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CIG' OF SAN BERNARDO - REQUOT FOR COUNCIL AOON
From: Ralph H. Prince
Dept: City Attorney
Date: December 6, 1985
Subject: Fine Arts Funding
Synopsis of Previous Council action:
12/2/85
Grant allocations, per recommendation of the Fine Arts
Commission, were approved for Theatre Festival for Young
Audiences, San Bernardino Valley Community Concert
Association, The Mexican-American Heritage Pageant,
and Inland Empire Symphony Association.
Recommended motion:
Adopt resolution.
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Ignature
Contact person: Thelma Press
Phone:
5114
Surporting data attached: Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: $34,500
Sou rce:
Arts Fundina
Finance: p a.- C/~
Council Notes:
..."'......."'...
Aqenda Item ~~..
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AGREEMENTS WITH THEATRE FESTIVAL FOR YOUNG AUDIENCES,
3 SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, THE MEXICAN-
AMERICAN HERITAGE PAGEANT, AND INLAND EMPIRE SYMPHONY ASSOCIATION
4 FOR GRANT ALLOCATIONS FOR FISCAL YEAR 1985-1986.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION l. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City
9 agreements with Theatre Festival for Young Audiences, San
10 Bernardino Valley Community Concert Association, the Mexican-
1] American Heritage Pageant, and Inland Empire Symphony Association
12 for grant allocations for fiscal year 1985-1986. A copy of each
13 agreement is attached hereto, marked Exhibit "A" through Exhibit
14 "D", respectively, and incorporated herein by reference as fully
15 as though set forth at length.
]6 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
]8 Bernardino at a
meeting thereof, held on
19 the
day of
, 1985, by the following vote,
20 to wit:
2]
221
23
AYES:
Counc il Members
NAYS:
241
25
ABSENT:
26
271/
City Clerk
/ / / /
/ / / / I
28
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The foregoing resolution is hereby approved this
day
2 of
, 1985.
3
4
Mayor of the City of San Bernardino
5 Approved as to form:
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7 bty lttorney
6
8
9
10
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20
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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 the THEATRE FESTIVAL FOR YOUNG AUDIENCES, a California nonprofit
6 organization, referred to as .Organization..
7 The parties agree as follows:
8 1. Reci tals.
9
A. Organization has requested financial assistance from
10 City for the fiscal year 1985-1986, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or 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 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
22 purpose, to wit:
23 set forth in the
24: 2. Payment.
I
25 Finance Director,
26 for the 1985-1986
for promotion of arts and culture, as more fully
proposal submitted by Organization.
Upon presentation of a claim to the City
City shall pay to Organization from the budget
fiscal year, the total sum of FIVE THOUSAND
27iDOLLARS at
"I e'eni"ed
I
such time or times and in such periodic amounts as
by the City Administrator and Finance Director of the
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1 City, consistent with the grant proposal approved by the Fine Arts
2 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 of San Bernardino. Said funds shall be
8 expended by June 30, 1986, and any unexpended funds shall be
9 returned to City by 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, 1986. Financial records shall be maintained in
17 accordance with generally accepted accounting principles by
18 brganization 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
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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
28
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dr. Ronald E. Barnes
Chairman, Dept. of Theatre Arts
CSU San Bernardino
5500 University Parkway
San Bernardino, CA 92407
/ / / /
/ / / / /
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CITY OF SAN BERNARDINO
By
Mayor
THEATRE FESTIVAL FOR YOUNG AUDIENCES
By
Title
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A G R E E MEN T
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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 the SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, a
6 California nonprofit organization, referred to as "Organization".
7 The parties agree as follows:
8 1. Recitals.
9
A. organization has requested financial assistance from
10 City for the fiscal year 1985-1986, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or 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 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
22 purpose, 'to wit:
23 set forth in the
24 2. Payment.
25 Finance Director,
for promotion of arts and culture, as more fully
proposal submitted by Organization.
upon presentation of a claim to the City
City shall pay to Organization from the budget
26 for the 1985-1986 fiscal year, the total sum of FOUR THOUSAND FIVE
27 HUNDRED DOLLARS at such time or times and in such periodic amounts
28 as determined by the City Administrator and Finance Director of
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1[ the City, consistent with the grant proposal approved by the Fine
I
2ilArts Commission.
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4i used solely for the purposes set forth in Paragraph I and in
I
51 strict compliance with the provisions set forth in the proposal.
~liNO deviation from the proposal shall be made without the express
'I approval of the City of San Bernardino. Said funds shall be
81 expended by June 30, 1986, and any unexpended funds shall be
91 returned to City by Organization.
3 .
Use of Funds.
The funds paid to Organization shall be
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, 1986. Financial records shall be maintained in
!I
17 accordance with generally accepted accounting principles by
18 Organization in such a manner as to permit City to easily trace
191,the expenditures of the funds. All books and records of
20i!organization are to be kept open for inspection at any time during
21 lithe 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
241 from all liabilities and charges, expenses (including counsel
25i fees), suits or losses however occurring, or damages arising or
261'grOWing out of the use or receipt of the funds paid hereunder and
2- I
'Iall operations under this agreement.
