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HomeMy WebLinkAboutReso. 1987 - 141 - Approving the contract between the city of redding and michael stewart & associates ` t r • RESOLUTION NO. $7-/yr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE CONTRACT BETWEEN THE CITY OF REDDING AND MICHAEL STEWART & ASSOCIATES, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the attached Contract between the City of Redding and Michael Stewart & Associates; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid Contract, when appropriate. 3. That a true copy of said Contract is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 5th day of May , 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: FORM e 'PROVED: /eae,eaee /I �l• ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, Ci Attorney �.1 • Ai: CONTRACT FOR FURNISHING VISITORS GUIDES TO THE REDDING CONVENTION & VISITORS BUREAU THIS CONTRACT is made this iso of M O.AJ/ , 1987 , by and between the CITY OF REDDING, California , hereafter "City, " and MICHAEL STEWART & ASSOCIATES , hereafter "Publisher. " 1 . Publisher agrees to publish, produce, and ship to City 40 , 000 copies of Visitors Guides which meet the "City of Redding Purchasing Department Specifications for Visitors Guides , " a copy of which is attached hereto and incorporated by reference. 2 . The purchase price by City is Ten Thousand Three Hundred Seventy-Five and 00/100 Dollars ($10 , 375 . 00) , payable on delivery. 3 . It is understood that the City ' s purpose in entering this contract is to "cover" or mitigate the damage caused by the material breach of contract and failure of Resorts Publishing Company to perform under a contract for publication of these Visitors Guides. It is further understood that City will notify Resorts Publishing Company to suspend performance under the original contract while City attempts to mitigate its damages through this contract with Publisher; City also agrees to attempt to notify all advertisers that had purchased space in the publication to be produced under the original contract that performance under said contract has been suspended. Publisher • • agrees that in attempting to solicit advertising for the new publication from advertisers who purchased space in the publication that was to be produced by Resorts Publishing Company, Publisher will offer an equivalent amount of space at a price no greater than the outstanding balance due from the advertiser to Resorts Publishing Company. Publisher further agrees that payment for such advertising shall not be due until delivery of the publication to City. 4. Publisher agrees to indemnify, defend, and hold City, its officers, agents, and employees harmless against any claims, injuries, or damages arising from the entry of this agreement with Publisher or the performance of this agreement by Publisher. 5. This agreement does not operate as a release or waiver of any claims, rights, or liabilities as may exist between and. among City, Resorts Publishing Company, and Publisher with respect to the contract between City and Resorts Publishing Company for publication of Visitors Guides. 6 . It is further agreed that the Visitors Guides to be furnished under this contract will be delivered F.O.B. City of Redding, Tourist & Convention Bureau, 777 Auditorium Drive, Redding, California 96001 , within 30 days after the awarding of this contract and receipt of editorial copy from City for inclusion in the Visitors Guide. 7. Publisher may, at the option of City, be required to provide a performance bond in the face amount of Twenty-Five Thousand Dollars and 00/100 ($25 , 000 . 00) . • -2- • 411• 8 . It has been determined that this matter is not subject to the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF REDDING By MIKE DAHL, Mayor City of Redding MICHAEL STEWART,r & ASSOCIATES By ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -3- • f III 41.7 CITY OF REDDING PURCHASING DEPARTMENT SPECIFICATIONS FOR VISITORS GUIDES The visitors guide shall be a complete directory of services for the visitor in the City of Redding and Shasta County area . The successful bidder shall design the guide to promote tourism and expose all of those traveling in the area to the dining, shopping, recreation, sporting events , theater and specialties that tend to increase their stay. Visitors Guide : 1 . Shall he a minimum of 32 pages printed on high quality glossy magazine stock. 2. Editorial 35% - Maximum Ad space 65% . 3. 35% of guide to be color. • 4 . Convention Bureau shall decide on name. 5 . Convention Bureau shall provide editorial copy. 6 . Convention Bureau shall provide photographs . 7. Guides shall be shipped to and distributed by the Convention Bureau. 8 . Freight charges shall be absorbed by the successful bidder. Successful bidder shall have the exclusiv right to solicit and sell advertising on the Visitors Guide. The City agrees to use no other advertising on the Visitors Guide other than that as supplied by the bidder. Advertising shall be consistent with industry standards for this type of guide. Successful bidder may be required to provide a performance bond. NOTE: If there are any deviations from the specifications set 1 forth herein, the bidder shall note the deviations in his bid . Failure to note a deviation from the specifications may be grounds I for rejection by the City of that particular bid. Where deviations jare noted, the City reserves the right to accept a bid containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is to be acquired and such deviations result in a lesser total cost to the City for the subject item. .