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HomeMy WebLinkAbout56-Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1'0-12- 8 9 28 t"-X( > - AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF sa. BERNARDINO, a municipal corporation, referred to d. ~"...... ... .'....- as "City", and The Sunset Group a 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 1988-89, in order to assist in defraying the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organi- zation'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 munici- pal public purpose, to wit: for the promotion of visual arts in art appreciation in San Bernardino, as 25 more fully set forth in the proposal submitted by 26 Organization. 27 2 . Payment. Upon presentation of a claim to ,;,- ~!.." - ...- .FJri. , ~!~.~:;:~~~~~ ,~ i:- ,. j,. 4' , 4fsto 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 10-12-89 28 , I the City Finance Director, City shall pay to Organiza- tion from the budget for the 1989-90 fiscal year, the total sum of twenty-five thousand dollars, to cover the costs per the Fine Arts grant application agreement. 3. Use of Funds. The funds paid to Organi- zation 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, 1990 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, 1990. Financial records shall be maintained in accordance with generally a~cepted accounting principles by Organization in such a manner as to permit City to easily trace the expendi- tures 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 -2- 1 2 3 4 5 6 ~ , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 10-12-89 28 agrees to defend, indemnify, and hold harmless the city _~ its employees and agents from all liabilities and i~". ~ charq..,~~.xp.nses (including counsel fees), suits or ... .. .~c'. '::... j .. 10.... however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this agreement. Payments hereunder are made with the 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 performinq said services. 6. Termination City shall have the right to terminate this Agreement and any funding remaining un- paid 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. Insurance. organization shall take out -3- ~. "-\" , .. 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 10'-12-89 28 and maintain during the life of this Agreement such public liability and property damage insurance as shall .t ~.~ f ... ~ i ~c.'" insure City, its elective and appointive boards, <<,~, commi..ions, officers, agents and employees, permittee and its agents performing acts covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operations hereunder, whether such operations be by Organization or its agents or by anyone directly or indirectly employed by either Organization or it. agents, and the amounts of such insurance shall be a. follows: (a) Public Liability Insurance. In an amount not 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 $50,000 for damage to the prpperty of each person on account of anyone occur- rence. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. 9. organization hereby convenants that it has taken all actions necessary to make the adherence to -4- '$ " ~ ;' ! 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 10-12-89 28 II the obligations imposed by this agreement a binding obligation of the organization. 10. