HomeMy WebLinkAbout1991-457
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RESOLUTION NO. 91-457
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
3 INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND
CULTURE.
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NOW, THEREFORE, 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 Inland Empire Symphony Association a copy of
9 which is attached hereto, marked Exhibit "A" and incorporated
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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referenced agreement is rescinded if the parties to the agreement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.
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JFP/ses/Symphony.res 1
January 17, 1992
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
THE INLAND EMPIRE SYMPHONY ASSOCIATION...
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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 18th
day of
Novpmhp-r
, 199i, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
c~~r~
The foregoing resolution is hereby
November , 1991.
this 20th
day
of
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
/)
By: Uat~, ?
o
,)
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j l-:/'7--i/h'''r:;-.-~
.
JFP/ses/Symphony.res
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January 17, 1992
Res. No. 91-457 (Revised, changed title of agreement from Nigerian Association
adopted .11/18/91(of So. Cal. to agreement with Inland Empire Symphony; per)
Council action of 1/13/92)
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AGREEMENT
THIS AGREEMENT is entered into between the CITY OF SAN
3 BERNARDINO, a municipal corporation, referred to as "City" and the
4 INLAND EMPIRE SYMPHONY ASSOCIATION, a non-profit organization,
5 referred to as "Organization".
6 NOW THEREFORE, the parties hereto agree as follows:
7
8
1.
Recitals.
A.
Organization has requested financial assistance
9 from City for the fiscal year 1991-92, in order to assist in
10 defraying the expense of certain concerts, shows, festivals or
11 events or activities sponsored by Organization as set forth in
12 Organization's grant proposal (hereinafter "the proposal" )
13 approved by the Fine Arts Commission of the City, a copy of which
14 proposal is on file in the Office of Cultural Affairs. The terms
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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.
Payment.
Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the budget
for the 1991-92 fiscal year, the total sum of five thousand
dollars, to cover the costs per the Fine Arts grant application
agreement.
JFP/ses/Symphony.agr
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January 17, 1992
1 3. Use of Funds. The funds paid to Organization shall be
2 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 30, 1992, and any unexpended funds shall be
7 returned to City by Organization.
8 4. Accounting. At such time or times as may be requested
9 by the City Administrator or Director of Finance of City,
10 Organization shall submit to the City Administrator, with a copy
11 to the Director of Finance and the San Bernardino Fine Arts
12 Commission, an accounting of the proposed and actual expenditures
13 of all revenues accruing to the Organization for the fiscal year
14 ending June 30, 1992. Financial records shall be maintained in
15 accordance with generally accepting accounting principles by
16 Organization in such a manner as to permit City to easily trace
17 the expendi tures of the funds. All books and records of
18 Organization are to be kept open for inspection at any time during
19 the business day by the City or its officers or agents.
20 5. Hold Harmless. Organization covenants and agrees to
21 defend, indemnify, and hold harmless the City and its employees
22 and agents from all liabilities and charges, expenses (including
23 counsel fees) , suits or losses however occurring, or damages
24 arising or growing out of the use or receipt of the funds paid
25 hereunder and all operations under this agreement. Payments
26 hereunder are made with the understanding that the City is not
27 involved in the performance of services or other activities of
28 Organization. Organization and its employees and agents are
JFP/ses/Symphony.agr 2 January 17, 1992
1 independent contractors and are not employees or agents of the
2 City in performing said services.
3 6. Termination. City shall have the right to terminate
4 this Agreement and any funding remaining unpaid hereunder for any
5 reason by mailing a ten-day written notice to Organization and
6 this agreement shall terminate ten days after the mailing of such
7 notice. In the event this Agreement is terminated for reasons of
8 improper use of funds or use of funds for any purpose other than
9 those authorized, any unexpended portion of the funds provided by
10 City shall be returned to City. In addition, Organization shall
11 reimburse to City any funds expended which were used for any
12 purposes other than those authorized under this Agreement.
13 7. Assignment. Organization shall not assign its interest
14 in this Agreement without the prior written approval of City.
