HomeMy WebLinkAbout56-Mayor
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AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF sa. BERNARDINO, a municipal corporation, referred to
d. ~"......
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as "City", and The Sunset Group a 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 1988-89, in
order to assist in defraying the expense of certain
concerts, shows, festivals or events or activities
sponsored by Organization as set forth in Organi-
zation'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 of the proposal are
incorporated herein by reference and shall govern the
uses of the funds provided herein. The financial
assistance provided for in this agreement is made on a
one-time only basis, and receipt of said funds shall
not imply a continuing obligation of the City beyond
the terms of this Agreement.
B. The expenditure is for a valid munici-
pal public purpose, to wit: for the promotion of
visual arts in art appreciation in San Bernardino, as
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more fully set forth in the proposal submitted by
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Organization.
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2 .
Payment. Upon presentation of a claim to
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10-12-89 28
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the City Finance Director, City shall pay to Organiza-
tion from the budget for the 1989-90 fiscal year, the
total sum of twenty-five thousand dollars, to cover the
costs per the Fine Arts grant application agreement.
3. Use of Funds. The funds paid to Organi-
zation shall be used solely for the purposes set forth
in Paragraph 1 and in strict compliance with the
provisions set forth in the proposal. No deviation
from the proposal shall be made without the express
approval of the City of San Bernardino. Said funds
shall be expended by June 30, 1990 and any unexpended
funds shall be returned to City by Organization.
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4. Accountinq. At such time or times as may
be requested by the City Administrator or Director of
Finance of City, Organization shall submit to the City
Administrator, with a copy to the Director of Finance
and the San Bernardino Fine Arts Commission, an
accounting of the proposed and actual expenditures of
all revenues accruing to the Organization for the
fiscal year ending June 30, 1990. Financial records
shall be maintained in accordance with generally
a~cepted accounting principles by Organization in such
a manner as to permit City to easily trace the expendi-
tures of the funds. All books and records of
Organization are to be kept open for inspection at any
time during the business day by the City or its
officers or agents.
5. Hold Harmless. organization covenants and
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10-12-89 28
agrees to defend, indemnify, and hold harmless the city
_~ its employees and agents from all liabilities and
i~".
~ charq..,~~.xp.nses (including counsel fees), suits or
... .. .~c'. '::... j ..
10.... however occurring, or damages arising or growing
out of the use or receipt of the funds paid hereunder
and all operations under this agreement. Payments
hereunder are made with the 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 performinq
said services.
6.
Termination
City shall have the right to
terminate this Agreement and any funding remaining un-
paid 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. Insurance. organization shall take out
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10'-12-89 28
and maintain during the life of this Agreement such
public liability and property damage insurance as shall
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insure City, its elective and appointive boards,
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commi..ions, officers, agents and employees, permittee
and its agents performing acts covered by this
Agreement from claims for damages for personal injury,
including death, as well as from claims for property
damage which may arise from Organization's or its
agents' operations hereunder, whether such operations
be by Organization or its agents or by anyone directly
or indirectly employed by either Organization or it.
agents, and the amounts of such insurance shall be a.
follows:
(a) Public Liability Insurance. In an
amount not less than $100,000 for injuries, including,
but not limited to, death, to anyone person and,
subject to the same limit for each person, in an amount
not less than $100,000 on account of anyone
occurrence;
(b) Property Damage Insurance. In an
amount of not less than $50,000 for damage to the
prpperty of each person on account of anyone occur-
rence.
City shall be set forth as an additional
named insured in each policy of insurance provided
hereunder.
9. organization hereby convenants that it has
taken all actions necessary to make the adherence to
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10-12-89 28
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the obligations imposed by this agreement a binding
obligation of the organization.
10. Notices. All notices herein required
shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
As to City:
As to organization:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
The Sunset Group
Attn: Mervyn Simchowitz
225 W. Hospitality Ln., #100
San Bernardino, CA 92408
11. Maintenance of Sculpture . At all times
contemplated herein, organization shall keep, maintain
and repair that work of art which is the subject of
this agreement and shall keep it in such condition as
is appropriate for its proper presentation to the
general public. Such appropriateness shall be as
determined by the Fine Arts Commission of the City. Any
decision of the Fine Arts Commission with respect to
such maintenance may be appealed to the Mayor and
Common Council as provided in SBMC 2.64. The decision
of the Mayor and Common Council shall be final.
12. Upon dissolution or deactivation of organi-
zation either in its entirety of its operation or as to
that portion of its operation charged with the main-
tenance of the subject art work, such art work shall be
come the property of the city of San Bernardino. Such
art work shall be delivered to a place, within the City
of San Bernardino, designated by the Fine Arts
Commission. Upon delivery, the Fine Arts Commission
shall then be charged with the future placement and
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lO~12-89 28
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maintenance of the art work.
13. Upon removal by organization, its successor,
assigna, or designees of the subject art work beyond
the then existing boundaries of the City of San
Bernardino, the entire amount of the monies provided
pursuant to this agreement shall become immediately due
and payable to the Fine Arts Commission of the City of
San Bernardino. Said sum shall be a debt of the
organization, its successors assigns and designees.
Said debt shall be collectable using any means avail-
able for the collection of debt in the State of
California. Said debt shall accrue interest at the
rate of 7% per annum from the date the subject art work
is removed beyond the City limits. City shall be
entitled to reasonable costs of collecting the debt.
This paragraph shall also apply to the intentional
destruction of the work of art by organization, its
successors, assigns and designees.
14. Entire Aqreement. This Agreement and any
documents or instruments attached hereto or referred to
herein integrate all terms and conditions mentioned
herein or incidental hereto, and supersede all negotia-
tions and prior writing in respect to the subject
matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and
any such document or instrument, the terms and condi-
tions of this Agreement shall prevail.
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I Ac;l~~'T BETIvE~~" THE~L'i OF SA':J BEH~io'.RDINO ANI) 'I'HS Su~SET GRCUP FOR THE
FDJE ARTS FUNLlD.Jr
10-12-89 28
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DATED:
5 ATTEST:
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8 City Clerk
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CITY OF SAN BERNARDINO
Organization
Approved as to form and legal content:
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(jity Attorney
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CITY, OF SAN BER~RD;NO - ~UEST ~ COUNCIL ACTION
From: Thelma Press, Liaison, Mayor
and Council
Subject: Recommendation by Fine Arts Commission
Grant to The Sunset Group - $25,000
Dept:
Date: August 22, 1989
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
~~
Signature
Contact person: Thelma Press
Supporting data attached: Yes
Phone: ext. 5114
Ward:
FUNDING REQUIREMENTS:
Amount: $25,000
Source: (Acct. No.) 001-091-!i360S- S311~
(Acct. DescriPtion)
Arts Fundinq
Finance:~ (~ () t4.r-
Council Notes:
Agenda Item NO.~ /J
75-0262
C
CITY, OF SAN BERNARDINO
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- REQUEST FOR COUNCIL ACTION
STAFF REPORT
The grant request for a life size bronze sculpture
"Raindancer" to be placed in The Plaza Area of the Plaza
Development situated at the northwest corner of Hunts Lane
and Hospitality Lane in Sunwest Professional Park. This is
the first request for a Visual Arts Grant. (This has already
been installed).
The Fine Arts Commission voted to fund for the following
reasons:
1. The half percent collected from commerical develop-
ment to the arts has enabled San Bernardino to grow
culturally.
2. The granting of funds has been up to now only to
the Performing Arts.
3. There is a great need for the beautification of San
Bernardino through the Visual Arts and the
Commission is , hoping to place other sculptures in
different sectors of our City . "
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4. This particular sculpture has a'security system for
its protection.
The Commission members nave added the following stipulations:
1. Applicant/Company will be responsible for mainten-
ance of the sculpture/projec~.
2. If the Applicant/Company dissolves, the sculpture/
project will be returned to the City of San
Bernardino, ATTENTION: Fine Arts Commission.
3. If the Applicant/Company decides to move the
sculpture/project out of the city, the monies
originally funded must be pel.idback to the City of
San Bernardino, ATTENTION: Fine Arts Commission.
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The grant request in the amount of $25,000 was approved by
the Fine Arts Commission at their meeting?n July 14, 1989.
75-0264 j
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Ralndancer (lIfeslze)
Dreams
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Saturn
America's Cup
2086
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BENNETT SCULPTURE
Studios S Foundry
4505 Greenstone Road
Placerville. CA 95667
(916) 933.0738
3iiBENNETT
SCULPTURE
ARTISTS: Tom Bennett
Bob Bennett
Limited Edition
Bronze Sculpture
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NEED STATEMENT
The Plaza, located on Hospitality Lane, is at the center of
t~,e Commercenter, witidn waH:ing distance from botb ene::: of
:~ospitality Lane. The Plaza '.;ill coast such rE:stc:urant u:::er::: .:1::
~hE: Good Earth ~estaurant, Tte Crient Express, Philly Steak
Sandwich Shop, and an Italian restaurant; these restaurant: will
'.::enerc.te a large voluue of i';al!~ ing traff ic. The Plaza lias
created a food court atmosphere ~ith outside eating ~reas. This
sculpture will not only r-roLote the arts wiU:in OUr rrofessional
co;;;r;,unity, but will be a :::,taterl,ent to the E.any visitors, toth
business and personal, that visit Hospitality Lane that S~n
Bernardino is a city of culture and a supporter of the arts.
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INTENDED RESULTS
THIS ARTHORK WILL BE VIEWED BY AN ESTIMATED 9,000 VEHICHLES PER DAY,
AS PROJECTED BY EXHIBIT "B", AND AN ESTIMATED 2,000 PEDESTRIANS.
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.
,Sin &ertl.u cUrto City
fine Aru Commi.Won
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ORc;AN1ZA ~ ~ilAN'T APPL!CA nON FORW
I. AppUcant Orpnizat.ion ame,
.
tact .1On MERVYN ~mH.l. z
Title PRESIDENT 714) 381-438
THE SUNSET GROUP
225 W. HOSPITALITY LN., #100
SAN BERNARDINO, CA 92408
ID. Pro.,.. Cafe...y Under Which Suppon
11 aequesteda SPECIAL PROJECTS
~iod of Support Requated
Phone ( 7 1 4) 3 8 1 - 4 3 81
CA State Non-Profit 10' N/A
Number 0' Yurs in Existence N/A
N/A
awtin&J
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(Endir\&J
v. Summuy 0' Project DelCl'ipUGna LIFESIZE BRONZE SCULPTURE "RAINDANCER" BY
ARTISTS BOB & TOM BENNETT TO BE PLACED IN 'fHE PLAZA AREA t1fJ THE
PLAZA DEVELOPMENT SITUATED AT THE NORTHHEST CORNER OF HUNTS LANE
i\ND HOSPITALITY LANE IN THE SUNUEST PROFESSIONAL PARK.