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: As to City: As to organization: City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 The Sunset Group Attn: Mervyn Simchowitz 225 W. Hospitality Ln., #100 San Bernardino, CA 92408 11. Maintenance of Sculpture . At all times contemplated herein, organization shall keep, maintain and repair that work of art which is the subject of this agreement and shall keep it in such condition as is appropriate for its proper presentation to the general public. Such appropriateness shall be as determined by the Fine Arts Commission of the City. Any decision of the Fine Arts Commission with respect to such maintenance may be appealed to the Mayor and Common Council as provided in SBMC 2.64. The decision of the Mayor and Common Council shall be final. 12. Upon dissolution or deactivation of organi- zation either in its entirety of its operation or as to that portion of its operation charged with the main- tenance of the subject art work, such art work shall be come the property of the city of San Bernardino. Such art work shall be delivered to a place, within the City of San Bernardino, designated by the Fine Arts Commission. Upon delivery, the Fine Arts Commission shall then be charged with the future placement and -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 lO~12-89 28 25 maintenance of the art work. 13. Upon removal by organization, its successor, assigna, or designees of the subject art work beyond the then existing boundaries of the City of San Bernardino, the entire amount of the monies provided pursuant to this agreement shall become immediately due and payable to the Fine Arts Commission of the City of San Bernardino. Said sum shall be a debt of the organization, its successors assigns and designees. Said debt shall be collectable using any means avail- able for the collection of debt in the State of California. Said debt shall accrue interest at the rate of 7% per annum from the date the subject art work is removed beyond the City limits. City shall be entitled to reasonable costs of collecting the debt. This paragraph shall also apply to the intentional destruction of the work of art by organization, its successors, assigns and designees. 14. Entire Aqreement. 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 negotia- tions 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 condi- tions of this Agreement shall prevail. \ -6- I Ac;l~~'T BETIvE~~" THE~L'i OF SA':J BEH~io'.RDINO ANI) 'I'HS Su~SET GRCUP FOR THE FDJE ARTS FUNLlD.Jr 10-12-89 28 1 2 3 4 DATED: 5 ATTEST: 6 7 8 City Clerk 9 10 11 12 13 14 15 16 CITY OF SAN BERNARDINO Organization Approved as to form and legal content: 17 18 19 20 21 22 23 24 1\ , ./) ,J ~.~ ,r. ~~ (jity Attorney 25 26 27 -7- CITY, OF SAN BER~RD;NO - ~UEST ~ COUNCIL ACTION From: Thelma Press, Liaison, Mayor and Council Subject: Recommendation by Fine Arts Commission Grant to The Sunset Group - $25,000 Dept: Date: August 22, 1989 Synopsis of Previous Council action: Recommended motion: Adopt resolution. ~~ Signature Contact person: Thelma Press Supporting data attached: Yes Phone: ext. 5114 Ward: FUNDING REQUIREMENTS: Amount: $25,000 Source: (Acct. No.) 001-091-!i360S- S311~ (Acct. DescriPtion) Arts Fundinq Finance:~ (~ () t4.r- Council Notes: Agenda Item NO.