HomeMy WebLinkAbout1998-303
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RESOLUTION NO. 98-303
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER FOR THE FINE
ARTS RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION
FUND FOR FISCAL YEAR 1998/99.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
agreement with the Sturges Center for the Fine Arts relating to
financial assistance from the Civic and Promotion Fund for FY
1998/99, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
execute it within
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resolution.
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sixty (60) days of the passage of this
98-303
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE STURGES CENTER FOR THE FINE ARTS RELATING
TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR
FISCAL YEAR 1998/99.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reaular
meeting thereof, held on the 19th
day
of October
, 1998, by the following vote, to wit:
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10 Councilmembers
11 ESTRADA
12 LIEN
13 ARIAS
14 SCHNETZ
15 DEVLIN
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
16 ANDERSON
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x
MILLER
x
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24 Approved as to form
25 and legal content:
~t~
pproved this ;Zt!J--.day of
The foregoing resolution is
October ,1998
t?~
nvalles, Mayor
of San Bernardino
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By:
98-303
A G R E E MEN T
Civic and Promotional
THIS AGREEMENT is entered into
BERNARDINO, a municipal corporation,
STURGES CENTER FOR THE FINE ARTS, a
referred to as "Organization."
The parties agree to as follows:
1. Recitals.
A. Organization has requested financial assistance from
City for the fiscal year 1998-99, in order to assist in defraying
the expenses connected with general/salary support for full time
staff, as outlined in their Request for Funding to the Mayor and
Common Council, a copy of which is attached hereto marked Exhibit
"B". The terms of the request are incorporated herein by reference
and shall govern the uses of the funds provided herein. The
financial assistance provided for in this agreement is made on a
one-time basis, and receipt of said funds shall not imply a
continuing obligation of the City beyond the terms of this
between the CITY OF SAN
referred to as "City" and
non-profit organization,
Agreement.
B. The expenditure is for a valid municipal public
purpose, to wit: the general/salary support for full time staff.
2. Pavment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the civic and
promotion fund budget for the 1998-99 fiscal year, the total sum of
NINE THOUSAND DOLLARS ($9,000)
Exhibit "A"
98"-303
3. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Paragraph 1 above. No
deviation from these provisions shall be made without the express
approval of the City of San Bernardino. Any unexpended funds shall
be returned to the City by Organization.
4. Accountabilitv. Financial records shall be maintained in
accordance with generally accepted accounting principles by
Organization in such manner as to permit City to easily trace the
expenditure of the funds. All books and records of Organization
are to be kept open for inspection at any time during the business
day by the City or its officers or agents. Failure to submit the
financial records in accordance with this section will result in
the Organization reimbursing the City in the full amount received
by Organization. At the conclusion of the program, Organization
shall present the City Administrator or his/her designee copies of
all receipts for expenditures connected with said program in the
total amount of NINE THOUSAND DOLLARS ($9,000.00).
5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its employees and
agents from all liabilities and charges, expenses (including
counsel fees), suits, or losses however occurring, or damages
arising or growing out of the use or receipt of the funds paid
hereunder and all operations under this agreement. Payments
hereunder are made with the understanding that the City is not
involved in the performance of services or other activities of
Organization.
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98-303
6. Insurance. Organization shall take out and maintain
during the life of this Agreement such public liability and
property damage insurance as shall insure City, its elective and
appointive boards, commissions, officers, agents and employees,
organization and its agents performing acts covered by this
Agreement from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise
from Organization's or its agents' operations hereunder, whether
such operations be by Organization or its agents or by anyone
directly or indirectly employed by either Organization or its
agents, and the amounts of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less than
$1,000,000 for injuries, including, but not limited to, death, to
anyone person, in an amount not less than $100,000 on account of
anyone occurrence;
(b) Property Damage Insurance. In an amount of not less than
$50,000 for damage to the property of each person on account of any
one occurrence.
(c) Workers Compensation. Organization shall provide workers
compensation insurance in the amount required by state law if the
funds provided hereunder are to be paid as salary to any employee
of organization. Organization shall require that all rights of
subrogation under such policy of workers compensation insurance
shall be waived as to City. City shall be set forth as an
additional named insurance in each policy of insurance provided
hereunder.
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(d) The Certificate of Insurance furnished to the City shall
require the insurer to notify the City of any change or termination
in the policy,
7. Termination, City shall have the right to terminate this
agreement and any funding remaining unpaid hereunder for any reason
by mailing a ten-day written notice to Organization and this
agreement shall terminate ten days after the mailing of such
notice.
In the event this agreement is terminated for reasons of
improper use of funds or use of funds for any purpose other than
those authorized, any unexpended portion of the funds provided by
City shall be returned to City.
In addition, Organization shall
reimburse to City any funds expended which were used for any
purpose other than those authorized under this agreement.
8. Authorization to Execute. Organization hereby covenants
that it has taken all actions necessary to make the adherence to
the obligations imposed by this agreement a binding obligation of
the organization,
9,
Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
As to City:
As to Organization:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Administrator
Sturges Center for the Fine Arts
P . O. Box 13 0 3
San Bernardino, CA 92402
Attn: Charles Bradley, General
Manager
10. Entire Aqreement,
This agreement and any documents or
instruments attached hereto or referred to herein integrate all
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98-303
terms and conditions mentioned herein or incidental hereto, and
supersede all negotiations and prior writing in respect to the
subject matter hereof. In the event of conflict between the terms,
conditions or provisions of this Agreement, and any such document
or instrument, the terms and conditions of this Agreement shall
prevail.
In witness whereof, the parties hereto have executed this
agreement on the day and date first above shown.
CITY OF
BERNARDINO
FINE ARTS
~~
Charles Bradley,
ATTEST:
BY:~ ~~
Ci Clerk
Approved as to form
and legal content:
James F.
City A
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by: