HomeMy WebLinkAbout1989-039
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~~
24
29,
26
27
28.
.
RESOLUTION NO. 89-39
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND EMPIRE OPERA ASSOCIATION FOR THE PROMOTION OF
ARTS AND CULTURE.
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 Inland
Empire Opera Association a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
regular
meeting
thereof, held on the 20th
day of
February
1988, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley
Minor, Miller
NAYS:
None
Absent:
Council Member Miller
Aft&/~~~:C/~
/ City Clerk
The foregoing resolution is hereby approved this
.:2/.41. day of
February
, 1988.
Resolution for Inland Empire Opera Association
content:
4
.,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
,,')
~~
24
2;>>,
26
27
28.
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred to
as "City", and the Inland Empire Opera 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.
2. Pavment. Upon presentation of a claim to
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1~
16
1~
l~
1~
20
21
J~
2~
~~
~~
25
~, ;~'
26
27
28
Agreement for Inland Empire Opera Association
the City Finance Director, City shall pay to Organiza-
tion from the budget for the 1988-89 fiscal year, the
total sum of Five thousand dollars, to cover the costs
per the Fine Arts grant application agreement.
3. Use of Funds. The funds paid to Organi-
zation shall be used solely for the purposes set forth
in Paragraph 1 and in strict compliance with the
provisions set forth in the proposal. No deviation
from the proposal shall be made without the express
approval of the City of San Bernardino. Said funds
shall be expended by June 30, 1989 and any unexpended
funds shall be returned to City by Organization.
4. Accountina. At such time or times as may
be requested by the City Administrator or Director of
Finance of City, Organization shall submit to the City
Administrator, with a copy to the Director of Finance
and the San Bernardino Fine Arts Commission, an
accounting of the proposed and actual expenditures of
all revenues accruing to the Organization for the
fiscal year ending June 30, 1989. Financial records
shall be maintained in accordance with generally
accepted .accounting principles by Organization in such
a manner as to permit City to easily trace the expendi-
tures of the funds. All books and records of
Organization are to be kept open for inspection at any
time during the business day by the City or its offi
cers or agents.
5. Hold Harmless. Organization covenants and
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17-
18
19
20
21
22
23
24
2~
26
27
28
Agreement for Inland Empire Opera Association
agrees to indemnify and save harmless the City and its
employees and agents from all liabilities and charges,
expenses (including counsel fees), suits or losses
however occurring, or damages arising or growing out of
the use or receipt of the funds paid hereunder and all
operations under this agreement. Payments hereunder
are made with the understanding that the City is not
involved in the performance of services or other acti-
vities of Organization. Organization and its employees
and agents are independent contractors and are not emp-
loyees or agents of the City in performing said ser-
vices.
6. Termination. City shall have the right to
terminate this Agreement and any funding remaining un-
paid hereunder for any reason by mailing a ten-day
written notice to Organization and this agreement shall
terminate ten days after the mailing of such notice. In
the event this Agreement is terminated for reasons of
improper use of funds or use of funds for any purpose
other than those authorized, any unexpended portion of
the funds provided by City shall be returned to City.
In addition, Organization shall reimburse to City any
funds expepded which were used-for any purposes other
than those authorized under this Agreement.
7. Assiqnment. Organization shall not assign
its interest in this Agreement without the prior
written approval of City.
8. Insurance. Organization shall take out
~
Agreement for Inland Empire Opera Association
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~3
24
2~
26
27
28
and maintain during the life of this Agreement such
public liability and property damage insurance as shall
insure City, its elective and appointive boards, comm-
issions, officers, agents and employees, Permittee and
its agents performing acts covered by this Agreement
from claims for damages for personal injury, including
death, as well as from claims for property damage which
may arise from Organization's or its agents' operations
hereunder, whether such operations be by Organization
or its agents or by anyone directly or indirectly
employed bY,either Organization or its agents, and the
amounts of such insurance shall be as follows:
(a) Public Liability Insurance. In an
amount not less than $100,000 for injuries, including,
but not limited to, death, to anyone person and,
subject to the same limit for each person, in an amount
not less than $100,000 on account of anyone
occurrence;
(b) Property Damage Insurance. In an
amount of not less than $50,000 for damage to the
property of each person on account of anyone occurr-
ence.
9. Organization hereby convenants that it has
taken all actions necessary to make the adherence to
the obligations imposed by this agreement a binding
obligation of the organization.
10. Notices. All notices herein required
shall be in writing and delivered in person or sent by
~ ,.
Agreement for Inland Empire Opera Association
1 certified mail, postage prepaid, addressed as follows:
2
3
4
5
6
7
8
9
10
As to City:
City Administrator
City of San Bernardino
300 North "0" street
San Bernardino, CA 92418
As to organization:
Inland Empire Opera
Association
Attn: Ms. Elli Shaleski
362 West Court Street
San Bernardino, CA 92401
11. Entire Aareement. This Agreement and any
documents or instruments attached hereto or referred to
herein integrate all terms and conditions mentioned
herein or incidental hereto, and supersede all negotia-
tions and prior writing in respect to the subject
l' matter hereof. In the event of conflict between the
12
13
14
15
16
terms, conditions or provisions of this Agreement, and
any such document or instrument, the terms and condi-
tions of this Agreement shall prevail.
~t~L t,lfTfE
,
17 DATED:
18
19
20
21 ATTEST:
22
~3 P'~Y;~~
2~ City Clerk
2fi,
26
27
28
; , .
CITY OF SAN BERNARDINO
&~~ 2~y~/
Organization
~~~~\
.
6
7
8
9
10
11
12
13
14
15
16
17.
18
19
20
21
2~
~~
2~
25
\'
Agreement for Inland Empire Opera Association
1
Approved as to form
2
and legal content:
3
: I:z~W~
c' y Attorney
26
27
28