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CI-R OF SAN BERNARDI~ - REQUan FOR COUNCIL ACQoN
From(
Thelma Press, Liaison Mayor
& Council
Mayor's Office
Subject: Recommendation by Fine Arts Commission
a Grant to the Civic Light Opera
Association - $14,000
Dept:
Date:
June 28, 1988
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Synopsis of Previous Council action:
Recommended motion:
Adopt Resolution.
;;U .R A,A eO / ~
S ignatu re
,
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Contact person:
Thelma Press
Phone:
5114
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
l~ b Co '"
- (
Source: (Acct. No.) 00 l 0"1' S'3('OS-
Amount:
(Acct. DescriPtion)
Finance:
~~
Council Notes:
"700;_n.,..:?
Agenda Item No._
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT
3 OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE.
4 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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SECTION 1.
The Mayor of the City of San Bernardino is
an Agreement with the San Bernardino Civic Light Opera
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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 "A" 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
meeting thereof, held on
day of
, 1988, by the
the
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fol1owing vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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City Clerk
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Approved as to form
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: ~y Attorney
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The foregoing resolution is hereby approved this
day
, 1988.
EVLYN WILCOX, Mayor
City of San Bernardino
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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
CIVIL LIGHT OPERA ASSOCIATION, a non-profit organization,
referred to as .Organization".
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The parties agree as follows:
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l. Recitals.
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A. Organization has requested financial assistance
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from City for the fiscal year 1988-1989, in order to assist in
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defraying the expense of certain concerts, shows, festivals or
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events or activities sponsored by Organization as set forth in
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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 arts and culture, 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 1988-1989 fiscal year, the total sum of TWENTY THOUSAND
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revised 7/18/88
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1 DOLLARS ($20,000.00) 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
4 approved by the Fine Arts Commission.
5 3. Use of Funds. The funds paid to Organization shall be
6 used solely for the purposes set forth in Paragraph I 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, 1989, and any unexpended funds shall be
11 returned to City by Organization. It is agreed that such
12 expended monies shall be paid back to the City out of profits
13 from the sponsored activity which is the subject of this
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15 4. Accountinq. At such time or times as may be requested
16 by the City Administrator or Director of Finance of City,
17 Organization shall submit to the City Administrator, with a copy
18 to the Director of Finance and the San Bernardino Fine Arts
19 Commission, an accounting of the proposed and actual expenditures
20 of all revenues accruing to the Organization for the fiscal year
21 ending June 30, 1989. Financial records shall be maintained in
22 accordance with generally accepted accounting principles by
23 Organization in such a manner as to permit City to easily trace
24 the expenditures of the funds. All books and records of
25 Organization are to be kept open for inspection at any time
26 during the business day by the City or its officers 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
3 from all liabilities and charges, expenses (including counsel
4 fees), suits or losses however occurring, or damages arising or
5 growing out of the use or receipt of the funds paid hereunder and
6 all operations under this agreement. Payments hereunder are made
7 with the understanding that the City is not involved in the
8 performance of services or other activities of Organization.
9 Organization and its employees and agents are independent
10 contractors and are not employees or agents of the City in
11 performing said services.
12 6. Termination. City shall have the right to terminate
13 this Agreement and any funding remaining unpaid hereunder for any
14 reason by mailing a ten-day written notice to Organization and
15 this agreement shall terminate ten days after the mailing of such
16 notice. In the event this Agreement is terminated for reasons of
17 improper use of funds or use of funds for any purpose other than
18 those authorized, any unexpended portion of the funds provided by
19 City shall be returned to City. In addition, Organization shall
20 reimburse to City any funds expended which were used for any
21 purposes other than those authorized under this Agreement.
22 7. Assianment. Organization shall not assign its interest
23 in this Agreement without the prior written approval of City.
24 B. Insurance. Organization shall take out and maintain
25 during the life of this Agreement such public liability and
26 property damage insurance as shall insure City, its elective and
27 appointive boards, commissions, officers, agents and employees,
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1 Permittee and its agents performing acts covered by this
2 Agreement from claims for damages for personal injury, including
3 death, as well as from claims for property damage which may arise
4 from Organization's or its agents' operations hereunder, whether
5 such operations be by Organization or its agents or by anyone
6 directly or indirectly employed by either Organization of its
7 agents, and the amounts of such insurance shall be as follows:
8 (a) Public Liability Insurance. In an amount
9 not less than $100,000 for injuries, including, but not limited
10 to, death, to anyone person and, subject to the same limit for
11 each person, in an amount not less than $100,000 on account of
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anyone occurrence;
13 (b) Property Damage Insurance. In an amount
14 of not less than $50,000 for damage to the property of each
15 person on account of anyone occurrence.
16 9. Entire Aqreement. This Agreement and any documents or
17 instruments attached hereto or referred to herein integrate all
18 terms and conditions mentioned herein or incidental hereto, and
19 supersede all negotiations and prior writing in respect to the
20 subject matter hereof. In the event of conflict between the
21 terms, conditions or provisions of this Agreement, and any such
22 documents or instrument, the terms and conditions of this
23 Agreement shall prevail.
24 10. 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 Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
DATED:
ATTEST:
City Clerk
Approved as to form
and legal content: '
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Civic Light Opera Assoc.
C. Dale Jenks
P.O. Box 606
San Bernardino, CA. 92402
CITY OF SAN BERNARDINO
By
Evlyn Wilcox, Mayor
CIVIL LIGHT OPERA ASSOCIATION
By
C. Dale Jenks
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