HomeMy WebLinkAbout1979-245
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RESOLUTION NO.
'79-;} qS
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EARL WEAVER RELATING TO CHOREO-
GRAPHY SERVICES FOR THE PRODUCTION OF "PIPPIN".
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
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Ian Agreement with Earl Weaver relating to choreography services
for the production of "Pippin", 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 resol~ti6n was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
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, 1979, by the following
meeting thereof, held
on the / J day
vote, to wit:
AYES:
Councilmen 00012 ''cc.{,,-. )de LlI trnAc,-
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ABSENT:
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The foregoing resolution is hereby
, 1979.
n Bernar ~no
pproved as to form:
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A G R E E MEN T
(Production of the Husical "Pippin")
THIS AGREEMENT is made and entered into this
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day of
9-rr~ ,1979, by and between the CITY OF SAN BERNA.RDINO,
a municipal corporation, hereinafter referred to as "City", and
EARL WEAVER, an individual, hereinafter referred to as "Con-
tractor" .
WIT N E SSE T H:
WHEREAS, City, through its Parks and Recreation Department,
is sponsoring a production of the musical "Pippin" by Stephen
Schwartz; and
WHEREAS, the production will be presented May 31, June 1,
2, 7, 8 and 9, 1979, at perris Hill Bowl, at the admission price
of $3.50 for adults and $2.50 for students and senior citizens;
and
WHEREAS, the production will be under the direction of
Randy West and under the general supervision of City's Recreation
Supervisor Norman W. Baffrey; and
WHEREAS, the services of Contractor are needed to provide
choreography for the production; and
WHEREAS, Contractor has expertise in choreography as
needed by City,
NOW, THEREFORE, in consideration of the agreements,
covenants, conditions, promises and legal detriments herein con-
tained, the parties hereto agree as follows:
1. Contracting of Services. City desires to hire, and
Contractor desires to perform services relating to choreography
for the production of "Pippin".
Exhibit "A"
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2. Duties of Contractor.
(a) Contractor will choreograph
all dance numbers for the production of "Pippin".
(b) Contractor will attend as nany rehearsals as are
deemed!
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necessary by the Director and City's Recreation Supervisor
rehearse dancers for "Pippin" from March 1, 1979, to opening
night performance on May 31, 1979.
3. Payment. A final accounting will be made by City
within thirty days after the final performance of "Pippin". If,
after computing all production costs, including but not limited
to, royalties, scripts, scores, properties, printing, publicity,
lights, sound, costumes, makeup and sets, there exists any
additional funds constituting profit for City from the proceeds
of this production, said profit funds, not to exceed a maximum
of Five Hundred Dollars ($500.00), will be paid to Contractor.
4. Term. The term of this agreement shall commence
, March 1, 1979, and terminate June 9, 1979.
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5. Hold Harmless. Contractor hereby agrees to, and
hold City, its elective and appointive boards, cOD1ffiissions,
officers, agents and employees harmless from any liability for
damage or claims for damage for personal injury, including death,
as well as from claims for property damage and all other claims
which may arise from Contractor's services, whether such services
be by Contractor or by anyone or more persons directly or in-
24 directly employed by or acting as agent for Contractor. Con-
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tractor agrees to and shall defend City and its elective and
appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for damages
caused, or alleged to have been caused, by reason of any of the
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aforesaid services.
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6. Relationship of Parties. Contractor is acting as an
3 independent contractor, and not as an employee of City. In the
4 performance of personal services pursuant to the provisions of
5 this agreement, Contractor shall not be supervised, directed, or
6 under the control or authority of any City officer or employee,
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7 except and to the extent as may be expressly or implicitly re-
8 quired by the terms and provisions of this agreement. Any
9 direction or control so required under this agreement shall be
10 limited to broad objectives or goals of the project or program
II to be accomplished and not to the details and procedures to
12 accomplish such objectives or goals. Contractor shall not be
13 obligated to conform to the supervision or direction of City
14 officers or employees which are not authorized herein. Changes
15 or modifications of said objectives and goals may be made by
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written recommendations of either party subject to the
concurrence
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of the other party in writing.
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7. Termination. Should Contractor fail to comply with
19 any term, condition or provision of this agreement or work under
20 the supervision of Recreation Supervisor Norman W. Baffrey, the
2] City may terminate this agreement by giving written notice to
22 Contractor, and thereupon this agreement shall terminate forth-
23 with. Upon such termination, City shall be under no further
24 obligation to Contractor hereunder, irrespective of the existence
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of any profits from the production. Contractor agrees that
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under such circumstance of termination, services performed were
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voluntary and gratuitous as a public service.
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8. Notices. All notices herein required shall be in
writing and delivered in person or sent by first class mail,
postage prepaid, addressed as follows:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Hr. Earl Weaver
Hiriam Hall, University of
Redlands
1200 E. Colton Avenue
Redlands, CA 92373
9. Entire Agreement. This agreement represents the
. entire agreement between the parties hereto, and said agreement
can only be amended by a written agreement executed by both
parties. Failure on the part of either party to enforce any
provision of this agreement shall not be construed as a waiver of
the right to compel enforcement of such provision or provisions
nor act to release any surety from its obligations under this
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first hereinabove written.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
EARL WEAVER
Approved as to form:
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City Attorney
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