~ /J 75-0262 C CITY, OF SAN BERNARDINO "'''', ...".i - REQUEST FOR COUNCIL ACTION STAFF REPORT The grant request for a life size bronze sculpture "Raindancer" to be placed in The Plaza Area of the Plaza Development situated at the northwest corner of Hunts Lane and Hospitality Lane in Sunwest Professional Park. This is the first request for a Visual Arts Grant. (This has already been installed). The Fine Arts Commission voted to fund for the following reasons: 1. The half percent collected from commerical develop- ment to the arts has enabled San Bernardino to grow culturally. 2. The granting of funds has been up to now only to the Performing Arts. 3. There is a great need for the beautification of San Bernardino through the Visual Arts and the Commission is , hoping to place other sculptures in different sectors of our City . " , ! 4. This particular sculpture has a'security system for its protection. The Commission members nave added the following stipulations: 1. Applicant/Company will be responsible for mainten- ance of the sculpture/projec~. 2. If the Applicant/Company dissolves, the sculpture/ project will be returned to the City of San Bernardino, ATTENTION: Fine Arts Commission. 3. If the Applicant/Company decides to move the sculpture/project out of the city, the monies originally funded must be pel.idback to the City of San Bernardino, ATTENTION: Fine Arts Commission. I The grant request in the amount of $25,000 was approved by the Fine Arts Commission at their meeting?n July 14, 1989. 75-0264 j ; , I \ .;11"'>'-;'.' "'-' ~ Ralndancer (lIfeslze) Dreams -- ~ .. ''ltilt-tn ...,' . ~. '.,~.:J . '. . .,~l:' . Saturn America's Cup 2086 -. - __ ----'-----I BENNETT SCULPTURE Studios S Foundry 4505 Greenstone Road Placerville. CA 95667 (916) 933.0738 3iiBENNETT SCULPTURE ARTISTS: Tom Bennett Bob Bennett Limited Edition Bronze Sculpture 3 A ~ It... - _.ir""'.~,,~ .....", J ,-0 <" 353 SUNWEST COURT 6 -.. 15 .383 > 20 "" n Q Ii] ~~~ .\ ., :. m """~ ~ 2 ..lI _ ~ e oz . Q. 2 ~m -""11m s. m D.,,:= ~ - m- . :5. 2 -O~Q) ~ Ii] mm. gmcn "'0 -f [ :0 ~~~ (DIO 0 · C:D Q6"- :np-< c.... "Ig m (") ~ :r I m 0 0 C/.) ~ '"0 :0 - -I r r )> )> " r- " - .J -I . (") . l> -< ~ ~ < ~~ 1 0 ::) r- 2cs> 1 C m ~~ ~ J m JJ en -, J ,;.> m :0 . X ~ 0 I -.,. - - OJ ~f -..J - ....- t ~ -(;1) .4 ~ " :) I OJ ()) ..J ~UNTS LAN~'53 ~ 2'Sf~ Jl~ 331 >. 31 ~z . C/) . 1 ~ r--- - - ~ --- - ..- i \"-,,, .(......... NEED STATEMENT The Plaza, located on Hospitality Lane, is at the center of t~,e Commercenter, witidn waH:ing distance from botb ene::: of :~ospitality Lane. The Plaza '.;ill coast such rE:stc:urant u:::er::: .:1:: ~hE: Good Earth ~estaurant, Tte Crient Express, Philly Steak Sandwich Shop, and an Italian restaurant; these restaurant: will '.::enerc.te a large voluue of i';al!~ ing traff ic. The Plaza lias created a food court atmosphere ~ith outside eating ~reas. This sculpture will not only r-roLote the arts wiU:in OUr rrofessional co;;;r;,unity, but will be a :::,taterl,ent to the E.any visitors, toth business and personal, that visit Hospitality Lane that S~n Bernardino is a city of culture and a supporter of the arts. 14 #'''''''' ~ ......,. INTENDED RESULTS THIS ARTHORK WILL BE VIEWED BY AN ESTIMATED 9,000 VEHICHLES PER DAY, AS PROJECTED BY EXHIBIT "B", AND AN ESTIMATED 2,000 PEDESTRIANS. 