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HomeMy WebLinkAbout17-Mayor's Office ,--- --._, - - '-~ CIT-~ OF SAN BERNARDI~~Q - REQUE"'T FOR COUNCIL ~c!T.~N From: Mft'D, - ADM'" -, Thelma PreSS,LlalSOn . ,;",e;. Mayor's OfficJ986 NOV 24 PM 2: 32 Subject: Allocations by Fine Arts Commission to City Organizations - $65,900 Dept: / Date: I'~ovember 10, 1986 Synopsis of Previous Council action: Inland Empire Symphony - 12/85 $20,000; 5/85 $16,000; Sinfonia Mexicana $3,000 San Bernardino Valley Concert Association - 1985 $4,500 Community Arts Production - 11/85 $17,000; 3/85 $12,000 (1984 budget) Dr. Barnes, Cal State - 12/85 $5,000; 3/85 $2,500 (1984 budget) Recommended motion: That the grant allocations recommended by the Fine Arts Commission be approved, as follows: Inland Empire Symphony San Bernardino Valley Concert Assoc. Community Arts Production Norm Baffrey/Roosevelt Bowl Dr. Ronald Barnes, Cal State Ballet Folklorico Cultural $28,000 4,500 17,500 6,000 6,400 3,500 adopt Resolution. Note: No contract is needed for Roosevelt Bowl. Since it is a City organization, an internal transfer of funds will be completed. ~~~. Signature Contact person: Thelma Press Phone: 5114 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: _$65,900 Source: A ,..." r::.....JI..~ Finance: t.J... c. "CA . Council Notes: 75-0262 Agenda Item No. /~ , - 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS WITH INLAND EMPIRE SYMPHONY 3 ASSOCIATION, SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, COMMUNITY ARTS PRODUCTIONS, THE FOUNDATION FOR 4 CALIFORNIA STATE UNIVERSITY, AND BALLET FOLKLORICO CULTURAL, RELATING TO FINE ARTS FUNDING. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY 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 9 city agreements with Inland Empire Symphony Association, San 10 Bernardino Valley Community Concert Association, Community 11 Arts Productions, The Foundation for California State 12 University, and the Ballet Folklorico Cultural, copies of 13 which are attached hereto, marked Exhibit "A" through Exhibit 14 "E" and incorporated herein by reference as fully as though 15 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 18 Bernardino at a meeting thereof, held on 19 the 20 wit: day of , 1986, by the following vote, to 21 22 23 24 25 26 27 28 / / / / / / / / 11/24/86 1 . - 1 2 3 4 5 6 council Members AYES: NAYS: ABSENT: 7 8 9 10 11 ]2 ]3 14 ]5 16 ]7 18 ]9 20 2] 22 23 24 25 26 27 28 City Clerk The foregoing resolution is hereby approved this day of I 1986. Mayor of the city of San Bernardino Approved as to form: /t~<<~ City ttorney 11/24/86 2 1 AGREEMENT 2 (Fine Arts Funding) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "city", and 5 the INLAND EMPIRE SYMPHONY ASSOCIATION, a California nonprofit 6 organization, referred to as "Organization". .1 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance 10 from City for the fiscal year 1986-1987, 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 15 which proposal is on file in the Office of CUltural Affairs. 16 The terms of the proposal are incorporated herein by reference 17 and shall govern the uses of the funds provided herein. The 18 financial assistance provided for in this agreement is made on 19 a one-time only basis, and receipt of said funds shall not 20 imply a continuing obligation of the city beyond the terms of 21 this Agreement. 22 B. The expenditure is for a valid municipal public 23 purpose, to wit: for 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 27 budget for the 1986-1987 fiscal year, the total sum of TWENTY- 28 11/19/86 1 EXhiJiT /\ . 1 EIGHT THOUSAND DOLLARS ($28,000) at such time or times and in 2 such periodic amounts as determined by the City Administrator 3 and Finance Director of the city, consistent with the grant 4 proposal approved by the Fine Arts Commission. 5 3. Use of Funds, The funds paid to Organization shall be 6 used solely for the purposes set forth in Paragraph 1 and in 7 strict compliance with the provisions set forth in the 8 proposal. No deviation from the proposal shall be made without 9 the express approval of the City of San Bernardino. Said funds 10 shall be expended by June 30, 1987, and any unexpended funds 11 shall be returned to City by Organization. 12 4. Accountina. 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 15 copy to the Director of Finance and the San Bernardino Fine 16 Arts Commission, an accounting of the proposed and actual 17 expenditures of all revenues accruing to the Organization for 18 the fiscal year ending June 30, 1987. Financial records shall 19 be maintained in accordance with generally accepted accounting 20 principles by Organization in such a manner as to permit City 21 to easily trace the expenditures of the funds. All books and 22 records of Organization are to be kept open for inspection at 23 any time during the business day by the City or its officers or 24 agents. 25 5. Hold Harmless. Organization covenants and agrees to 26 indemnify and save harmless the City and its employees and 27 agents from all liabilities and charges, expenses (inCluding 28 11/19/86 2 . 1 counsel fees), suits or losses however occurring, or damages 2 arising or growing out of the use or receipt of the funds paid 3 hereunder and all operations under this agreement. Payments 4 hereunder are made with the understanding that the City is not 5 involved in the performance of services or other activities of 6 Organization. Organization and its employees and agents are 7 independent contractors and are not employees or agents of the 8 city in performing said services. 9 6. Termination. City shall have the right to terminate 10 this Agreement and any funding remaining unpaid hereunder for 11 any reason by mailing a ten-day written notice to Organization 12 and this agreement shall terminate ten days after the mailing 13 of such notice. In the event this Agreement is terminated for 14 reasons of improper use of funds or use of funds for any 15 purpose other than those authorized, any unexpended portion of 16 the funds provided by City shall be returned to City. In 17 addition, Organization shall reimburse to City any funds 18 expended which were used for any purposes other than those 19 authorized under this Agreement. 20 7. Assianment. Organization shall not assign its 21 interest in this Agreement without the prior written approval 22 of city, 23 8. Final ReDort. Prior to June 30, 1987, 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 28 11/19/86 3 .~-- - ~ - - n, ----=-' 1 2 3 4 5 writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: . City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Executive Director Inland Empire Symphony Assoc. 362 West Court Street San Bernardino, CA 92401 6 DATED: 7 8 ATTEST: CITY OF SAN BERNARDINO 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11/19/86 BY Mayor City Clerk INLAND EMPIRE SYMPHONY ASSOCIATION By Title Approved as to form: /~jUJW~ City Att"orney 4 f 1 2 3 4 5 6 7 8 The parties agree as follows: 9 1. Recitals. 10 A. Organization has requested financial assistance 11 from city for the fiscal year 1986-1987, 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 16 which proposal is on file in the Office of Cultural Affairs. 17 The terms of the proposal are incorporated herein by reference 18 and shall govern the uses of the funds provided herein, The 19 financial assistance provided for in this agreement is made on 20 a one-time only basis, and receipt of said funds shall not 21 imply a continuing obligation of the City beyond the terms of 22 this Agreement. 23 B. The expenditure is for a valid municipal public 24 purpose, to wit: for promotion of arts and culture, as more 25 fully set forth in the proposal submitted by Organization. 26 2. PaYment. Upon presentation of a claim to the city 27 Finance Director, City shall pay to Organization from the AGREEMENT (Fine Arts Funding) THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, a California nonprofit organization, referred to as "Organization". 28 11/19/86 1 I"" ' ! ~ . . :":i..i;i:-"j n 'l 1 budget for the 1986-1987 fiscal year, the total sum of FOUR 2 THOUSAND FIVE HUNDRED DOLLARS ($4,500) at such time or times 3 and in such periodic amounts as determined by the city 4 Administrator and Finance Director of the City, consistent with 5 the grant proposal approved by the Fine Arts Commission. 6 3. Use of Funds. The funds paid to organization shall be 7 used solely for the purposes set forth in Paragraph 1 and in 8 strict compliance with the provisions set forth in the 9 proposal. No deviation from the proposal shall be made without 10 the express approval of the City of San Bernardino. Said funds 11 shall be expended by June 30, 1987, and any unexpended funds 12 shall be returned to city by Organization. 