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HomeMy WebLinkAbout1979-364 I 1 RESOLUTION N0. I I 2 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PACESETTERS PROVIDING FOR 3 FUNDING TO ASSIST IN REPRESENTATION OF THE CITY OF SAN BERNARDINO AS AN ALL AMERICA CITY. 4 BE IT RESOLVED BY THE MAXOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: I 6 SECTION 1. The Mayor of the City of San Bernardino is i 7 ~ hereby authorized and directed to execute on behalf of said City I ~ g an Agreement with the Pacesetters providing for funding to assist q in representation of the City of San Bernardino as an All America t0 ~I City, a copy of which is attached hereto, marked Exhibit "A" u i~ and incorporated herein by reference as fully as though set ~ 12 ~I forth at length. 13 l I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the. City of San Bernardino at ~m~ ,x,f; ~Gy~c./2.g meeting thereof, hel 15 t6 on the /O~ day of ~/~~~/,v}' , 1979, by the. followin 17 ugte, to wit: ` (8 AYES: Councilmen ,%~6~/_T 20 NAYS : if/%~ ir~.~J ~ sirs!-CI ABSENT : .~~n,«/~ii.~~.aT!~~i~:a 21 22 ii o.~~ 23 7 Ci~~erk 24 The foregoing resolution is hereby approved this ~ day 25 of ~~~iii../u~ , 1979. 7 26 27 I M o o y o. San ernar ino 28 Approved as to form: i y -orney it ~ A G R E E M E N T 2 (Publicizing and Promoting the City) 3 THIS AGREEMENT is made and entered into at San Bernardino a California, this sue` day of C~PJ. _ , 1979, 5 I by and between the CITY OF SAN BERNARDINO, a municipal corpor- 6 ation, hereinafter referred to as "City", and the PACESETTERS, 7 an unincorporated association, hereinafter referred to as g "Contractor". q W ITN E S S E T H: 10 i WHEREAS, Contractor is a marching unit known as the Pacesetters, and since November 18, 1974, the Contractor has been 12 an official ambassador of good will of the City of San Bernardino ~3 in various parades and other festivities and will continue in l4 ~ said capacity through June 30, 1980;. and l5 WHEREAS, the proposed budget for the fiscal year 1979-198 t6 will require additional funds for replacement of equipment, and Contractor is unable to raise said additional funds from various l8 private sources; and 19 WHEREAS, Contractor will display the San Bernardino All America City banner at each parade and activity in which they 20 21 participate; and 22 WHEREAS, City desires. to provide funding to Contractor 23 in the amount of Three Thousand One Hundred Dollars ($3,100.00) 24 for the fiscal year 1979-1980 in order to enable Contractor to I' 25 carry on its representation and publicity of the City of San 26 Bernardino, 27 NOW, THEREFORE, it is agreed as follows: 28 1. General. The Mayor and Common Council of the City of 1 ~,~San Bernardino have found and determined that it will be of 2 it benefit and advantageous to the City, and its inhabitants, to 3 retain Contractor for the general purpose of publicizing and i a promoting the City of San Bernardino. 5 2. Programs. The Contractor agrees during the period of ii this agreement to publicize and promote the City of San Bernardino 6 ~ 7 by performing at local and out-of-town parades and civic events ~ 8 ~I and to display thereat San Bernardino's All America City banner. 9 3. Payments. City shall pay Contractor the sum of ` I ~0 ~ Three Thousand One Hundred Dollars ($3,100.00.) upon execution of i~ this agreement. Said sum is intended to assist in defraying a t2 portion of the expense related to said program for the fiscal i3 year ending June 30, 1980. Said funds shall be expended only 14 for the purposes set forth in Exhibit "I" attached hereto and 15 incorporated by reference. l6 4. Term. This agreement shall be effective upon the 17 date of its execution and shall terminate on~June 30, 1980; t8 provided, that either party may terminate this agreement at 19 any time by giving the other party written notice of such 20 termination. In the event Contractor terminates this agreement, 21 City shall not be obligated to make any payment of monies after the effective date of termination and Contractor shall reim- 22 burse City for any unused monies paid by City. 23 24 5. Relationship of Parties. It is understood that the 25 contractual relationship of the Contractor to the City is that 26 of independent contractor. 