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12/17/87
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXICDfIOR OP AN AGREEMENT WITH THE STURGES CENTER THEATRE COMPANY
FOR Tal PROROTION 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
herby authorized and directed to execute on behalf of said City
an Agreement with the Sturges Center Theatre Company for the
promotion of arts and culture, a copy of which is attached
hereto, marked Exhibit "AR 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
____, 1987, by the
the
day of
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
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12/17/87
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Resolution Authorizing the Execution of Agreement etc (Sturges
Center Theatre Company) Cont'd
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of
!he foregoing resolution is hereby approved this
, 1987.
day
Mayor of the City of San Bernardino
Approved as to form
and legal content:
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pty Attorney
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AGREEMENT
i (Fine Arts Funding)
!wISA~EMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
STURGES CENTER THEATRE COMPANY, 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
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
20 continuing obligation of the City beyond the terms of this
21 Agreement.
22 B. The expenditure is for ~ valid municipal public
23 purpose, to wit: for the promotion of arts and culture, as more
24 fully set forth in the proposal submitted by Organization.
25 2. Pavment. Upon presentation of a claim to the City
26 Finance Director, City shall pay to Organization from the budget
27 for the 1987-1988 fiscal year, the total sum of TEN THOUSAND
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1 DOLLARS ($10,000.00) at such time or times and in such periodic
2 amouat~ as determined by the City Administrator and Finance
3 Director of the City, consistent with the grant proposal approved
4 by the Fine Arts Commission.
S 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. Accountinq. 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 and 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 Organisation 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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growing out of the use or receipt of the funds paid hereunder and
all o,.~ations under this agreement. Payments hereunder are made
with t.. 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 are not employees or agents of the City in
performing said services.
6. Termination. City shall have the right to terminate
this Agreement and any funding remaining unpaid 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 Agreement.
7. Assiqnment. Organization shall not assign its interest
in this Agreement without the prior written approval of City.
8. Final Report. Prior to June 30, 1988, Organization
shall provide a final report on the project funded by this
Agreement in accordance with the Criteria for Financial Support
heretofore provided by City to Organization.
9. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North -D- Street
San Bernardino, CA. 92418
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ATTEST:
City Clerk
Approved as to form
and legal co~tent:
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(fty Attorney
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Sturges Center Theatre Company
Mr. Barry Devine
P. O. Box 737
San Bernardino, CA 92402
CITY OF SAN BERNARDINO
By
STURGES CENTER THEATRE COMPANY
By
Title
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