VI. C$U,T..i6d O\MTlbti 01 .-nons expected to benefit from dUa ptoaram/ptojec1l SEE ATTACHED
a) Number of perlOl\l by paid att8ndancm NONE DENUGKA.PHICS AND
b) Number of pel'1GM by fr_ or complim..,-wy-.-isaioN FREE TO TRAFFIC COUNTS
ALL .pUBLIC
YD. Need statemena
SEE ATTACHED
ViiI. Intended ResWtSI
SEE ATTACHED
IX. Summary 01 Estimated COSUI
"'. Direct Cosu
S~ies and wages
Supplies ~ Materia.ls
Travel
Fixed Assets/RentalS or 'Leases
Fees and Other INSTALLATION
TOT AL COSTS OF PROJECT
TOTAL DIRECT COSTS
TOTAL PROJECT COSTS ~ 29.576.66
B. Indirect Costs
x. Organi.ution anticipated flRUng/expensesa
^. Ex~ N/A
B. Revenues, Grants, Contributions, etc.
Actual Most Recent
Fisc.a.l Period
$
$
Estima ted This
Fiscal Period
$
$
Xl. Tota! amount requested from San Bernardino City Fine "'rts Commi.ss!on
NOTE: AmoU1t Requested $ 29, 576 . 66
P Ius toW revenues, $ - 0 -
grants, COft1:ribuuons, etc.
Must equal tow project $ 29, 57 G . 66
costs above
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xu. CER TlFICA nON:
Project Officer PATRICIA GREEN
Phone Number (714) 381-4381
Title
Data
VICE PRESIDENT
5/3/89
1
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Oate: 6/15/88
INVOICE
3iBEN'ETT
SCUlPTURE
t~~
2040 0
Sold To: ICON GENERAL CONTRACTORS
225 W. HOSPITALITY LANE STE 100
SAN BERNARDINO, CA 92408
Phone #: 7 14 888 - 7 2 0 1
Carmel/Carmel Plaza 408-625-1085
San Carlos 408-624-2470.
Dallas/Galleria 214-387 -4278
Honolulu/Hyatt Regency Waikiki 808-926-5533
La Jolla 619-454-5257
Maui 808-661-5538
Placerville/Foundry 916-933-0738
San Francisco/Wharf 415-673-1230
Scottsdale/Main St. 602-946-4552
Summit/Lake Tahoe 916-659-7359
Ship To: THE PLAZA (ICON)
CORNER OF HUNTS LANE AND
HOSPITALITY LANE
SAN BERNARDINO, CA 92408
RAINDANCER
25,000
LESS DEPOSIT P~ID
(10,OOOl
BALANCE DUE
15,000
Special Instructions:
15,000
Subtotal
Sale. Tax
Shipping
Total
15.000
Cash a Check 0 Credit Card - Amex a MC a VISA a
Exp. Date
Ship: Gallery a Foundrya Taken a
Certificate:
Take'n a Send a
ALL SALES FINAL
Gallery
Salesperson
GREENSTONE
CARRIE BENNETT
Customer Signature
ON FILE
Ship By Date
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GENERAL CONTRACTORS
November 23, 1988
Patricia Green
SUNSET REAL ESTATE CORP.
DBA: The Sunset Group
225 W. Hospitality Ln.
Suite 100
San Bernardino, CA 92408
Dear Pat,
,"""",,,
Following is a breakdown of costs incurred on the monument as
per the attached invoices.
Monument Pedistal
Materials:
95 block @ $1.05 each + 6%
63 mushroom caps @ ~8aeach +6%
1 yard concretegro~t @ $75.00 e~ch
1-2/3 yards concrete fboting @ $75.00
100 ceramic hand painted tiles
Labor:
Footings - cost to dig and pour,
one man, eight hours @ $30.00/hr.
Block laying - $3.00 per block
Grouting - two men for two hours
Capping - $3.00 per unit (laying)
Cuts -eight pieces per radius, four
radi @ $2.00 per cut
8 Hours of labor for placement of
hand painted .tiles
Total cost of materials and labor:
~
105.74
54.18
75.00'
123.75
1,800.00
====1:1:=====
$ 2 , 1 58 . 66
$
240.00
285.00
100.00
189.00
64.00
400.00
===========
$ 1,278.00
$ 3,436.66
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225 W. Hospitality Lane. Suite 100. San aernardino. CA 92408 · (714) 888.7201 · Lie. #472605
Patrici.a Green
Page :2
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Should you have questions or require additional information,
please give me a call.