13 4. Accountina. At such time or times as may be requested 14 by the City Administrator or Director of Finance of City, 15 Organization shall submit to the city Administrator, with a 16 copy to the Director of Finance and the San Bernardino Fine 17 Arts Commission, an accounting of the proposed and actual 18 expenditures of all revenues accruing to the Organization for 19 the fiscal year ending June 30, 1987. Financial records shall 20 be maintained in accordance with generally accepted accounting 21 principles by Organization in such a manner as to permit City 22 to easily trace the expenditures of the funds. All books and 23 records of Organization are to be kept open for inspection at 24 any time during the business day by the City or its officers or 25 agents. 26 5. Hold Harmless. Organization covenants and agrees to 27 indemnify and save harmless the City and its employees and 28 11/19/86 2 1 agents from all liabilities and charges, expenses (including 2 counsel fees), suits or losses however occurring, or damages 3 arising or growing out of the use or receipt of the funds paid 4 hereunder and all operations under this agreement. Payments 5 hereunder are made with the understanding that the City is not 6 involved in the performance of services or other activities of 7 Organization. Organization and its employees and agents are 8 independent contractors and are not employees or agents of the 9 City in performing said services. 10 6. Termination. City shall have the right to terminate 11 this Agreement and any funding remaining unpaid hereunder for 12 any reason by mailing a ten-day written notice to Organization 13 and this agreement shall terminate ten days after the mailing 14 of such notice. In the event this Agreement is terminated for 15 reasons of improper use of funds or use of funds for any 16 purpose other than those authorized, any unexpended portion of 17 the funds provided by City shall be returned to City. In 18 addition, Organization shall reimburse to city any funds 19 expended which were used for any purposes other than those 20 authorized under this Agreement. 21 7. Assianment. Organization shall not assign its 22 interest in this Agreement without the prior written approval 23 of City. 24 8. Final ReDort. Prior to June 30, 1987, Organization 25 shall provide a final report on the project funded by this 26 Agreement in accordance with the criteria for Financial support 27 heretofore provided by City to Organization. 28 11/19/86 3 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 ] 9. Notices. All notices herein required shall be in 2 writing and delivered in person or sent by certified mail, 3 postage prepaid, addressed as follows: 4 5 6 7 City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Executive Director San Bernardino Valley Community Concert Association 422 W. 16th st., Suite 4 San Bernardino, CA 92402 8 DATED: 9 i ~c .... 10 ATTEST: CITY OF SAN BERNARDINO BY City Clerk Mayor SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION By Title Approved as to form: Cit:{t:y~G 11/19/86 4 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 AGREEMENT (Fine Arts Funding) THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the COMMUNITY ARTS PRODUCTIONS, a California nonprofit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance from City for the fiscal year 1986-1987, 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 of the proposal are incorporated herein by reference and shall govern the uses of the funds provided herein. The financial assistance provided for in this agreement is made on a one-time only basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this Agreement, B. The expenditure is for a valid municipal public purpose, to wit: for promotion of arts and culture, as more fully set forth in the proposal submitted by organization. 