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HomeMy WebLinkAbout1986-388 1 RESOLUTION NO. 86-388 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ARROWHEAD OPERA INSTITUTE, 3 INLAND EMPIRE SYMPHONY, CIVIC LIGHT OPERA ASSOCIATION, AND LINKS, INC., FOR FINE ARTS GRANT ALLOCATIONS FOR FISCAL YEAR 1986-1987. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 agreement with the Arrowhead Opera Institute, Inland Empire 9 Symphony, Civic Light Opera Association, and Links, Inc. , for 10 fine arts grant allocations for fiscal year 1986-1987. A copy of 11 each agreement is attached hereto, marked Exhibit "A" through 12 Exhibit "D", respectively, and incorporated herein by reference 13 as fully as though set forth at length. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a reQ"ular 17 the 6th day of October 18 to wit: 19 20 21 22 23 24 25 26 of 27 meeting thereof, held on '" . , 1986, by the following vote, AYES: Council Members Estrada, Reilly, Quiel, Frazier, Strickler NAYS: None ABSENT: Council Members Hernandez, Marks The foregoing resolution is ~~~ ./ City Clerk approved this 7cIL day October , 1986. / (/(J~ San B.ernardino 28 t12ved a~z City~ney 1 A G R E E MEN T 2 (Community Organization) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 LINKS, INC., referred to as "Organization". 6 The parties agree as follows: 7 1. Recitals. 8 A. Organization has requested financial assistance from City 9 for the fiscal year 1986-1987, in order to assist in defraying the 10 expense of certain concerts, shows, festivals or events or 11 activities sponsored by Organization as set forth in 12 Organization's grant proposal (hereinafter "the proposal") 13 approved by the Fine Arts Commission of the City, a copy of which 14 proposal is on file in the Office of Cultural Affairs. The terms 15 of the proposal are incorporated herein by reference and shall 16 govern the uses of the funds provided herei~. The financial 17 assistance provided for in this Agreement is made on a one-time 18 only basis, and receipt of said funds shall not imply a continuing 19 obligation of the City beyond the term of this Agreement. 20 B. The expenditure is for a valid municipal public purpose, 21 to wit: to provide financial assistance to the Evergreen Singers 22 who will be presenting a program in Canada in November at the 23 request of the Canadian government. 24 2. Payment. Upon presentation of a claim to the City 25 Finance Director, City shall pay to Organization from the budget 26 for the 1986-1987 fiscal year, the total sum of ONE THOUSAND SIX 27 HUNDRED DOLLARS ($1,600) at such time or times and in such 28 periodic amounts as determined by the City Administrator and 1 performance of services or other activities of organization. 2 organization and its employees and agents are independent 3 contractors and are not employees or agents of the City in 4 performing said services. 5 6. Termination. City shall have the right to terminate this 6 agreement and any funding remaining unpaid hereunder for any 7 reason by mailing a ten-day written notice to organization and 8 this Agreement shall terminate ten days after the mailing of such 9 notice. In the event this agreement is terminated for reasons of 10 improper use of funds or use of funds for any purpose other than 11 those authorized, any unexpended portion of the funds provided by 12 City shall be returned to City. In addition, Organization shall 13 reimburse to City any funds expended which were used for any 14 purposes other than those authorized under this Agreement. 15 7. Assignment. organization shall not assign its interest 16 in this Agreement without the prior written ppproval of City. 17 8. Final Report. Prior to June 30, 1987, Organization shall 18 provide a final report on the project funded by this Agreement in 19 accordance with the Criteria for Financial Support heretofore 20 provided by City to Organization. 21 9. Notices. All notices herein required shall be in writing 22 and delivered in person or sent by certified mail, postage 23 prepaid, addressed as follows: 24 / / / / / 25 26 27 28 / / / / / -3- -, 1 2 3 4 City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dated: (flt~./ c20 )tj/t 5 ATTEST: 6 7 8 9 10 11 12 Approved as to form: 13 ~#11~~/ 14 City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mrs. Mildred Sparks Links, Inc. 701 South Mt. Vernon Avenue San Bernardino, CA 92410 CITY OF SAN BERNARDINO ~l //; .~, / /' 1 1 By '/U_J!lf~~J !A..~ , . / Mayor/ LINKS, INC. -4- 1 A G R E E MEN T 2 (Community organization) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 ARROWHEAD OPERA INSTITUTE, a California nonprofit organization, 6 referred to as "Organization". 