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RESOLUTION
91-307
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE
2 PROMOTION OF ARTS AND CULTURE (SALARY FOR AN ASSISTANT) .
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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5 SECTION 1. The Mayor of the city of San Bernardino is
6 hereby authorized and directed to execute on behalf of said city
7 an Agreement with the Sturges Foundation a copy of which is
8 attached hereto, marked Exhibit "A" and incorporated herein by
9 reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
referenced Agreement is rescinded if the parties to
the
12 Agreement fail to execute it within sixty (60) days of the
13 passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a regu1ar meeting thereof, held on the 1st
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day of Ju1y
, 1991, by the following vote, to wit:
COUNCIL MEMBERS
ESTRADA
AYES NAYS
x
x
x
x
x
x
x
ABSTAIN
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
25
MILLER
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27
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE
1 PROMOTION OF ARTS AND CULTURE (SALARY FOR AN ASSISTANT).
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The foregoing resolution is hereby approved this
day of
3rd
Julv
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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Res. 91-307
1
2 THIS AGREEMENT, made and entered into this 24th day
3 of July , 1991, by and between the CITY OF SAN BERNARDINO,
4 a municipal corporation, referred to as "City", and the Sturges
5 Foundation a non-profit organization, referred to as
6 "Organization".
7 The parties agree as follows:
8 1. Salarv.
9 A. Organization has requested financial assistance
10 from city for the fiscal year 1991-92, in order to pay the
11 salary for an assistant to Sturges center Fine Arts Coordinator
12 to assist with shows, festivals or events or activities
13 sponsored by Organization as set forth in Organization's grant
14 proposal (hereinafter "the proposal") approved by the Fine Arts
15 commission of the City, a copy of which proposal is on file in
16 the Office of Cultural Affairs. The terms of the proposal are
17 incorporated herein by reference and shall govern the uses of
18 the funds provided herein. The financial assistance provided
19 for this Agreement is not to be considered as a continuing
20 obligation of the City beyond the terms of this Agreement.
21 B. The expenditure is for a valid municipal public
22 purpose, to wit: for the promotion of special projects in art
23 appreciation in San Bernardino, as more fully set forth in the
24 proposal submitted by Organization.
25 2. Pavment. Upon presentation of a claim to the city
26 Finance Director, City shall pay to Organization from the budget
27 for the 1991-92 fiscal year, the total sum of twenty-two
28 thousand fifty dollars ($22,050), to cover the costs of funding
an assistant to Sturges Fine Arts Coordinator at the Sturges
AGREEMENT
Fine Arts Fundinq
Theater.
1 3. Use of Funds. The funds paid to Organization shall
2 be used solely for the purposes set forth in Paragraph 1 and in
3 strict compliance with the provisions set forth in the proposal.
4 No deviation from the proposal shall be made without the express
5 approval of the City of San Bernardino. Said funds shall be
6 expended by June 3D, 1992, and any unexpended funds shall be
7 returned to City by Organization.
8 4. Accountinq. At such time or times as may be
9 requested by the City Administrator or Director of Finance of
10 city, Organization shall submit to the city Administrator, with
11 a copy to the Director of Finance and the San Bernardino Fine
12 Arts Commission, an accounting of the proposed and actual
13 expenditures of all revenues accruing to the Organization for
14 the fiscal year ending June 3D, 1992. Financial records shall
15 be maintained in accordance with generally accepted accounting
16 principles by Organization in such a manner as to permit City to
17 easily trace the expenditures of the funds. All books and
18 records of Organization are to be kept open for inspection at
19 any time during the business day by the City or its officers or
20 agents.
21 5. Hold Harmless. Organization covenants and agrees
22 to defend, indemnify, and hold harmless the City and its
23 employees and agents from all liabilities and charges, expenses
24 (including counsel fees), suits or losses however occurring, or
25 damages arising or growing out of the use or receipt of the
26 funds paid hereunder and all operations under this Agreement.
27 Payments are made with the understanding that the City is not
28 involved in the performance of services or other activities of
Organization. Organization and its employees and agents are
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independent contractors and are not employees or agents of the
1 city in performing said services.
2 6. Termination. City shall have the right to
3 terminate this Agreement and any funding remaining unpaid
4 hereunder for any reason by mailing a ten-day written notice to
5 organization and this Agreement shall terminate ten days after
6 the mailing of such notice. In the event this Agreement is
7 terminated for reasons of improper use of funds or use of funds
8 for any purpose other than those authorized, any unexpended
9 portion of the funds provided by city shall be returned to city.
10 In addition, Organization shall reimburse to City any funds
11 expended which were used for any purposes other than those
12 authorized under this Agreement.
13 7. Assiqnment. Organization shall not assign its
14 interest in this Agreement without the prior written approval of
15 City.
16 8. Insurance. Organization shall take out and
17 maintain during the life of this Agreement such public liability
18 and property damage insurance as shall insure City, its elective
19 and appointive boards, commissions, officers, agents and
20 employees, permittee and its agents performing acts covered by
21 this Agreement from claims for damages for personal injury,
22 including death, as well as from claims for property damage
23 which may arise from Organization's or its agents' operations
24 hereunder, whether such operations be by Organization or its
25 agents by anyone directly or indirectly employed by either
26 Organization or its agents, and the amounts of such insurance
27 shall be as follows:
28 (al Public Liability Insurance. In an amount not less
than $100,000 for injuries, including, but not limited to,
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death, to anyone person, and subject to the same limit for each
1 person, in an amount not less than $100,000 on account of any
2 one occurrence;
3 (b) Property Damage Insurance. In an amount of not
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less 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
9 any employee of Organization. Organization shall require that
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all rights of
of workers
subrogation under such policy
11 compensation insurance shall be waived as to city.
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City shall be set forth as an additional named insured
13 in each policy of insurance provided hereunder.
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9. Organization hereby covenants that it has taken all
15 actions necessary to make the adherence to the obligations
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imposed by
the
this Agreement a binding
obligation of
17 Organization.
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10. Notices.
All notices herein required shall be in
19 writing and delivered in person or sent by certified mail,
20 postage prepaid, addressed as follows:
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As to city:
As to Organization:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Sturges Foundation
Attn: Norm Baffrey
300 North "0" Street
San Bernardino, CA 92418
11. Entire Aqreement.
This Agreement and any documents
or instruments attached hereto
or referred to herein integrate
all terms and conditions mentioned herein or incidental hereto,
and supersede all negotiations and prior writing in respect to
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,
AGREEMENT WITH THE STURGES FOUNDATION FOR THE PROMOTION OF ARTS
AND CULTURE (SALARY FOR AN ASSISTANT).
1
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3 the subject matter hereof. In the event of conflict between the
4 terms, conditions or provisions of this Agreement, and any such
5 document or instrument, the terms and conditions of this
6 Agreement shall prevail.
7 12. Non-Discrimination. Organization agrees that for
8 the term of this Agreement it shall not discriminate in
9 employment,
recruitment,
hiring,
admission
practices,
10 advertising or in any other manner on the basis of race, color,
11 creed, religion, national origin, sex, physical handicap or
12 marital status.
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17 ATTEST:
CITY OF
,:;:7'
W. R.
1991
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J"cLd__ \'1.."')<, ,(' {--
'city Clerk J
ORGANIZATION
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Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By:
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