HomeMy WebLinkAbout1990-477
1
2
3
RESOLUTION NO. 90-477
RESOLUTION OF THE CITY
EXECUTION OF AN AGREEMENT
THE PROMOTION OF ARTS AND
OF SAN BERNARDINO AUTHORIZING THE
WITH THE STURGES THEATRE GROUP FOR
CULTURE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
6
section 1.
The Mayor of the City of San Bernardino
7 is hereby authorized and directed to execute on behalf of
8 said city an Agreement with The Sturges Theatre Group a copy
9
of which is
attached hereto, marked Exhibit "A"
and
10 incorporated herein by reference as fully as though set forth
11 at length.
12
Section 2. The authorization to execute the above
13 referenced agreement is rescinded if the parties to the
14 agreement fail to execute it within sixty (60) days of the
15 passage of this resolution.
16
I HEREBY CERTIFY that the foregoing resolution was
17 duly adopted by the Mayor and Common Council of the City of
18
19
San Bernardino
meeting thereof, held on
adjourned
regular
December
at an
the 10th
day of
1990, by the following
20 vote, to wit:
21
22
23
24
25
26
27
28
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor. Miller
NAYS:
Nnnp
ABSENT:
('nnnr'il Mpmnpr Popp Ludlam
~~
City Clerk
1
2
3
4
5
6
7
8
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FRIENDS OF THE SAN BERNARDINO
PUBLIC LIBRARY FOR THE PROMOTION OF ARTS AND CULTURE.
/'
The foregoing resolution is hereby approved this 3 day
of [)pr-pmhpr , 1990. -:,':', )~ ~ ~
- ,:- < ( //
W. R. "Bob" lco , Mayor
city of San Berna~dino
Approved as to
form and legal content:
JAMES F. PENMAN
9 City Attorney
10 by:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"
~
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City",
and sturges Theatre Group 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 1990-91, 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 theatre art in 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 1990-91 fiscal year, the total sum of two
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
thousand five hundred dollars, to cover the costs per the Fine
Arts grant application agreement.
3. Use of Funds. The funds paid to Organization shall
be used soley 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, 1991, 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, 1991. 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 agree 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 occuring, or
damages arising or growing out of the use or receipt of the
funds paid hereunder and all operations under this agreement.
~ ~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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. 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 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, 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's or its agents' operations
hereunder, whether such operations be by Organization or its
. .
.,0 ..
1 agents or by anyone directly or indirectly employed by either
2 Organization or its agents, and the amounts of such insurance
3 shall be as follows:
4
(a)
Public Liability Insurance.
In an amount not
5 less than $100,000 for injuries, including, but not limited to,
6 death, to anyone person and, subject to the same limit for
7 each person, in an amount not less than $100,000 on account of
8 anyone occurrence;
9
(b) Property Damage Insurance. In an amount of not
10 less than $50,000 for damage to the property of each person on
11 account of anyone occurrence.
12
(c)
Workers
Compensation.
Organization shall
13 provide workers compensation insurance in the amount required
14 by state law if the funds provided hereunder are to be paid as
15
16
17
18
19
20
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.
Organization hereby convenants that it has taken all
21 actions necessary to make the adherence to the obligations
22
23
24
25
26
27
28
imposed
the
by this agreement a binding obligation of
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:
City Administrator
city of San Bernardino
As to Organization:
Sturges Theatre Group
780 North "E" Street
. ..
, .-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
300 North "D" street
San Bernardino, CA 92418
San Bernardino, Ca 92401
Attn: Lionel Levy
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.
DATED: l).H"lJmL" at" V\qo
,
,)
/
ATTEST:
CITY OF SAN BERNARD ~/
~.-/'~ ,4 7
';" "' // /~, "L- /~
o ' "1(:
J\ ,tLIu)(__.- /V:L<J--/"~d'---------
Cit-y Clerk
or~ization
L.__ ~1 i
7
~ $--r<
/-v,h-./ ~ ()
Approved as to form and legal content: