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RESOLUTION NO.
1':< 1'?,;l.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ALLIED ARTS COUNCIL OF SAN
3 BERNARDINO CONCERNING THE SPONSORING, PUBLICIZING AND PROMOTING
OF THE ARTS AND CULTURAL AFFAIRS OF SAID CITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the city of San Bernardino is
authorized and directed to execute on behalf of said, City an
agreement with Allied Arts Council of San Bernardino concerning
the sponsoring, publicizing and promoting of the arts and
cultural affairs of said City, a copy of 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 Coun~i1 oJ the City of San
Bernardino at ~./~~/.k"""-I) ~~ng thereof, held on the
f'JJ day of .' '. /1EA'// J7f' , 1~7, by the following vote, to wit
AYES: CoU~lmen c;-/;;-?'''''./~J' ~~~ ~""""""'h.
./;<?AJ7' 'Al<!..IJ J,~< ~// J
NAYS: ';}'.;.?~,p /
ABSENT:
The foregoing resolution is hereby
this 9:.1
,
day of
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form:
t e 1ty 0 no
Tempore
FILED
SEP - 21STI
'U~W @J7,O~,iy Clerk
L~~/JIl7'''U''
1
AGREEMENT
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(Allied Arts Council)
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THIS AGREEMENT, covering operations during the fiscal year
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1977-1978, is made and ~ered into
this / day Of-4&
CITY OF SAN BERNARDINO, a municipal
at San Bernardino, California
, 1977, by and between the
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corporation, hereinafter
7 referred to as "City", and ALLIED ARTS COUNCIL OF SAN BERNARDINO,
8 a non-profit corporation, hereinafter referred to as "Contractor"
9 WIT N E SSE T H:
10 WHEREAS, the Mayor and Common Council of the City of San
11 Bernardino have found and determined that it will be to the
12 cultural benefit and advantage of City, and of its inhabitants,
13 to engage the services of the Allied Arts Council for the
14 general purpose of sponsoring, publicizing, and promoting the
15 arts and cultural affairs of said City.
16 NOW, THEREFORE, in consideration of the promises aforesaid
17 all laws governing such matters, and the several and mutual
18 promises and agreements hereinafter contained, the parties hereto
19 do covenant and agree as follows:
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1. Promotion. Contractor agrees that it will use its
best efforts to promote and publicize the cultural life of the
CitYl induce immigration and visitation to said CitYl and cause
to be prepared, published and disseminated bulletins and other
advertising matter relating to such activities in the community.
2. Contractor - Official Aqency. In consideration of the
services to be performed by the Contractor, the City hereby
designates the Contractor as the official agency of the City for
the performance of such services.
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3. Payments. City shall pay Contractor for all publicity
advertising and services conducted under the provisions of this
agreement the sum of four thousand five hundred dollars($4,500),
payable in such amounts and at such times prior to June 30, 1978,
as may be approved by the Director of Finance of City. Said
money shall be used soaely for expenses incurred in promoting
and upgrading the cultural image of the community, together with
the necessary supplies, rental and overhead costs involved.
4. Term. Contractor shall provide such services for the
period commencing July 1, 1977 and terminating June 30, 1978;
provided that either party may terminate this agreement at any
time by giving the other party written notice of such termination
In the 'event Contractor terminates the agreement, City shall not
be obligated to make any payment of monies after the effective
date of termination and Contractor shall reimburse City for any
unused monies paid by City.
5. Relationship of Parties. It is understood that the
contractual relationship of the Contractor to the City is that
of independent contractor.
6. Hold-Harmless Clause. Contractor hereby agrees to, an
shall, hold City, its elective and appointive boards, commissions
officers, agents and employees, harmless from any liability for
damage or claims for damage, including all claims for personal
injury, including death, claims for property damage, and any and
all other claims or liability which may arise from Contractor's
operations under this agreement, whether such operations be by
Contractor or by anyone or more persons directly or indirectly
employed by, or acting as agent for Contractor. Contractor
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agrees to, and shall, defend City and its elective and appointive
boards, commissions, officers, agents and employees from any suit
or actions at law or in equity for damages caused, or alleged to
have been caused, by reason of any of Contractor's operations
hereunder.
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7. Annual Report. Contractor shall submit an annual
1 report relative to its general activities in promoting and
3 publicizing the City, with a detailed report concerning the costs
9 incurred in connection therewith.
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8. Annual Budget. Contractor shall file an annual budget
11 for the subject fiscal year, in the form and manner prescribed by
12 the City Administrator, detailing all estimated expenditures and
13 all revenues expected to be received, from all sources including
14 the City, during the period of this agreement.
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9. Expenditures - Report and Accounting. Contractor
16 shall file a complete report and accounting of all expenditures
17 and all revenues received, from all sources including the City,
18 during the term of this agreement. Said report shall be filed
19 with the City Administrator prior to June 15, 1978.
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10. Amendment. This agreement may be amended or lIIodified
21 only by written agreements signed by both parties and failure on
22 the part of either party to enforce any provision of this agree-
23 ment shall not be construed as a waiver of the right to compel
24 enforcement of any provision or provisions.
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11. Assignment. This agreement shall not be assigned by
26 Contractor without the written consent of City.
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12. Notices. All notices required shall be in writing
28 and delivered in person or sent by registered mail, postage
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IS
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prepaid as follows:
City Administrator
City Hall
300 North "0" Street
San Bernardino, CA 92418
,
Allied Arts Council of San
Bernardino
P. O. Box 103
San Bernardino, CA 92402
IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first above written.
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ATTEST:
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form:
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ALLIED ARTS COUNCIL OF SAN
BERNARDINO
By (JA-IAJ r A.JJ 0 M J
By{J~+R'
FILED
SEP - 21977
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