28jwith the understanding that the City is not involved in the
Payments hereunder are made
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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 sa id serv ices.
5 6. Termination. City shall have the right to terminate this
6 ~greement 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 ~se 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.
I
17 . 8. Final Report. Prior to June 30, 1986, Organization shall
Iprovide
18 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:
25
City Administrator'
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
San Bernardino Valley Community
Concert Association
422 West 16th Street, Suite 4
P.O. Box 377
San Bernardino, CA 92402
24
26
27
28
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1 DATED
2 CITY OF SAN BERNARDINO
3 ATTEST:
4 By
Mayor
[) City Clerk
(j SAN RERNARDINO VALLEY COMMUNITY
CONCERT ASSOCIATION
i
8 By
9 Title
10
Approved as to form:
11
12 &:tf~
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19
201
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24
25
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1 ~Q~~~~~~!
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 the FRIENDS OF THE MEXICAN-AMERICAN HERITAGE PAGEANT, a California
6 nonprofit organization, referred to as "Organization".
7 The parties agree as follows:
8 1. Red tals.
9
A. Organization has requested financial assistance from
10 City for the fiscal year 1985-1986, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or 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 reference and shall
17 govern the uses of the funds provided herein. The finanrial
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
22 purpose, to wit: for promotion of arts and culture, as more fully
23 set forth in the proposal submitted by Organization.
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 1985-1986 fiscal year, the total sum of FIVE THOUSAND
27 DOLLARS ($5,000) at such time or times and in such periodic
28 amounts as determined by the City Administrator and Finance
t',.
L,;"i C
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1 Director of the City, consistent with the grant proposal approved
2 by the Fine Arts Commission.
I
3 3. Use of Funds. The funds paid to Organization shall be
4, used solely for the purposes set forth in paragraph I and in
5 strict compliance with the provisions set forth in the proposal.
G No deviation from the proposal shall be made without the express
7 approval of the City of San Bernardino. Said funds shall be
8 expended by June 30, 1986, and any unexpended funds shall be
9 returned to City by Organi zat ion.
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, 1986. 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
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1 performance of services or other activities of organization.
2 lorganization and its employees and agents are independent
3 !contractors and are not employees or agents of the City in
I
4 lperforming said services.
I
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.
171 8. Final Report. Prior to June 30, 1986, Organization shall
provide a final report on the project funded by this Agreement in
18
19 accordance with the Criteria for Financial Support heretofore
20, provided by City to Organization.
211
!
22 'and delivered in person or sent by certified mail, postage
9.
Notices.
All.notices herein requi~ed shall be in writing
231 prepaid, addressed as follows:
24 City Administrator
City of San Bernardino
25 300 North "D" Street
San Bernardino, CA 92418
Abelardo Villarreal
701 South Mt. Vernon Avenue
San Bernardino, CA 92410
26
27
28
.
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211
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)1 ATTEST:
I,
4 !!
II City Clerk
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DATED
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CITY OF SAN RERNARDINO
By
Mayor
- -
MEXICAN-AMERICAN HERITAGE PAGEANT
By
8
9
Title
10 Approved as to form:
::~~~
13
14
15
16
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20
21 I
22
23
24
25
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1 ~Q~E!~E~!
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 the INLAND EMPIRE SYMPHONY 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
10 City for the fiscal year 1985-1986, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or 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 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
22 purpose, to wit:
23 set forth in the
24 2. Payment.
25 Finance Director,
for promotion of arts and culture, as more fully
proposal submitted by Organization.
Upon presentation of a claim to the City
City shall pay to organization from the budget
26 for the 1985-1986 fiscal year, the total sum of TWENTY THOUSAND
27 DOLLARS ($20,000) at such time or times and in such periodic
28 amounts as determined by the City Administrator and Finance
. . 0
~~j'~'; '. ~....' I. Ii. .
Director of the
o
City, consistent
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1
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
i approval of the City of San Bernardino. Said funds shall be
8 expended by June 30, 1986, and any unexpended funds shall be
9 returned to City by 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, 1986. Financial records shall be maintained in
Ii 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-
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-
-
c11 C 0 ~
11 performance of services or other activities of Organization.
~! ()r~.lC1niz21tion an,~ its err'ijloYt'('~; ann a~Jt'nts art' indE.'pendenl
'11 COTltractors ilnd ilre not e'mploree's or agents of the City in
, I
41performincl said servicEes.
~ 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 shal:
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 ~e in writing
22 and delivered in person or sent by certified mail, postage
23 prepaid, addressed as follows:
25
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Executive Director
Inland Empire Symphony Assoc.
362 West Court Street
San Bernardino, CA 92401
24
26
27 / / / / /
28
/ / / / /
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10 Approved as to form:
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CITY or ~.:.,,~~ PYF",l,f..;lTr-;()
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INLAND EMPIRE SYMPHONY ASSOCIATIOK
By
Ti tle
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