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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH JUNIOR UNIVERSITY FOR THE
3 PROMOTION OF ARTS AND CULTURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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hereby authorized and directed to execute on behalf of said City
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an Agreement with Junior University for the promotion of arts and
SECTION 1.
The Mayor of the City of San Bernardino is
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culture, a copy of which is attached hereto, marked Exhibit "Aw
and incorporated herein by reference as fully as though set forth
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at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
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day of
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following vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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meeting thereof, held on
, 1988, by the
City Clerk
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1 Resolution of the City of San Bernardino Authorizing the
Execution of An Agreement with Junior University etc.
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The foregoing resolution is hereby approved this
day .
, 1988.
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Approved as to form
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C~ Attorney.
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Mayor of the City of San Bernardino
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4 BERNARDINO, a municipal corporation, referred to as "City", and
5 JUNIOR UNIVERSITY, a non-profit organization, referred to as
6 "Organization".
7 The parties agree as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1988-1989, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization's grant proposal (hereinafter "the proposal")
14 approved by the Fine Arts Commission of the City, a copy of which
15 proposal is on file in the Office of Cultural Affairs. The terms
16 of the proposal are incorporated herein by reference and shall
17 govern the uses of the funds provided herein. The financial
18 assistance provided for in this agreement is made on a one-time
19 only basis, and receipt of said funds shall not imply a
20 continuing obligation of the City beyond the terms of this
21 Agreement.
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AGREEMENT
(Fine Arts Funding)
THIS AGREEMENT is entered into between the CITY OF SAN
B. The expenditure is for a valid municipal public
purpose, to wit: for the promotion of arts and culture, as more
24 fully set forth in the proposal submitted by Organization.
25 2. Pavment. Upon presentation of a claim to the City
26 Finance Director, City shall pay to Organization from the budget
27 for the 1988-1989 fiscal year, the total sum of FIFTEEN THOUSAND
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1 DOLLARS ($15,000.00) at such time or times and in such periodic
2 amounts as determined by the City Administrator. and Finance
3 Director of the City, consistent with the grant proposal approved
4 by the Fine Arts Commission.
5 3. Use of Funds. The funds paid to Organization shall
6 be used solely for the purposes set forth in paragraph 1 and in
7 strict compliance with the provisions set forth in the proposal.
No deviation from the proposal shall be made without the express
approval of the City of San Bernardino. Said funds shall be
expended by June 30, 1989, and any unexpended funds shall be
returned to City by Organization.
4. AccountinQ. At such time or 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, 1989. 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
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1 growing out of the use or receipt of the funds paid hereunder and
2 all operations under this agreement. Payments hereunder are made
3 with the understanding that the City is not involved in the
4 performance of services or other activities of Organization.
5 Organization and its employees and agents are independent
6 contractors and are not employees or agents of the City in
7 performing said services.
8 6. Termination. City shall have the right to terminate
9 this Agreement and any funding remaining unpaid hereunder for any
10 reason by mailing a ten-day written notice to Organization and
11 this agreement shall terminate ten days after the mailing of such
12 notice. In the event this Agreement is terminated for reasons of
13 improper use of funds or use of funds for any purpose other than
14 those authorized, any unexpended portion of the funds provided by
15 City shall be returned to City. In addition, Organization shall
16 reimburse to City any funds expended which were used for any
17 purposes other than those authorized under this Agreement.
18 7. Assiqnment. Organization shall not assign its interest.
19 in this Agreement without the prior written approval of City.
20 8. Insurance. Organization shall take out and maintain
21 during the life of this Agreement such public liability and
22 property damage insurance as shall insure City, its elective and
23 appointive boards, commissions, officers, agents and employees,
24 Permittee and its agents performing acts covered by this
25 Agreement from claims for damages for personal injury, including
26 death, as well as from claims for property damage which may arise
27 from Organization's or its agents' operations hereunder, whether
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1 such operations be by Organization or its agents or by anyone
2 directly or indirectly employed by either Organization or its
3 agents, and the amounts of such insurance shall be as follows:
4 (a) Public Liability Insurance. In an amount not
5 less than $100,000 for injuries, including, but not limited to,
death, to anyone person and, subject to the same limit for each
person, in an amount not less than $100,000 on account of anyone
occurrence:
(b) Property Damage Insurance. In an amount of not
less than $50,000 for damage to the property of each person on
account of anyone occurrence.
9. Entire Aareement. This Agreement and any documents or
instruments attached hereto or referred to herein integrate all
terms and conditions mentioned herein or incidental hereto, and
supersede all negotiations and prior writing in respect to the
subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such
document or instrument, the terms and conditions of this
Agreement shall previal.
10. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
DATED:
ATTEST:
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City Clerk
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and legal content:
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Junior University
c/o Brian Sandahl
Grandahl Designs
392 South Arrowhead Ave.
Suites B-3 Ii B-4
San Bernardino, CA 92408
CITY OF SAN BERNARDINO
By
JUNIOR UNIVERSITY
By
Title
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