15 8. Insurance. Organization shall take out and maintain
16 during the life of this Agreement such public liability and
17 property damage insurance as shall insure City, its elective and
18 appointive boards, commissions, officers, agents and employees,
19 Organization and its agents while performing acts covered by this
20 Agreement from claims for damages for personal injury, including
21 death, as well as from claims for property damage which may arise
22 from Organization's or its agents' operations hereunder, whether
23 such operations be by Organization or its agents or by anyone
24 directly or indirectly employed by either Organization or its
25 agents, and the amounts of such insurance shall be as follows:
26 (a) Public Liability Insurance. In an amount not less
27 than $100,000 for injuries, including, but not limited to, death,
28 to anyone person, and subject to the same limit for each person,
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1 in an amount not less than $100,000 on account of anyone
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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 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.
Obligation. Organization hereby covenants that it has
15 taken all actions necessary to make the adherence to the
obligations imposed by this Agreement a binding obligation of the
Organization.
10. 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 Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92401
Inland Empire Symphony Assoc.
Attn: Ms. Susan Feller
362 W. Court Street
San Bernardino, CA 92401
11. Entire Agreement. 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 the
JFP/ses/Symphony.agr
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January 17, 1992
1
subj ect matter hereof.
In the event of conflict between the
2 terms, conditions or provisions of this Agreement, and any such
3 document or instrument, the terms and conditions of this Agreement
4 shall prevail.
5 12. Non-Discrimination. Organization agrees that for the
6 term of this Agreement it shall not discriminate in employment,
7 recruitment, hiring, admission practices, advertising or in any
8 other manner on the basis of race, color, creed, religion,
9 national origin, sex, physical handicap, or marital status.
10 Dated: 1/17/92
11 IN WITNESS WHEREOF, the parties hereto have executed this
12 Agreement on the day and date first above shown.
13 City of San Bernardino
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->,"" ~
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ATTEST:
BY:~~~
Cit Clerk
ORGANIZATION
~'_, ~'\F\
(" . 'I I ,,'
J n . ' "1
BY: ,p[)!rTl C / '/L
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~.u-. 7
J~ses/SymPhOny.agr
l
n>]./ ,._____
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January 17, 1992
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RESOLUTION NO. 91-457
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH NIGERIAN ASSOCIATION OF
SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 city an Agreement with Nigerian Association of Southern
9 California a copy of which is attached hereto, marked Exhibit
10 "A" and incorporated herein by reference as fully as though
11 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
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
rpqnl~r
meeting thereof, held on the
18th day of November
, 1991, by the following vote, to
wit:
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/
/
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/
/
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH NIGERIAN ASSOCIATION OF
SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENl'
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
---"--
POPE-LUDLAM
x
MILLER
---"--
a~t~
The
day of
foregoing resolution is hereby approved this
liInu&30mh""T I 1991.
~
W. R.
City of
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
revv
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
Nigerian Association of Southern California, 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 1991-92, 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'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. Payment. Upon presentation of a claim to the City
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Finance Director, City shall pay to Organization from the
budget for the 1991-92 fiscal year, the total sum of five
thousand dollars, to cover the costs per the Fine Arts grant
application agreement.
3. Use of Funds. The funds paid to Organization
shall be used solely for the purposes set forth in Paragraph
1 and in strict compliance with the provisions set forth in
the proposal. No deviation from the proposal shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1992, and any
unexpended funds shall be returned to City by Organization.
4. Accountinq. At such time or times as may be
requested by the City Administrator or Director of Finance of
City, Organization shall submit to the City Administrator,
with a copy to the Director of Finance and the San Bernardino
Fine Arts Commission, an accounting of the proposed and actual
expenditures of all revenues accruing to the Organization for
the fiscal year ending June 30, 1992. Financial records shall
be maintained in accordance with generally accepting
accounting principles by Organization in such a 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.
5. Hold Harmless. Organization covenants and agrees
to defend, indemnify, and hold harmless the City and its
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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. 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
of this Agreement such public
maintain
life
during
the
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liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
agents and employees, permittee 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 I s or its agents I
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 $100,000 for injuries, including, but not
limited to, death, to anyone person, and subject to the same
limit for each 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 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.
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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 the organization.
10. 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 Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
Nigerian Association
Attn: Joshua Olagunju
362 W. Court Street
San Bernardino, CA 92401
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 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.
