HomeMy WebLinkAbout1989-042
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RESOLUTION NO.
89-42
RESOLUTION OF THE CITY OF SAN BERNARDINO
3 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR
4 THE PROMOTION OF ARTS AND CULTURE.
5 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 an Agreement with the San
Bernardino Valley Community Concert 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
reoular
meeting
thereof, held on the
day of
20th
Fehruary
1988, by the following vote, to wit:
AYES:
Council Members Estrada. Reillv. Flores. Maudsley,
Minor Pone-Ludlam Miller
NAYS:
None
Absent:
None
~~rd!<~'61b
City Clerk
The foregoing resolution is hereby approved this
27 c2/ff day cjf
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Fehruarv
, 1988.
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Resolution for the San Bernardino Vallev Communitv Concert Associ~tion
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City of San Bernardino
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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
€oncert 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.
~l Agreement for the San 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. Accountinq. 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.
AQreement for the San Bernardino Valley Co~~unity Concert Associ~tion
1 5. Hold Harmless. Organization covenants and
2 agrees to indemnify and save harmless the City and its
3 employees and agents from all liabilities and charges,
4 expenses (including counsel fees), suits or losses
5 however occurring, or damages arising or growing out of
6 ~he use or receipt of the funds paid hereunder and all
7 operations under this agreement. Payments hereunder
8 are made with the understanding that the City is not
9 involved in the performance of services or other acti-
10 vities of Organization. Organization and its employees
11 and agents are independent contractors and are not emp-
12 loyees or agents of the City in performing said ser- _
13 vices.
14 6 Termination. City shall have the right to
15 terminate this Agreement and any funding remaining un-
16 paid hereunder for any reason by mailing a ten-day
17 written notice to Organization and this agreement shall
18 terminate ten days after the mailing of such notice. In
19 the event this Agreement is terminated for reasons of
20 improper use of funds or use 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, Organization shall reimburse to City any
24 funds expended which were used for any purposes other
25 than those authorized under this Agreement.
26 7. Assiqnment. Organization shall not assign
27 its interest in this Agreement without the prior
28 written approval of City.
Ag~eement for the San Bernardino Valley Community Concert Associ~tion
1 8. Insurance. Organization shall take out
2 and maintain during the life of this Agreement such
3 public liability and property damage insurance as shall
4 insure City, its elective and appointive boards, comm-
5 issions, officers, agents and employees, Permittee and
6 its agents performing acts covered by this Agreement
7 from claims for damages for personal injury, including
8 death, as well as from claims for property damage which
9 may arise from Organization's or its agents' operations
10 hereunder, whether such operations be by Organization
11 or its agents or by anyone directly or indirectly
12 employed by either Organization or its agents, and th$
13 amounts of such insurance, shall be as follows:
14 (a) Public Liability Insurance. In an
15 amount not less than $100,000 for injuries, including,
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 Damage Insurance. In an
21 amount of not less than '$50,000 for damage 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 obligations imposed by this agreement a binding
27 obligation of the organization.
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. ,IMr~er.lent for the San Bernard; no Va 11 e~ COr.lmunity Concert Assoc; at; on
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Notices
All notices herein required
shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
As to City:
City Administrator
City of San Bernardino
300 North "0" street
San Bernardino, CA 92418
As to Organization:
San Bernardino Valley
Community Concert Association
Attn: Mr. Maclyn Abbott
P. o. Box 377
San Bernardino, CA 92402
11. Entire Agreement. 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
matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and
any such document or instrument, the terms and condi-
tions of this Agreement shall prevail.
DATED:
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CITY OF SAN BERNARDINO
ATTEST:
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City Clerk
AgI.eerlent for tile San Bernardino Valley Comnunity Concert Association
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Approved as to form
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Organization
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