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HomeMy WebLinkAboutS02-Mayor's Office /--- '- 18 19 20 21 22 23 24 25 26 27 28 12/17/87 \ I'"" '-' :) 1 2 3 RESOLUTION NO. aBSOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE BXICDrIQI or AN AGREEMENT WITH THE JUNIOR UNIVERSITY FOR THE PltOllMIOR or ARTS AND CULTURE. 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 an Agreement with the Junior University for the promotion of arts and culture, a copy of which is attached hereto, marked Exhibit WAW and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting there~f, held on 14 the 15 16 17 day of , 1987, by the following vote, to wit: AYES: NAYS: ABSENT: City Clerk 1 S-.t ( .... 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 12/17/87 /.... " "- '-' Resolution Authorizing the Execution of Agreement etc (Junior University) Cont'd . . The foregoing resolution is hereby approved this of day , 1987. Mayor of the City of San Bernardino Approved as to form and legal content: ."\ I G..,..-;...'. 2 r' \... /'..... ." ""'"" -.J 1 AGREEMENT 2 (Fine Arts Funding) 3 7BIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 JUNIOR UNIVERSITY, a California non-profit organization, referred 6 to as WOrganizationw. 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance 10 from City for the fiscal year 1987-1988, 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 proposalW) 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. 22 B. The expenditure is for c valid municipal public 23 purpose, to wit: for the promotion of arts and culture, as more 24 fully set forth in the proposal submitted by Organization. 25 2. Payment. Upon presentation of a claim to the City 26 Finance Director, City shall pay to Organization from the budget 27 for the 1987-1988 fiscal year, the total sum of ONE THOUSAND 28 1 C 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 ';-' '-' ,....~"....., J EIGHT HUNDRED DOLLARS ($1,800.00) at such time or times and in such periodic amounts as determined by the City Administrator and Finan..'Director of the City, consistent with the grant proposal approved by the Fine Arts Commission. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph 1 and in 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, 1988, and any unexpended funds shall be returned to City by Organization. 4. Accountina. 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, 1988. 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 2 ( , "-- I 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 ~ ' '-' growing out of the use or receipt of the funds paid hereunder and all a,erations under this agreement. Payments hereunder are made with "* 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. 6. Termination. City shall have the right to terminate this 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. Assianment. Organization shall not assign its interest in this Agreement without the prior written approval of City. 8. Final Reoort. Prior to June 30, 1988, Organization shall provide a final report on the project funded by this Agreeaent 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: 3 " ,C 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'" '-' City Administrator City of San Bernardino 30~IDEtb ~D. Street S~.&:ftardino, CA. 92418 DATED: CITY OF SAN BERNARDINO ATTEST: By City Clerk , , J \ -- Junior University Brian Sandahl 3520 N. Camelia Drive San Bernardino, CA 92404 JUNIOR UNIVERSITY By Title Approved as to form and ,1egal cont~nt: ~?,~ ~ Attorney 4