Sincerely,
ICON
C] ~le--Vl ~_
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Gwen E. Bradac
Project Nanager
GEB:jm
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ICON
GENERAL CONTRACTORS
November 23, 1988
Patricia Green
. SUNSET REAL ESTATE CORP.
DBA: The Sunset Group
225 W. Hospitality Ln.
Suite 100
San Bernardino, CA 92408
Dear Pat,
Attached please find a quote from John Dey at PRO-TECH
ELECTRIC, regarding ground lights which will be provided for
the monument. The cost includes materials and labor.
Four ground lights at 5285.00 each:
$ 1,140.00
Should you have questions or require additional information,
please give me a call.
Sincerely,
ICON
,...,
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I Gwen E. Bra-aac
Project Manager
GEB:jm.
18
225 W Hospitality Lane. Suite 100. San Bernardino CA 92408 · (714) 888-7201 · Lie. ..472605
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PROMtECli~
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COMMERCIAL and RESIDENTIAL BLOCKS
157 RANCHO AVE. · P.O. BOX 488. SAN BERNARDINO, CA 82402
(714) 885-1581
5851
INVOICE NO,:
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LOAD
CHECKED BY: DRillER
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AUTHORIZED SIGNATURE
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
3 UTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SUNSET GROUP FOR THE PROMOTION OF ARTS AND CULTURE.
4 BE IT RESOLVED BY THE KAYOR AND COMMON COUNCIL OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San
Bernardino is hereby authorized and directed to execute
on behalf of said City an Agreement with The Sunset
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Group a copy of which is attached hereto, marked Exhibit
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"A" and incorporated herein by reference as fully as
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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
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thereof, held on the
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day of
1989, by the following vote, to wit:
AYES:
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
1989.
Resolution ~The Sunset r,roup
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5 Cll Attorney
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W. R. Holcomb, Mayor
city of San Bernardino
leqal content:
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AGREEMENT
1 Fine Arts Fundina
2 THIS AGREEMENT i. entered into between the CITY
3 OF SAN BERNARDINO, a municipal corporation, referred to
4 as "City", and The Sunset Group a non-profit
5 organization, referred to as "organization".
6 The parties agree as follows:
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1.
Recitals .
A. organization has requested financial
9 assistance from City for the fiscal year 1988-89, in
10 order to assist in defraying the expense of certain
11 concerts, shows, festivals or events or activities
12 sponsored by organization as set forth in Organi-
13 zation' s grant prdposal (hereinafter "the proposal")
14 approved by the Fine Arts Commission of the City, a
15 copy of which pro~osal is on file in the Office of
16 Cultural Affairs. : The terms of the proposal are
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17 incorporated herein by reference and shall govern the
18 uses of the funds provided herein. The financial
19 assistance provided for in this agreement is made on a
20 one-time only basis, and receipt of said funds shall
21 not imply a continuing obligation of the City beyond
22 the terms of this Agreement.
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B. The expenditure is for a valid munici-
24 pal pUblic purpose, to wit: for the promotion of
25 visual arts in art appreciation in San Bernardino, as
26 more fully set forth in the proposal submitted by
27 Organization.
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2.
Pavment. Upon presentation of a claim to
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Agreement for <:) Sunset Group
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the City Finance Director, city shall pay to organiza-
tion from the budget for the 1989-90 fiscal year, the
total sum of twenty-five thousand dollars, to cover the
costs per the Fine Arts grant application agreement.
3. Use of Funds. The funds paid to organi-
zation shall be used solely for the purposes set forth
in Paragraph 1 and in strict compliance with the
provisions set forth in the proposal. No deviation
from the proposal shall be made without the express
approval of the City of San Bernardino. Said funds
shall be expended by June 30, 1990 and any unexpended
funds shall be returned to City by organization.
