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Resolution 02131RESOLUTION NO. 2131 AUTHORIZING EXECUTION OF COMTRACT WITH ALAMEDA CNAKBER OF COMMERCE FOR ADVERTISING FOR FISCAL YEAR ENDIMG JUNE 30, 1937. WHEREAS by Ordinance No. 583 N.S. the Council of the City of Alameda has appropriated the sum of $2000, to be used for publicity or advertising for said city for the fiscal year ending June 30, 1937, and whereas the Alameda Chamber of Commerce, a non-profit corporation, is so organized that it can, to the best advantage, furnish such advertising and publicity for the City of Alameda, and WHEREAS the said Alameda Chamber of Commerce is willing to undertake the ork of advertising the City of Alameda, and to carry on all the necessary publicity for said City during the said fiscal year, NOW TIMREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA, that the City of Alameda enter into a contract with the Alameda Chamber of Commerce for the carrying on by said Chamber of Commerce of all necessary publicity and advertising on behalf of the City of Alameda for the fiscal year ending June 30, 1937, provided the obligation of the City, or the services or work to be done and performed by said Chamber of Commerce for such purposes, shall not exceed the sum of 41600.00; and BE IT FURTHER RESOLVED that the Mayor of the City of Alameda be, and he is hereby authorized to execute on behalf of said City, and the City Clerk to attest, a contract with said Alameda Chamber of Commerce, in the following terms, to-wit: C ONTRACT THIS AGREEMET7, made and entered into this day of January, 1937, by and between the City of Alameda, a municipal coreoration,-7greinafter called the City, and the Alameda Chamber of Commerce, a non-profit corporation, hereinafter called the Advertiser, WITNESSETH: That for and in consideration of the mutual promises, covenants and agree- ments herein contained, it is hereby agreed by and between the parties hereto as follows: FIRST: The Advertiser hereby agrees, during the fiscal year 1930-37, to use its facilities and its special knoeledge and experience, to conduct and carry on for the City the necessary publicity and advertising, in order to accomplish the following purposes: To advertise the City and to give publicity to its advantages as a residential, commercial and industrial city; to publicize the City-vs geographical, climatic and other natural advantages, its resources, its commercial, industrial and governmental enter- prises, and, generally, to carry on a systematic and aggressive campaign of publicity and advertising with the objective of attracting new residents to the City, increasing its commerce, and encouraging the settlement of new industrial and commercial enter- prises within its borders. SECOND: The publicity and advertising herein agreed to be carried out by the Advertiser shall he conducted through any of the usual channels of advertising and pub- licity, namely; by means of newspapers or periodicals; by the printing and distribution of pamphlets, pictures, postcards or circulars; by outdoor advertising; or by such other methods of publicity or advertising as may be mutually agreed upon by the City Manager or the City Council of said City, and the Advertiser. Said Advertiser agrees to aseist and participate in receptions and entertain- ment of public guests and in conducting public celebrations held by or on behalf of the City, or jointly with other neighboring cities, whenever such receptions or celebrations will result in accomplishing the purposes of publicity and advertising herein contemplated. THIRD: Advertiser agreee to aot as advisor to the Council of the City, and to report and make its recommendations to the Council, on all matters pertaining to city advertising and publicity. Advertiser further agrees to submit to the Council or the City Manager for examination end epprova2, and before printing and distribution, proofs of all advertising matter proposed to be issued under this contract. The Council or the City Manager of the City may order such alterations or modifications in said advertising as it or he may deem proeer. Advertiser also agrees to carry out such plans or proposals for advertising or publicity, within the contemplation of this contract, as the City may direct and to furnish the City, from time to time, as nay be requested by the City Manager or the Council, with reports covering in detail the manner in which such advertising and publicity is being conducted. FOURTH: In consideration of the faithful performance by Advertiser of all of the covenants and agreements herein contained, and by it to be kept and performed, the City agrees to pay said Advertiser, in the manner hereinafter provided, the actual cost to Advertiser incurred ln connection with the execution and production of such adertis- ing, it being further understood and agreed between the parties hereto that the obliga- tion of the Tit y and the services and work to be performed by said Advertiser under this contract shall not exceed the total sum of *1600.00. Advertiser shall be paid for the cost of executing such separate plan or proposal of advertising immediately after- the completion thereof, and for the cost of producing any specific advertisement or advertising matter as soon as same has been produced. All moneys due said Advertiser under this contract shall be paid upon demands presented and audited as required by the City Charter., and shall be supported by a statement of said Advertiser showing the nature of the items forming the basis of such claims together with vouchers aad bills showing the amount expended or liabilities incurred in connection therewith by the Advertiser. Such demands shall not include any charge or compensation for Advertiser's own services, as such. On June 30, 1937, the City shall pay Advertiser, as full compensation for its services hereunder, a sum equal to 155 of the actual cost of all advertising and publicity produced by Advertiser under this contract; provided that in no event shall the amount of such compensation, together with the aggregate amount of such demands, exceed the -total sum of 4600.00. FIFTH: It is further understood and agreed that the City Manager of the City Manager of the City may, from time to time, appoint such person as he may designate to attend the meetings of the Beard of Directors of said Alameda Chamber of Commerce; it being understood that the person so designated shall not have the power to vote, but shall have the right to participate in the discussions of said Board on all matters relating to the aforesaid advertising and the expenditure of the sums hereby agreed to be paid by the City. SIXTH: The term of this contract shall be from the date of its execution to and including the 30th day of June, 1937. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be 4xecuted the day and year first above written, the City by its Mayor, and attested by its City Clerk, under authority heretofore given by its City Council, and said Advertiser by its officers thereunto duly authorized by resolution of its Board of Directors. Attest: City Clerk CITY OF ALAMEDA, a municipal corporation, By Mayor City ALLUEDA CHAMBER OF COMICRCE, a non-profit corporation, By By Advertiser I,' the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assehbled on the 19th day of January, 1937, by the following vote, to wit: AYES: Councilmen Calcutt, Krumb, Meurer, Weichhart and President Eschen, (5). NOES: None. ABSENT: None. 3ITNES'3 WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of January, 1937. D. ELMSH DYER City Clerk of the City of Alameda. I 'hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 2131, AUTHORIZING EXECUTION OF CONTRACT WITH ALAMEDA CHAIER OF COMIERCE FOR ADVERTISING FOR FISCAL YEAR ENDING JUNE 30, 1937", introduced and adopted by the Council on the 19th day of January, 1937. (77 City er)eepfeathe- Cat f Alameda.