HomeMy WebLinkAbout1981-356
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RESOLUTION NO.
81-356
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY
3 ASSOCIATION RELATING TO FUNDING FOR THE 1981-1982 FISCAL YEAR.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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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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an agreement with the San Bernardino Symphony Association relating
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to funding for the 1981-1982 fiscal year, a copy of which is
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attached hereto, marked Exhibit "A" and incorporated herein by
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reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at an Adjourned Reqular
meeting thereof, held
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on the 17th day of
Auqust
, 1981, by the following
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vote, to wit:
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Council Members
Castaneda. Reilly,
AYES:
Hprn~n"p'7.
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Botts, Hobbs, Strickler
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NAYS:
None
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ABSENT:
Council Member Hudson
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C1.ty C er
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The foregoing resolution is
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August
, 1981.
of
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Approved as to form:
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A G R E E MEN T
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(community organization)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the SAN BERNARDINO SYMPHONY ASSOCIATION, a California nonprofit
I corporation, referred to as "Organization".
II The parties agree as follows:
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1.
Recitals.
(a)
Organization brings outstanding classical
entertainment to the residents of the City of San Bernardino.
(b) Organization has requested financial assistance from
12 City for the fiscal year 1981-1982, in order to assist in
13 defraying the expense of holding concerts at the California
14 Theatre of Performing Arts.
(c) The expenditure is for a valid municipal public
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16 purpose, to wit: to aid in the continuance of the performances of
17 the San Bernardino Symphony Orchestra as a contribution to the
18 cultural life of the citizens of the City of San Bernardino.
2. Payment. City shall pay to Organization during the 1981-
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1982 fiscal year, the total sum of TWO THOUSAND TWO HUNDRED
SEVENTY-FIVE DOLLARS ($2,275.00) at such time or times and in such
amounts as determined by the City Administrator and Finance
irector of City.
3. Use of Funds. The funds paid to Organization shall be
used solely for the purpose set forth in Paragraph l(c) during the
erm commencing on the date of execution of this agreement and
ending on June 30, 1982. A variation in the itemization of costs
ot to exceed ten percent (10%) shall be allowed, provided the
1 prior written approval of the Director of Finance of City is first
2 had and obtained. At the end of the term, all unexpended funds
3 shall be returned to City by Organization.
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4. Accounting. Prior to the final payment under this
5 agreement, and at such other times as may be requested by the City
6 IAdministrator or Director of Finance of City, Organization shall
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7 Isubmit to the City Administrator, with a copy to the Director of
8 Finance, an accounting of the proposed and actual expenditures of
9 all revenues accruing to the organization for the fiscal year
10 ending June 30, 1982. Financial records shall be maintained in
11 accordance with generally accepted accounting principles by
12 Organization in such a manner as to permit City to easily trace
13 the expenditures of the funds. All books and records of
14 Organization are to be kept open for inspection at any time during
15 the business day by the City or its officers or agents.
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5. Approval of City of any Charges. City reserves the right
17 to require Organization to obtain the prior written approval of
18 City of any charges or fees to be charged by Organization for
19 attendance at the concerts.
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6. TemPorary Freeze. The City Administrator, with the
21 concurrence of the Mayor and Common Council, is authorized to
22 lace a temporary freeze on or terminate the payment of funds to
23 rganization when any violation of the agreement, in the
24 discretion of the City Administrator, occurs and the same shall
25 continue until such violation is corrected to the satisfaction of
26 the City Administrator and Mayor and Common Council.
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7. Hold Harmless. Organization covenants and agrees to
28 indemnify and save harmless the City and its employees and agents
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1 from all liabilities and charges. expenses (including counsel
2 fees). suits or losses however occurring. or damages arising or
3 growing out of the use or receipt of the funds paid hereunder and
4 all operations under this agreement; payments hereunder are made
5 with the understanding that the City is not involved in the
6 performance of services or other activities of Organization.
7 Organization and its employees and agents are independent
8 contractors and not employees or agents of the City in performing
9 said services.
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8. Termination. City shall have the right to terminate this
11 agreement and any funding hereunder for any reason by mailing a
12 ten (10) day written notice to Organization and this agreement
13 shall terminate ten (10) days after the mailing of such notice;
14 and thereafter any unpaid funds shall not be prorated or paid to
15 Organization.
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9. Assignment. Organization shall not assign its interest
17 in this agreement without the prior written approval of City.
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10. Notices. All notices herein required shall be in
19 writing and delivered in person or sent by certified mail. postage
20 prepaid. addressed as follows:
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City Administrator
City of San Bernardino
300 North "n" Street
San Bernardino. CA 92418
San Bernardino Symphony
Association
P.O. Box 2312. Uptown Station
San Bernardino. CA 92406
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ATTEST:
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DATED:
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Approved as to form:
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SAN BERNARDINO SYMPHONY ASSOCIATION
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