27 6. Hold Harmless Clause. Contractor hereby agrees to, 28 and shall, hold City, its elective and appointive boards, -2- ii I 1 j commissions, officers, agents and employees, harmless from any ~ i 2 ~ liability for damage or claims for damage for personal injury, 3 including death, as well as from claims for property damage a ~ which may arise from Contractor's operations under this agree- s ment, whether such operations be by Contractor or by any one I 6 ~ or more persons directly or indirectly employed by, or acting 7 as agent for Contractor. Contractor agrees to, and shall, g defend City and its elective and appointive boards, commissions, 9 officers, agents and employees from any suits or actions at 10 law or in equity for damages caused, or alleged to have been 11 caused, by reason of any of the aforesaid operations. 12 Contractor agrees to procure and maintain in force during 13 the term of this agreement and any extension thereof, at its 14 expense, public liability insurance in companies and through 15 brokers approved by City, adequate to protect against liability 16 for the conduct of its programs and services, in a minimum 17 amount of one hundred thousand dollars ($.100",000.00) for each 18 person injured, and three hundred thousand dollars ($.300,000.00) l9 for any one accident. Such insurance policies shall provide 20 coverage for City's contingent liability on such claims or losses. City shall be named as an additional insured. A certificate of 21 insurance shall be delivered to City. Contractor agrees to obtain 22 23 a written obligation from the insurers to notify City in writing ~ at least thirty (30) days prior to cancellation or refusal to 25 renew any such policies. Contractor agrees that, if such 26 insurance policies are not kept in force during the entire term 27 I of this agreement and any extension thereof, City may procure the 28 necessary insurance, pay the. premium therefor, and that such -3- 1 premium shall be repaid to City. 2 7, Budget. Contractor shall file an annual budget, I 3 for the subject fiscal year, in the farm and manner prescribed 'i I q by the City Administrator, detailing all estimated expenditures S ~ and all revenues expected to be received, from all sources ~ i 6 ~Iincluding the City, during the. period of this agreement. 7 8, Accounting. Contractor shall file a complete report ~ 8 ,land accounting of all expenditures and all revenues received II 9from all sources including the City, during the term of this ~ i t0 ~ agreement. Said report shall be filed with the City Administrator i~ prior to June 15, 1980, t2 9. Amendment. This agreement may be amended or modified 13 only by written agreements signed by both parties and failure iq on the part of either party to enforce any provision of this l5 agreement shall not be construed as a waiver of the right. to t6 compel enforcement of such provision or provisions. l7 10. Assignment. This agreement shall not be assigned ~ i8 by Contractor without the prior written consent of City. 19 11. Notices. All notices herein required shall be in 20 writing, and delivered in person or sent by first class mail, 21 postage prepaid, addressed as follows: 22 City Administrator Pacesetters City Hall c/o William Hulsey or 300 North "D" Street Jo Ann Parker 23 San Bernardino, CA 92418 1246 East Shamrock Avenue 2q San Bernardino, CA 25 IN WITNESS WHEREOF, the parties hereto have executed this 26 Agreement on the. day and year first above written. 27 CITY OF SAN BERNARDINO 28 ATTEST: ~u~vi ,~,/.s~ y a o iC ty Clerk _q- FAC'~SET2E~' ( ~ k ~ 1 BY ! 2 I 3 6~~ 4 5 1 AP~'rOVed as to gorm~ 6 ~ 5~~~ orneY 8 C~.tY ~ 4 10 11 12 ' 13 14 , t5 ib 17 18 19 20 2] 22 23 24 25 26 27 2$ - • DUDGET RFQIIEST FORb1 CO'~Tfi.~"IITY ORCAT`17ZATTOISS ' FRP?'iD?T!TRRS Type of Organization: FuaesettersColor Cuard DrtLS and ?1ri11 Team ' Aatuncl s~ecY i Y9T8-79 1 8~0-81 Insurance Aecideat a Requirement $ r+~~v~~v $ ~1,~u"•00 i IItilities ( telephone 750.00 J650.00 ~ _ Office Expense postage,supplies, eta.) 450.00 500.00 Conferance ~perse (`"eetings! 200.00 300.00 2quipment ~csts ( Dn~ms flag poles,-flags banners carriers; 4,300.00 ~ $,500.A0 Professional Fees zY ~ ~ t (Ent Fees 1,000.00 1,500.00 Transportation 19,000.00 ?5.000.00 Total 2€.700.00 .37.650.00 SP~::.'T_AL FR~IGRAF.'S (list ' 1. Skating Disco party 124.0 175.00 2. 7znees 600.00 ~ 7oe.o0 3. ^,ar washes 50.00 60.00 4. Dinners 150.00 i85.C0 ! '"otal 924.00 5.120.00 ~ SOL'?CrS Oc RSl'`1L'^. (List All Soure•es) s Dues 1,500.00 1,600.00 Fees ?c Charges 2,000.00 2,000.00 City Contribution fwee3 Abatement QOO.OO 6,000.00 Privates donation 2,500.00 500.00 Other Sources (Lists 2 3x500.00 1. Cith of San 3ernardino ,400.00 2, t'ssonic Lodge 000.00 25.00 ' 3. t+teobers pay for Trans (9,000.00 18,000.00 TCT:IL ALL ?tET:Y7°_ S 26 24.00 $ 3Y,625.00 - I I' M ~ ~ EXHIBIT "1"