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Home My WebLink About12793 .. . 27 28 1 RESOLUTION NO. /cf';?/~9,g-- 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITIi THE SAN BERNARDINO SYMPHONY 3 ASSOCIATION RELATING TO AN OUTDOOR CONCERT TO BE PRESENTED BY THE SAN BERNARDINO SYMPHONY ORCHESTRA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 authorized and directed to execute on behalf of said City an 8 agreement with the San Bernardino Symphony Association relating 9 to an outdoor concert to be presented by the San Bernardino 10 Symphony Orchestra, a copy of which is attached hereto, marked 11 Exhibit "A" and incorporated herein by reference as fully as thoug 12 set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and,common council of the City of San Bernardino at ~/..ifjMh-J-/7//../) .,-1r~./'J meeting thereof, on the dlc31# day of Q;?7r ' 1977, by the following vote, to wit: 15 16 17 held 18 AYES: Councilmen 19 20 NAYS: ABSENT: ~ 21 22 c-</.--'~/~ ~d ~ C1ty ~ The foregoing resolution is hereby approved this ,2S'ti-day 977~ ,1977. 23 24 25 26 no of v . . "'~\j~' "..;". - -" . . ... ~_ r, co_.. L. !It ~6i''...' E..' D.... 1:,,,, 1 I; " 2 3 4 5 1 il I A G R E.E MEN! (All America City Concert) THIS AGREEMENT is made and entered into this --;J;;77 ' 1977, by and between the CITY OF a municipal corporation, hereinafter referred to as ,;17tJ day of i I SAN BERNARDINO 1 "City", and I 6 the SAN BERNARDINO SYMPHONY ASSOCIATION, a nonprofit unincorporate 7 association, hereinafter referred to as "Association". 8 WIT N E SSE T H: ---------- 9 WHEREAS, the City of San Bernardino has achieved an 10 exemplary honor in being selected as an All America CitY1 and 11 WHEREAS, a Memorial Day Parade and celebration has been 12 planned in order to permit local residents to celebrate the 13 accomplishments of their community and to learn more about this 14 well-deserved recognition, and 15 WHEREAS, the City is planning a free outdoor concert to be 16 presented by the San Bernardino Symphony Orchestra at the City 17 Hall on the evening of May 30, 19771 and 18 WHEREAS, the Mayor and Common Council of the City of San 19 Bernardino have found and determined that it will be for the 20 convenience, benefit and advantage of the City and its inhabitants 21 to assist the Association in paying union musicians for the 22 concert to be presented to help San Bernardino celebrate its 23 being named an All America City, 24 NOW, THEREFORE, in consideration of the promises aforesaid, 25 all laws governing such matters, and the several and mutual " 26 promises and agreements hereinafter contained, the parties hereto 27 do covenant and agree as follows: 28 ...., :....,.,.. 1. Amount. City shall pay to AssociatIon .the'iJum of two ::;;,.+ ...~.~""~ .t~~'" ...:";.....:;:. ,';~- ,,:;,. t::."-": 1'1 1 2 thousand seven hundred, seventy-five dollars ($2,775.00) upon 3 execution of this agreement as and for its share of the cost of a I I concert as set forth in Exhibit RI". Ii II II used by it solely for the purposes set forth in Exhibit. RIR 'I II attached hereto and incorporated herein by reference to provide a il free outdoor concert to be presented by the San Bernardino II Symphony Orchestra at the City Hall on the evening of May 30, I: . Ii 111977 . II at 9:00 p.m. II 3. Expenditures - Report and Accounting. Association I I I shall file a complete report and accounting of all expenditures II and all revenues received from all sources including the City. :1 Said report shall be filed with the City Administrator on June 1, 4 2. Use of Funds. The funds paid to Association shall be 5 6 7 8 9 Said concert shall begin promptly at 7:30 p.m. and conclude 10 11 12 13 14 15 1977 . 16 4. Relationship of Part.ies. It is understood that the 17 contractual relationship of Association to the City is that of 18 independent contractor. 