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RESOLUTION NO. ,/;1 %%'7'
RESOLUTIOl\ OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ALL AMERICA CITY COMMITTEE
PROVIDING FOR THE FUNDING OF A FLOAT FOR THE 1978 ROSE PARADE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNAlU>INO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with All America City Committee providing for the
funding of a float for the 1978 Rose Parade depicting the City
of San Bernardino as an "All America City", a copy of which is
attached hereto, marked Exhibit "I" 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 Arda;
day of (j/Jh.v--
{l ?'
, 1977, by the following vote,
meeting thereof, held on
the / %'d
.
to wit:
AYES:
NAYS:
ABSENT:
T2 foregoing
day ofl ""'r
resolution is
no
s to form:
!#3NQ.
LE'O
':.
JUL 201977
J. UCU:'LE GOFORTH, City Clerk
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AGREEMENT
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(tournament of roses float)
THIS AGREEMENT is made and entered into this
day of
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, 1977, by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, hereinafter called "City",
and the ALL AMERICA CITY COMMITTEE, a non-profit association,
hereinafter referred to as "Conunittee".
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WIT N E SSE T H:
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WHEREAS, City has been awarded a classification as an
All America CitY1 and
WHEREAS, the Pasadena Tournament of Roses annually holds
a Rose Parade on the morning of the annual Rose Bowl Football
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Game 1 and
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WHEREAS, an entry fee in the amount of five hundred dollar
($500.00) has been paid in order to secure a place in the 1978
Rose Parade for a City of San Bernardino float1 and
WHEREAS, the cost of designing an appropriate float to
depict the City of San Bernardino as an "All America City",
constructing said float and entering and operating said float in
the Rose Parade is estimated to be the amount of thirty-five
thousand dollars ($35,000.00)1 and
WHEREAS, Conunittee seeks additional financial assistance
from City in order to provide an appropriate float representing
the City of San Bernardino in the 1978 Rose Parade and City
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desires to assist Conunittee in its endeavors to provide a
national public image for CitY1 and
WHEREAS, City desires to provide financial assistance to
the Conunittee in order to have a proper City of San Bernardino
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"
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II
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float in the January 1978 Tournament of Roses Parade,
NOW, THEREFORE, in consideration of the mutual promises,
provisions, covenants and legal detriments herein contained, it
is agreed as follows:
1. Committee agrees to promote a fund raising program
for purposes of obtaining funds for use in designing,
constructing, entering and operating a City of San Bernardino
float in the 1978 Rose Paradel
2. City shall pay to Committee in accordance with the
provisions of this agreement the sum of seventeen thousand five
hundred dollars ($17,500.00) as and for the City's contribution;
3. Committee shall make arrangements with the float
designer and shall have the right to approve the theme and
design of the floatl
4. Should Committee faiL in its efforts to raise the
additional seventeen thousand five hundred dollars ($17,500.00)
required to insure that the City has a proper float in the 1978
Rose Parade, the Mayor and Common Council of City may, in their
sole discretion, increase the maximum City contribution herein-
above provided in paragraph 2 in an amount they so determine,
but any additional contributions by City shall be subject to all
of the terms and conditions of this agreement, except the
maximum limitation provided by paragraph 2 hereofl
5. As a condition to City's making any payments to
Committee hereunder, all agreements entered into with respect
to designing, entering, constructing, and operating the float
in the Rose Parade shall be subject to Committee obtaining the
prior written approval of City's City Administratorl
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6. All sums required to be paid by City hereunder to
Committee shall be paid in such amounts and at such times and
places as determined by City's City Administratori
7. Committee shall file a report showing an accounting of
all expenditures and all revenues received, from all sources
including the City, relative to this agreement. Said report
shall be filed with the City Administrator on or before January
31, 1978J
8. It is understood that the contractual relationship
of Committee to the City is that of independent contractor.
Committee shall be responsible for paying for all costs incurred
in connection with the entire Rose Parade float program from its
inception to final completion, and shall hold City free and
harmless from any and all liability therefor;
9. Committee hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers agents and
employees, harmless from any liability for damages or claims for
damage for personal injury, including death, as well as from
claims for property damage which may arise from Committee's
operations under this agreement, whether such operations be
by Committee or by anyone or more persons directly or indirectly
employed by, or acting as agent for Committee. Committee agrees
to, and shall, defend City and its elective and appointive
boards, commissions, officers, agents and employees from any
suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid
operations.
10. This agreement represents the entire agreement of the
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1 parties and may be amended or modified only by written agreements
2 signed by both parties and failure on the part of either party to
3 enforce any provision of this agreement shall not be construed as
4 a waiver of the right to compel enforcement of such provision or
S provisions, nor act to release any surety from its obligations
6 under this agreement.
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11. This agreement shall not be assigned by Committee
8 without the written consent of City.
9 IN WITNESS WHEREOF, the parties hereto have executed this
10 agreement on the day and year first above written.
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CITY OF SAN BERN
o
ATTEST:
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-/ , 'r
>a;~-r"A/.
C Y C erk
B
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TY COMMITTEE
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By
Co- Chairman
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By
Co-Chairman
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