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance from City 10 for the fiscal year 1986-1987, in order to assist in defraying the 11 expense of certain concerts, shows, festivals or events or 12 activities sponsored by organization as set forth in 13 rganization'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 f the proposal are incorporated herein by reference and shall ~ ~ 18 assistance provided for in this Agreement is made on a one-time 17 overn the uses of the funds provided herein. The financial 19 nly basis, and receipt of said funds shall not imply a continuing 20 bligation of the City beyond the term of this Agreement. 21 B. The expenditure is for a valid municipal public purpose, 22 to wit: presentation of the opera La Boheme with the San 23 Francisco Opera Company. 24 2. Payment. Upon presentation of a claim to the City 25 Finance Director, City shall pay to Organization from the budget 26 for the 1986-1987 fiscal year, the total sum of FIVE THOUSAND 27 IX HUNDRED DOLLARS ($5,600) at such time or times and in such 28 eriodic amounts as determined by the City Administrator and T 1 Finance Director of the City, consistent with the grant proposal 2 approved by the Fine Arts Commission. 3 3. Use of Funds. The funds paid to organization shall be 4 used solely for the purposes set forth in Paragraph 1 and in 5 strict compliance with the provisions set forth in the proposal. 6 No deviation from the proposal shall be made without the express 7 approval of the City. Said funds shall be expended by June 30, 8 1987, and any unexpended funds shall be returned to City by 9 Organization. 10 4. Accounting. At such time or times as may be requested by 11 the City Administrator or Director of Finance of City, 12 organization shall submit to the City Administrator, with a copy 13 to the Director of Finance and the San Bernardino Fine Arts 14 Commission, an accounting of the proposed and actual expenditures 15 of all revenues accruing to the Organization for the fiscal year 16 ending June 30, 1987. Financial records sha!: be maintained in 17 accordance with generally accepted accounting principles by 18 organization in such a manner as to permit City to easily trace 19 the expenditures of the funds. All books and records of 20 organization are to be kept open for inspection at any time during 21 the business day by the City or its officers or agents. 22 5. Hold Harmless. Organization covenants and agrees to 23 indemnify and save harmless the City and its employees and agents 24 from all liabilities and charges, expenses (including counsel 25 fees), suits or losses however occurring, or damages arising or 26 growing out of the use or receipt of the funds paid hereunder and 27 all operations under this agreement. Payments hereunder are made 28 with the understanding that the City is not involved in the -2- 1 performance of services or other activities of Organization. 2 organization and its employees and agents are independent 3 contractors and are not employees or agents of the City in 4 performing said services. 5 6. Termination. City shall have the right to terminate this 6 agreement and any funding remaining unpaid hereunder for any 7 reason by mailing a ten-day written notice to Organization and 8 this Agreement shall terminate ten days after the mailing of such 9 notice. In the event this agreement is terminated for reasons of 10 improper use of funds or use of funds for any purpose other than 11 those authorized, any unexpended portion of the funds provided by 12 City shall be returned to City. In addition, organization shall 13 reimburse to City any funds expended which were used for any 14 purposes other than those authorized under this Agreement. 15 7. Assignment. organization shall not assign its interest 16 in this Agreement without the prior written approval of City. ~ . 17 8. Final Report. Prior to June 30, 1987, Organization shall 18 provide a final report on the project funded by this Agreement in 19 accordance with the Criteria for Financial Support heretofore 20 provided by City to Organization. 21 9. Notices. All notices herein required shall be in writing 22 and delivered in person or sent by certified mail, postage 23 prepaid, addressed as follows: 24 / / / / / 25 26 27 28 / / / / / -3- 1 2 3 4 5 6 7 ~~t?J~tt/ ei ty Cle'rk Colene Schwandt Arrowhead Opera Institute 11590 Richardson Street Lorna Linda, CA 92354 city Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dated: M~ /Z/flJt CITY SAN BERNARDINO ATTEST: By Mayor 8 9 10 11 ARROWHEAD OPERA INSTITUTE By 6/~~~ Titl~ fA~,,-:; 12 Approved as to form: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .u~~/ -4- l 1 A G R E E MEN T 2 (Community organization) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 CIVIC LIGHT OPERA ASSOCIATION, a California nonprofit 6 organization, referred to as "Organization". 