19 5. Hold-Harmless Clause. Association hereby agrees to, 20 and shall, hold City, its elective and appointive boards, 21 commissions, officers, agents and employees, harmless from any 22 liability for damage or claims for damage for personal injury, 23 including death, as well as from claims for property damage which 24 may arise from Association I s operations under this agre.ement, 25 whether such operations be by association or by anyone or more 26 persons directly or indirectly employed by, or acting as agent 27 for Association. Association agrees to, and shall, defend City 28 and its elective and appointive boards, commissions, officers, -2- \j 1 :1 'j: I I I agents and employees from any suits or actions at law or in 2 equity for damages caused, or alleged to have been caused, by 3 reason of any of the aforesaid operations. 4 6. Amendment. This agreement may be amended or modified 5 only by written agreements signed by both parties and failure on 6 the part of either party to enforce any provision of this agree- 7 ment shall not be construed as a waiver of the right to compel 8 enforcement of such provision or provisions. 9 7. ASsignment. This agreement shall not be assigned by 10 Association without the written consent of City. 11 8. Notices. All notices herein required shall be in 12 writing, and delivered in person or sent by certified mail, 13 postage prepaid, addressed as follows: 14 15 16 City Administrator City Hall 300 North "D" Street San Bernardino, CA 92418 San Bernardino Symphony Association P.O. Box 2312, Uptown station San Bernardino, CA 92406 17 IN WITNESS WHEREOF, the parties hereto have executed this 18 agreement on the day and year first above written. 19 20 ATTEST: 21 22 23 SAN BERNARDINO SYMPHONY ASSOCIATION 24 25 26 27 28 :~~~~ t(J'-;;':" '..... C .....~jr_..- ,.';, ~ '. '"~ "'I.,"Ji ~'If;~'li: ~~~"'.-.:'" . ~l i>.', fl ,. _, ,_,.;,__.~ ,,..,,,.....:' C,; r"~ . ~ ~ t.,,,,,,,, ~~,r L :t";:-- :t "._\. '1'! -3- May 12, 1977 ,'( '(i~)\~ i 'et ~"'~]," \,;" 1"'1 I:~AN flERtyf;RI?/1'J9 ~ ; < ~ ' , ~. . l"'" ~ <1/"",-. .1"- '. . t, 0 ~!,mpboti!' ~550cuition Mr. David Light Mayor's Office city of San Bernardino 300 North D Street San Bernardino, CA 92401 Subject: San Bernardino Symphony Orchestra Concert All America City Celebration, Monday, May 30, 1977 Dear Dave: The enclosed is the kind of letter that must be submitted by the City in order to have the Musician's Union contribute $1000 toward the cost of the musicians. The total cost for musicians will be $2625 and the cost to the City is $1625. After the union representative receives ~his letter and check he will submit it to the New York office. The New York office deposits the check and then pays each of the musicians directly by mail. The other expenses will be to pay Maestro Alberto Bolet, the director $800, Maria Bolet, the guest artist $200 and music rental which will be approximately $150. This brings the total cost of the concert to $2775.00. Without the union contribution, the cost would be $3775.00. The program for the evening is as follows: Suite from "Carmen". . . . . . . . . . . Georges Bizet Slavonic Dance. . . . . . . . Anton Dvorak Waltz of the Flowers. . . . . . . . . . . Tschaikowsky Main Street Rhapsody. . . . . . . . . . Don R. George Strike up the Band . . . . . . . . G. Gershwin Selections from "South Pacific". . .Richard Rogers Londonderry Air. . . . . . Popular Tarantelle . . . . . G. Rossini El Relicario . . . . . . .Jose Padilla 'e'- Adela Maria Bolet, Bolet is the guest .; . daughter of musical director Maestro: Al,bertq. artist and will perform Spanish dances. ,... "~.- ~ .....i.-::-:. 11.".,.... ,.. . j~..';i:..;l!, ,'i3.~ it::J. ~~(\'.: , EXHIBIT "I" P. 0. Box 2312, Uptown Stotion Son Bernardino, Colifornia 92406 , . . May 12, 1977 Mr. David Light Page 2 We are assuming that the City will have the necessary means for printing a program. It is understood that the platform where the musicians will be per- forming will be set up by Bob Henley's committee along with provision for lights and a microphone. We expect the concert to begin promptly at 7:30 p.m. and conclude -. at 9:00 p.m. If you have any questions, please do not hesitate to contact me. Sincerely, . Joseph K. Thomas esident Elect JKT:bl