HomeMy WebLinkAbout1979-363 iI
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1 1~SOLUTION NO. ~fy;,~~i,_3
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2 RH50LUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ~
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EXECUTION OF AN AGREEMENT WITH ALLIED ARTS COUNCIL FOR THE
3 SPONSORING, PUBLICIZING, AND PROMOTING OF THE ARTS AND CULTURAL
FAIRS OF THE CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY ~
5 OF SAN BERNARDINO AS FOLLOWS:
6 ~ SECTION 1. The Mayor of the City of San Bernardino is
7 ereby authorized and directed to execute on behalf of said City ~
8 an Agreement with the Allied Arts Council for the sponsoring,
9 ublicizing, and promoting of the arts and cultural affairs of the
l0 ity of San Bernardino, a copy of which is attached hereto, marked
11 xhibit "A" and incorporated herein by reference as fully as though
12 set forth at length.
~3 I HEREBY CERTIFY that the foregoing resolution was duly
t4 dopted by the Mayor and Common Council of the City of San
15 ernardino at ~n~
q~ meeting thereof, held
16 n the ~ day of , 1979, by the following
17 ote, to wit:
lg AYES: Councilmen / ~ ~~~~~/L~
19 „A~'
o m 3-N
ii_~Nf
~a~ry7 e/1/~i~"`.(sA7
2p NAYS
21 ABSENT: ~~~~n ~
22
.~i. ~D,af
23 ~ City Clerk
2q The foregoing resolution is hereby approved th' day
25 o f ~„~.o~~n~..Ll , 19 7 9 .
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or f t Sa ernardino
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Aplrove as to form:
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l i A G R E E MEN T
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2 ~ (Allied Arts Council)
3 THIS AGREEMENT, covering operations during the fiscal
a ! year 1979-1980, is made and entered into at San Bernardino, ~
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5 ~ California, this/-
day of ~,~~c.~.- , 1979, by and
6 (between the CITY OF SAN BERNARDINO, a municipal corporation,
7 ~~hereinafter referred to as "City", and ALLIED ARTS COUNCIL OF
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g jSAN BERNARDINO, a non-profit corporation, hereinafter referred to
q as "Contractor".
~p W I T N E S S E T H:
11 WHEREAS, the Mayor and Common Council of the City of San
12 Bernardino have found and determined that it will be to the
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i3 cultural benefit and advantage of City, and of its inhabitants,
t4 to engage the services of the Allied Arts Council for the
i5 general purpose of sponsoring, publicizing, and promoting the
16 arts and cultural affairs of said City,
17 NOW, THEREFORE, in consideration of tie promises aforesaid ,
18 all laws governing such matters, and the several and mutual
promises and agreements hereinafter contained, the parties hereto
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do covenant and agree as follows:
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1. Promotion. Contractor agrees that it will use its
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est efforts to promote and publicize the cultural life of the
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2g ity; induce immigration and visitation to said City; and cause
24 o be prepared, published and disseminated bulletins and other
25 dvertising matter relating to such activities in the community.
26 2. Contractor - Official Agencv. In consideration of
27 he services to be performed by the Contractor, the City hereby
28 esignates the Contractor as the official agency of the City for
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P.
t the performance of such services. i
3. Payments. City shall pay Contractor for all publicity,
3 j advertising and services conducted under the provisions of this
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y agreement the sum of Four Thousand Five Hundred Dollars ($4,500.0)
5 payable in such amounts and at such times prior to June 30, 1980,11
6 ~,I as may be approved by the Director of Finance of City. Said
~ 'i' money shall be used solely for expenses incurred in promoting
8 ~ and upgrading the cultural image of the community, together with
9 it the. necessary supplies, rental and overhead costs involved.
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t0 ~I 4• Term. Contractor shall provide such services for the~l
III period commencing July 1, 1979, and terminating June 30, 1980;
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t2 provided that either party may terminate. this agreement at any
time by giving the other party written notice of such termination
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In the event Contractor terminates the agreement, City shall not
to
be obligated to make any payment of monies after the effective
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date of termination and Contractor shall reimburse City for any i
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unused monies paid by City, a
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5. Relationship of Parties. It is understood that the
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contractural relationship of the Contractor to the City is that
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of independent contractor.
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6. Hold Harmless Clause. Contractor hereby agrees to,
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and shall, hold City, its elective and appointive boards,
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commissions, officers, agents and employees, harmless from any
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liability for damage or claims for damage, including all claims
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24 for personal injury, including death, claims for property damage,
26 and any and all other claims or liability which may arise from
27 Contractor's operations under this agreement, whether such
Zg operations be by Contractor or by any one or more persons
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~ I directly or indirectly employed by, or acting as agent for f
2 i Contractor. Contractor agrees to, and shall, defend City and its
3 ; elective and appointive boards, commissions, officers, agents and
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a I employees from any suits or actions of law or in equity for damag s
5 caused, or alleged to have been caused, by reason of any of
6 Contractox's operations hereunder.
7 ~ 7, Annual Report. Contractor shall submit an annual
g I report relative to its general activities in promoting and ~
q publicizing the City, with a detailed report concerning the costs
i0 incurred in connection therewith.
11 ` 8. Annual Budget. Contractor shall file an annual budget
12 for the subject fiscal year, in the form and manner prescribed by
I3 the City Administrator, detailing all estimated expenditures and
la all revenues expected to be received, from all sources including f
i5 the City, during the period of this agreement,
16 9. E~enditures - Report and Accounting. Contractor
1~ shall file a complete report and accounting of all expenditures
IS and all revenues received, from all sources including the City,
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during the term of this agreement, Said report shall be filed
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20 with the City Administrator prior to June 15, 1980,
21 10. Amendment, This agreement may be amended or modifie
22 only by written agreements signed by both parties and failure on
23 the part of either party to enforce any provision of this agree-
24 ment shall not be construed as a waiver of the right to compel
25 enforcement of any provision or provisions.
26 11, Assignment. This agreement shall not be assigned by
2~ Contractor without the written consent of City.
28 12, Notices, All notices required shall be in writing
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~ and delivered in person or sent by first class mail, postage
2 prepaid, addressed as follows:
3 City Administrator Allied Arts. Council of San
City Hall Bernardino
4 300 North "D" Street PO Box 103
San Bernardino, CA 92418 San Bernardino, CA 924.02
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6 ~ IN WITNESS WHEREOF the. parties hereto have executed this
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7 ~ agreement the day and year first above written.
8 ~ CITY OF SAN BERNARDINO
ATTEST:
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I O /+j~ ~ ~
11 G1ty Che
~i~~- M
t2 ALLIED ARTS COUNCIL OF SAN
BERNARDINO
13 ~
14 BY
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16 BY C"" v~~ ~fi~,~_,
t7 Approved as to form:
1 s C~~~~
19 City Attorney
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