HomeMy WebLinkAbout1988-146
1
RESOLUTION NO.
88-146
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with the American Association of Retired Persons
9 #2083 ("Prime Time Choraliers"), relating to music appreciation
10 within AARP groups in San Bernardino, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference
12 as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
reaular
meeting thereof, held on
16 the
day of
16th
Mav
, 1988, by the
17 following vote, to wit:
18 AYES: Council Members Estrada Rei Ilv Flores Maudslev
19
20
21
22
23
24
25
26
27
28
Minor Pnpe-Llldlam Mi~lAr
NAYS:
None
ABSENT:
None
A2?~7.;2hJ;/0'
/ City Clerk
1
Resolution of the City of San Bernardino Authorizing the
1 Execution of An Agreement with the American Association of
2 Retired Persons #2083 etc.
3
The foregoing resolution is hereby approved this
jhL
day
4 of
5
6
7
Mav
, 1988.
" ",' } / / ,!( ,,/,-v'/
I ,\ ,_.,- _~.~.~~.,<._ , ,. "'-_ .1...- "
Mayor' of -the City of San Bernardino
Approved as to form
8 and legal content:
9
10
11
1
13
/,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1 AGREEMENT
2 (F ine Arts Funding)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 AMERICAN ASSOCIATION OF RETIRED PERSONS #2083 ("PRIME TIME
6 CHORALIERS"), a non-profit organization, referred to as
7 "Organization".
8 The parties agree as follows:
9 1. Recitals.
10 A. Organization has requested financial assistance
11 from City for the fiscal year 1987-1988, in order to assist in
12 defraying the expense of certain concerts, shows, festivals or
13 events or activities sponsored by Organization as set forth in
14 Organization's grant proposal (hereinafter "the proposal")
15 approved by the Fine Arts Commission of the City, a copy of which
16 proposal is on file in the Office of Cultural Affairs. The terms
17 of the proposal are incorporated herein by reference and shall
18 govern the uses of the funds provided herein. The financial
19 assistance provided for in this agreement is made on a one-time
20 only basis, and receipt of said funds shall not imply a
21 continuing obligation of the City beyond the terms of this
22 Agreement.
23 B. The expenditure is for a valid municipal public
24 purpose, to wit: for the promotion of music appreciation within
25 AARP groups in San Bernardino, as more fully set forth in the
26 proposal submitted by Organization.
27
28
1
1 2. Payment. Upon presentation of a claim to the City
2 Finance Director, City shall pay to Organization from the budget
3 for the 1987-1988 fiscal year, the total sum of THREE THOUSAND
4 DOLLARS ($3,000.00) at such time or times and in such periodic
5 amounts as determined by the City Administrator and Finance
6 Director of the City, consistent with the grant proposal approved
7 by the Fine Arts Commission.
8 3. Use of Funds. The funds paid to Organization shall
9 be used solely for the purposes set forth in Paragraph 1 and in
10 strict compliance with the provisions set forth in the proposal.
11 No deviation from the proposal shall be made without the express
12 approval of the City of San Bernardino. Said funds shall be
13 expended by June 30, 1988, and any unexpended funds shall be
14 returned to City by Organization.
15 4. Accountinq. At such time or times as may be requested
16 by the City Administrator or Director of Finance of City,
17 Organization shall submit to the City Administrator, with a copy
18 to the Director of Finance and the San Bernardino Fine Arts
19 Commission, an accounting of the proposed and actual expenditures
20 of all revenues accruing to the Organization for the fiscal year
21 ending June 30, 1988. Financial records shall be maintained in
22 accordance with generally accepted accounting principles by
23 Organization in such a manner as to permit City to easily trace
24 the expenditures of the funds. All books and records of
25 Organization are to be kept open for inspection at any time
26 during the business day by the City or its officers or agents.
27
28
2
1 5. Hold Harmless. Organization covenants and agrees to
2 indemnify and save harmless the City and its employees and agents
3 from all liabilities and charges, expenses (including counsel
4 fees), suits or losses however occurring, or damages arising or
5 growing out of the use or receipt of the funds paid hereunder and
6 all operations under this agreement. Payments hereunder are made
7 with the understanding that the City is not involved in the
8 performance of services or other activities of Organization.
9 Organization and its employees and agents are independent
10 contractors and are not employees or agents of the City in
11 performing said services.
12 6. Termination. City shall have the right to terminate
13 this Agreement and any funding remaining unpaid hereunder for any
14 reason by mailing a ten-day written notice to Organization and
15 this agreement shall terminate ten days after the mailing of such
16 notice. In the event this Agreement is terminated for reasons of
17 improper use of funds or use of funds for any purpose other than
18 those authorized, any unexpended portion of the funds provided by
19 ity shall be returned to City. In addition, Organization shall
20 reimburse to City any funds expended which were used for any
21 other than those authorized under this Agreement.
22 7. Assignment. Organization shall not assign its interest
23 in this Agreement without the prior written approval of City.
24 8. Insurance. Organization shall take out and maintain
25 uring the life of this Agreement such public liability and
26 roperty damage insurance as shall insure City, its elective and
27 ppointive boards, commissions, officers, agents and employees,
28
3
1 Permittee and its agents performing acts covered by this
2 Agreement from claims for damages for personal injury, including
3 death, as well as from claims for property damage which may arise
4 from Organization's or its agents' operations hereunder, whether
5 such operations be by Organization or its agents or by anyone
6 directly or indirectly employed by either Organization or its
7 agents, and the amounts of such insurance shall be as follows:
8 (a) Public Liability Insurance. In an amount not
9 less than $100,000 for injuries, including, but not limited to,
10 death, to anyone person and, subject to the same limit for each
11 person, in an amount not less than $100,000 on account of anyone
12 occurrence:
13 (b) Property Damage Insurance. In an amount of not
14 less than $50,000 for damage to the property of each person on
15 account of anyone occurrence.
16 9. Entire Aqreement. This Agreement and any documents or
17 instruments attached hereto or referred to herein integrate all
18 terms and conditions mentioned herein or incidental hereto, and
19 supersede all negotiations and prior writing in respect to the
20 subject matter hereof. In the event of conflict between the
21 terms, conditions or provisions of this Agreement, and any such
22 document or instrument, the terms and conditions of this
23 Agreement shall previal.
24 10. Notices. All notices herein required shall be in
25 writing and delivered in person or sent by certified mail,
26 II II
27 II II
28 II II
4
1 postage prepaid, addressed as follows:
2
3
4
5
6
7
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
DATED: 'fh'1'f:3l If ?,f'
Ii
\,
8 ATTEST:
9
10
11
12
13
14
15
~ /I~~
7) ,'"f./
C. 'IoZl/(;4/J;",
City Clerk
16 Approved as to form
and legal content:
11 ~j2
e4<Yl;-., I' JlI:;-n.~
Attorney
17
18
19
20
21
22
23
24
25
26
27
28
American Association of
Retired Persons
c/o Mildred T. Marshall
3041 Sierra Way
San Bernardino, CA 92405
CITY OF SAN BERNARDINO
BY!:d.tt_.J 1/, 't:4
Evlyn ilcox, Mayor '
AMERICAN ASSOCIATION OF
RETIRED PERSONS #2083
By
/~.1' /. //
// i,/I' ( /
/1/,1; ,1/(( :?,/
(.J~t L..-~ --...:ti- ...__
, I
/<~ ~L / /../if;/
,. / '-:/ I {..-/ c.- /
Title:
5