15 . ,Sin &ertl.u cUrto City fine Aru Commi.Won "..... '-" ........... ORc;AN1ZA ~ ~ilAN'T APPL!CA nON FORW I. AppUcant Orpnizat.ion ame, . tact .1On MERVYN ~mH.l. z Title PRESIDENT 714) 381-438 THE SUNSET GROUP 225 W. HOSPITALITY LN., #100 SAN BERNARDINO, CA 92408 ID. Pro.,.. Cafe...y Under Which Suppon 11 aequesteda SPECIAL PROJECTS ~iod of Support Requated Phone ( 7 1 4) 3 8 1 - 4 3 81 CA State Non-Profit 10' N/A Number 0' Yurs in Existence N/A N/A awtin&J tIWu (Endir\&J v. Summuy 0' Project DelCl'ipUGna LIFESIZE BRONZE SCULPTURE "RAINDANCER" BY ARTISTS BOB & TOM BENNETT TO BE PLACED IN 'fHE PLAZA AREA t1fJ THE PLAZA DEVELOPMENT SITUATED AT THE NORTHHEST CORNER OF HUNTS LANE i\ND HOSPITALITY LANE IN THE SUNUEST PROFESSIONAL PARK. VI. C$U,T..i6d O\MTlbti 01 .-nons expected to benefit from dUa ptoaram/ptojec1l SEE ATTACHED a) Number of perlOl\l by paid att8ndancm NONE DENUGKA.PHICS AND b) Number of pel'1GM by fr_ or complim..,-wy-.-isaioN FREE TO TRAFFIC COUNTS ALL .pUBLIC YD. Need statemena SEE ATTACHED ViiI. Intended ResWtSI SEE ATTACHED IX. Summary 01 Estimated COSUI "'. Direct Cosu S~ies and wages Supplies ~ Materia.ls Travel Fixed Assets/RentalS or 'Leases Fees and Other INSTALLATION TOT AL COSTS OF PROJECT TOTAL DIRECT COSTS TOTAL PROJECT COSTS ~ 29.576.66 B. Indirect Costs x. Organi.ution anticipated flRUng/expensesa ^. Ex~ N/A B. Revenues, Grants, Contributions, etc. Actual Most Recent Fisc.a.l Period $ $ Estima ted This Fiscal Period $ $ Xl. Tota! amount requested from San Bernardino City Fine "'rts Commi.ss!on NOTE: AmoU1t Requested $ 29, 576 . 66 P Ius toW revenues, $ - 0 - grants, COft1:ribuuons, etc. Must equal tow project $ 29, 57 G . 66 costs above ,.... -.... -- . " f ~ 1 I ''';,J .... ..........-.. - xu. CER TlFICA nON: Project Officer PATRICIA GREEN Phone Number (714) 381-4381 Title Data VICE PRESIDENT 5/3/89 1 ""'-" -- Oate: 6/15/88 INVOICE 3iBEN'ETT SCUlPTURE t~~ 2040 0 Sold To: ICON GENERAL CONTRACTORS 225 W. HOSPITALITY LANE STE 100 SAN BERNARDINO, CA 92408 Phone #: 7 14 888 - 7 2 0 1 Carmel/Carmel Plaza 408-625-1085 San Carlos 408-624-2470. Dallas/Galleria 214-387 -4278 Honolulu/Hyatt Regency Waikiki 808-926-5533 La Jolla 619-454-5257 Maui 808-661-5538 Placerville/Foundry 916-933-0738 San Francisco/Wharf 415-673-1230 Scottsdale/Main St. 602-946-4552 Summit/Lake Tahoe 916-659-7359 Ship To: THE PLAZA (ICON) CORNER OF HUNTS LANE AND HOSPITALITY LANE SAN BERNARDINO, CA 92408 RAINDANCER 25,000 LESS DEPOSIT P~ID (10,OOOl BALANCE DUE 15,000 Special Instructions: 15,000 Subtotal Sale. Tax Shipping Total 15.000 Cash a Check 0 Credit Card - Amex a MC a VISA a Exp. Date Ship: Gallery a Foundrya Taken a Certificate: Take'n a Send a ALL SALES FINAL Gallery Salesperson GREENSTONE CARRIE BENNETT Customer Signature ON FILE Ship By Date 17 #~';-*'>. """'" :ICON : ....,.. ... .. ..-...-. - .-.\ GENERAL CONTRACTORS November 23, 1988 Patricia Green SUNSET REAL ESTATE CORP. DBA: The Sunset Group 225 W. Hospitality Ln. Suite 100 San Bernardino, CA 92408 Dear Pat, ,"""",,, Following is a breakdown of costs incurred on the monument as per the attached invoices. Monument Pedistal Materials: 95 block @ $1.05 each + 6% 63 mushroom caps @ ~8aeach +6% 1 yard concretegro~t @ $75.00 e~ch 1-2/3 yards concrete fboting @ $75.00 100 ceramic hand painted tiles Labor: Footings - cost to dig and pour, one man, eight hours @ $30.00/hr. Block laying - $3.00 per block Grouting - two men for two hours Capping - $3.00 per unit (laying) Cuts -eight pieces per radius, four radi @ $2.00 per cut 8 Hours of labor for placement of hand painted .tiles Total cost of materials and labor: ~ 105.74 54.18 75.00' 123.75 1,800.00 ====1:1:===== $ 2 , 1 58 . 