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CITY'-oF SAN BERNCRDINO - REQUEST (JR COUNCIL ACTION
From: Thelma Press, Liaison, 11ayor
& Counci 1
Subject: Recommendation by Fine Arts Commission
- Grant to the San Bernardino Valley
Community Concert Association - $20,000
Dept:
Data: January 9, 1989
Synopsis of Previous CouncilllCtion:
Recommended motion:
Adopt Resolution.
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Signature
ContllCt person: ThEll mil PrEl~~
Phone: ext. 5114
Supporting data attached: Vp<;
Ward:
FUNDING REQUIREMENTS:
Amount: $?n I nnn
Source: (Acct. No.) 001-091-53605
(Acct. DescriPtion)
Finance:
Council Notes:
'71lO_1\"J1lt"J
Aaenda Item No. _:J I
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'CITYOF SAN BERN~DINO - REQUEST M COUNCIL ACTION
STAFF REPORT
The San Bernardino Valley Community Concert Association is
celebrating their 50th Anniversary bringing great classical
music and dance to all age groups, ethnic groups, and all
income levels for enjoyment.
They continue to encourage participation by young members in
musical education and the performing Arts.
Free admission is given to seniors and handicapped students
in high school and college. Special youth concerts are
presented to public school students throughout the city.
The San Bernardino Valley Community Concert Association
generates matching funds to continue to raise the quality of
their musical programs, and is the only San Bernardino
Organization presenting nationally and internationally
recognized professional artists and classical dance groups in
concert on a regular basis.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
3 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
4 THE PROMOTION OF ARTS AND CULTURE.
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RESOLUTION NO.
FOR
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 an Agreement with the San
Bernardino Valley Community Concert Association a copy
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of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set
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forth at lenqth.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the city
of San Bernardino at a
meeting
thereof, held on the
day of
1988, by the following vote, to wit:
AYES:
NAYS:
Absent:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1988.
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.' Resolution for ~ San Bernardino Valley COmMUni~Concert Association
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Evlyn wilcox, Mayor
City of San Bernardino
legal content:
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AGREEMENT
Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred to
as "City", and the San Bernardino Valley Community
eoncert Association a non-profit organization, referred
to as "organization".
The parties agree as follows:
1. Recitals.
A. Organization has requested financial
assistance from City for the fiscal year 1988-89, in
order to assist in defraying the expense of certain _
concerts, shows, festivals or events or activities
sponsored by Organization as set forth in Organi-
zation's grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of the City, a
copy of which proposal is on file in the Office of
CUltural Affairs. The terms of the proposal are in-
corporated herein by reference and shall govern the
uses of the funds provided here-in. The financial
assistance provided for in this agreement is made on a
one-time only basis, and receipt of said funds shall
not imply a continuing obligation of the City beyond
the terms of this Agreement.
B. The expenditure is for a valid munici-
pal public purpose, to wit: for the promotion of music
appreciation in San Bernardino, as more fully set forth
in the proposal submitted by Organization.
'f
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Agreement for the San
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Bernardino Valley Community Concert Association
1 2. Pavment. Upon presentation of a claim to
2 the City Finance Director, city shall pay to Organiza-
3 tion from the budget for the 1988-89 fiscal year, the
4 total sum of Twenty thousand dollars, to cover the
5 costs per the Fine Arts grant application agreement.
6 3. Use of Funds. The funds paid to Organi-
7 zation shall be used solely for the purposes set forth
8 in Paragraph 1 and in strict compliance with the
9 provisions set forth in the proposal. No deviation
10 from the proposal shall be made without the express
11 approval of the City of San Bernardino. Said funds
12 shall be expended by June 30, 1989 and any unexpended
13 funds shall be returned to City by Organization.
14 4. Accountina. At such time or times as may
15 be requested by the City Administrator or Director of
16 Finance of City, Organization shall submit to the city
17 Administrator, with a copy to the Director of Finance
18 and the San Bernardino Fine Arts Commission, an
19 accounting of the proposed and actual expenditures of
20 all revenues accruing to the Organization for the
21 fiscal year ending June 30, 1989. Financial records
22 shall be maintained in accordance with generally
23 accepted accounting principles by Organization in such
24 a manner as to permit City to easily trace the expendi-
25 tures of the funds. All books and records of
26 Organization are to be kept open for inspection at any
27 time during the business day by the city or its offi
28 cers or agents.