4. Accountina. At such time or times as may
be requested by the City Administrator or Director of
Finance of city, organization shall submit to the City
Administrator, with a copy to the Director of Finance
and the San Bernardino Fine Arts Commission, an
accounting of the proposed and actual expenditures of
all revenues accruing to the organization for the
fiscal year ending June 30, 1990. Financial records
shall be maintained in accordance with generally
accepted accounting principles.by Organization in such
a manner as to permit city to easily trace the expendi-
tures of the funds. All books and records of
organization are to be kept open for inspection at any
time during the business day by the City or its
officers or agents.
5. Hold Harmless. organization covenants and
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Agreement for t~unset Group
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agrees to defend, indemnify, and hold harmless the City
and its employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or
losses however occurring, or damages arising or growing
out of the use or receipt of the funds paid hereunder
5 and all operations under this agreement. Payments
6 hereunder are made with the understanding that the City
7 is not involved in the performance of services or other
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8 activities of organization. organization and its
9 employees and agents are independent contractors and
10 are not employees or agents of the city in performing
11 said services.
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6.
Termination. City shall have the right to
13 terminate this Agreement and any funding remaining un-
14 paid hereunder for any reason by mailing a ten-day
15 written notice to organization and this agreement shall
16 terminate ten days after the mailing of sUch notice. In
17 the event this Agreement is terminated for reasons of
18 improper use of funds or use of funds for any purpose
19 other than those authorized, any unexpended portion of
20 the funds provided by City shall be returned to City.
21 In addition, Organization shall reimburse to City any
22 funds expended which were used for any purposes other
23 than those authorized under this Agreement.
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Assignment. Organization shall not assign
25 its interest in this Agreement without the prior
26 written approval of City.
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8.
Insurance. Organization shall take out
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Agreement for t~unset Group
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and maintain during the life of this Agreement such
public liability and property damage insurance as shall
insure city, its elective and appointive boards,
commissions, officers, agents and em~loyees, permittee
and its agents performing acts covered by this
Agreement from claims for damages tor personal injury,
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including death, as well as from claims for property
damage which may arise from organization's or its
agents'operations hereunder, whether such operations
be by organization or its agents or by anyone directly
or indirectly employed by either organization or its
agents, and the amounts of such insurance shall be as
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follows:
(a) Public Liability Insurance. In an
14 amount not less than $100,000 for injuries, including,
15 but not limited to, death, to anyone person and,
16 subject to the same limit for each person, in an amount
17 not less than $100,000 on account of anyone
18 occurrence;
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(b) Property Damage Insurance. In an
20 amount of not less than $50,000 tor damage to the
21 property of each person on account of anyone occur-
22 rence.
23 city shall be set forth as an additional
24 named insured in each policy of insurance provided
25 hereunder.
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organization hereby convenants that it has-
27 taken all actions necessary to make the adherence to
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,")co;'.
Agreement for""-rne Sunset :Group
the obligations imposed by this agreement a binding
1 obligation of the organization.
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Notices. All notices herein required
3 shall be in writing and delivered in person or sent by
4 certified mail, postage prepaid, addressed as follows:
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As to City:
City Administrator
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
As to organization:
The Sunset Group
Attn: Mervyn Simchowitz
225 W. Hospitality Ln., #100
San Bernardino, CA 92408
11. Entire Aareement . This Agreement and any
10 documents or instruments attached hereto or referred to
11 herein integrate all terms and conditions mentioned
12 herein or incidental hereto, and supersede all negotia-
13 tions and prior writing in respect to the subject
14 matter hereof. In the event of conflict between the
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terms, conditions or provisions of this Agreement, and
any such document or instrument, the terms and condi-
tions of this Agreement shall prevail.
DATED:
ATTEST:
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City Clerk
CITY OF SAN BERNARDINO
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Agreement for ,~ Sunset Group
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organization
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Approved as to form and legal content:
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8 ~ty Attorney
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