HomeMy WebLinkAbout26-City Attorney
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CI" OF SAN BERNAR.O - REQUaT FOR COUNCIL A~ON
From:
Ralph H. Prince
Subject: Grant Allocations thru
Fine Arts Commission
Dept: Ci ty At torney
Date: April 11, 1986
Synopsis of Previous Council action:
4/7/86
Mayor and Common Council approved grant allocations
for four programs sponsored by California State
University.
Recommenrjed motion:
Adopt resolution.
()"<:'/~' .. / .
Signature
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Contact person:
Thelma Press
Phone:
5114
Supporting data attached: _~__Y~___.
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
$19,200
Source: Arts Funding
Finance: ~~~/_
Council Notes:
"/5.0262
Agenda Item N~i
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF FOUR SEPARATE AGREEMENTS WITH THE FOUNDATION FOR
3 CALIFORNIA STATE UNIVERSITY RELATING TO A SUMMER MUSIC ACADEMY,
SUMMER THEATRE ACADEMY, SATURDAY MORNING STUDIO PROGRAM, AND A
4 GALLERY TOUR PROGRAM FOR GRANT ALLOCATIONS FOR FISCAL YEAR 1985-
1986.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 four agreements with the Foundation for California State
10 University relating to a Summer Music Academy, Summer Theatre
11 Academy, Saturday Morning Studio Program, and a Gallery Tour
12 Program for grant allocations for fiscal year 1985-1986. A copy
13 of each agreement is attached hereto, marked Exhibit "A" through
14 Exhibit "0", respectively, and incorporated herein by reference
15 as fully as though set forth at length.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
18 Bernardino at a
19 the
, 1986, by the
day of
20 following vote, to wit:
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AYES:
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
, 1986.
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Approved as to form:
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8 City Attorney--~~
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Mayor of the City of San Bernardino
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1 A G R E E MEN T
2 (Community Organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as .City", and
5 the FOUNDATION FOR CALIFORNIA STATE UNIVERSITY (Summer Music
6 Academy), a California nonprofit organization, referred to as
7 .Organization".
8 The parties agree as follows:
9 1. Recitals.
10
A. Organization has requested financial assistance
11 from City for the fiscal year 1985-1986, in order to assist in
12 defraying the expense of certain concerts, shows, festivals or
13 events or activities sponsored by Organization as set forth in
14 Organization's grant proposal (hereinafter "the proposal")
15 approved by the Fine Arts Commission of the City, a copy of which
16 proposal is on file in the Office of Cultural Affairs. The terms
17 of the proposal are incorporated herein by reference and shall
The financial
18 govern the uses of the funds provided herein.
19
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assistance provided for in this agreement is made on a one-time
only basis, and receipt of said \unds shall not imply a
21 continuing obligation of the City beyond the term of this
22 Agreement.
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B. The expenditure is for a valid municipal public
for semi-private instrumental and vocal
24 purpose, to wit:
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instruction, small and large ensemble performing experiences and
music reading training to elementary (and eventually secondary)
27 students. The program is available to grades four through six.
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1 2. Pavrnent. Upon presentation of a claim to the City
2 Finance Director, City shall pay to Organization from the budget
3 for the 1985-1986 fiscal year, the total sum of EIGHT THOUSAND
4 DOLLARS at such time or times and in such periodic amounts as
5 determined by the City Administrator and Finance Director of the
6 City, consistent with the grant proposal approved by the Fine
i Arts Commission.
8 3. Use of Funds. The funds paid to Organization shall be
9 used solely for the purposes set forth in Paragraph 1 and in
10 strict compliance with the provisions set forth in the proposal.
11 No deviation from the proposal shall be made without the express
12 approval of the City. Said funds shall be expended by June 30,
13 1986, and any unexpended funds shall be returned to City by
14 Organization.
15 4. Accountina. At such ~ime or times as may be requested
16 by the City Administrator or Director of Finance of City,
17 Organization shall submit to the City Administrator, with a copy
18 to the Director of Finance and the San Bernardino Fine Arts
19 Commission, an accounting of the proposed and actual expenditures
20 of all revenues accruing to the Organization for the fiscal year
,
21 ending June 30, 1986. Financial records shall be maintained in
22 accordance with generally accepted accounting principles by
23 Organization in such a manner as to permit City to easily trace
24 the expenditures of the funds. All books and records of
25 Organization are to be kept open for inspection at any time
26 during the business day by the City or its officers or agents.