12. Non-Discrimination.
Organization agrees that
for the term of this Agreement it shall not discriminate in
employment,
recruitment,
practices,
hiring,
admission
advertising or in any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
5
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND NIGERIAN
2 ASSOCIATION OF SOUTHERN CALIFORNIA.
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ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
}!
v~ ? !:e'--></u~,
CITY OF SAN BERNARDINO
w. R. "Bob" Holcomb, Mayor
ORGANIZATION
6
A. Expenses
B. Revenues. Grants. Contributions. etc.
Actual Most Recent
Fi sca 1 Peri od
S
S
Estimated This\
Fi scal Period'
S 30 900
S 31 ,ODD,
. .-.....f-
Form
~ I '~~,
,Jf ~an ,:::-=,r,:a.'-'_~: -'C
- ire
. -
-..(:3 ':"'C~1:;:;'~~
',.Jr'-=-jr.iza:~cr:,~ra.nt ,1,::~ i':3.,-~on
=or ?erfor~ing .'r:5
.,
Aoolicant Organization (~jame, Address,
etc, )
Nigerian Association of Southern California
300 North "0" street
San Bernardino, CA 92401
International Council Floor
: i. ~. Contac: ?erson Joshua
Title Chairman
':::. ~rogram Categorj Under ~hicn
is ~ecuested: Dance/Folk Art
IV. Period or Sucport Requested
Phone 381-5388
CA State ~on-Prorit I~ = 95
Number or Years in Existence
39308hR
R
Oct. 1, 199thru November 13. 1991
Starting Ending
jJ... N Summaer'I ni, rMP",or.'/eDecs.l~ljzcetnisonos.. San
U" ovemo, r f5 ~ en.C IT Bernardino will have an opportunity to
performance by the Africian Ballet of the Republic of Guinea as they visit the area as'.
part of their world-wide tour. Due to the inavailability of the California Theatre . .
Stur es Auditorium will be used result in in reduced ticket income and increased costs~:~
VI. Estimatea number or persons excected to benefit from this program/project:
a) Number of persons by paid attendance: 750
b) Numoer of persons by free or complimentary admission: 250
VII. Need Statement:
Even though the African American population represents a large segment of the San Ber
community, it is definitely underserved when it comes to the arts. This is an opport
to present a world-class performance which will appeal to the entire community and
, .
VIII. Intended Results:
1. Develop an audience which appreciates Africian-American culturalpresentations;
2. Bring a world-class ensemble to San Bernardino; 3. Establish a steering group
which will investigate and present additional activities of this nature.
IX. Summary of Estimated Costs:
A. Direct Costs
Salaries & ~aoes
Supplies & Materials
Travel
Fixed Assests/Rentals or Leases
Fees & Other
COSTS OF PROJECT
B. Indirect Costs
TOTAL DIRECT COS7S
TOTAL PROJECT COSTS
TOTAL
S
S
5
5
5
5
5
5 30,900
24.500
3.575
o
850
2.075
X. Organization Anticipated Funding/Expenses:
XI.
Total
NOTE:
Amount Requested From San
Amount Requested
Plus total revenues.
grants. contributions,etc.
Must equal total project
costs above.
Bernardino
S
S
City Fine Arts Commission:
a.JOG -$',>,cCD,D'D
22.500 '
S 3',; 000-
XI I.
CERTIFICATION:
Project Office
Phnne Number
Ii t 1 e Chairman
n.t~ 09/05/91
,1
j~ ~v
/....
Date:
Place:
Description:
Purpose:
Prices:
Committee:
Groups:
Budget:
Reception:
Fact Sheet - Les Ballets Afracians
November 13, 1991, 8:00 p.m.
Sturges Center for the Performing Arts,
Formed in 1951, the 35-member Les Ballets
Africains is a living demonstration of
Africa's prodigious cultural heritage.
It has toured the world thrilling
audiences and receiving critical acclaim.
To develop a more diverse audience and to
increase awareness and appreciation for
the cultural heritage of Africa.