Aoreement for ~ San Bernardino Valley Communi Concert Association
1 5. Hold Harmless. Orqanization covenants and
2 aqr... to indemnify and save harmless the city and its
3 employees and aqents from all liabilities and charqes,
4 expenses (includinq counsel fees), suits or losses
5 however occurrinq, or damaqes arisinq or qrowinq out of
6 ~e use or receipt of the funds paid hereunder and all
7 operations under this aqreement. Payments hereunder
8 are made with the understandinq that the City is not
9 involved in the performance of services or other acti-
10 vities of Orqanization. Orqanization and it. employe.s
11 and aqents are independent contractors and are not emp-
12 loyees or aqents of the city in performinq said ser- .
13 vic.s.
14 6 Termination. City shall have the riqht to
15 terminate this Aqreement and any fundinq remaininq un-
16 paid hereunder for any reason by mailinq a ten-day
17 written notice to Orqanization and this aqreement shall
18 terminate ten days after themailinqofsuchnotice.In
19 the event this Aqr..ment is terminated for reasons of
20 improper use of fund. or u.. of funds for any purpose
21 other than those authorized, any unexpended portion of
22 the funds provided by City shall be returned to City,.
23 In addition, Orqanization shall reimburse to City any
24 funds expended which were used for any purposes other
25 than those authorized under this Aqreement.
26 7. Assianment. Orqanization shall not assiqn
27 its interest in this Aqreement without the prior
28 written approval of City.
Aqreement for ~ San Bernardino Valley communi~concert Association
1 8. Insurance. Organization shall take out
2 and lllaintain durinq the life of this Aqreement such
3 public liability and property damaqe insurance as shall
4 insure city, its elective and appointive boards, comm-
5 issions, officers, aqents and employees, Permittee and
6 its aqents performinq acts covered by this Aqreement
7 from claims for damaqes for personal injury, includinq
8 death, as well as from claims for property dalllaqe which
9 may arise from Orqanization's or its aqents' operations
10 hereunder, whether such operations be by Organization
11 or its aqents or by anyone directly or indirectly
12 employed by either Orqanization or its aqents, and the
13 amounts of such insurance shall be as follows:
14 (a) Public Liability Insurance. In an
15 amount not les. than $100,000 for injuries, includinq,
16 but not limited to, death, to anyone person and,
17 subject to the same limit for each person, in an amount
18 not less than $100,000 on account of anyone
19 occurrence:
20 (b) Property Dalllaqe Insurance. In an
21 amount of not less than $50,000 for damaqe to the
22 property of each person on account of anyone occurr-
23 ence.
24 9. Organization hereby convenants that it has
25 taken all actions necessary to make the adherence to
26 the obliqations imposed by this aqreement a bindinq
27 obliqation of the orqanization.
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lA~ree~ent for ~San Bernardino Valley co~unit~oncert Associatio~
10. Notices. All notice. herein required
shall be in writinq and delivered in person or sent by
certified mail, postaqe prepaid, addressed as follows:
As to City:
city Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
As to Orqanization:
San Bernardino Valley
Community Concert Association
Attn: Mr. Maclyn Abbott
P. O. Box 377
San Bernardino, CA 92402
11. Entire Aareement. This Aqreement and any
documents or instruments attached hereto or referred to
herein inteqrate all terms and conditions mentioned
herein or incidental hereto, and supersede all neqotia-
tions and prior writinq in respect to the subject
matter hereof. In the event of conflict between the
terms, conditions or provisions of this Aqreement, and
any such document or instrument, the terms and condi-
tions of this Aqre_ent shall prevail.
DATED:
CITY OF SAN BERNARDINO
ATTEST:
City Clerk
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A reenent for t~San Bernardino Valley Comnuni~ oncert As~ociation
Orqanization
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