HomeMy WebLinkAbout1988-059
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1 RESOLUTION NO. 88-59
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY
3 COMMUNITY CONCERT ASSOCIATION.
4 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
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hereby authorized and directed to execute on behalf of said City
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an Agreement with the San Bernardino Valley Community Concert
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Association for the promotion of arts and culture, a copy of
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which is attached hereto, marked Exhibit nAn 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
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reqular
meeting thereof, held on
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the 7th
day of
March
, 1988, by the
following vote, to wit:
AYES:
Council Members Estrada, Flores, Maudsley,
Minor, Miller
NAYS:
None
ABSENT:
Council Members Reilly, Pope-Ludlam
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-4-88
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Resolution Authorizing the Execution of Agreement etc (San
Bernardino Valley Concert Association) Con't
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The foregoing resolution is hereby approved this (f~t/1.-- day
March
, 1988.
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Mayor of ~he City of San Bernardino
Approved as to form
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1 AGREEMENT
2 (Fine Arts Funding)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, a non-profit
6 organization, referred to as "Organization".
7 The parties agree as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1987-1988, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization's grant proposal (hereinafter "the proposal")
14 approved by the Fine Arts Commission of the City, a copy of which
15 proposal is on file in the Office of Cultural Affairs. The terms
16 of the proposal are incorporated herein by reference and shall
17 govern the uses of the funds provided herein. The financial
18 assistance provided for in this agreement is made on a one-time
19 only basis, and receipt of said funds shall not imply a
20 continuing obligation of the City beyond the terms of this
21 Agreement.
22 B. The expenditure is for a valid municipal public
23 purpose, to wit: for the promotion of arts and culture, as more
24 fully set forth in the proposal submitted by Organization.
25 2. Payment. Upon presentation of a claim to the City
26 Finance Director, City shall pay to Organization from the budget
27 for the 1987-1988 fiscal year, the total sum of EIGHT THOUSAND
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1 DOLLARS ($8,000.00) at such time or times and in such periodic
2 amounts as determined by the City Administrator and Finance
3 Director of the City, consistent with the grant proposal approved
4 by the Fine Arts Commission.
5 3. Use of Funds. The funds paid to Organization shall
6 be used solely for the purposes set forth in Paragraph 1 and in
7 strict compliance with the provisions set forth in the proposal.
8 No deviation from the proposal shall be made without the express
9 approval of the City of San Bernardino. Said funds shall be
10 expended by June 30, 1988, and any unexpended funds shall be
11 returned to City by Organization.
12 4. Accounting. At such time or times as may be requested
13 by the City Administrator or Director of Finance of City,
14 Organization shall submit to the City Administrator, with a copy
15 to the Director of Finance and the San Bernardino Fine Arts
16 Commission, an accounting of the proposed and actual expenditures
17 of all revenues accruing to the Organization for the fiscal year
18 ending June 30, 1988. Financial records shall be maintained in
19 accordance with generally accepted accounting principles by
20 Organization in such a manner as to permit City to easily trace
21 the expenditures of the funds. All books and records of
22 Organization are to be kept open for inspection at any time
23 during the business day by the City or its officers or agents.
24 5. Hold Harmless. Organization covenants and agrees to
25 indemnify and save harmless the City and its employees and agents
26 from all liabilities and charges, expenses (including counsel
27 fees), suits or losses however occurring, or damages arising or
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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. Assignment. Organization shall not assign its interest
in this Agreement without the prior written approval of City.
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,
24 Permittee and its agents performing acts covered by this
25 Agreement from claims for damages for personal injury, including
26 death, as well as from claims for property damage which may arise
27 from Organization's or its agents' operations hereunder, whether
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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.
9. 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 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 previal.
10. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
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AGREEMENT - FINE ARTS - FISCAL YEAR 1987-1988
postage prepaid, addressed as follows:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
San Bernardino Valley
Community Concert Association
5945 Orange Knoll Ave.
P. O. Box 377
San Bernardino, CA 92402
DATED: 7l))AI/; /7;/1!F
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ATTEST:
CITY(/?F SAN BERNARDr.NO
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City Clerk
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SAN BERNARDINO VALLEY
COMMUNITY CONCERT ASSOCIATION
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