$25, $20, $15
Joshua Olagunju, Chairman
Augustus Ajawara, Norm Baffrey, Dolores Carter-
Olson, Wilmer Carter, wilma Cochran, Jane Akosua
Eduge, Susan Feller, Pam Fischer, Jim King,
Ezekiel Olatunji, Ronald Southall
Thelma Press, Juanita Scott, Jewell Shelton
Audree Taylor, Brian Townsend, Alozie Udeh
Marietta Williams, Harvey Wilson
International Black Congress
The Swans and the Socialites(ushers)
Park and Recreation (concessions/reception)
Simply Art, Debra Cooper (art show)
Black Cultural Foundation
National Council of Negro Women
Nigerian Association of Southern California
Mayor's International Council
West Side Action Group
Expenses:
$30,900 (see attached budget)
Income:
Ticket sales
City
Individuals
Sponsor
Corporations
$14,000
8,500
2,000
5,000
1,000
To follow performance. Dignataries, audience
members who pay $25 and cast invited. Chaired
by Audree Taylor. County Government Center
\5S
..-
\)i\\!:-C TS
A'\ \<JCA\~,\S
November 13, 1991
Budget
1. Expenses
a. Les Ballets Africains group
b. Theatre Rental/tech requirements
c. Stage Hands
d. Insurance
e. Printing
f. Postage
g. Tickets
h. Box Office personnel
i. Hospitality/reception
j. Advertising
k. Administrative
TOTAL EXPENSES
$20,000.
1,850.
1,500.
750.
2,300.
350.
125.
25.
500.
1,500.
2,000.
$30.900.
!!. Income
a. Ticket Sales
b. City of San Bernardino
c. Corporate Sponsor
d. Misc. Contributors
TOTAL INCOME
$12,000.
8,500.
5,000.
5,500.
$31.000.
C I T Y 0 r
San Bernardino
RACHEL
K R A S N E Y
CITY CLERK
January 29, 1992
Ms. Susan Feller
Executive Director,
Inland Empire Symphony Association
362 West Court Street
San Bernardino, California 92401
Ref: Nigerian Association agreement
Dear Ms. Feller:
Enclosed for your file is a fully executed copy of the
resolution and agreement between the City of San Bernardino
and the Inland Empire Symphony Association, for the promotion
of arts and culture in the City of San Bernardino, pursuant
to the adoption of Resolution No. 91-457.
Resolution No. 91-457, previously adopted on November 18,
1991 was approved for the Inland Empire Symphony on January
13, 1992.
Sincerely,
c;z~~
Rachel Krasney
City Clerk
RK:pga
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POST OFFICE BOX 131., SAN S
CALIFORNIA 12402
6.L\-'^'\U\
'21-? \ """,t":,,,s:,
300 NOATH
CALIFORNIA
714/3'4-5102
D' S T A E E T SAN
92418-0001 7141:
FAX.714/314-54&'
City Attorney Penman stated that we had a matter that arose
after the agenda was posted the Council on November 18, 1991 in
allocating the arts and cultural monies allocated $5,000 towards
a total budget of $31,000 to the Nigerian Association of Southern
California to bring a dance troupe here. There was an error in
the agreement the agreement should be between the Inland Empire
Symphony association in the City to bring this dance troupe here
rather than the Nigerian Association. They have to sign the
Agreement by January 17, 1992. I recommend that the council
approve substituting Inland Empire Symphony association for the
Nigerian Association in Res. 91-457. City Attorney Penman read
the title "Resolution of the City of San Bernardino authorizing
the execution of an agreement with the Inland Empire Symphony for
the promotion of arts and culture"
Motion to waive and adopt
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimou1sy carried
all seven present and yes
1-(3-'72..
C I T Y 0 F-
San Bernardino
RACHEL
K R A S N E Y
CITY CLERK
November 22, 1991
Mr. Joshua Olagunju
Nigerian Association
362 W. Court Street
San Bernardino, California 92401
Dear Mr. Olagunju:
At the Council meeting of November 1B, 1991, the City of San
Bernardino authorized an Agreement with Nigerian Association of
Southern California, for the promotion of arts and culture,
pursuant to Resolution No. 91-457.
Enclosed are the original and two copies of said agreement.
Please sign all three documents and return to the City Clerk's
office, P.O. Box 131B, San Bernardino, California, 92402, as soon
as possible.
Please be advised that if you fail to execute said agreement
within sixty (60) days of the passage of this resolution (January
15, 1992), the agreeme
P 535 439 930
Sincerely,
&~~
City Clerk
RECEIPT FOR CERTIFIED MAIL
NO !NSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
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