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HomeMy WebLinkAboutCC RESO 5577a 1,-4-6 f 4-7 RESOLUTION NO. 5577 BE IT RESOLVED by t.e City Council of the City of National City, Ca'' iforn3.a, as follows: SECTION 1' That certain agreement between NATIONAL CITY CHAMBER OF COMMERCE, an Associating and the CITY OF NATIONAL CITY, a municipal corporation, a copy of which is attached hereto, and by this reference incorporated herein the same as though fully set forth herein, be, and the same is hereby, approved. SECTION 2: That MAt DICE CARRIGAN, Mayor of the City of National City is, and he is hereby, authorized and directed to execute the same for and upon behalf of the said City. PASSED AND ADOPTED by the City Council of the City of National City, California, this 16th day of October 19 51 . , by the following vote, to -wit: Clarke, Curry, Hart, Ingalls, Carrigan AYES: Councilmen NAYS: Councilmen None ABSENT: None ATTEST:u I hereby approve the foregoing Resolution +liar's Mayor of the City of Afational City,,,'alifornia. this 16th day of..Qotab.er Mayor of the City of Nafional City, California. Resolution I hereby certify that the above and foregoing is a full and true copy of No Ordinance of the Resolutions Ordinances } of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy AGREEAE NT THIS AGREEMENT, made and entered into this 16th day of October, 1951, by and between the NATIONAL CITY CHAMBER OF COMMERCE, an Association, herein designated as Advertiser, and the CITY OF NATIONAL CITY, a munt ipal-corporation in the County of San Diego, State of California, hereinafter desig- nated as City. WITNESSETH: WHEREAS, said Advertiser is the National City Chamber of Commerce, within the City of National City, and has special knowledge, experience, and facilities for promotion and adver- tising work to be done and performed for the City of National City; and WHEREAS, it is the desire of the City to employ said National City Chamber of Commerce as its agent for the purpose of advertiing, exploiting and making known the resources of the City for the purpose of inducing immigration to, and in- creasing the trade and commerce of, said City, or for exhibit- ing or advertising for said purposes, the agricultural, horti- cultural, viticultural, mineral, industrial, commercial`,: climatic, educational, recreational, artistic, musical, cul- tural and other resources, all pursuant to the Government Code of the State of California; and WHEREAS, in order to accomplish said purposes, it will be necessary for said Chamber of Commerce, from time to time, to expend money for supplies, telephones, telegrams, employment of personnel and other purposes and items: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That said Advertiser shall, as agent for and on behalf of said City of National City, set up a program and and carry on the advertising, exploiting and making known the resources of the City for the purpose of inducing im- migration to, and increasing the trade and commerce of, said City, or for exhibiting or advertising, for said purposes, the agricultural, horticultural, viticultural, mineral, industrial, commercial, climatic, educational, recreational, artistic, musical, cultural, and other resources or advantages of the City. 2. That the term of this contract shall be from July 1, 1951, to the 30th day of June, 1952; that either party may, however, terminate this.contract by the giving, one to the other, of thirty (30) days' written notice of intention to so terminate. 3. That Advertiser shall use its facilities and its ,special knowledge and experience in carrying out the terms of this agreement and that the City hereby agrees to pay Advertiser for the said expenses, subject to -the terms, conditions and re- - structidns imposed by this agreement. 4. That whenever the City Council of the City shall desire the performance of a specific and extraordinary service from Advertiser under this contract, it shall request Adver- tiser to prepare and present for the approval of said Council a plan of advertising, entertainment, or other suitable pro- posal for the promotion and advertisement of the City and the approximate cost thereof. Whenever Advertiser shall be of the opinion that any extraordinary service of the character herein provided for should be undertaken, it shall make a recommenda- tion to said City Council and present a plan or proposal for the consideration of said City Council specifying the service to be rendered or work to be done and the approximate cost Page Two en•. cr thereof. Upon the approval of any such plan or proposal by said City Council, whether presented in response to the direct- ion of said City Council or upon the initiative of Advertiser, Advertiser shall proceed with the execution -of such plan or proposal and shall be entitled to additional compensation therefor as hereinafter provided. Said City Council may modify any such plan or proposal in its entirety, or may direct the submission of a new plan or proposal which may be modified, altered or rejected in the same manner. The Ad- vertiser shall always have the option to refuse to undertake a plan or proposal requested by the City Council or a plan or proposal suggested by Advertiser which is materially modified by said City Council. Upon the final approval of any such plan or proposal, and the execution thereof by Advertiser, said City shall pay to Advertiser, upon its demand as herein- after provided, the cost actually incurred by Advertiser in executing said plan or proposal, provided, however, said pay- 'ment shall not exceed by more than ten per cent (10%) the estimated cost of such plan or proposal as hereinabove pro- vided. 5. That it is mutually agreed that no part of any money paid by the City to Advertiser shall ever be used to pay salaries of officers of the Advertiser. 6. That the total obligation of the City, and the compensation for said services to be performed by Advertiser under this agreement, shall not exceed the total sum of One Thousand Two Hundred Dollars ($1,200.00), provided, however, that this agreement may be amended or supplemented in writing and regularly and duly executed by the parties hereto. 7. That the Advertiser shall submit to the City itemized bills setting forth expenditures made and work done Page Three as hereinabove.provided, in the form and manner as required by law; and said claim or demand shall be subject to the approval of the City Council of the City of_National City and shall be presented and audited in the manner required by law, and said claim or demand shall be supported by a state- ment of said Advertiser showing the amount of liabilities in- curred for the basis of said claim or demand. That Advertiser shall be entitled to payment only for the expenses actually paid or incurred by it in carrying out any plan or proposal and shall not receive any compensation for its own service as such. That, notwithstanding anything to the contrary in this paragraph contained, Advertiser shall not submit, nor shall the City audit, claims or demands totaling in excess of 000.00 prior to January 1, 1952. IN WITNESS MBEREOF said City has caused this agree- ment to be executed by its Mayor and attested by its City Clerk, and Advertiser has caused said agreement to be executed by its President and its Secretary, thereto duly authorized, and its corporate"seal affixed, the day and year in this instrument first written. ATTEST: CITE CT,F'RK of the CITY OF NATIONAL CITY. CITY OF NATIONAL CITY, a munI ipal corporatio • By: NATIONAL CITY CHAMBER an Association. OF COMNMRCE, PRESIDENT SECRETARY ADVERTISER. Page Four