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HomeMy WebLinkAbout40-Public Works JllIk. ~ .II.&. [.11 I' - . o o o 0 File No. 13,1R2 - R_QUEST FOR COUNCIL ACTION / CITY OF SAN BBRNARDINO ROGER G. HARDGRAVE l\~F Authorization For Installation of REC'O.-AO-j~.'a Speed Zone on'Northpark Blvd: ~?fO MPH from Electric Avenue to Public Works/Engineeri'\!8'jJMl23 P" 1.1ttle Mountain Drive and 50 MPH from Little Mountain Drive to 1/23185 University Parkway From: Dept: Date: Synopsis of Previous Council action: None. Recommended motion: Adopt Resolution. cc: John Matzer Jr., City Administrator Ben Gonzales, Chief of Police' Manuel Moreno Jr., Dir. Public Serivces City Attorney: Please add to the following SECTIONS 10.52.030 and 10.52.050, RESOLUTION NO. 2105 as shown on the staff report. ~.€.~ Contact person: Peter H. Li u Phone: 5226 5 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: 1 Ao"nrtR rt"m Nn~ · 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 22 23 24 25 26 27 28 1.11 II 3. Use of Fun~ The funds ~ to Organization shall ~ used solely for the purposes set forth in Exhibit wAw. Within thirty days of the end of the grant program, all unexpended funds shall be returned to City by Organization. 4. Accounting. Prior to the final payment under this agreement, and at such other 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, 1985. 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 expenditures 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 agrees to indemnify and save harmless the City and its employees and agents from all liabi]~ties 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 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 performing said services. -2- . 0 1 2 3 4 5 6 7 8 9 10 11 12 1~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '" 6. TerminatioO City shall Oe the right to terminate OiS agreement and any funding remaining unpaid 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. Assignment. Organization shall not assign its interest in this agreement without the prior written approval of City. 8. Final Report. Prior to termination of this agreement, organization shall provide a final report on the project funded by this agreement in accordance with the Criteria for Financial Support heretofore provided by City to Organization. 9. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City Admir.istrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Inland Empire Symphony c/o Mr. Gerald A. Bean, Pres. 362 Court Street San Bernardino, CA 92401 - DATED: CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk APpro:~ ~~ I ~_ ~_C) City At orney INLAND EMPIRE SYMPHONY By Ti tle -3- . 0 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 'I o AG~E~C).NT 0 (Community Organization) 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 California nonprofit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. (a) Organization has requested financial assistance from City for the fiscal year 1984-1985, in order to assist in defraying the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organization's grant proposal approved by the Fine Arts Commission of City and a copy of which is attached hereto as Exhibit "A" and hereby incorporated 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 term of this agreement. (b) The expenditure is for a valid municipal public purpose, to wit: for promotion of arts and culture, as outlined in Exhibit -AW. 2. Payment. Upon presentation of a claim to the City Administrator, City shall pay to Organization from the bUdget for the 1984-1985 fiscal year, the total sum of SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500) at such time or times and in such periodic amounts as determined by the City Administrator and Finance Director of City, consistent with the grant proposal approved by the Fine Arts Commission. .EXH ll31l - \1 0 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 1.( IIJ 3. Use of Fun(). The funds ~d to Organization shall ~ used solely for the purposes set forth in Exhibit -A-. Within thirty days of the end of the grant program, all unexpended funds shall be returned to City by Organization. 4. Accounting. Prior to the final payment under this agreement, and at such other 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, 1985. 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 expenditures 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 agrees to indemnify and save 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 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 performing said services. -2- 0 1 2 3 4 S 6 7 8 9 10 11 12 " " 6. Terminatio~ City shall ~ the right to terminate CJls agreement and any funding remaining unpaid 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. Assignment. Organization shall not assign its interest in this agreement without the prior written approval of City. 13 8. Final Report. Prior to termination of this agreement, 14 Organization shall provide a final report on the project funded by 15 this agreement in accordance with the Criteria for Financial 16 support heretofore provided by City to Organization. 17 9. Notices. All notices herein required shall be in writing 18 and delivered in person or sent by certified mail, postage 19 prepaid, addressed as follows: 20 City Admi7.istrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 San Bernardino Valley Community Concert Association c/o Mr. Keith Henninger, Pres. P.O. Box 377 San Bernardino, CA 92402 21 22 DATED: 23 CITY OF SAN BERNARDINO 24 ATTEST: ~ ~ Mayor SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION 26 City Clerk Approved as to form: 27 28 /~~~ ~~- --.- _ C,.,,;; ~... ~-ce.-- City A orney By Ti tle -3-