27 5. Hold Harmless. Organization covenants and agrees to
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] indemnify and save harmless the City and its employees and agents
2 from all liabilities and charges, expenses (including counsel
3 fees), suits or losses however occurring, or damages arising or
4 growing out of the use or receipt of the funds paid hereunder and
5 all operations under this agreement. Payments hereunder are made
6 with the understanding that the City is not involved in the
i performance of services or other activities of Organization.
8 Organization and its employees and agents are independent
9 contractors and are not employees or agents of the City in
10 performing said services.
1] 6. Termination. City shall have the right to terminate
12 this Agreement and any funding remaining unpaid hereunder for any
13 reason by mailing a ten-day written notice to Organization and
14 this Agreement shall terminate ten days after the mailing of such
15 notice. In the event this Agreement is terminated for reasons of
16 improper use of funds or use of funds for any purpose other than
17 those authorized, any unexpended portion of the funds provided by
18 City shall be returned to City. In addition, Organization shall
19 reimburse to City any funds expended which were used for any
20 purposes other than those author\zed under this Agreement.
21 7. Assianment. Organization shall not assign its interest
22 in this Agreement without the prior written approval of City.
23 8. Final Report. Prior to June 30, 1986, Organization
24 shall provide a final report on the project funded by this
25 Agreement in accordance with the Criteria for Financial Support
26 heretofore provided by City to Organization.
27 9. Notices. All notices herein required shall be in
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1 writing and delivered in person or sent by certified mail,
2 postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North nOw Street
San Bernardino, CA 92418
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DATED:
CITY OF SAN BERNARDINO
8 ATTEST:
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11 City Clerk
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16 Approved as to form:
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19 City Attorney
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Dr. Loren Filbeck, Chair
Department of Music
California State Universit
5500 University Parkway
San Bernardino, CA 92407
By
Mayor
FOUNDATION FOR CALIFORNIA
STATE UNIVERSITY
By
Title
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1 A G R E E MEN T
2 (Community Organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 the FOUNDATION FOR CALIFORNIA STATE UNIVERSITY (Summer Theatre
6 Academy), a California nonprofit organization, referred to as
7 "Organization".
8 The parties agree as follows:
9 1. Recitals.
10
A. Organization has requested financial assistance
11 from City for the fiscal year 1985-1986, in order to assist in
12 defraying the expense of certain concerts, shows, festivals or
13 events or activities sponsored by Organization as set forth in
14 Organization's grant proposal (hereinafter "the proposal")
15 approved by the Fine Arts Commission of the City, a copy of which
16 proposal is on file in the Office of Cultural Affairs. The terms
17 of the proposal are incorporated herein by reference and shall
18 govern the uses of the funds provided herein. The financial
19 assistance provided for in this agreement is made on a one-time
20 only basis, and receipt of said funds shall not imply a
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21 continuing obligation of the City beyond the term of this
22 Agreement.
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B. The expenditure is for a valid municipal public
24 purpose, to wit: five weeks of intensive summer training on the
25 campus of California State University/San Bernardino with Theatre
26 faculty and students offering instruction in voice, movement,
27 acting and rehearsal for up to sixty selected high school
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1 sophomores and juniors culminating in three public performances.
2 This will develop thinking, inter-active and self-discipline
3 skills.
4 2. Payment. Upon presentation of a claim to the City
5 Finance Director, City shall pay to Organization from the budget
6 for the 1985-1986 fiscal year, the total sum of FOUR THOUSAND
7 DOLLARS at such time or times and in such periodic amounts as
8 determined by the City Administrator and Finance Director of the
9 City, consistent with the grant proposal approved by the Fine
10 Arts Commission.
11 3. Use of Funds. The funds paid to Organization shall be
12 used solely for the purposes set forth in Paragraph 1 and in
13 strict compliance with the provisions set forth in the proposal.
14 No deviation from the proposal shall be made without the express
15 approval of the City. Said funds shall be expended by June 30,
16 1986, and any unexpended funds shall be returned to City by
17 Organization.
18 4. Accountina. At such time or times as may be requested
19 by the City Administrator or Director of Finance of City,
20 Organization shall submit to the City Administrator, with a copy
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21 to the Director of Finance and the San Bernardino Fine Arts
22 Commission, an accounting of the proposed and actual expenditures
23 of all revenues accruing to the Organization for the fiscal year
24 ending June 30, 1986. Financial records shall be maintained in
25 accordance with generally accepted accounting principles by
26 Organization in such a manner as to permit City to easily trace
27 the expenditures of the funds. All books and records of
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1 Organization are to be kept open for inspection at any time
2 during the business day by the City or its officers or agents.