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance from City 10 for the fiscal year 1986-1987, in order to assist in defraying the 11 expense of certain concerts, shows, festivals or events or 12 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 r~!erence 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 continuing 20 obligation of the City beyond the term of this Agreement. 21 B. The expenditure is for a valid municipal public purpose, 22 to wit: to assist 23 Opera facilities. 24 2. Payment. 25 Finance Director, 26 for the 1986-1987 in the operating costs of the Civic Light Upon presentation of a claim to the City City shall pay to Organization from the budget fiscal year, the total sum of THREE THOUSAND 27 FIVE HUNDRED SEVENTY-FIVE DOLLARS ($3,575) at such time or times 28 and in such periodic amounts as determined by the City 1 Administrator and Finance Director of the City, consistent with 2 the grant proposal approved by the Fine Arts Commission. 3 3. Use of Funds. The funds paid to Organization shall be 4 used solely for the purposes set forth in Paragraph 1 and in 5 strict compliance with the provisions set forth in the proposal. 6 No deviation from the proposal shall be made without the express 7 approval of the City. Said funds shall be expended by June 30, 8 1987, and any unexpended funds shall be returned to City by 9 organization. 10 4. Accounting. At such time or times as may be requested by 11 the City Administrator or Director of Finance of City, 12 organization shall submit to the City Administrator, with a copy 13 to the Director of Finance and the San Bernardino Fine Arts 14 Commission, an accounting of the proposed and actual expenditures 15 of all revenues accruing to the Organization for the fiscal year 16 ending June 30, 1987. Financial records shall be maintained in ~ 17 accordance with generally accepted accounting principles by 18 organization in such a manner as to permit City to easily trace 19 the expenditures of the funds. All books and records of 20 Organization are to be kept open for inspection at any time during 21 the business day by the City or its officers or agents. 22 5. Hold Harmless. Organization covenants and agrees to 23 indemnify and save harmless the City and its employees and agents 24 from all liabilities and charges, expenses (including counsel 25 fees), suits or losses however occurring, or damages arising or 26 growing out of the use or receipt of the funds paid hereunder and 27 all operations under this agreement. Payments hereunder are made 28 with the understanding that the City is not involved in the -2- 1 1 performance of services or other activities of Organization. 2 Organization and its employees and agents are independent 3 contractors and are not employees' or agents of the City in 4 performing said services. 5 6. Termination. City shall have the right to terminate this 6 agreement and any funding remaining unpaid hereunder for any 7 reason by mailing a ten-day written notice to organization and 8 this Agreement shall terminate ten days after the mailing of such 9 notice. In the event th~s agreement is terminated for reasons of 10 improper use of funds or use of funds for any purpose other than 11 those authorized, any unexpended portion of the funds provided by 12 City shall be returned to City. In addition, Organization shall 13 reimburse to City any funds expended which were used for any 14 purposes other than those authorized under this Agreement. 15 7. Assignment. Organization shall not assign its interest 16 in this Agreement without the prior written ?pproval of City. 17 8. Final Report. Prior to June 30, 1987, Organization shall 18 provide a final report on the project funded by this Agreement in 19 accordance with the Criteria for Financial Support heretofore 20 provided by City to Organization. 21 9. Notices. All notices herein required shall be in writing 22 and delivered in person or sent by certified mail, postage 23 prepaid, addressed as follows: 24///// 25 26 27 28 / / / / / -3- 1 2 3 4 City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dated: (&~ /b/ /f'I? 5 ATTEST: 6 7 8 9 10 11 12 Approved 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Dale Jenks Civic Light Opera Association 2079 North "E" Street San Bernardino, CA 92405 CITY OF SAN BERNARDINO 0" ~2[~ By (p=-<At!