HomeMy WebLinkAbout1984-204 Agreement with Inland Empire Symphony Association and Repeal of Reso 1984-1781
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RESOLUTION NO. 84--204
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
;EXECUTION OF AN AGREEMENT WITH INLAND EMPIRE SYMPHONY ASSOCIATION
PROMOTING ARTS AND CULTURE, AND REPEALING RESOLUTION NO. 84-178.
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 Inland Empire Symphony Association promoting arts
and culture, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
forth at length.
SECTION 2. Resolution No. 84-178 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held on
the 21st _ day of May-_, 1984, by the following vote,
to wit:
AYES: Council Members Castaneda, Reilly, Marks,
NAYS:
ABSENT:
Quiel, Frazier, Strickler
None
Council McHDer Hernandez
City Clerk
The foregoing resolution is hereby approved 1 .Z, da
of May. 1984. �
Approved as to form:
,City A orney
San Bernardino
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A G R E E M E N T
(Community Organization)
THIS AGREEMENT is entered into between the CITY OF SAN
�BERNARDINO, a municipal corporation, referred to as "City", and
the INLAND EMPIRE SYMPHONY ASSOCIATION, a California nonprofit
corporation, referred to as "Organization".
The parties agree as follows:
1. Recitals.
(a) Organization has requested financial assistance from
;City for the fiscal year 1983-1984, in order to assist in
defraying the expense of any concert, show, festival or event
i
,sponsored by Organization.
(b) The expenditure is for a valid municipal public purpose,
Ito wit: for promotion of arts and culture.
2. Payment. City shall pay to Organization during the 1983-
1984 fiscal year, the total sum of THIRTY THOUSAND DOLLARS
($30,000) at such time or times and in such amount as determined
lby the City Administrator and Finance Director of City.
3. Use of Funds. The funds paid to Organization shall be
used solely for the purpose set forth in Paragraph l(b) during the
;term commencing on the date of execution of this agreement and
lending on June 30, 1984. A variation in the itemization of costs
not to exceed ten percent shall be allowed, provided the prior
written approval of the Director of Finance of City is first had
and obtained. At the end of the term, 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
1 Administrator or Director of Finance of City, Organization shall 1
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, 1984. Financial records shall be maintained in
6 accordance with generally accepted accounting principles by
7 Organization in such a manner as to permit City to easily trace
8 the expenditures of the funds. All books and records of
9 Organization are to be kept open for inspection at any time during
10 the business day by the City or its officers or agents.
11 5. Notification of Charges. Organization shall file with
12 the Cultural Affairs Officer of City a schedule of any charges or
13 fees to be charged by organization for attendance at any concert,
14 show, festival or event sponsored by Organization, which charges
15 or fees shall be reasonable under prevailing market conditions and
16 costs.
17 6. Hold Harmless. Organization covenants and agrees to
18 indemnify and save harmless the City and its employees and agents
19 from all liabilities and charges, expenses (including counsel
20 fees), suits or losses however occurring, or damages arising or
21 growing out of the use or receipt of the funds paid hereunder and
22 all operations under this agreement. Payments hereunder are made
23 with the understanding that the City is not involved in the
24 performance of services or other activities of Organization.
25 Organization and its employees and agents are independent
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26 contractors and not employees or agents of the City in performing
27 said services.
28 7. Termination. City shall have the right to terminate this
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agreement and any funding 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 such funds shall be returned to City. In
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addition, ❑rganization shall reimburse to City any funds used for
any purposes other than those authorized under this agreement.
S. Assignment. Organization shall not assign its interest
in this agreement without the prior written approval of City.
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 Administrator Gerald A. Bean, President
City of San Bernardino Inland Empire Symphony Assoc.
300 North "D" Street 362 Court Street
San Bernardino, CA 92418 San Bernardino, CA 92401
DATED: r un�.
00
CITY OF SAN BERNARDI
ATTEST:
WI t-y e rk
Approved as to form:
City At orney
yor
INLAND EMPIRE SYMPHONY ASSOCIATION
By --- -
Title �/'PSi�C�•
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