3 5. Hold Harmless. Organization covenants and agrees to
4 indemnify and save harmless the City and its employees and agents
5 from all liabilities and charges, expenses (including counsel
6 fees), suits or losses however occurring, or damages arising or
7 growing out of the use or receipt of the funds paid hereunder and
8 all operations under this agreement. Payments hereunder are made
9 with the understanding that the City is not involved in the
10 performance of servi~es or other activities of Organization.
11 Organization and its employees and agents are independent
12 contractors and are not employees or agents of the City in
13 performing said services.
14 6. Termination. City shall have the right to terminate
15 this Agreement and any funding remaining unpaid hereunder for any
16 reason by mailing a ten-day written notice to Organization and
17 this Agreement shall terminate ten days after the mailing of such
18 notice. In the event this Agreement is terminated for reasons of
19 improper use of funds or use of funds for any purpose other than
20 those authorized, any unexpended.portion of the funds provided by
21 City shall be returned to City. In addition, Organization shall
22 reimburse to City any funds expended which were used for any
23 purposes other than those authorized under this Agreement.
24
7. Assi9nment. Organization shall not assign its interest
25 in this Agreement without the prior written approval of City.
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8. Final Report. Prior to June 30, 1986, Organization
27 shall provide a final report on the project funded by this
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1 Agreement in accordance with the Criteria for Financial Support
2 heretofore provided by City to Organization.
3 9. Notices. All notices herein required shall be in
4 writing and delivered in person or sent by certified mail,
5 postage prepaid, addressed as follows:
7
city Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dr. Ronald E. Barnes
Chairman, Dept. of
Theatre Arts
California State Universit
5500 University Parkway
San Bernardino, CA 92407
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10 DATED:
CITY OF SAN BERNARDINO
By
Mayor
FOUNDATION FOR CALIFORNIA
STATE UNIVERSITY
By
Title
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1 A G R E E MEN T
2 (Community Organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 the FOUNDATION FOR CALIFORNIA STATE UNIVERSITY (Saturday Morning
6 Studio Program), a California nonprofit organization, referred to
7 as "Organization".
8 The parties agree as follows:
9 1. Recitals.
10
A. Organization has requested financial assistance
11 from City for the fiscal year 1985-1986, in order to assist in
12 defraying the expense of certain concerts, shows, festivals or
13 events or activities sponsored by Organization as set forth in
14 Organization's grant proposal (hereinafter "the proposal")
15 approved by the Fine Arts Commission of the City, a copy of which
16 proposal is on file in the Office of Cultural Affairs. The terms
17 of the proposal are incorporated herein by reference and shall
18 govern the uses of the funds provided herein. The financial
19 assistance provided for in this agreement is made on a one-time
20 only basis, and receipt of said funds shall not imply a
,
21 continuing obligation of the City beyond the term of this
22 Agreement.
23
B. The expenditure is for a valid municipal public
24 purpose, to wit: three-hour classes for high school students,
25 conducted on eight consecutive weekends consisting of instruction
26 in (1) painting and drawing, (2) ceramics and glass, (3)
27 photography, and (4) graphic design.
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2. Pavment. Upon presentation of a claim to the City
2 Finance Director, City shall pay to Organization from the budget
3 for the 1985-1986 fiscal year, the total sum of SIX THOUSAND
~ DOLLARS at such time or times and in such periodic amounts as
5 determined by the City Administrator and Finance Director of the
6 City, consistent with the grant proposal approved by the Fine
7 Arts Commission.
8
3. Use of Funds. The funds paid to Organization shall be
9 used solely for the purposes set forth in Paragraph 1 and in
10 strict compliance with the provisions set forth in the proposal.
11 No deviation from the proposal shall be made without the express
12 approval of the City. Said funds shall be expended by June 30,
13 1986, and any unexpended funds shall be returned to City by
14 Organization.
15
4. Accountino.. At such time or times as may be requested
16 by the City Administrator or Director of Finance of City,
17 Organization shall submit to the City Administrator, with a copy
18 to the Director of Finance and the San Bernardino Fine Arts
19 Commission, an accounting of the proposed and actual expenditures
20 of all revenues accruing to the qrganization for the fiscal year
21 ending June 30, 1986. Financial records shall be maintained in
22 accordance with generally accepted accounting principles by
23 Organization in such a manner as to permit City to easily trace
All books and records of
24 the expenditures of the funds.
25
Organization are to be kept open for inspection at any time
26 during the business day by the City or its officers or agents.
