HomeMy WebLinkAbout1989-447
RESOLUTION NO.
89-447
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND MASTER CHORALE 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
Master Chorale a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
SECTION 2. The authorization to execute the
above-referenced agreement is rescinded if the parties
to the agreement fail to execute it 'within sixty (60)
days of the passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
reaular
meeting
thereof, held on the 20th
day of
Novemher
1989, by the fOllowing vote, to wit:
AYES: Council Members Estrada. Reillv. Flores. Maudslev,
Minor Pope-Ludlam Miller
NAYS: Nnnp
ABSENT: N,..,np.
~.lLfW~
/' city Clerk
.,.
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R~sQlutjon for the Inland Master Chorale
The foregoing resolution is hereby approved this
'7 -7 n l
A,~ Jdr day of November , 1989.
"
//'
/~:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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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 Inland Master Chorale 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 1989-90, in
order to assist in defraying the expense of certain
concerts, shows, festivals or events or activities
sponsored by Organization as set forth in
Organization'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
municipal 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. Payment. Upon presentation of a claim to
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Agreement for Inland Master Chorale
the City Finance Director, City shall pay to
Organization from the budget for the 1989-90 fiscal
year, the total sum of twenty-five hundred dollars, to
cover the costs per the Fine Arts grant application
agreement.
3. Use of Funds. The funds paid to
Organization 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. Accounting. 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
ependitures 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.
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Allreement for Inland t1aster Chorale
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold 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
activities of Organization. Organization and its
employees and agents are independent contractors and
are not employees or agents of the City in performing
said services.
6. Termination. City shall have the right to
terminate this Agreement and any funding remaining
unpaid 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 expended 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.
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. A~reemertt for Inland Master Chorale
8. Insurance. Organization shall take out
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
occurrence.
City shall be set forth as an additional
named insured in each policy of insurance provided
hereunder.
9. Organization hereby convenants that it has
.
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4 Agreement for Inland Master Chorale
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
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
Inland Master Chorale
ATTN: Gary E. Gaut
P. O. Box 8191
San Bernardino, CA 92412
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
negotiations 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 conditions of this Agreement shall prevail.
DATED : ('1)rtU!I;t~V c:z~. !(~'l~r
. I
CITY OF SAN BERNARDINO
ATTEST:
. /<1,f"
;i/~/ /.'70l ) /t;:; 1'~1>~
t'~.:..;r / -"_~/ ..... ./ J / I" ,//....... .' ,j- ./
City Clerk
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I Aq~eement for Inland Master Chorale
:;~t; /iff
Approved as to form and legal content:
t~
City Attorney