66 $ 240.00 285.00 100.00 189.00 64.00 400.00 =========== $ 1,278.00 $ 3,436.66 20 225 W. Hospitality Lane. Suite 100. San aernardino. CA 92408 · (714) 888.7201 · Lie. #472605 Patrici.a Green Page :2 ,-.. \,.,' ,"" Should you have questions or require additional information, please give me a call. Sincerely, ICON C] ~le--Vl ~_ ./' L---' Gwen E. Bradac Project Nanager GEB:jm ~CtdO L 21 f'" '-" "'""""" ICON GENERAL CONTRACTORS November 23, 1988 Patricia Green . SUNSET REAL ESTATE CORP. DBA: The Sunset Group 225 W. Hospitality Ln. Suite 100 San Bernardino, CA 92408 Dear Pat, Attached please find a quote from John Dey at PRO-TECH ELECTRIC, regarding ground lights which will be provided for the monument. The cost includes materials and labor. Four ground lights at 5285.00 each: $ 1,140.00 Should you have questions or require additional information, please give me a call. Sincerely, ICON ,..., / ) ~) l~~~/,- '0ladol~\.-/ '--" . ./ I Gwen E. Bra-aac Project Manager GEB:jm. 18 225 W Hospitality Lane. Suite 100. San Bernardino CA 92408 · (714) 888-7201 · Lie. ..472605 ""'"' """!"" PROMtECli~ Electr;c, ~nc~ ..:)~.... lie.:. IIC 10.469893 l,'AX 'l'nANSM:r:T'l'A'Y, COVE1~ S!.n~w;.' DATI':: 1110l~ 88. A'I".rr.NTION:_ . (A-)t:\,,-y SENT ["nOM: ~O.JdJ P1WJ1;:C'l' : _S~, cA~~._(TS. NUM1H~n OJ? PAGES': COVl?R &. -6:" . COMMr:N1'3: ~ f1s,],:, '-1&/1.,. f)..&~f:ii::L~ ~~/L ~~~ c::".e'~lI6J..,.1'5Al1P"f1~ ;(:'i:CA;;:ii _ . N<n::tr. ""'D-\A'r..~. c.,/~.z;) .~~ . ~(J ~ne:. '~.Z.J~ ~~ n:;.;e.::SVfVJ.. '. ~I LL . '.fMJe.H~ · aUt- .. ;;r?-' 0< R5 .~ ~J.lt ~ LIC1Wr5 Af.l.t;,. )..)ffr ...w.l>i.~- "....... 0JVE . &.1.7 ~ J;.JA.JCTlClN~c...,'" . ------~.__._------.._....._-..-.. ~-----_. --.--....-- ", 19 1499 PomolJr.-\ F;oa(,l, Suite F · Corona, CA 91720 0 (7" 4) 7~'l7M'1945 . ' ,",,'\'.~, ,t'~ '-(-, '~ . ELLIOTT PRECIShJN BLOCK COMPANY COMMERCIAL and RESIDENTIAL BLOCKS 157 RANCHO AVE. · P.O. BOX 488. SAN BERNARDINO, CA 82402 (714) 885-1581 5851 INVOICE NO,: (~~( S-- 7 70 I CUSTOMER NO.: I~ 9. 2: L~ SOLD TO: _~-t J-01~)~t~ {};p SHIP -yb f;~Iv, ~~kLfJf' 10, ~ j~~~t/. €~ " , ,I % /,'/17 tI j/a;U SHIP VIA F.O." TINII PURCHASE ORDER NUMBER ORDER DATE SALU PERSON OUR ORDER NUMBER 0IlDeND IHIPI'B B.O. ITEM NUMBER DE8CRIPT1ON UNIT PRICI! EXTEfCIID PRICI! 1~10 . /. or- l~/ fC , ( ~ If J 11, Oc I t/{)O 178-d . ). [: j{)~ Jjc I ---l~ ./ l, t1 g-oc y J~ u- II C- t,. 1'0' J7 ~~ t:i I 0 1~, / {/ I (lJif )J i <!.-{ - ~(;- I ~ 77/1/ -- ;8? qr; r rt-G - 1-- s- r'" /J':-~~l p JJ if! .,~ ?tf c ~ fI( II .' Il/I-?? IE CUSTOMER AGREES THAT THE TERMS AND CONDITIONS OF SALE PRINTED ON THE REVERSE SIDE OF THIS INVOICE , ..:E HEREBY INCORPORATED IN THIS AGREEMENT I L~DED LOAD CHECKED BY: DRillER 22 AUTHORIZED SIGNATURE 8710 ,....., 0 -. '-'" OMPANY . . . \ J=; OCK C . ISlaN BLi LOCKS 1011 PRE~L oncl RESlDEN:~':-":ADINO. CA 12402 - COMMERCI X 4" . SAN UE · P.O. SO It "581 NCHO A.... . (714) 81.- 57RA \.""i!'" VOICE NO.: IN ) ) ER No.: CUSTOM ~ ~ ~ (0. '7 (. Be! . ) .., '"' r- . .. ~ ') SHIP 4 . ,0 ' ~ f 41-, 10: I '~/ U' ~/-A/'/V~ / 'it J1t fj)~ t L~ ~ ~ , i ~. . , , 1!'("ii-. , -"-/,.l ~ ~:7 ~, ...... ~c, .. .t,O &it qt- ~ /y ~ ~-/~ ~ - g /L/ ~ ~. I~ v. tj- IV 1/ rt/~ ., I... ~ " , ;4 ~ , OF THIS INIIOICE EASE SlOE ON THE AEV SALE PAINTED 2 3 CONDITlONS OF us AND "S THAT TH~:: AGREEMENT DRIVER :;~DIN _ LCW>CKED av, OlE GNAT\JAE RIZED 51 AUTHO ,..,'" ."