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HomeMy WebLinkAbout1973-08-21; City Council; Resolution 3205RESOLUTION NO. 32.05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CHAMBER OF COMMERC,E,., , BE IT RESOLVED by the City Council of the City of Carlsbad as follows: That that Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City that certain agreement with the Chamber of Commerce, a copy of which is attached hereto and by this reference incorporated herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 21st day of ~~~~~t , 1973, by the following vote, to wit: AYES : Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSENT: None. G&d/k2/p& ID M. DUNNE, May-or ATTEST: MARGAWET E. ADAMS, City Clerk (seal ) A G R E E PI E N T THIS AGREEMENT made and entered into as of , by and between the City of Carlsbad, a municipal corporation organized under the laws of the State of California, and hereafter designated "City", and the Chamber of Commerce .of the City of Carlsbad, a non-profit corporation hereafter designated as "Chamber". NHEREAS, City does desire to advertise and exploit the 0 natural resources of the City of Carlsbad for the purpose of increasing the commerce and trade of the City, with particular reference to the existent residential facilities and opportuni- ties for business enterprise; and WHEREAS, the laws of the State of California authorize and contemplate the expenditure of monies for the promotion and advertising of City; and kIHEREAS, the Chamber has as its primary objective and is organized for the purpose of maintaining and carrying on promotional activities for said general and special purposes for and on behalf of City and is possessed of facilities for so doing; NOW, THEREFORE, in consideration of the mutual covenants and agreement as hereinafter set forth, the parties hereto hereby covenant and agree as follows: 1. The Chamber shall render to the City continuous service from to and including , and in the performance of such service shall actively and continuously promote the interest of the City by making known the resources of the City of Carlsbad for the purposes of increasing the trade and commerce 1. of the City. 2. The Chamber does hereby covenant and agree as f 01 10'.4S : (a) To maintain suitable quarters and employ competent personnel, to properly carry on the promotional activities herein enumerated. (5) To promptly answer a11 inquiries and correspondence relative to the business, industrial and residential advantages and opportunities in the City, and to disseminate information by correspondence, television, f radio, newspaper publicity and personal contacts favorably $? advertising such advantages and opportunities. data, gather and assemble news items,.photographs, literature, t scientific and historical articles descriptive of the City's I f i E (c) To prepare articles and news sto;ies, compile resources and to develop groper surveys relating to all phases of community life whereby outside interests and individuals may be induced to locate in said City. (d) To aid in promoting tourism arid the development and use of unoccupied and vacant properties. (e) To interview business and industrial executives with the view of urging the establishment of their business activities in said City. (f) To promote and invite trade and business meetings, celebrations and conventions whereby outside interests and individuals may become acquainted with the advantages and opportunities in said City. (4) To study the needs of the community as to public improvements of every character and to prepare data, attend conferences, and by every proper method aid in securing such improvements. (h) To submit material for the Newsletter, at the request of the City Manager, which Nev!sletter will be 2. published by the City of Carlsbad. (i> To carry on such other duties as may be required by the City Council to promote the business, industrial and tourism development of said City. (j) To cooperate with and advertise and recommend to the public all improvement programs sponsored or advanced or undertaken by the City which are in the opinion of the City Council in the interest of the public. 3. The City Council shall have the final determination as to whether or not the expenditures of monies as submitted to the City by the Chamber shall have been for proper adverti,sing and promotion of the City. It is the i'ntention ' of this provision to expressly provide that .the City Council does not delegate any of its legislative functions to the Chamber. 4. The Chamber does hereby covenant and agree that no money shall be expended by the Chamber for political purposes. 5. The Chamber does hereby covenant and agree that no monies shall be expended for private purposes, and for the purpose of determining whether or not monies were expended for private purposes, the following test shall apply: "Expenditures shall require that the work should be essentially public and for the general good of a17 the inhabitants of the City. It must not be undertaken merely for gain or for private objects. follow, but the purpose must be primarily to Gain or loss may incidentally satisfy the need or contribute to the convenience of the people of the City at large." 3. 6. It is mutually convenanted and agreed by and between the parties hereto that the City shall pay no monies to the Chamber until such time as the City Council shall have been presented with a voucher or an itemized invoice for monies expended. It is specifically understood that such vouchers may be in the form of a receipted invoice or, in the alternative, a certification by both the President and Manager of the Chamber of Commerce. Said certification of invoice to set forth in such detail as the City Council shall require the facts surrounding the disbursement of such monies. It is the intention of this provision to insure that no public funds shall be expended unless there is a prior legal ob1 igation. 7. The maximum amount of money for which /the City shall have any liability, as herein provided, shall not exceed the sum appropriated in the budget of the City of Carlsbad for the purpose of advertising and promotion. -8. The Chamber does hereby covenant and agree to render a full report of its activities to the City Council, which shall be delivered to the City at the office of the City Manager on or before . In the event this contract is renewed as hereinafter provided, then Chamber shall render a full report of its activities to the City Council prior to the first day of each January and each June during the period of any such renewal or renewals, such report to be delivered to the City Manager for transmission to the City Council. 9. It is understood and agreed that the monies allocated by the City to the Chamber for services to be rendered in accordance with this contract shall not be fixed or binding obligations upon the City, but shall be dependent upon the filing of proper claims and vouchers, as well as 4. filing the reports required as herein set forth, and shall be further dependent upon the availability of funds for said purposes during the fiscal year. 10. The Chamber shall prepare and present to the City Council a proposed budget of expenditures for the period of time covered by this contract, to wit: ,' . Said budget must show in detail the specific purpose of the yroposed expenditures, and if any of such suns are to be expended for salaries, wages, fees or commissions, the amount thereof shall be set out. No expenditures pursuant to this contract shall be made by the Chamber nor approved by the City Council until s,aid budget has been submitted to and approved by the City Council. During any renewal of this contract, as hereafter set out, such proposed budget shall cover a period of twelve (12) months constituting the fiscal year of City, to wit: July 1 through June 30 and the same requirement of approval by the City Council shall be a condition precedent to the disbursement of any funds authorized by said renewal agreement. 11. As to the fiscal year and during any subsequent renewal periods thereof, the Chamber shall submit its proposed budget to the City Manager not later than May 1st of each year. 12. This contract shall be subject to renewal by the Chamber upon its giving written notice to the City that it desires to renew the contract for the ensuing fiscal year and provided that the proposed budget has been submitted to and approved by the City Council. The determination as to the funds available to be spent pursuant to this contract, or any renewal thereof, shall depend and be limited to an amount appropriated by the City Council in its adoption of its fiscal year budget and specifically providing therein 5. for appropriation and allocation of funds for advertising and promotion to be used for the benefit of the general pub? i c through the Chamber. CITY OF CARLSBAD By: DAVID R. DUNNE, Nayor ATTEST: NARGARET E. ADAMS, City Clerk CHAMBER OF COMMERCE By: * 6.