<-,~ ~ ' L ,/ ~ / 1 ayor. CIVIC LIGHT OPERA ASSOCIATION By Title -4- 1 A G R E E MEN T 2 (Community Organization) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 INLAND EMPIRE SYMPHONY, a California nonprofit organization, 6 referred to as "Organization". 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance from City 10 for the fiscal year 1986-1987, in order to assist in defraying the 11 expense of certain concerts, shows, festivals or events or 12 activities sponsored by Organization as set forth in 13 Organization's grant proposal (hereinafter Nthe 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 continuing 20 obligation of the City beyond the term of this .Agreement. 21 B. The expenditure is for a valid municipal public purpose, 22 to wit: presentation of the second annual symphony Sinfonia 23 Mex icana. 24 2. Payment. Upon presentation of a claim to the City 25 Finance Director, City shall pay to Organization from the budget 26 for the 1986-1987 fiscal year, the total sum of TWO THOUSAND 27 DOLLARS ($2,000) at such time or times and in such periodic 28 amounts as determined by the City Administrator and Finance EXHiBiT B 1 Director of the City, consistent with the grant proposal approved 2 by the Fine Arts Commission. 3 3. Use of Funds. The funds paid to organization shall be 4 used solely for the purposes set forth in Paragraph 1 and in 5 strict compliance with the provisions set forth in the proposal. 6 No deviation from the proposal shall be made without the express 7 approval of the City. Said funds shall be expended by June 30, 8 1987, and any unexpended funds shall be returned to City by 9 organization. 10 4. Accounting. At such time or times as may be requested by 11 the City Administrator or Director of Finance of City, 12 organization shall submit to the City Administrator, with a copy 13 to the Director of Finance and the San Bernardino Fine Arts 14 Commission, an accounting of the proposed and actual expenditures 15 of all revenues accruing to the Organization for the fiscal year 16 ending June 30, 1987. Financial records shall be maintained in 17 accordance with generally accepted accounting principles by 18 organization in such a manner as to permit City to easily trace 19 the expenditures of the funds. All books and records of 20 Organization are to be kept open for inspection at any time during 21 the business day by the City or its officers or agents. 22 5. Hold Harmless. Organization covenants and agrees to 23 indemnify and save harmless the City and its employees and agents 24 from all liabilities and charges, expenses (including counsel 25 fees), suits or losses however occurring, or damages arising or 26 growing out of the use or receipt of the funds paid hereunder and 27 all operations under this agreement. Payments hereunder are made 28 with the understanding that the City is not involved in the -2- 1 performance of services or other activities of Organization. 2 organization and its employees and agents are independent 3 contractors and are not employees or agents of-the City in 4 performing said services. 5 6. Termination. City shall have the right to terminate this 6 Agreement and any funding remaining unpaid hereunder for any 7 reason by mailing a ten-day written notice to Organization and 8 this agreement shall terminate ten days after the mailing of such 9 notice. In the event this Agreement is terminated for reasons of 10 improper use of funds or use of funds for any purpose other than 11 those authorized, any unexpended portion of the funds provided by 12 City shall be returned to City. In addition, Organization shall 13 reimburse to City any funds expended which were used for any 14 purposes other than those authorized under this Agreement. 15 7. Assignment. Organization shall not assign its interest ~ . 16 in this Agreement without the prior written approval of City. 17 8. Final Report. Prior to June 30, 1986, Organization shall 18 provide a final report on the project funded by this Agreement in 19 accordance with the Criteria for Financial Support heretofore 20 provided by City to Organization. 21 9. Notices. All notices herein required shall be in writing 22 and delivered in person or sent by certified mail, postage 23 prepaid, addressed as follows: 24 25 26 27 / / / / / City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Executive Director Inland Empire Symphony Assoc. 362 West Court Street San Bernardino, CA 92401 / / / / / 28 -3- 1 &dk cr. N !~ DATED 2 ATTEST: 3 4 ~#Pt?~~1h -e'i ty Clerk 5 6 7 8 9 10 Approved as to form: 11 c&::::~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO By I~r-~~/l ?(~ Mayor INLAND EMPIRE SYMPHONY ASSOCIATION By ~0rl1 ::f~ Title ~.;",-- ~c/;l;k -4-