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HomeMy WebLinkAbout30- Mayor's Office CIT . OF SAN BERM RDL J - REQUE T VJR COUNCIL AC" :)N From: Thelma Press, Liaison, Mayollv'i�oII '� le Grant - Fine Arts Commission to _ San Bernardino Valley Community Dept: Mayor's Office � L` Concert Association Date: January 20, 1988 Synopsis of Previous Council action: 1984 - $6,500 1985 - $4,500 1986 - $4,500 Recommended motion: That the following grant application, as recommended by the Fine Arts Commission, with accompanying resolution, be approved: San Bernardino Valley Community Concert Association $8,000 Signpture Contact person: Thelma Press Phone: 5114 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $8,000 Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: ;.—.� Council Notes: CITY OF SAN BERN.,.4RDINO - REQUEi%* FOR COUNCIL ACTION STAFF REPORT The San Bernardino Community Concert Association will be celebrating its 50th Anniversary this year and will have special guest artists for their programming. i 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY 3 COMMUNITY CONCERT ASSOCIATION. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement with the San Bernardino Valley Community Concert 9 Association for the promotion of arts and culture, a copy of 10 which is attached hereto, marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof, held on 15 the --_ day of _— _—_— 1988, by the 16 following vote, to wit: 17 AYES: ------- --------- - - - --- 18 -------- - --------- ----__ 19 NAYS: --— -_-------------------- --------- 20 ABSENT: -------- 21 22 -City Clerk 23 24 25 26 27 28 -4-88 1 Resolution Authorizi the Executio )f Agreement etc (San Bernardino Valley Concert Association) Con' t 1 The foregoing resolution is hereby approved this ___ day 2 of 1988. 3 4 5 Mayor of the City of San Bernardino Approved as to form 6 and legal content: 7 s"- �; _,: Q,#y Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2-4-88 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 SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, a non-profit 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 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 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. 22 B. The expenditure is for a 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 EIGHT THOUSAND 28 2/4/88 1 1 DOLLARS ( $8, 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 ]. 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 . Accounting . 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 Organization 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 2/4/88 2 J 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. Assignment. 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 28 2/4/88 3 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, 6 death, to any one person and, subject to the same limit for each 7 person, in an amount not less than $100, 000 on account of any one 8 occurrence; 9 (b) Property Damage Insurance. In an amount of not 10 less than $50, 000 for damage to the property of each person on 11 account of any one occurrence. 12 9 . Entire Agreement . This Agreement and any documents or 13 instruments attached hereto or referred to herein integrate all 14 terms and conditions mentioned herein or incidental hereto, and 15 supersede all negotiations and prior writing in respect to the 16 subject matter hereof. In the event of conflict between the 17 terms, conditions or provisions of this Agreement, and any such 18 document or instrument, the terms and conditions of this 19 Agreement shall previal . 20 10 . notices. All notices herein required shall be in 21 writing and delivered in person or sent by certified mail , 22 23 24 25 26 28 2/4/88 4 ,n. AGREEMENT — FINE AT''"'7 — FISCAL YE7 ' 1987-1988 1 postage prepaid, addressed as follows: 2 City Administrator San Bernardino Valley City of San Bernardino Community Concert Association 3 300 North "D" Street 5945 Orange Knoll Ave. San Bernardino, CA. 92418 P. 0. Box 377 4 San Bernardino, CA 92402 5 DATED: 6 CITY OF SAN BERNARDINO 7 ATTEST: 8 By ----- --------- 9 City Clerk SAN BERNARDINO VALLEY 10 COMMUNITY CONCERT ASSOCIATION 11 By -------- -------- 12 T i t l e—---------- — 13 Approved as to form and .)legal content: 14 - 15 Cft�r Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 2/4/88 s