HomeMy WebLinkAbout2008-083
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RESOLUTION NO. 2008-83
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AN AGREEMENT WITH THE ROTARY CLUB OF
3 SAN BERNARDINO FOR USE OF THE CITY SEAL AND OTHER CITY INSIGNIA
4 WHEREAS, the Rotary Club of San Bernardino("Rotary") is sponsoring Earth Day in the
5 City on April 24th and 25th of 2008; and
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6 WHEREAS, Rotary is desirous of utilizing facsimiles of the City Seal and other insignia
7 of the City in the celebration of Earth Day; and
8 WHEREAS, Section 9.04.025 of the Municipal Code authorizes the Mayor and Common
9 to permit the private use of the City Seal and other insignia of the City when it is in the best interests
10 of the City, and when it is determined that the public will not be misled thereby; and
11 WHEREAS, it is in the best interests of the City to permit Rotary to utilize facsimiles of the
12 City Seal and other City insignias, subject to the terms and conditions set forth herein. NOW,
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
13 CITY OF SAN BERNARDINO AS FOLLOWS:
14 SECTION 1. The City Manager is hereby authorized and directed to execute the Agreement
15 with the Rotary Club of San Bernardino For Use of the City Seal and Other City Insignia, a copy of
16 which is attached hereto as Exhibit "A", and incorporated herein by this reference.
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SECTION 2. This resolution is rescinded if the parties to the contract fail to execute
18 it within sixty (60) days of the passage of this resolution.
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RESOLUTION NO. 2008-83
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING AN AGREEMENT WITH THE ROTARY CLUB OF
SAN BERNARDINO FOR USE OF THE CITY SEAL AND OTHER CITY INSIGNIA
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at aj oint regular
meeting thereof, held
7 on the 17th day of March , 2008, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA X
10 BAXTER X
11 BRINKER X
12 DERRY X
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13 KELLEY X
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14 JOHNSON X
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15 MCCAMMACK X
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18 Rac el Clark, City Clerk
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23 Approved as to Form:
The foregoing Resolution is hereby approved this...2./sr day of March
, 2008.
24 JAMES F. PENMAN,
25 City Attorney
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2008-83
EXHIBIT "A"
1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE
2 ROTARY CLUB OF SAN BERNARDINO FOR USE OF THE CITY SEAL AND OTHER
CITY INSIGNIA
3
4 THIS AGREEMENT, made and entered this 17th day of March, 2008, by and between the
City of San Bernardino ("City") and the Rotary Club of San Bernardino("Rotary"),
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WITNESSETH:
WHEREAS, Rotary is sponsoring Earth Day in the City on April 25th and 26th, 2008.
WHEREAS, Rotary is desirous of utilizing facsimiles of the City Seal and other insignia of
8 the City in the celebration of Earth Day; and
9 WHEREAS, Section 9.04.025 of the Municipal Code authorizes the Mayor and Common
Council to authorize the private use of the City Seal and other City insignia when it is in the best
10 interests of the City, and when it is determined that the public will not be misled thereby; and
11 WHEREAS, it is in the best interests of the City to authorize Rotary to utilize facsimiles of
the City Seal and other City insignia, subject to the terms and conditions set forth herein.
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NOW, THEREFORE, the parties hereto agree as follows:
1.
Rotary shall obtain the written approval of the City Manager or his representative for
each use of the City Seal and other City insignia no later than five days prior to the
opening of the event. If a use arises during the event, Rotary shall immediately
contact the City Manager or his representative prior to utilizing the City Seal and
other City insignia.
The City Manager may, at his sole discretion, order Rotary to cease and desist any
use of the City Seal and other City insignia if the use thereof does not comply with
the terms of this Agreement.
For all purposes, Rotary, and its individual members, shall be independent
contractors and shall not be considered employees or agents of the City.
This agreement may be terminated by the City for any reason upon the giving of
twenty-four (24) hours notice, in writing.
Rotary agrees to indemnify and hold harmless City, its officers, agents, and
volunteers from any and all claims, actions, or losses, damages and/or liability
resulting from Rotary's negligent acts or omissions arising from the Rotary's
performance of its obligations under the Agreement.
In the event the City and/or the Rotary is found to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under
this Agreement, the City and/or Rotary shall indemnify the other to the extent of its
comparative fault.
Any notices to be given pursuant to this agreement shall be given from one party to
the other, in writing, and deposited with the United States Postal Service, postage
prepaid, and addressed as follows:
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2008-83
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE
ROTARY CLUB OF SAN BERNARDINO FOR USE OF THE CITY SEAL AND OTHER
CITY INSIGNIA
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: City Manager
Rotary Club of San Bernardino
P. O. Box 894
San Bernardino, CA 92402
Attn: President
7 The above addresses may be changed by written notice to the other party. Nothing in this
paragraph shall be construed to prevent the giving of notice by personal service.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and
9 date first shown above.
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12 ATTEST:
13 ~[Ui)dAtL~(j) ~ n i\ I rt
14 City Clerk J u-vr-d-
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By
Approved as to Form:
Rotary Club of San Bernardino
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By ~/Z '
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