27
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5. Hold Harmless. Organization covenants and agrees to
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writing and delivered in person or sent by certified mail,
2 postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North wDw Street
San Bernardino, CA 92418
Prof. John Nava
Art Department
California State Universit
5500 University parkway
San Bernardino, CA 92407
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DATED:
8 ATTEST:
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11 City Clerk
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16 Approved as to form:
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19 City Attorney
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CITY OF SAN BERNARDINO
By
Mayor
FOUNDATION FOR CALIFORNIA
STATE UNIVERSITY
By
Title
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1 AGREEMENT
2 (Community Organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as WCity', and
5 the FOUNDATION FOR CALIFORNIA STATE UNIVERSITY (Gallery Tour
6 Program), a California nonprofit organization, referred to as
7 wOrganizationw.
8 The parties agree as follows:
9 1. Recitals.
10 A. Organization has requested financial assistance
11 from City for the fiscal year 1985-1986, in order to assist in
12 defraying the expense of certain concerts, shows, festivals or
13 events or activities sponsored by Organization as set forth in
14 Organization's grant proposal (hereinafter Wthe proposalW)
15 approved by the Fine Arts Commission of the City, a copy of which
16 proposal is on file in the Office of Cultural Affairs. The terms
17 of the proposal are incorporated herein by reference and shall
18 govern the uses of the funds provided herein. The financial
19 assistance provided for in this agreement is made on a one-time
20 only basis, and receipt of said funds shall not imply a
.
21 continuing obligation of the City beyond the term of this
22 Agreement.
23
B. The expenditure is for a valid municipal public
24 purpose, to wit: to initiate a regular tour program for
25 exhibitions throughout the year at California State University
26 Gallery for grammar school, junior high and high school students.
27 2. Pavrnent. Upon presentation of a claim to the City
28
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EXHii:i;T
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1 Finance Director, City shall pay to Organization from the budget
2 for the 1985-1986 fiscal year, the total sum of ONE THOUSAND TWO
3 HUNDRED DOLLARS at such time or times and in such periodic
4 amounts as determined by the City Administrator and Finance
5 Director of the City, consistent with the grant proposal approved
6 by the Fine Arts Commission.
7 3. Use of Funds. The funds paid to Organization shall be
8 used solely for the purposes set forth in Paragraph 1 and in
9 strict compliance with the provisions set forth in the proposal.
10 No deviation from the proposal shall be made without the express
11 approval of the City. Said funds shall be expended by June 30,
12 1986, and any unexpended funds shall be returned to City by
13 Organization.
14 4. Accountina. At such time or times as may be requested
15 by the City Administrator or Director of Finance of City,
16 Organization shall submit to the City Administrator, with a copy
17 to the Director of Finance and the San Bernardino Fine Arts
18 Commission, an accounting of the proposed and actual expenditures
19 of all revenues accruing to the Organization for the fiscal year
20 ending June 30, 1986. Financial records shall be maintained in
,
21 accordance with generally accepted accounting principles by
22 Organization in such a manner as to permit City to easily trace
23 the expenditures of the funds. All books and records of
24 Organization are to be kept open for inspection at any time
25 during the business day by the City or its officers or agents.
26 5. Hold Harmless. Organization covenants and agrees to
27 indemnify and save harmless the City and its employees and agents
28
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1 from all liabilities and charges, expenses (including counsel
2 fees), suits or losses however occurring, or damages arising or
3 growing out of the use or receipt of the funds paid hereunder and
4 all operations under this agreement. Payments hereunder are made
5 with the understanding that the City is not involved in the
6 performance of services or other activities of Organization.
i Organization and its employees and agents are independent
8 contractors and are not employees or agents of the City in
9 performing said services.
10 6. Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for any
12 reason by mailing a ten-day written notice to Organization and
13 this Agreement shall terminate ten days after the mailing of such
14 notice. In the event this Agreement is terminated for reasons of
15 improper use of funds or use of funds for any purpose other than
16 those authorized, any unexpended portion of the funds provided by
17 City shall be returned to City. In addition, Organization shall
18 reimburse to City any funds expended which were used for any
19 purposes other than those authorized under this Agreement.
20 7.
21 in this
Assianment. Organization shall not assign its interest
I
Agreement without the prior written approval of City.
22 8. Final Report. Prior to June 30, 1986, Organization
23 shall provide a final report on the project funded by this
24 Agreement in accordance with the Criteria for Financial Support
25 heretofore provided by City to Organization.
26 9. Notices. All notices herein required shall be in
27 writing and delivered in person or sent by certified mail,
28
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1 postage prepaid, addressed as follows:
2
3
4
5
6
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
DATED:
i ATTEST:
8
9 City Clerk
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15 Approved as to form:
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17 City Attorney
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Prof. John Nava
Art Department
California State Universit
5500 University Parkway
San Bernardino, CA 92407
CITY OF SAN BERNARDINO
By
Mayor
FOUNDATION FOR CALIFORNIA
STATE UNIVERSITY
By
Title