HomeMy WebLinkAbout1984-178
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RESOLUTION NO.
84-178
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND EMPIRE SYMPHONY ASSOCIATION
3 PROMOTING ARTS AND CULTURE.
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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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of the City of San Bernardino is hereby I
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SECTION 1.
The Mayor
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authorized and directed to execute on behalf of said City an
Agreement with Inland Empire Symphony Association promoting arts
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and culture, a copy of which is attached hereto, marked Exhibit
WAW and incorporated herein by reference as fully as though set
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forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
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the 7th day of
, 1984, by the following vote,
May
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AYES:
Council Members Castaneda. Reilly. I"<arks. Quiel
NAYS:
None
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ABSENT:
Council Hembers Hernandez, Frazier, Strickler
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/' City Clerk
The foregoing resolution is hereby SIlK day
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of
, 1984.
Hay
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Approved as to form:
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City ttorney
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A G R E E MEN T
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~i~t !J1~.y
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(Community Organization)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as .City., and
the INLAND EMPIRE SYMPHONY ASSOCIATION, a California nonprofit
corporation, referred to as .Organization..
The parties agree as follows:
1. Recitals.
(a) Organization has requested financial assistance from
City for the fiscal year 1983-19B4, in order to assist in
defraying the expense of any concert, show, festival or event
sponsored by Organization.
(b) The expenditure is for a valid municipal public purpose,
to wit: for promotion of arts and culture.
2. Payment. City shall pay to Organization during the 1983-
1984 fiscal year, the total sum of THIRTY TBOUSAND DOLLARS
$30,000) at such time or times and in such amount as determined by
the City Administrator and Finance Director of City.
3. Use of Funds. The funds paid to Organization shall be
used solely for the purpose set forth in Paragraph l(b) during the
term commencing on the date of execution of this agreement and
ending on June 30, 1984. A variation in the itemization of costs
not to exceed ten percent shall be allowed, provided the prior
written approval of the Director of Finance of City is first had
and obtained. At the end of the term, all unexpended funds shall
be returned to City by Organization.
4. Accounting. Prior to the final payment under this
agreement, and at such other times as may be requested by the City
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1 ten day written notice to Organization and this agreement shall
2 terminate ten days after the mailing of such notice. In the event
3 this agreement is terminated for reasons of improper use of funds
4 or use of funds for any purpose other than those authorized, any
5 unexpended portion of such funds shall be returned to City. In
6 addition, Organization shall reimburse to City any funds used for
7 any purposes other than those authorized under this agreement.
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8. Assignment. Organization shall not assign its interest
9 in this agreement without the prior written approval of City.
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9. Notices. All notices herein required shall be in writing
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12 prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North wDw Street
San Bernardino, CA 92418
Gerald A. Bean, President
Inland Empire Symphony Assoc.
362 Court Street
San Bernardino, CA 92401
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DATED:
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CITY OF SAN BERNARDINO
ATTEST:
By
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Mayor
City Clerk
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INLAND EMPIRE SYMPHONY ASSOCIATION
By
Title
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Approved as to form:
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1,0 /II- W'
City A torne
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II
Administrator or Director of Finance of City, Organization shall
submit to the City Administrator, with a copy to the Director of
Finance, an accounting of the proposed and actual expenditures of
all revenues accruing to the Organization for the fiscal year
ending June 30, 1984. 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 expenditures of the funds. All books and records of
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Organization are to be kept open for inspection at any time d~i~1
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the business day by the City or its officers or agents.
5. Approval of City of any Charges. City reserves the right
to require Organization to obtain the prior written approval of
City of any charges or fees to be charged by Organization for
attendance at any concert, show, festival or event sponsored by
Organization.
6. 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 activities of Organization.
organization and its employees and agents are independent
contractors and not employees or agents of the City in performing
said services.
7. Termination. City shall have the right to terminate this
agreement and any funding hereunder for any reason by mailing a
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