HomeMy WebLinkAbout1989-407
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RESOLUTION NO.
89-407
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO VALLEY COMMUNITY CONCERT 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 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
meeting
reouldI'
thereof, held on the
day of
OctobcI.'
Ifit.h
1989, by the following vote, to wit:
AYES:
COlmt i J H0.mher~, E~.:trdda..' Heil]y. Flores.
~'1,111 t c:J f' y 1-1 ~ nOT. t1 i 11 f' :r.'
NAYS:
Non"
ABSENT:
_---C.o.un.ci.l.J.-1..em bc' r Pop c' - L u..dld!IL____.____~----.---.
d~/1d7?a/~ zt;/
./ ci ty Clerk
The foregoing resolution is hereby approved this
/7llv day of October , 1989.
Reso l.ut ion. fo r the San Serna rd i no Va 11 ey Commu n i ty Concert As sac i.at ion
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w. R. H~lcomb/ Mayor
City of San Bernardino
Ap roved as to ~9rm and legal content:
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Y Attorney
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred to
as "City", and the San Bernardino Valley Community
Concert 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
incorporated herein by reference and shall govern the
uses of the funds provided herein. 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
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Agree~ent for the San Bernardino Valle:' Community Concert. Association
the City Finance Director, City shall pay to Organiza-
tion from the budget for the 1989-90 fiscal year, the
total sum of twenty 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, 1990 and any unexpended
funds shall be returned to City by Organization.
4. Accountinq. 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, 1990. 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
officers or agents.
5. Hold Harmless. Organization covenants and
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Agr~ement. for the San Bernardino Vallev Community Concert ~Ssoc~2tion
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Agr~emert for the San Bernardino Valley Community Concert.^ssoc~ation
and maintain during the life of this Agreement such
public liability and property damage insurance as shall
insure City, its elective and appointive boards,
commissions, 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 occur-
rence.
City shall be set forth as an additional
named insured in each policy of insurance provided
hereunder.
9. Organization hereby convenants that it has
taken all actions necessary to make the adherence to
.
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A0reement for the San Bernardino Valley Community Concert Association
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
certified mail, postage prepaid, addressed as follows:
As to City:
As to Organization:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
San Bernardino Valley
Community Concert Association
ATTN: Maclyn Abbott
P. O. Box 377
San Bernardino, CA 92402
11. Entire Aqreement. 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:
/1)~'ft~~7/) .//:ro
(~l 1Ai! ,( v Ii YI: p 7
ATTEST:
/4bz/~~
City Clerk
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AQreement"' for the San Bernardino Valley Community ConCert Associ"ation
Organization
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Approved as to form and legal content:
/1
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'w~ 1.G ~~~
Attorney