HomeMy WebLinkAbout13010
1
RESOLUTION NO.
B~/?)
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY
3 ORCHESTRA RELATING TO FINANCIAL ASSISTANCE IN AN AMOUNT NOT TO
EXCEED THE SUM OF $2500.00.
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 hereby authorized and directed to execute on behalf of said City
8 an Agreement with the San Bernardino Symphony Orchestra relating
9 to financial assistance in an amount not to exceed the sum of
10 $2500.00, a copy of which is attached hereto, marked Exhibit
11 nAn and incorporated herein by reference as fully as though
12
set forth at length.
13
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 thereof, held
on the ;1~ day of ~~ ,1977, by the following
vote, to wit:
14
15
16
17
18
AYES:
19
20
NAYS: 4~
ABSENT: ,~~
~ :ti.- day
21
22
23
24
The foregoing resolution
of-1:;L..e~J ' , 1977.
25
26
San Bernar ino
ED
27
APprove9s to form:. _~-.,
~~;
_,c::ity Att!6rney
LUCILl-E ,GOF~1 H C~.;lerk
" ''-1,,- -"". '
iJ..~!d1tJ.L .-"'....~~
28
NOV 1 0 197i'
1
A G R E E MEN T
---------
3
(Community Service Organization)
THIS AGREEMENT is made and entered into this (.;'f,,3.dday of
.~~ , 1977, by and between the CITY OF SAN BERNARDINO,
2
4
5
a municipal corporation, hereinafter called "City", and the SAN
6
BERNARDINO SYMPHONY ORCHESTRA, a nonprofit unincorporated
7
association, hereinafter called "Service Organization".
8
WIT N E SSE T H:
----------
9 WHEREAS, Service Organization has developed an outstanding
10 symphony orchestra that has been acclaimed by the experts in the
11 field of professional music; and
12 WHEREAS, Service Organization desires to to continue to
13 exist as well as improve in the future; and
14 WHEREAS, Service Organization is finding it more difficult
15 each year to raise the necessary budget funds through various
16 means in order to present four concerts per season; and
17 WHEREAS, the California Theatre of Performing Arts
18 presently charges $450.00 plus $50.00 for airconditioning for each
19 concert, and $25.00 per hour for each 4-hour rehearsal held in the
20 theatre as well as $225.00 per concert for stage hands; and
21 WHEREAS, Service Organization has requested financial
22 assistance from City in an amount not to exceed the sum of
23 $2500.00 for the balance of the fiscal year ending June 30, 1978
24 in order to assist in the expense of the cost of holding three
25 rehearsals and three concerts at the California Theatre of Per-
26 forming Arts during the remainder of the aforesaid fiscal year;
27 and
28 WHEREAS, the Mayor and Common Council of the City of San
10
11
1 Bernardino have determined that the expenditure of said amount is
2 for valid municipal public purposes, to wit: to aid in the con-
3 tinuance of the performances of the San Bernardino Symphony
4 Orchestra as a contribution to the cultural life of the citizens
5 of the City of San Bernardino,
6 NOW, THEREFORE, it is mutually agreed between the parties
7 hereto as follows:
8
9
1. City shall pay to Service Organization during the
remainder of the fiscal year ending June 30, 1978, a sum of money
not to exceed $2500.00 at such time or times and in such amounts
as determined by the City Administrator and Finance Director of
12
city.
13
2. The funds paid to Service Organization shall be used
14
solely for the purposes set forth in the Fourth Whereas Clause
15
hereinabove in accordance with the provisions of the Fifth
\ Whereas Clause hereinabove during the term commencing on the date
of execution of this agreement and ending on June 30, 1978. A
16
17
18
ten percent (10%) or less variation in the itemization of costs
19
set forth in the Fourth Whereas Clause shall be allowed, provided
20
the prior written approval of the Director of Finance of City is
21 first had and obtained. At the end of said term, all unexpended
22 funds shall be returned to the City by the Service Organization.
23
3. Service Organization shall hold three rehearsals of
24 at least 4-hours each and present at least three concerts in the
25 California Theatre of Performing Arts, San Bernardino, California,
26 during the term hereof.
27
4. Prior to the final payment under this agreement, and
28 at such other times as may be requested by the City Administrator
-2-
1 or Director of Finance of City, the Service Organization shall
2 submit to the City Administrator, with a copy to the Director of
3 Finance, an accounting of the proposed and actual expenditures of
4 all revenues accruing to the organization for the fiscal year
5 ending June 30, 1978. Financial records shall be maintained in
6 accordance with generally accepted accounting principles by
7 Service Organization in such a manner as to permit City to easily
8 trace the expenditures of the funds. All books and records of
10 time during the business day by the City or its officers or agents
9 Service Organization are to be kept open for inspection at any
5. City reserves the right to require Service Organization
12 to obtain the prior written approval of City of any charges or
11
13 fees to be charged by Service Organization for attendance at the
14 concert.
15
6. The Director of Finance, with the concurrence of the
Mayor and Common Council, is authorized to place a temporary. . I
freeze on or terminate the payment of funds to Service organ~zat~ot
when any violation of the agreement, in the discretion of said
16
17
18
19
Director, occurs and the same shall continue until such violation
20
is corrected to the satisfaction of the Director and Mayor and
21
Common Council.
22
7. Service Organization hereby covenants and agrees to
23
indemnify and save harmless the City and its employees and agents
24
from all liabilities and charges, expenses (including counsel
25
fees), suits or losses however occurring, or damages arising or
26
growing out of the use or receipt of the funds paid hereunder and
all operations under this agreement; payments hereunder are made
27
28
with the understanding that the City is not involved in the
I
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
performance of services or other activities of Service Organiza-
tion. Service organization and its employees and agents are
independent contractors and not employees or agents of the City in
performing said services.
8. If Service Organization shall fail to comply with any
term, condition or provision of this agreement or to expend or
use the funds as herein provided, the City may terminate this
agreement by mqiling written notice to Service Organization, and
this agreement shall thereupon terminate forthwith..
City shall have the right to terminate this agreement and
any funding hereunder for any reason by mailing a ten (10) day
written notice to Service Organization and this agreement shall
terminate ten (10) days after the mailing of such notice; and
thereafter any unpaid funds shall not be prorated or paid to
Service Organization.
9. Service Organization shall not assign its interest in
this agreement without the prior written approval of City.
10. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
I addressed as fo~~ows:
i
/ / / / /
/ / / / /
/ / / / /
I
I
I
II
II
I
I
I
i
/ / / / /
/ / / / /
/ / / / /
-4-
1
2
3
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
San Bernardino Symphony
Association
P. O. Box 2312, Uptown
Station
San Bernardino, CA 92406
4 IN WITNESS WHEREOF, the parties hereto have executed this
5 Agreement on the date first hereinabove written.
6 CITY OF
ATTEST:
7
8
9
10
11
12
13
14
15
16 \
17
18
19
20
21
22
23
24
25
26
27
28
SAN BERNARDINO SYMPHONY ORCHESTRA
/ /
BY, ~<'if>6 ~~/~-n-2-"-=-/
" ,) ,
L--1'i t ~)e tC~l-t_.e'~yC.,dl--7<-,~r-
_':::.:? 'it
APpro~;a as to form:
/ " r4 -"'J
"<~--"'- " , " /,"
1 i' d
/; '\"J" I I A . /' , ,'-.,.,.-
/ I) . .K..-rlT,/Vt4~
torney
-5-
