HomeMy WebLinkAbout1994-305
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RESOLUTION NO.
CJ4-10S
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE,
INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 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 Inland Dance Theatre, 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referenced agreement is rescinded if the parties to the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 sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the
3rd day of
wit:
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October
, 1994, by the following vote, to
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94-305
,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE I
INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
The foregoing
day of october
AYES
NAYS
ABSTAIN
ABSENl'
x
x
x
x
x
x
x
7({u)ul C1cvL/6
City Clerk
resolution i6t :f;;:~~::~~s ~
I 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
city Attorney
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BY : ,j 6f....v>V~ ;; .
/1
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TOm Mino I Mayor
city of San Bernardino
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94-305
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "city" and
The Inland Dance Theatre, Incorporated, a non-profit
organization, referred to as "Organization".
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from city for the fiscal year 1994-95, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Organization as set forth in
Organization I s grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of the City, a copy of
which proposal is on file in the Office of Cultural Affairs.
The terms of the proposal 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 only basis, and receipt of said funds shall not
imply a continuing obligation of the City beyond the terms of
this Agreement.
B. The expenditure is for a valid municipal public
purpose, to wit: for the promotion of art appreciation in San
Bernardino, as more fully set forth in the proposal submitted
by Organization.
2 . Pavment.
Finance Director,
Upon presentation of a claim to the City
City shall pay to Organization from the
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. 94, 3'1) ~.
budget for tne 1994-95 fiscal year, the total sum of $12,000
3 dollars, to cover the costs per the Fine Arts grant
4 application agreement.
5
Use of Funds.
The funds paid to Organization shall
3 .
6 be used solely for the purposes set forth in Paragraph 1 and
7 in strict compliance with the provisions set forth in the
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agreement.
No deviation from the agreement shall be made
9 without the express approval of the City of San Bernardino.
10 Said funds shall be expended by June 30, 1995, and any
11 unexpended funds shall be returned to City by Organization.
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4.
Accountinq. within 20 days after the completion of
13 the event, the Organization shall submit to the City
14 Administrator, with a copy to the Director of Finance an
accounting of the actual expenditures connected with said
event as it relates to the funds which were provided by the
city.
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
expenditures 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.
5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its
W'
employees and agents from all liabilities and charges,
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'94 305
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. Organization
and its employees and agents are independent contractors and
are not employees or agents of the City in performing said
services.
6. Termination. ci ty 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 purposes other than those
authorized under this Agreement.
7. Assiqnment. Organization shall not assign its
interest in this Agreement without the prior written approval
of City.
8. 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,
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2 agents and employees, organization and its agents performing
3 acts covered by this Agreement from claims for damages for
4 personal injury, including death, as well as from claims for
5 property damage which may arise from Organization's or its
6 agents' operations hereunder, whether such operations be by
7 Organization or its agents or by anyone directly or indirectly
8 employed by either Organization or its agents, and the amounts
9 of such insurance shall be as follows:
10
(a) Public Liability Insurance. In an amount not less
11 than $100,000 for injuries, including, but not limited to,
12 death, to anyone person, and subject to the same limit for
13 each person, in an amount not less than $100,000 on account of
14 anyone occurrence;
(b) Property Damage Insurance. In an amount of not less
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than $50,000 for damage to the property of each person on
account of anyone 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 insured in each policy of
insurance provided hereunder.
9. Obliqation. 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
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94 395
the organization.
10. Notices. All notices herein required shall be in
4 writing and delivered in person or sent by certified mail,
5 postage prepaid, addressed as follows:
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As to City:
As to Organization:
City Administrator
city of San Bernardino
300 North "D" Street
San Bernardino, CA 92401
Jean O'Leary, President
Inland Dance Theatre, Inc.
P.O. Box 3691
San Bernardino, CA 92413
11. Entire Aqreement. This Agreement and any documents
11 or instruments attached hereto or referred to herein integrate
12 all terms and conditions mentioned herein or incidental
13 hereto, and supersede all negotiations and prior writing in
respect to the subj ect 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.
12. Non-Discrimination. Organization agrees that for
the term of this Agreement it shall not discriminate in
employment,
recruitment,
admission practices,
hiring,
advertising or in any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
/0/;2. 2/ 9~/
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94-305
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE
THEATRE, INCORPORATED FOR THE PROMOTION OF THE ARTS AND
CULTURE.
ATTEST: G ~ ~'-
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
r:
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By: WVvvo.-~ 9.l'~
(j
j
CITY OF SAN BERNARDINO
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ORGANIZATION
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