HomeMy WebLinkAbout1980-011 I
1 RESOLUTION NO. �^
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
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EXECUTION OF AN AGREEMENT WITH JOHN LIGHTBURN RELATING TO THE
3 ' PURCHASE OF SCHOLARSHIP TICKETS FOR THE PRODUCTION OF HANDEL'S
! MESSIAH.
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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 John Lightburn relating to the purchase of
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9 ' scholarship tickets for the production of Handel ' s Messiah, a
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i0 ; copy of which is attached hereto, marked Exhibit "A" and incor-
11 iporated herein by reference as fully as though set forth at
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12 i length. l
13 I I HEREBY CERTIFY that the foregoing resolution was duly
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14 adopted by the Mayor and Common Council of the City of San
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15 Bernardino at a t ' f;' meeting thereof , held i
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16 on the day of �,4f,/ 1980 , by the following j
17 vote, to wit:
18 AYES: Councilmen , r f ci r
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NAYS:
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21 ABSENT:
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23 -' City Clerk
24 The foregoing resolution is hereby approved t day
25 of ` , 1980. I
6
yo o e ity of S ernardino
27 Approv s to form:
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/0,p I
ity Atb6rney
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A G R E E M E N T
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2 THIS AGREEMENT is made and entered into this day of
3 , 1980 , between the CITY OF SAN BERNARDINO, a
4 municipal Lporation, referred to as "City" , and JOHN LIGHTBURN,
5 an individual , referred to as "Sponsor"' .
6 The parties agree as follows :
7 1. Recitals.
8 (a) The mayor and Common Council of the City of San
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( Bernardino are willing to appropriate certain funds from the j
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General Fund, or special funds , for the use of Sponsor upon certain
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:z conditions and with the understanding that receipt of said funds
12 shall not imply a continuing obligation of the City in excess of
,z the sum contained herein.
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14 (b) Sponsor has represented that the expenditures
15 authorized by this agreement are for valid municipal public
16 purposes, to wit: the purchase of scholarship tickets for the
17 production of Handel ' s :`MESSIAH, to be performed on December 22 ,
18 1979 , at the California Theater, for use by the handicapped,
19 disadvantaged, senior citizens and music students.
20 2. Payment. City shall deliver a check in the amount of
21 $3 ,000.00 , said check to be made payable to "The MESSIAH" , to
22 Sponsor at such time as determined by the Finance Director
23 of City in his sole discretion. i
24 3. Use of Funds . The funds paid to Sponsor shall be used
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25 1by it solely for the purposes set forth in Paragraph 1 (b) , and as
26 Ishown on Exhibit "I" , attached hereto and incorporated herein by
27 reference, during the term commencing on January 7 , 1980 , and I
28 ending on January 31 , 1980 . Any unexpended funds shall be
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i ! returned to City.
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4 . Accounting. On or before January 31 , 1980 , Sponsor
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3 shall submit to the City Administrator, with a copy to the
4 Director of Finance, an accounting of the proposed and actual
5 expenditures of said funds, including the line item amounts and
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6 purposes for which said funds have been spent or obligated.
7 Sponsor shall comply with any rules or regulations of the Mayor an�
8 Common Council concerning services provided by organizations
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9 ! funded with City revenue, labor, equipment or supplies as may be
10 jnow in effect or hereinafter enacted.
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i� 5 . Hold Harmless . Sponsor hereby covenants and agrees to
12 indemnify and save harmless the City and its employees and agents
13 from all liabilities and charges , expenses (including counsel
14 fees) , suits or losses however occurring, or damages arising or
15 growing out of the use or receipt of funds paid hereunder and all
16 operations under this agreement; payments hereunder are made with
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17 the understanding that the City is not involved in the performance !
18 of services or other activities of Sponsor. Sponsor and its
19 employees and agents are independent contractors and not employees
20 or agents of the City in performing said services .
21 6 . Termination. If Sponsor shall fail to comply with any
22 term, condition or provision of this agreement or to expend or
23 use the funds as herein provided, the City may terminate this
24 agreement by mailing written notice to Sponsor, and this agree-
25 ment shall terminate forthwith.
26 IN WITNESS WHEREOF, the parties hereto have executed this
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I agreement on the day and year first above written.
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CITY OF SAN BE R RD
ATTEST:
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/I y Mayo r
4 /'
ity Clerk
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6 JOHN LIGHTBURN
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9 iApproved as to form:
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xzelo
11 jl
ity At orney
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Messiah Production Budget Outline
1. Roger Wagner Chorale $ 4500.00
2. Union Orchestra $ 2600.00
3. Soloists $ 2000.00
4. California Theater $ 500.00
5. Union Stage Personnel $ 200.00
6. Advertising and Tickets $ 750.00
7. Misc. $ 500.00
$11050.00
1. Cash on Hand $ 6000.00
2. Anticipated Revenue $ 5500.00
$11500.00
EXHIBIT "I"