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Home My WebLink About2003 CON Maytime Band Review Corp - ParadeCity of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalta, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 28, 2003 Ms. Anne Campbell, President Maytime Band Review Corporation PO Box 1298 National City CA 91951 Dear Ms. Campbell, On March 18, 2003, Resolution No. 2003-32 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement between the City of National City and the Maytime Band Review Corporation. We are forwarding a certified copy of the above Resolution and a fully executed original amendment. Sincerely, fj tt l�l� ,)ikyll l4 Martha L. Alvarez Deputy City Clerk /mla Enclosure cc: City Manager File No. C2003-7 CZ.0o3 --) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 13, 2003 AGENDA ITEM NO. 2 (-ITEM TITLE RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW PREPARED BY EXPLANATION Park Morse, ACM (11p�DEPARTMENT (336-4240) ,V City Manager The Maytime Band Review Corporation has requested funding appropriated in the 2002-03 Fiscal Year budget. A proposed Agreement has been submitted for consideration and adoption. The Agreement proposes $13,000 in compensation in return for the various advertising services provided by the Corporation. Insurance and the City's ad in the Program are covered within this amount. Environmental Review X N/A Financial Statement Approved By: Finance Direct Funds in the amount of $13,000 are budgeted in Account 001-409-000-650-92 (Maytime Band Review) Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A >ATTACHMENTS ( Listed Below 1. Resolution 2. Letter & Proposed Contract Resolution No. 2003-32 A-200 (9.99) RESOLUTION NO. 2003 - 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE MAYTIME BAND REVIEW CORPORATION WHEREAS, the Maytime Band Review Corporation has special expertise and knowledge in directing and sponsoring the Annual Maytime Band Review for the City of National City; and WHEREAS, it is the desire of the City of National City to employ said Maytime Band Review Corporation as its agent for the purpose of advertising the City, all pursuant to the Government Code of the State of California, and WHEREAS, it has been found by said City that the annual Maytime Band Review will publicize and advertise said City, the City Council does further find and does hereby determine that the expenditure of the sum of $13,000 for the conducting of the Maytime Band Review is proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the Maytime Band Review Corporation to direct and sponsor the 2003 Maytime Band Review. Said Agreement is on file in the Office of the City Clerk. PASSED AND ADOPTED this 18th Day of March, 2003. Nick Inz'ayor ATTEST: Mic ael R. D. la, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on March 18, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California :4Pfl% O% City Clerk of the Citytional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-32 of the City of National City, California, passed and adopted by the Council of said City on March 18, 2003. City Clerk of the City of National City, California By: Deputy CONTRACT BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW CORPORATION THIS AGREEMENT, entered into this 18ntlay of MARCH , 2003 by and between the City of National City, California, a municipal corporation in the County of San Diego, State of California, hereinafter designated as "CITY" and Maytime Band Review Corporation, a California corporation, hereinafter designated as "ADVERTISER". WITNESSETH WHEREAS, ADVERTISER has special experience and knowledge in directing and sponsoring the Annual Maytime Band Review for the City of National City, and WHEREAS, it is the desire of the CITY to employ said Maytime Band Review Corporation as its agent for the purpose of advertising the City, all pursuant to the Government Code of the State of California, and WHEREAS, it has been found by said City that the annual Maytime Band Review will publicize and advertise said City, the City Council does further find and does hereby determine that the expenditure of the sum of $13,000.00 for the conducting of the Maytime Band Review is proper for the purpose hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That the CITY hereby agrees to pay ADVERTISER the sum of $13,000.00 (thirteen thousand dollars) subject to the terms, conditions and restrictions imposed by the agreement; 2. CITY agrees to pay ADVERTISER, said sum in three installments of $4,333.33 on or before March 1, and April 1, and $4,333.34 on May 1. All such sums paid to be substantiated by itemized statement of monies actually spent or liabilities incurred; 3. That said sum includes funds required by ADVERTISER to furnish necessary insurance for the Maytime Band Review and for the CITY'S ad in the souvenir program; 4. That the term of this agreement shall expire on June 30, 2003; 5. That it is hereby mutually agreed that no part of any money paid by the CITY to ADVERTISER shall ever by used to pay any part of the salaries of its officers; 6. That the ADVERTISER will have full control and authority in producing and putting on the Maytime Band Review. The CITY shall review and approve all parade routes and shall separately authorize any auxiliary use of City facilities such as parks, buildings, or other public property; 7. It is distinctly understood and agreed that the entire sum paid ADVERTISER by CITY pursuant to this agreement shall actually be paid out by ADVERTISER for the sole purpose of conducting the activities in promoting and producing the Maytime Band Review, 8. That additional monies received from sale of souvenir program, concessions and bleachers over and above the cost of putting on the Maytime Band Review may be retained by the Maytime Band Review Corporation; 9. The ADVERTISER agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the ADVERTISER's performance of this Agreement. IN WITNESS WHEREOF, said CITY has caused this agreement to be executed by its Mayor and attested by its City Clerk and ADVERTISER has caused this agreement to be executed by its President and its Secretary thereto duly authorized, the day and year in this instrument first written. -- Signature Page to Follow — 2 NATIONAL CITY. CALIFORNIA Phone: (619) 477-9339 (619) 475-6124 Fax: (619) 475-6124 February 20,, 2003 Mr. Tom McCabe, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Tom: P.O. Box 1298 National City, CA 91951 Enclosed is our City Advertising Contract for 2002-2003 in accordance with the budgeted amount for the 2003 Maytime Band Review. As stated in the contract, we will bill the City in three installments after the contract is officially adopted by the City council. The 56th Annual Maytime Band Review will take place on Saturday, May 3, 2003. Respectfully submitted, Edith A. Hughes Executive Director