2. Pavment. Upon presentation of a claim to the City Finance Director, City shall pay to Organization from the budget for the 1986-1987 fiscal year, the total sum of , 11/19/86 1 EXlilDi I i,l 1 SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) at such time 2 or times and in such periodic amounts as determined by the City 3 Administrator and Finance Director of the City, consistent with 4 the grant proposal approved by the Fine Arts Commission, 5 3. Use of Funds. The funds paid to Organization shall be 6 used solely for the purposes set forth in Paragraph 1 and in 7 strict compliance with the provisions set forth in the 8 proposal. No deviation from the proposal shall be made without 9 the express approval of the City of San Bernardino. Said funds 10 shall be expended by June 30, 1987, and any unexpended funds 11 shall be returned to City by Organization. 12 4. Accountina. 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 15 copy to the Director of Finance a~d the San Bernardino Fine 16 Arts Commission, an accounting of the proposed and actual 17 expenditures of all revenues accruing to the Organization for 18 the fiscal year ending June 30, 1987. Financial records shall 19 be maintained in accordance with generally accepted accounting 20 principles by Organization in such a manner as to permit City 21 to easily trace the expenditures of the funds. All books and 22 records of Organization are to be kept open for inspection at 23 any time during the business day by the city or its officers or 24 agents. 25 5. Hold Harmless. Organization covenants and agrees to 26 indemnify and save harmless the City and its employees and 27 agents from all liabilities and charges, expenses (including 28 11/19/86 2 - 1 counsel fees), suits or losses however occurring, or damages 2 arising or growing out of the use or receipt of the funds paid 3 hereunder and all operations under this agreement. Payments 4 hereunder are made with the understanding that the city is not 5 involved in the performance of services or other activities of 6 Organization, Organization and its employees and agents are 7 independent contractors and are not employees or agents of the 8 city in performing said services. 9 6. Termination. City shall have the right to terminate 10 this Agreement and any funding remaining unpaid hereunder for 11 any reason by mailing a ten-day written notice to Organization 12 and this agreement shall terminate ten days after the mailing 13 of such notice. In the event this Agreement is terminated for 14 reasons of improper use of funds or use of funds for any 15 purpose other than those authorized, any unexpended portion of 16 the funds provided by City shall be returned to City. In 17 addition, Organization shall reimburse to city any funds 18 expended which were used for any purposes other than those 19 authorized under this Agreement. 20 7. Assianment. Organization shall not assign its 21 interest in this Agreement without the prior written approval 22 of city. 23 8. Final ReDort. Prior to June 30, 1987, 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 28 11/19/86 3 1 writinq and delivered in person or sent by certified mail, 2 postaqe prepaid, addressed as follows: 3 4 5 6 City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 7 DATED: Executive Director Community Arts Productions P. O. Box 6033 San Bernardino, CA 8 9 ATTEST: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk Approved as to form: c~~f::::~E 11/19/86 CITY OF SAN BERNARDINO , .W ~~ BY Mayor COMMUNITY ARTS PRODUCTIONS By Title 4 1 AGREEMENT 2 (Fine Arts Funding) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 the THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, a 6 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 1986-1987, 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 I s grant proposal (hereinafter "the proposal") 15 approved by the Fine Arts Commission of the city, a copy of 16 which proposal is on file in the Office of CUltural Affairs, 17 The terms of the proposal are incorporated herein by reference 18 and shall govern the uses of the funds provided herein. The 19 financial assistance provided for in this agreement is made on 20 a one-time only basis, and receipt of said funds shall not 21 imply a continuing obligation of the City beyond the terms of 22 this Agreement. 23 B. The expenditure is for a valid municipal public 24 purpose, to wit: for promotion of arts and culture, as more 25 fully set forth in the proposal submitted by Organization. 