HomeMy WebLinkAbout1979-325
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RESOLUTION NO. 79-.",5c2.;r-"
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EARL WEAVER RELATING TO CHOREOGRAPH
SERVICES FOR THE PRODUCTION OF "GODSPELL".
BE IT RESOLVED BY THE MAYOR AND COM}10N 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 Earl Weaver relating to choreography services
for the production of "Godspell", 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 . ~:J.P'MJ
on the ~ day of ~_.1
vote, to wit:
cou'ncilmen ;,f~~~~: Jl2.l,4 ~AfA'" ~
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meeting thereof, held
, 1979, by the following
AYES:
NAYS:
ABSENT:
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/' C~ ty C er
of
a;~.gOin:
resolution is
1979.
Approved as to form:
~~(~
e1ty A orney
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A G R E E MEN T
O\A(g~~t
a municipal
!
i
,
day of I
,1979, by and between the CITY OF SAN BERNARDINO,I
I
I
(Services for the Production of "Godspell")
THIS AGREEMENT is made and entered into this
~
corporation, hereinafter called "City", and EARL
WEAVER, an individual, hereinafter called "Contractor".
WIT N E SSE T H:
WHEREAS, City, through its Parks and Recreation Department,
is sponsoring a production of Stephen Schwartz's "Godspell"; and
WHEREAS, the production will be presented August 9, 10, 11,
16, 17 and 18, 1979, at the Druther's Theater, at the admission
price of $3.50 for adults and $2.50 for children; and
WHEREAS, the production will be choreographed by Contractor
and under the general supervision of the City's Recreation
Supervisor, Norman W. Baffrey; and
WHEREAS, the services of Contractor are needed to provide
choreographic services for a musical; and
WHEREAS, Contractor has expertise in choreographing 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 a
choreographer for, and Contractor desires to choreograph the
production of "Godspell".
2. Duties of Contractor.
(a) Contractor will direct the
performance of "Godspell";
. . . . .
. . . . .
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1
(b) Contractor will attend as many rehearsals as are
2 necessary and all performances of "Godspell" from July 16 through
3 August 18, 1979.
4
3. Payment. A final accounting will be made by City
5 within thirty days after the final performance of "Godspell". If,
6 after computing all production costs, including but not limited
7 to royalties, scripts, lights, sound, costumes, makeup and sets,
8 there exists any additional funds constituting profit for City
9 from the proceeds of this production, City shall pay to Contractor
10 from such profits an amount not to exceed Five Hundred Dollars
11 ($500.00).
12 4 . Term. The term of this agreement shall be from July
13 16, 1979, through, August 18, 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' ~rom claims for property damage and all other claims
19 which may arise from Contractor's services, whether such services
20 be by Contractor or by anyone or more persons directly or in-
21 directly employed by or acting as agent for Contractor. Contracto
22 agrees to and shall defend City and its elective and appointive
23 boards, commissions, officers, agents and employees from any suits
24 or actions at law or in equity for damages caused, or alleged to
25 have been caused, by reason of any of the aforesaid services.
26
6. Termination. Should Contractor fail to comply with
27 any term, condition or provision of this agreement or work under
28 the supervision of Recreation Supervisor Norman W. Baffrey, the
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City may terminate this agreement by giving written notice to
Contractor, and thereupon this agreement shall terminate forth-
with. Upon such termination, City shall be under no further
obligation to Contractor hereunder irrespective of the existence
of any profits from the production. Contractor agrees that under
such circumstance of termination, services performed were
voluntary and gratuitous as a public service.
7. Notices. All notices herein required shall be 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
Mr. Earl Weaver
2222 Mountain Ave. # 5
San Bernardino, CA 92404
,
8. 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.
~~.b
el.ty Clerk
CITY OF
ATTEST:
Approved as to form:
~~~~~~
C~ty At orney
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