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HomeMy WebLinkAbout11335 "'" 10 11 12 13 14 15 16 1 RESOLUTION NO. //J.3/)~ 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN 3 SAID CITY AND THE PACESETTERS CONCERNING THE ALLOCATION OF FUNDS TO BEAR A PORTION OF THE TRAVEL EXPENSES REQUIRED TO ENABLE SAID 4 MARCHING UNIT TO PARTICIPATE IN VARIOUS EVENTS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement between said City and the Pacesetters concerning allocating funds to bear a portion of the travel expenses re- quired to enable said marching unit to participate in various events, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Ber- nardino at a ~ ^' ' c" ~ ,_ C._'C~/A'/:.t~lA,/ ~{ of ;-:;' ';'.J /1<';~ meeting thereof, held on the 17 / ,,'/7"/ day , 1973 by the following vote to 18 wit: 19 20 AYES: /. . ' ~./ Councilmen~~>-u.,ll/j X/';J./LI..;/ /..yd2!7;d/ ~ZmA->,_1.< ~:~#7~~.tie/Y/ .~~..Ln/ 72.~,.<L : 21 NOES: 22 '--7 / :!~'1'L"--- ABSENT: 23 24 25 " /' . ." .~ //'~' . 7p://It/ " id/ -. City' k 26 ... . 27 28 , . 1 2 3 .4 5 6 7 8, 9 I 10 , I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . resolution is hereby approved this, /'r7;;1 The foregoing d~y of'" '7;J1f'i".,{/ , 1973. //- / .~ ~7 ---.'/':/ ~'.-7/- /1 """;/;//%; '",c:".-. . / Mayor of the City of San Bernardino I - Approved as to form: /::>~. "l':j/ " C.t ~Y/''7/:.~.u,.,/ / t C i t1]:~ forn_e,y _ . . ~,. FILED Pf\n C) - '97 I~:r.n 1-1 f...1! 3 LUCIW-E GOFORTH, City CierI( . // ,,/7 / ~~d.'I,ut.;(,":,.r.'~uTY -;" ,'" 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, . Ii . A G R E E MEN T --------- T'HIS,AGBEEMENT, covering operations during the fiscal year 1972-73~ is made and entered into at San Bernardino, California, t.hi s ,.5' day of' '~)C,....~ ' 1973, by and between the nty e'f,Sa.n aetnardino, a municipal corporation, hereinafter refer,red ,to as "CHY:', and the Pacesetters, a private organiza- 7 tion, hereinafter referred to as "Contractor". 8 .Ii Ill:! Iii I I !i: 1. General. The Mayor and Common Council of the City of " San Bernardino have foun'd' and determined that it will be of bene- fit and advantage to the City, and its inhabitants, to retain Contractor for the general purpose of publicizing and promoting the City of San Bernardino. 2. ProQrams. The Contractor agrees that during the period of this Agreement to publicize and promote the City of San Ber- nardino by performing at local and out-of-town parades and civic events. 3. Pavments. City shall pay Contractor for transportation expenses and services provided under the provisions of this Agreement the sum of one thousand one hundred sixty dollars ($1,160.00), payable as the needs of the program require. Said sum is intended to assist in defraying a portiDn of the expense related to said program, including but not limited to travel and out~of-pocket expenses connected with the transportation of the group to participate in various events during the course of the year. 4. Term. This Agreement shall be effective upon the date of its execution and shall terminate on June 30th of the fiscal ^ 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 . . year covered ty this Agreement, provided that either party may terminate this Agreement at any time by giving the other party written notice of such t~rmination. In the event Contractor terminates th~s Agre~ment, City shall not be obligated to make any.~a~ment of monies after ~h~ effective date of termination and Contractor ishall reimburse City for any unused monies paid by City. /l.c.' 5. '" RehitionShip of Parties. It is understood that the contra(:tuill r..elationsh-ip ,of the, Contractor to the City is that , . of independent contractor. ~. Hold-Harmless Clause. Contractor hereby agrees to, and , ' shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, inCluding death, as well as from ~laims for property damage which may arise from Contractor's operations under this Agreement, whether such opera- tions be by Contractor or by anyone or more persons directly or indirectly employed by, or acting as agent for Contractor. Contractor agrees to, and shall, defend City and its elective . . 7. Contractor shall file an annu~l budget, for the subject fiscal year, in the form and manner'pre~cribed by the City Adminis~ trator, detailing all estimated exp~nditures and all revenues ex- pected to be received, from tYl .sources including the City, during the period of this AgreemAnt., 8. Contractor shall' file a complete report and"accounting of all expenditures and all revenues received frQJll;; all sources Said re- - ., ~, port shall be filed with the C,ity A'~l11inistrator,.p~ior to June 15H , . ' .< ~ including the City, during the term:.of this- A.9.r'eement. ... .:, 6f said fiscal year. 9. Amendment. This Agreement may be amended or modified only be written agreements signed by both parties and failure on the part of either party to enforce any provision of this Agree- " ment shall not be construed as a waiver of ~he right,to compel enforcement of such provision or provisions. 10. Assignment. This Agreemerit shall not be assigned by Contractor without the written consent of the City. 11. Notices. All notices herein required shall be in writ~ ing, and delivered in person or sent by regtstere~ mail, pos~age prepaid, as follows~ City Administrator City Hall, 300 N. "D" St. San Bernardino, Calif. 92418 Tel: 383-5122 Pacesetters c/o Mr. "Bill" Hulsey or Miss Marie Genest 1290 North Musc~tt St. San Bernardino, Cal if. 92411 ... . - .,"'f . - <, . . [ 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 . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day end year first above written. ATTEST: CITY OF SAN BERNARDINO ,/; 4/ --, /'7 '-;/t BY>~";:':?'%,~ . , ( M,ayor I r' , !~'(}'~i' :fc ltr~tfzt~ i /, i i I ...;"-"" '.' PACESETTERS " . "By",;~~.~~{~.I{~ i' By Approved as to form: )/ ' ~'_/ . /// ,;)" ,/-ctl(~)/~?,,,,/[,t'u.-t_ ' l1;y ttorney . '. ... . March 26, 1973 Ms. Marie Genest Dean of Students Arrowview Junior High School 570 West Highland Avenue San Bernardino, California Dear Ms. Genest: Enclosed are seven copies of the agreement between the City of San Bernardino and the Pacesetters concerning the allocation of funds to bear a portion of the travel expenses required to enable said marching unit to participate in various events. Please execute all copies of the agreement and return them to the City Clerk's Office, 300 North "D" Street, San Bernardino, California, 92418. ,. Very truly yours, ~ '. LUCILLE GOFORTH City Clerk ..' ,;" LG:sc Enc. 7 ~,;.