HomeMy WebLinkAbout12481
~.
1
b.4E/
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ALLIED ARTS COUNCIL OF SAN
3 BERNARDINO RELATING TO THE SPONSORING, PUBLICIZING AND PROMOTING
OF THE ARTS AND CULTURAL AFFAIRS OF SAID CITY.
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
8
9
10
11
12
13
14
15
16
17
18
19
authorized and directed to execute on behalf of said City an
agreement with Allied Arts Council of San Bernardino relating to
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 thoug
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
:~:di~ ,;; :ay of A;tJJ:;
vote, to wit:
CO:;;J.::"::X;d.-l~/-~ ~:T-m0
~JZ./
meeting thereof, held
, 1976, by the following
AYES:
20
NAYS:
21
22
23
24
2S
26
ABSENT: (!-"'//A'/~R'~.' X;:;/4 ~~~./
'~5~r:;'1it~
The foregoing resolution is hereby ,Y day
:;1'i ' 1976.
of
27
Appr
FILED
28
,JUL l:~ I9Jb
LUCILLE GOFORTH, Ci~ Cieri<
.{~....~."UTY
1
A G R E E MEN T
2 THIS AGREEMENT, covering operations during the fiscal year
3 1976-1977, is made and entered into at San Bernardino, California,
4
this
/9 day of
//1 ,
~'"
, ,
, 1976, by and between the
5 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
6 referred to as "City", and ALLIED ARTS COUNCIL OF SAN BERNARDINO,
7 a non-profit corporation, hereinafter referred to as "Contractor".
8 ~ .!. 1: N ~ 2 2 ~ 1: H:
9 WHEREAS, the Mayor and Common Council of the City of San
10 Bernardino have found and determined that it will be to the
11 cultural benefit and advantage of City, and of its inhabitants, to
12 engage the services of the Allied Arts Council for the general
13 purpose of sponsoring, publicizing, and promoting the arts and
14 cultural affairs of said City.
15 NOW, THEREFORE, in consideration of the promises aforesaid,
16 all laws governing such matters, and the several and mutual
17 promises and agreements hereinafter contained, the parties hereto
18 do covenant and agree as follows:
19
1. Promotion. Contractor agrees that it will use its
20 best efforts to promote and publicize the cultural life of the
21 City; induce immigration and visitation to said City; and cause to
22 be prepared, pUblished and disseminated bulletins and other
23 advertising matter relating to such activities in the community.
24
2. Contractor - Official Agency. In consideration of the
25 services to be performed by the Contractor, the City hereby
26 designates the Contractor as the official agency of the City for
27 the performance of such services.
28
3. Payments. City shall pay Contractor for all publicity,
1 advertising and services conducted under the provisions of this
2 agreement the sum of four thousand five hundred dollars ($4,500).
3 Said money shall be used solely for expenses incurred in promoting
4 and upgrading the cultural image of the community, together with
5 the necessary supplies, rental and overhead costs involved.
6
7
8
9
10
4. Term. This agreement shall be effective upon the date
I ~
'of its execution and shall terminate on June 30 of the subject
fiscal year, provided that either party may terminate this agree-
~
Ilment at any time by giving the other party written notice of such
I .
II termination. In the event Contractor terminates the agreement,
! City shall not be obligated to make any payment of monies after
11
12
the effective date of termination and Contractor shall reimburse
13
14
City for any unused monies paid by City.
5. Relationship of Parties. It is understood that the
15 contractual relationship of the Contractor to the City is that of
16 independent contractor.
17
6. Hold-Harmless Clause. Contractor hereby agrees to, and
18 shall, hold City, its elective and appointive boards, commissions,
19 officers, agents and employees, harmless from any liability for
20 damage or claims for damage for personal injury, including death,
21 as well as from claims for property damage which may arise from
22 Contractor's operations under this agreement, whether such
23 operations be by Contractor or by anyone or more persons directly
24 or indirectly employed by, or acting as agent for Contractor.
25 Contractor agrees to, and shall, defend City and its elective and
26 appointive boards, commissions, officers, agents and employees
27 from any suits or actions at law or in equity for damages caused,
28 or alleged to have been caused, by reason of any of the aforesaid
-2-
.
21
1 operations.
2
7. Annual Report. Contractor shall submit an annual
3 report relative to its general activities in promoting and
4 publicizing the City, with a detailed report concerning the costs
5 incurred in connection therewith.
6
8. Annual Budget. Contractor shall file an annual budget
7 for the subject fiscal year, in the form and manner prescribed by
8 the City Administrator, detailing all estimated expenditures and
9 all revenues expected to be received, from all sources including
10 the City, during the period of this agreement.
11
9. Expenditures - Report and Accounting. Contractor shall
12 file a complete report and accounting of all expenditures and all
13 revenues received, from all sources including the City, during
14 the term of this agreement. Said report shall be filed with the
15 City Administrator prior to June 15th of said fiscal year.
16
10. Amendment. This agreement may be amended or modified
17 only by written agreements signed by both parties and failure on
18 the part of either party to enforce any provision of this agree-
19 ment shall not be construed as a waiver of the right to compel
20 enforcement of such provision or provisions.
23
22 Contractor without the written consent of City.
11. Assignment. This agreement shall not be assigned by
24 and delivered in person or sent by registered mail, postage pre-
12. Notices. All notices required shall be in writing,
25 paid as follows:
26
27
28
City Administrator
City Hall
300 North "D" Street
San Bernardino, CA 92418
Allied Arts Council of San
Bernardino
Post Office Box 103
San Bernardino, CA 92402
-'1-
I
,
. . I
,
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
......~-
. -
IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
AP~~
CIty Attorney
CITY OF SAN
A
ALLIED ARTS COUNCIL OF SAN BERNARDIN
9~7~
/}~~
By
(By.,
..-...... "",';"
.../~-<,d.'
/.,
-4-