-,, '''''''''' 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO 3 UTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SUNSET GROUP FOR THE PROMOTION OF ARTS AND CULTURE. 4 BE IT RESOLVED BY THE KAYOR AND COMMON COUNCIL OF 5 THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with The Sunset 8 Group a copy of which is attached hereto, marked Exhibit 9 "A" and incorporated herein by reference as fully as 10 I 11 12 13 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 14 thereof, held on the 15 16 17 18 day of 1989, by the following vote, to wit: AYES: 19. 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of 1989. Resolution ~The Sunset r,roup 1 2 3 4 :t::a;t~:::nd 5 Cll Attorney 6 7 8. 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 2S, 26 27 28 ......,...,..".. '. .,.". W. R. Holcomb, Mayor city of San Bernardino leqal content: """'~ I"'~"" '-" , ,..." AGREEMENT 1 Fine Arts Fundina 2 THIS AGREEMENT i. entered into between the CITY 3 OF SAN BERNARDINO, a municipal corporation, referred to 4 as "City", and The Sunset Group a non-profit 5 organization, referred to as "organization". 6 The parties agree as follows: 7 8 1. Recitals . A. organization has requested financial 9 assistance from City for the fiscal year 1988-89, in 10 order to assist in defraying the expense of certain 11 concerts, shows, festivals or events or activities 12 sponsored by organization as set forth in Organi- 13 zation' s grant prdposal (hereinafter "the proposal") 14 approved by the Fine Arts Commission of the City, a 15 copy of which pro~osal is on file in the Office of 16 Cultural Affairs. : The terms of the proposal are I 17 incorporated herein by reference and shall govern the 18 uses of the funds provided herein. The financial 19 assistance provided for in this agreement is made on a 20 one-time only basis, and receipt of said funds shall 21 not imply a continuing obligation of the City beyond 22 the terms of this Agreement. 23 B. The expenditure is for a valid munici- 24 pal pUblic purpose, to wit: for the promotion of 25 visual arts in art appreciation in San Bernardino, as 26 more fully set forth in the proposal submitted by 27 Organization. 28 2. Pavment. Upon presentation of a claim to '" . 1 2 :! 4 5 () 7 8 9 10 11 12 13 14 Agreement for <:) Sunset Group !~"'~ t - 15 the City Finance Director, city shall pay to organiza- tion from the budget for the 1989-90 fiscal year, the total sum of twenty-five thousand dollars, to cover the costs per the Fine Arts grant application agreement. 3. Use of Funds. The funds paid to organi- zation 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, 1990 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, 1990. 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 expendi- tures 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 16 17 18 19 20 21 22 23 24 2;) 26 27 28 Agreement for t~unset Group '^"' , ..,.,,' 1 2 3 4 agrees to defend, indemnify, and hold 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 growing out of the use or receipt of the funds paid hereunder 5 and all operations under this agreement. Payments 6 hereunder are made with the understanding that the City 7 is not involved in the performance of services or other I 8 activities of organization. organization and its 9 employees and agents are independent contractors and 10 are not employees or agents of the city in performing 11 said services. 