HomeMy WebLinkAbout1987-421
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t)7-421
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY
FOUNDATION FOR VISUAL ARTS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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hereby authorized and directed to execute on behalf of said City
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an Agreement with the More Attractive Community Foundation for
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SECTION 1
The Mayor of the City of San Bernardino is
visual arts, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
14 Bernardino at a regular meeting thereof, held
on
15 the 7th day of December 1987, by the
,
16 following wit:
vote, to
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Council Members Reilly, Flores, Haudsl.ey,.
AYES:
Hinor.) Pope-Ludlam
Council Member Estrada
NAYS:
Council Member Miller
ABSENT:
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// Ci ty Clerk
11/12/87
resolution is hereby approved this If/ day
, 1987.
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ayo r of Ithe City of San Be rna rd ino
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AGREEMENT
(Fine Arts Funding)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the MORE ATTRACTIVE COMMUNITY FOUNDATION, a California 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 1987-1988, 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 visual arts, as more fully set forth in the
proposal submitted by Organization.
2. Payment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the budget
for the 1987-1988 fiscal year, the total sum of SEVEN THOUSAND
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1 DOLLARS ~7,000) at such time or times and in such periodic amount
2 as determined by the City Administrator and Finance Director of
3 the City, consistent with the grant proposal approved by the Fine
4 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 an~ 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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1 growing out of the use or receipt of the funds paid hereunder and
2 all operations under this agreement. Payments hereunder are made
3 with the understanding that the City is not involved in the
4 performance of services or other activities of Organization.
5 Organization and its employees and agents are independent
6 contractors and are not employees or agents of the City in
7 performing said services.
8 6. Termination. City shall have the right to terminate
9 this Agreement and any funding remaining unpaid hereunder for any
10 reason by mailing a ten-day written notice to Organization and
11 this agreement shall terminate ten days after the mailing of such
12 notice. In the event this Agreement is terminated for reasons of
13 improper use of funds or use of funds for any purpose other than
14 those authorized, any unexpended portion of the funds provided by
15 City shall be returned to City. In addition, Organization shall
16 reimburse to City any funds expended which were used for any
17 purposes other than those authorized under this Agreement.
18 7. Assignment. Organization shall not assign its interest
19 in this Agreement without the prior written approval of City.
20 8. Final Report. Prior to June 30, 1988, Organization
21 shall provide a final report on the project funded by this
22 Agreement in accordance with the Criteria for Financial Support
23 heretofore provided by City to Organization.
24 9. Notices. All notices herein required shall be in
25 writing and delivered in person or sent by certified mail,
26 postage prepaid, addressed as follows:
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City Adminstrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA. 92418
Salvatore Catalano
More Attractive Community
Foundation
295 Central City Mall
San Bernardino, CA. 92401
DATED:
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ATTEST:
CITYrZ SAN BER~ARDINO
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City Clerk
MORE ATTRACTIVE COMMUNITY
FOUNDATION
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