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HomeMy WebLinkAboutS03-Mayor's Office 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 12/17/87 "'''' ,"",,/ RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXICDfIOR OP AN AGREEMENT WITH THE STURGES CENTER THEATRE COMPANY FOR Tal PROROTION OF 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 herby authorized and directed to execute on behalf of said City an Agreement with the Sturges Center Theatre Company for the promotion of arts and culture, a copy of which is attached hereto, marked Exhibit "AR 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 thereof, held on ____, 1987, by the the day of following vote, to wit: AYES: NAYS: ABSENT: City Clerk 1 S-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 12/17/87 ,,- "'- '-' -...,I Resolution Authorizing the Execution of Agreement etc (Sturges Center Theatre Company) Cont'd .-'--;'. of !he foregoing resolution is hereby approved this , 1987. day Mayor of the City of San Bernardino Approved as to form and legal content: , 1 "7 ,~~ 7 ,"-->'''- pty Attorney ,-' 2 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ...... AGREEMENT i (Fine Arts Funding) !wISA~EMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and STURGES CENTER THEATRE COMPANY, a California non-profit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance from City for the fiscal year 1987-1988, 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 (hereinafter "the proposal") approved by the Fine Arts Commission of the City, a copy of which 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 ~ 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. Pavment. 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 TEN THOUSAND 28 1 c ~ ,/ 1 DOLLARS ($10,000.00) at such time or times and in such periodic 2 amouat~ 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. S 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. 8 No deviation from the proposal shall be made without the express 9 approval of the City of San Bernardino. Said funds shall be 10 expended by June 30, 1988, and any unexpended funds shall be 11 returned to City by Organization. 12 4. Accountinq. At such time or times as may be requested 13 by the City Administrator or Director of Finance of City, 14 Organization shall submit to the City Administrator, with a copy 15 to the Director of Finance and the San Bernardino Fine Arts 16 Commission, an accounting of the proposed and actual expenditures 17 of all revenues accruing to the Organization for the fiscal year 18 ending June 30, 1988. Financial records shall be maintained in 19 accordance with generally accepted accounting principles by 20 Organization in such a manner as to permit City to easily trace 21 the expenditures of the funds. All books and records of 22 Organisation are to be kept open for inspection at any time 23 during the business day by the City or its officers or agents. 24 5. Hold Harmless. Organization covenants and agrees to 25 indemnify and save harmless the City and its employees and agents 26 from all liabilities and charges, expenses (including counsel 27 fees), suits or losses however occurring, or damages arising or 28 2 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 -- ,/" v growing out of the use or receipt of the funds paid hereunder and all o,.~ations under this agreement. Payments hereunder are made with t.. 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. Assiqnment. Organization shall not assign its interest in this Agreement without the prior written approval of City. 8. Final Report. Prior to June 30, 1988, 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: 3 .C 1"" '-' 1 2 City Administrator City of San Bernardino 300 North -D- Street San Bernardino, CA. 92418 3 4 DATED: 5 6 7 8 9 10 11 12 13 ATTEST: City Clerk Approved as to form and legal co~tent: ~ ? ,,k:-.-z'/.-.,._ (fty Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /","", V Sturges Center Theatre Company Mr. Barry Devine P. O. Box 737 San Bernardino, CA 92402 CITY OF SAN BERNARDINO By STURGES CENTER THEATRE COMPANY By Title 4