26 2. Pavment. Upon presentation of a claim to the city 27 Finance Director, city shall pay to Organization from the 28 11/19/86 1 EXHillif 0 1 budget for the 1986-1987 fiscal year, the total sum of SIX 2 THOUSAND FOUR HUNDRED DOLLARS ($6,400) at such time or times 3 and in such periodic amounts as determined by the City 4 Administrator and Finance Director of the City, consistent with 5 the grant proposal approved by the Fine Arts Commission. 6 3. Use of Funds. The funds paid to Organization shall be 7 used solely for the purposes set forth in paragraph 1 and in 8 strict compliance with the provisions set forth in the 9 proposal. No deviation from the proposal shall be made without 10 the express approval of the City of San Bernardino. Said funds 1] shall be expended by June 30, 1987, and any unexpended funds 12 shall be returned to City by Organization. 13 4. Accountina. ~t such time or times as may be requested 14 by the City Administrator or Director of Finance of City, 15 Organization shall submit to the City Administrator, with a 16 copy to the Director'of Finance and the San Bernardino Fine 17 Arts Commission, an accounting of the proposed and actual ]8 expenditures of all revenues accruing to the Organization for 19 the fiscal year ending June 30, 1987. Financial records shall 20 be maintained in accordance with generally accepted accounting 21 principles by organization in such a manner as to permit City 22 to easily trace the expenditures of the funds. All books and I 23 records of Organization are to be kept open for inspection at 24 any time during the business day by the City or its officers or 25 agents. 26 5. Hold Harmless. Organization covenants and agrees to 27 indemnify and save harmless the City and its employees and 28 11/19/86 2 1 agents from all liabilities and charges, expenses (including 2 counsel fees), suits or losses however occurring, or damages 3 arising or growing out of the use or receipt of the funds paid 4 hereunder and all operations under this agreement. Payments 5 hereunder are made with the understanding that the City is not 6 involved in the performance of services or other activities of 7 Organization. Organization and its employees and agents are 8 independent contractors and are not employees or agents of the 9 city in performing said services. 10 6. Termination. City shall have the right to terminate 11 this Agreement and any funding remaining unpaid hereunder for 12 any reason by mailing a ten-day written notice to Organization 13 and this agreement shall terminate ten days after the mailing 14 of such notice. In the event this Agreement is terminated for 15 reasons of improper use of funds or use of funds for any 16 purpose other than those authorized, any unexpended portion of 17 the funds provided by city shall be returned to city. In 18 addition, organization shall reimburse to City any funds 19 expended which were used for any purposes other than those 20 authorized under this Agreement. 21 7. Assianment. organization shall not assign its 22 interest in this Agreement without the prior written approval 23 of City. 24 8. Final Reoort. Prior to June 30, 1987, Organization 25 shall provide a final report on the project funded by this 26 Agreement in accordance with the criteria for Financial support 27 heretofore provided by City to organization. 28 11/19/86 3 1 9. Notices. All notices herein required shall be in 2 writinq and delivered in person or sent by certified mail, 3 postaqe prepaid, addressed as follows: 4 5 6 7 8 9 10 11 12 13 city Clerk City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Executive Director The Foundation for California State university 5500 university Parkway San Bernardino, CA 92407 DATED: ATTEST: CITY OF SAN BERNARDINO BY Mayor 14 ]5 ]6 ]7 ]8 ]9 20 21 THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY By Title Approved as to form: 22 ~~ ~~ 23 City Attorney 24 25 26 27 28 11/19/86 4 1 AGREEMENT 2 (Fine Arts Funding) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 the BALLET FOLKLORICO CULTURAL, a California nonprofit 6 organization, referred to as "Organization". 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance 10 from City for the fiscal year 1986-1987, 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 15 which proposal is on file in the Office of CUltural Affairs. 