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HomeMy WebLinkAboutReso 20-1976RESOLUTION NO. 20-76 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORATON, AND THE SOUTH SAN FRANCISCO CHAMBER OF COMMERCE, REGARDING ADVERTISING PROGRAMS FOR JULY 1, 1975 TO JUNE 30, 1976. BE IT RESOLVED by t'he City Council of the City of South San Francisco that the execution of an Agreement entitled "Agreement Between City of South San Francisco and South San Francisco Chamber of Commerce Regarding Advertis- ing Programs for July 1, 1975 Through June 30, 1976" is hereby authorized, and the City Manager is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. NOES ABSENT, " ABSTAINING, " I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at am adjourned reg~Tar meeting held on the llthday of February , 1976, by the fo]lowing vote: AYES, COUNCILMEN Richard a. Battaglia, F. Frank Mammini, Terry J. Mirri, and Warren Steinkamp Non e None Leo Padreddii City Clerk AGREEMENT AGREEMENT BETWEEN CITY OF SOUTH SAN FRAN- CISCO AND SOUTH SAN FRANCISCO CHAMBER OF COMMERCE REGARDING ADVERTISING PROGRAMS FOR JULY 1, 1975 THROUGH JUNE 30, 1976 THIS AGREEMENT, made and entered into this llth day of February , 1976, by and between the City of South San Francisco, a municipal corpora- tion, and the South San Francisco Chamber of Commerce, a non-profit corpora- tion, organized and existing under the laws of the State of California, WITNESSETH' WHEREAS, the City of South San Francisco is authorized to expend funds for advertising and making known resources of said City for the purpose of inducing immigration to and increasing the trade and commerce of said City, and for advertising the industrial, commercial, climatic, recreational and other resources or advantages of the City of South San Francisco for said purposes; and WHEREAS, the Chamber is a non-profit corporation organized for the purpose, among others, of advertising and making k~own the .resources of the City of South San Francisco for the purpose of inducing immigration to such City and increasing the trade and commerce of such City; and WHEREAS, the City of South San Francisco does not have all of the facilities necessary for advertising and making known the resources of the City for the aforesaid purposes, and the Chamber is willing to provide such purposes pursuant to the terms and conditions hereinafter set forth; NOW, THEREFORE, IT IS HEREBY AGREED, by and between the parties le hereto as fol 1 ows: 1. LENGTH OF AGREEMENT: This Agreement shall be in effect for the period commencing July 1, 1975, and ending June 30, 1976, unless sooner terminated as hereinafter provided, and shall supersede the preceding Agreement. 2. CHAMBER ADVERTISING PROGRAM: The Chamber, as an independent contractor, through its various departments and facilities, shall adVertise and make known the various resources of the City of South San Francisco, for the purpose of induci-ng immigration thereto and increasing the trade and commerce thereof by preparing, providing, disseminating, circulating and/or publishing such data, statistics, reports and other information as may be reasonably necessary for the aforesaid purposes. 3. CITY'S PAYMENT TO CHAMBER: In consideration therefor, City. shall pay to Chamber the sum set forth on Exhibit A attached hereto. 4. TERMINATION OF CONTRACT: Either party to this Agreement may termin- ate said Agreement upon giving notice thereof in writing at least thirty (30) days in advance of said termination. From and after the effective date of such termination such Agreement shall be terminated for all purposes except as to obligations already accrued. 5. QUARTERLY REPORTS: Chamber shall furnish City quarterly reports regarding the activities performed by Chamber pursuant to paragraph "2" and other related provisions of this Agreement, the first of said reports being due on or before the 1st day of October , 1975. 6. INDEPENDENT CONTRACTOR RELATIONSHIP: The parties intend that the e relationship between them created by this Agreement is that of employer - independent contractor. No agent, employee or servant of Chamber shall be or shall be deemed to be the employee, agent or servant of City. City is interested only in the results obtained under this Agreement; the manner and means of conducting the programs are under the sole control of Chamber. Noneof the benefits provided by the City to its employees, including but not limited to compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Chamber. Chamber shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this Agreement. Chamber shall direct the performance of all of Chamber's personnel and its agents and employees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the day and year first above written. CITY OF SOUTH SAN FRANCISCO, A municipal corporation ATTEST: /s/ Arthur A. Rodondi City Clerk By /s/ Edward G, Alario City Manager SOUTH SAN'FRANCISCO CHAMBER OF COMMERCE By /s/ Edward Rodondi President EXHIBIT "A" AGREEMENT BETWEEN CITY AND CHAMBER OF COMMERCE FISCAL YEAR 19.75-76 1. Payment for advertising services for fiscal year 1975-76. City shall pay the Chamber of Commerce the sum of ~ZmTEEN TXOUSaNO DOLLARS ¢$15 ,000.00~ hereinafter designated base payment, for the fiscal year 1975-76 adver- tising program, except that said base' payment may be increased as provided in paragraph 2 of this Exhibit. 2. Increase in base payment for fiscal year 1975-76. If the Chamber of Commerce includes in its advertising program the event referred as as the "Pageant" and funds the cost therefor from sources other than the base payment described in paragraph "1" of this Exhibit, or other funds paid or advanced to the Chamber of Com- merce by City, then City shall increase the base payment for fiscal year 1975-76 by the lesser of the following: (a) a sum equal to Fifty percent (50%) of the cost of the Pageant, or (b) a sum of Three thousand dol 1 ars ($3,000). 3. Philadelphia Bicentennial Event. If the Chamber of Commerce includes in its advertising program a contribu- tion to the South San Francisco Unified School District to assist in fund- ing the E1 Camino High School Show Troupe trip to Philadelphia as part of the bicentennial cultural exchange of music groups and contributes funds therefor in a sum not to exceed Four thousand dollars ($4,000), then Page I of Exhibit "A" Exhibit "A" to Agreement Between City and Chamber of Commerce for Fiscal Year 1975-76 City shall increase the base payment for fiscal year 1975-76 by the sum of Four thousand dollars ($4,000). Page 2 of Exhibit "A"