12 6. Termination. City shall have the right to 13 terminate this Agreement and any funding remaining un- 14 paid hereunder for any reason by mailing a ten-day 15 written notice to organization and this agreement shall 16 terminate ten days after the mailing of sUch notice. In 17 the event this Agreement is terminated for reasons of 18 improper use of funds or use of funds for any purpose 19 other than those authorized, any unexpended portion of 20 the funds provided by City shall be returned to City. 21 In addition, Organization shall reimburse to City any 22 funds expended which were used for any purposes other 23 than those authorized under this Agreement. 24 7. Assignment. Organization shall not assign 25 its interest in this Agreement without the prior 26 written approval of City. 27 28 8. Insurance. Organization shall take out ~ Agreement for t~unset Group 1 and maintain during the life of this Agreement such public liability and property damage insurance as shall insure city, its elective and appointive boards, commissions, officers, agents and em~loyees, permittee and its agents performing acts covered by this Agreement from claims for damages tor personal injury, 2 3 4 [, 6 including death, as well as from claims for property damage which may arise from organization's or its agents'operations hereunder, whether such operations be by organization or its agents or by anyone directly or indirectly employed by either organization or its agents, and the amounts of such insurance shall be as 7 8 9 10 11 12 13 follows: (a) Public Liability Insurance. In an 14 amount not less than $100,000 for injuries, including, 15 but not limited to, death, to anyone person and, 16 subject to the same limit for each person, in an amount 17 not less than $100,000 on account of anyone 18 occurrence; 19 (b) Property Damage Insurance. In an 20 amount of not less than $50,000 tor damage to the 21 property of each person on account of anyone occur- 22 rence. 23 city shall be set forth as an additional 24 named insured in each policy of insurance provided 25 hereunder. 26 9. organization hereby convenants that it has- 27 taken all actions necessary to make the adherence to 28 ,")co;'. Agreement for""-rne Sunset :Group the obligations imposed by this agreement a binding 1 obligation of the organization. 2 10. Notices. All notices herein required 3 shall be in writing and delivered in person or sent by 4 certified mail, postage prepaid, addressed as follows: 5 6 7 8 n As to City: City Administrator city of San Bernardino 300 North "0" Street San Bernardino, CA 92418 As to organization: The Sunset Group Attn: Mervyn Simchowitz 225 W. Hospitality Ln., #100 San Bernardino, CA 92408 11. Entire Aareement . This Agreement and any 10 documents or instruments attached hereto or referred to 11 herein integrate all terms and conditions mentioned 12 herein or incidental hereto, and supersede all negotia- 13 tions and prior writing in respect to the subject 14 matter hereof. In the event of conflict between the 15 16 17 18 In 20 21 22 23 24 terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and condi- tions of this Agreement shall prevail. DATED: ATTEST: 25 26 27 28 City Clerk CITY OF SAN BERNARDINO 10 11 12 13 14 15 IG 17 18 19 20 21 22 23 24 Agreement for ,~ Sunset Group ,-/ ,.""'" \-,' 1 organization 2 3 4 5 Approved as to form and legal content: G ~t.~ 8 ~ty Attorney -../ . 7 9 25 2G 27 28