HomeMy WebLinkAbout1979-089
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RESOLUTION NO. 71- t"r
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WILMA COCHRANE RELATING TO SERVICES
FOR THE PRODUCTION OF "THE AMEN CORNER".
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 Wilma Cochrane relating to services for the
production of "The Amen Corner", 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
Bernardino at a~d?~~~A'~ ~)f/~ meeting thereof, held
on the 0?/4 day of ~/'1- ' 1979, by the following
vote, to wit:
AYES:
Councilmen ~A*"i"",L -! Pd '/'4~, .~.
~..t... ~L_u)
,
Z,d.'~~fi<-rL)" 7/i-/-L j
NAYS:
ABSENT:
of
The foregoing
.::p~JJ~~/
~/A4.1 ..u~
" Ci ty Clerk
resolution is hereby approved this ~I,c#t. da
1979.
Approvedfs to form:
,"/ )/'/--
, .c"'~"_ '
,/WTfh:/[4(t~
Ci ty At1!orney
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AGREEMENT
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(Services for the Production of "The Amen Corner")
THIS AGREEMENT is made and entered into this)~ 7L' day of
"Z::")UdL~/_ , 1979, by and between the CITY OF SAN BERNARDINO,
a municipal'corporation, hereinafter called "City", and WILMA
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COCHRANE, an individual, hereinafter called "Contractor".
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WIT N E SSE T H:
8 WHEREAS, City, through its Park and Recreation Department,
9 is sponsoring a production of James Baldwin's "The Amen Corner",
10 and
11 WHEREAS, the production will be presented February 26
12 and 28, 1979, at San Bernardino Valley College Auditorium, at the
13 admission price of $2~00 for adults and $1.00 for children, and
14 WHEREAS, the production will be under the direction of
15 Contractor, and under the general supervision of City's Recreatio
16 Supervisor Norman W. Baffrey; and
17 WH~REAS, the services of Contractor are needed to provide
18 directing services for a drama, and
19 WHEREAS, Contractor has expertise in directing as needed
20 by City,
21 NOW, THEREFORE, in consideration of the agreements,
22 covenants, conditions, promises and legal detriments herein con-
23 tained, the parties hereto agree as follows:
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1. Contracting of Services. City desires to hire, and
25 Contractor desires to direct the production of "The Amen Corner".
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2. Duties of Contractor.
(a) Contractor will direct
27 the performance of "The Amen Corner";
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EXHIBIT "A"
1 (b) Contractor will attend as many rehearsals as are
2 necessary, and all performances of "The Amen Corner" from
3 January 1, 1979, through February 28, 1979.
4 3. Payment. A final accounting will be made by City
5 within thirty days after the final performance of "The Amen
6 Corner". If, after computing all production costs, including but
7 not limited to, royalties, scripts, lights, sound, costumes,
8 makeup and sets, there exists any additional funds constituting
9 profit for City from the proceeds of this production, said profit
10 funds, not to exceed a maximum of Three Hundred Dollars ($300.00),'
11 will be paid to Contractor.
12 4. Term. The term of this agreement shall commence
13 January 1, 1979, and terminate February 28, 1979.
14 5. Hold Harmless. Contractor hereby agrees to, and shall,
15 hold City, its elective and appointive boards, commissions,
16 officers, agents and employees harmless from any liability for
17 damage or claims for damage for personal injury, including death,
18 as well as from claims for property damage and all other claims
19 which may arise from Contractor's services, whether such
20 services be by Contractor or by anyone or more persons
21 directly or indirectly employed by or acting as agent for Con-
22 tractor. Contractor agrees to and shall defend City and its
23 elective and appointive boards, commissions, officers, agents
24 and employees from any suits or actions at law or in equity for
25 damages caused, or alleged to have been caused, by reason of any
26 of the aforesaid services.
27 6. Termination. Should Contractor fail to comply with
28 any term, condition or provision of this agreement or work under
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I the supervision of Recreation Supervisor Norman W. Baffrey, the
2 City may terminate this agreement by giving written notice to
3 Contractor, and thereupon this agreement shall terminate forthwith
4 Upon such termination, City shall be under no further obligation
5 to Contractor hereunder irrespective of the existence of any
6 profits from the production. Contractor agrees that under such
7 circumstance of termination, services performed were voluntary
8 and gratuitous as a public service.
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7. Notices. All notices herein required shall be in
10 writing and delivered in person or sent by first class mail,
11 postage prepaid, addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Mrs. Wilma Cochrane
3046 Arizona Street
San Bernardino, CA 92405
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8. Entire Agreement. This agreement represents the
15 entire agreement between the parties hereto, and said agreement
16 can only be amended by a written agreement executed by both
17 parties. Failure on the part of either party to enforce any
18 provision of this agreement shall not be construed as a waiver
19 of the right to compel enforcement of such provision or pro-
20 visions nor act to release any surety from its obligations under
21 this agreement.
22 IN WITNESS WHEREOF the parties hereto have executed this
23 agreement on the date first hereinabove written.
24 CITY OF
ATTEST:
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as to form:
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WILMA
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