16 The terms of the proposal are incorporated herein by reference 17 and shall govern the uses of the funds provided herein. The 18 financial assistance provided for in this agreement is made on 19 a one-time only basis, and receipt of said funds shall not 20 imply a continuing obligation of the City beyond the terms of 21 this Agreement. 22 B. The expenditure is for a valid municipal public 23 purpose, to wit: for 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 27 budget for the 1986-1987 fiscal year, the total sum of THREE 28 11/19/86 1 EXHIBIT E 1 THOUSAND FIVE HUNDRED DOLLARS ($3,500) at such time or times 2 and in sUcb~riodic amounts as determined by the City 3 Administrator and Finance Director of the city, consistent with 4 the grant proposal approved by the Fine Arts Commission, 5 3. Use of Funds. The funds paid to Organization shall be 6 used solely for the purposes set forth in Paragraph 1 and in 7 strict compliance with the provisions set forth in the 8 proposal. No deviation from the proposal shall be made without 9 the express approval of the City of San Bernardino. Said funds 10 shall be expended by June 30, 1987, and any unexpen4e4 fund. 11 shall be returned to City by Organization. 12 4. Accountina. At such time or times as may be requested 13 by the city Administrator or Director of Finance ot.'city, 14 Organization shall submit to the city Administrator, with a 15 copy to the Director of Finance and the San Bernardino Fine 16 Arts Commission, an accounting of the proposed and actual 17 expenditures of all revenues accruing to the Organization for 18 the fiscal year ending June 30, 1987. Financial records shall 19 be maintained in accordance with generally accepted accounting 20 principles by Organization in such a manner as to permit City 21 to easily ~e the expenditures of the funds. All books and 22 records of Organization are to be kept open for inspection at 23 any time during the business day by the City or its officers or 24 agents. 25 5. Hold Harmless. Organization covenants and agrees to 26 indemnify and save harmless the City and its employees and 27 agents from all liabilities and charges, expenses (including 28 11/19/86 2 . . 1 counsel fees), suits or losses however occurring, or damages 2 arising or ~wing out of the use or receipt of the funds paid . . 3 hereunder aDd all operations under this agreement. Payments 4 hereunder are made with the understanding that the City is not 5 involved in the performance of services or other activities of 6 Organization. Organization and its employees and agents are 7 independent contractors and are not employees or agents of the 8 city in performing said services. 9 6. Termination. City shall have the right to terminate ~ ~f~;;:~ "'" ,::'~'--.,~ 10 this Agreement and any funding remaining unpaid he~j~,,:. ".,:.-' .-:.,....._,1::, 1] any reason by mailing a ten-day written notice to orq~iz.~iOn' .~. . .' ' ]2 and this agreement shall terminate ten days after ttie"ilihtJ '" '." . +. ,~ ]3 of such notice. In the event this Agreement is terminated for " ]4 reasons of improper use of funds or use of funds for any ]5 purpose other than those authorized, any unexpended portion of 16 the funds provided by City shall be returned to City. In 17 addition, Organization shall reimburse to City any funds 18 expended which were used for any purposes other than those 19 authorized under this Agreement. 20 7. Assianment. Organization shall not assign its 21 interest in this Agreement without the prior written approval .' 22 of city. 23 8. Final ReDort. Prior to June 30, 1987, 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 28 11/19/86 3 1 writing and delivered in person or sent by certified mail, . , 2 Postage pr.,.1d, addressed as follows: ;i."- . 3 4 5 6 'f" City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 7 DATED: Executive Director Ballet Folklorico CUltural 476 South Mt. Vernon Ave, San Bernardino, CA 92410 8 9 ATTEST: 10 11 12 13 14 15 16 17 18 19 city Clerk Approved as to form: 20 /?~~~. 21 ,city Attorne}' ~' '~ 22 .; 23 24 25 26 27 28 11/19/86 CITY OF SAN BERNARDINO BY Mayor :t. I';. \":i~~:::'~: i .<:~\ ':'_,::.:i'." '~;";.~':, .".. ~~~~~:~~.~ "I...";,,,,,,.. . ,-.,' _~,"" ~,.",t'.~, ~ ~. ~ ,!(,j. .,.. :,':r." '. .~~<\~ ,.. ~.' BALLET FOLXLORICO CULTURQ; By Title 4