HomeMy WebLinkAbout1988-427
RESOLUTION NO,. 88-427
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRI CITY
/LONNY GANS & ASSOCIATESi 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 Tri City/Lonny
Gans & Associates a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference
as fully as though set fprth at length.
I HEREBY CERTIFY that the fo~~going resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
regular
meeting
thereof, held on the 21st
day of
November
,
1988, by the following vote, to wit:
AYES:
Council Me~bers Estrada, Feilly, Flores,
Malldsley Minor Miller
NAYS:
Nnnp
ABSENT:
Council Mfmber Pope-Ludlam
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/' City Clerk
The foregoing resolution is hereby approved this~~day of
November
, 1988.'
Resolution for Tri City/Lonny Gans & Associates Grant
Ei~or/14
City of San Bernardino
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Ap roved as to form and legal content:
t~
. y Attorney
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AGREEMENT
Fine Ar~s Fundinq
I
THIS AGREEMENT is 'entered into between the CITY
OF SAN BERNARDINO, a mu~icipal corporation, referred to
!
as "City", and the Tri qity/Lonny Gans & Associates a
non-profit organization,! referred to as "organization". In c 1 u din 9
Rancon Financial Corporaition on behalf of Realty Funds IV & V.
The parties agree las follows:
1. Recitals.
A. organiz~tion has requested financial
assistance from City fott the fiscal year 1988-89, in
order to assist in defrqying the expense of certain
concerts, shows, festiv~ls or events or activities
sponsored by Organizatiqn as set forth in Organi-
zation I 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 provi~ed 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 ~bligation of the City beyond
the terms of this Agreement.
B. The expenditure is for a valid munici-
pal public purpose, to wit: for an exhibition of
public art 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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the City Finance Director, City shall pay to Organiza-
tion from the budget for the 1988-89 fiscal year, the
total sum of one thousand one hundred fifty 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. 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, 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.
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5. Hold Harmless. Organization covenants and
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 expended which were used for any purposes other
than those authorized under this Aqreement.
7. Assianment. Orqanization shall not assiqn
its interest in this Aqreement without the prior
written approval of city.
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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, comm-
issions, officers, agents and employees, Permittee and
its agents performing acts covered by this Agreement
from claim~ 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.
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10. Notices. All notices herein required
shall be in writinq and delivered in person or sent by
certitied mail, postaqe prepaid, addressed as tollows:
As to City:
City Administrator
City of San Bernardino
300 North "0" street
San Bernardino, CA 92418
Rancon Realty Fund IV & V
650 E. Hos.pitality Lane
S.u i t e. 600 .
San Bernardino,CA 92408
As to orqanization:
Tri City/Lenny Gans ,
Associates
Attn: Xiliary Twill
310 Washinqton Street
Suite P214
Marina Del Rey, CA 90292
11. Entire Aareement. This Aqreement and any
documents or instruments attached hereto or referred to
herein inteqrate all terms and conditions mentioned
herein or incidental hereto, and supersede all neqotia-
tions and prior writinq in respect to the subject
matter hereof. In the event of conflict between the
terms, conditions or provisions of this Aqreement, and
any such document or instrument, the terms and condi-
tions of this Aqreement shall prevail.
DATED:
/1t;1 ~, If f"fl
/
ATTEST:
~~
4Z/p~ ~~
./
City Clerk
CITY OF SAN BERNARDINO
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5 Approved as to form
6 and legal content:
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Organization
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9 ~ty Attorney
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Y,ll~~ /iA1L-
XILIARY T IL
LONNY CANS & ASSOCIATES