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CITY OF SAN BERN. ..RDINO /l~~EQUEST F- ~R COUNCIL ACTION
From: Thelma Press, L i a i son, ~layor
and Council
Subject: Recommendation by the Fine Arts Commission
Grant to the San Bernardino Valley Concert
Association - $20,000
Dept:
Date: 9/20/89
Synopsis of Previous Council action:
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Recommended motion:
Adopt resolution.
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Signature
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Contact person:
Thelma Press
Phone:
ext. 5114
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: $20,000
Sou rce:
001-091- ,c;.1f- 2L(Arts Fundi ng)
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Finance:
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BERN. ..RDINO - REQUEST , ..JR COUNCIL ACTION
STAFF REPORT
The San Bernardino Valley Community Concert
Association has been bringing outstanding music
and dance to our valley since 1938.
This organization has many outstanding groups of
citizens serving on their board of directors.
This past year the organization has increased
their private marketing funds and hope to
continue to sell 1,600 memberships.
Free tickets are distributed to senior citizens,
handicapped, enlisted military personnel, and
high school and college students. A Master Class
in piano is offered in cooperation with
California State University, San Bernardino.
To continue to bring world-famous artists to San
Bernardino, this organization seeks grant funds
from the San Bernardino Fine Arts Commission and
private corporations.
San Bernardino Valley Community Concert Associa-
tion's high-quality programs have added greatly
to the cultural atmosphere of our City.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING' THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR
THE PROMOTION OF ARTS AND CULTURE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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 San
Bernardino Valley community Concert Association a co~Y
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of which is attached hereto, marked Exhibit "A" and
11 incorporated herein by reference as fully as though set
12 forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was
14 duly adopted by the Mayor and Common Council of the City
15 of San Bernardino at a
meeting
16 thereof, held on the
day of
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17 1989, by the following vote, to wit:
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In
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AYES:
NAYS:
ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
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day of
1989.
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Resolution for "he San Bernardino Valley Commur' If Concert ^ssociation
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w. R. Holcomb, Mayor
City of San Bernardino
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Ap~roved as to ~9rm and legal
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred to
as "City", and the San Bernardino Valley Community
Concert Association 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 orilY 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 music
appreciation in San Bernardino, as more fully set forth
in the proposal submitted by Organization.
2. Payment. Upon presentation of a claim to
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Agree~ent for the San Cernardino Valle~' Co~mun~ty Concert Association
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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 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. 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
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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Aareerlent for "-he San Bernardino Vallev Commur'"v Concert Associi'tion
agrees to defend, indemnify, and hold harmless the City
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and its employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or
108ses 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
8 activities of Organization. Organization and its
9 employees and agents are independent contractors and
are not employees or agents of the City in performinq
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1] said services.
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6.
Termination .
City shall have the riqh~ to
]3 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
]6 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.
2] 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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7.
Assiqnment. 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 the San Gernardino Vallev Commur~ty Concert Association
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 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 its ."
agents, and the amounts of such insurance shall be as i
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
property of. each person on account of anyone occur-
rence.
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City shall be set forth as an additional
named insured in each policy of insurance provided
hereunder.
26 9. Organization hereby convenants that it has
27 taken all actions necessary to make the adherence to
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Aflreement for ....r,e Scn Bernardino Valle'! Commun;t-v Concert Associe.tion
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:
San Bernardino Valley
Community Concert Association
ATTN: Maclyn Abbott
P. O. Box 377
San Bernardino, CA 92402
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
11. 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.
DATED:
CITY OF SAN BERNARDINO
ATTEST:
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city Clerk
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A~ree~ent for 'e San BernarGino Valley Commur
Concett Association
Organization
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5 Approved as to form and legal content:
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