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RESOLUTION NO. 2003-10
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT
METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION 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 hereby
authorized and directed to execute on behalf of said City an Agreement with San
Bernardino-Riverside Counties District Metropolitan Opera Auditions, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by references as fully as
though set forth at length.
SECTION 2.
The authorization to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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2003-10
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT
METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND
CULTURE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the
The foregoing resolution is hereby approyed this c.. n-'
day of January ,
2003.
/~
NEll DE:a:=
City of San Bernardino
Approyed as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: L }.4-
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2003-10
Synopsis: San Bernardino-Riverside Counties District
Metropolitan Opera Auditions
The San Bernardino-Riverside Counties District Metropolitan Opera Auditions,
one of sixteen regional auditions, includes the states of California, Arizona, and
southern Nevada.
The Metropolitan Opera Auditions for the Inland Empire was formed in 1959 and
is one of six local Districts of Metropolitan Opera Council auditions.
These auditions afford our local singers the opportunity to compete and provide
eontacts with producers and directors in the vocal concert structure. Several
previous winners have successful careers with various National and International
Opera companies.
Estimated attendance - 380
Number of performances - 2 (plus Master Class)
Estimated costs - $9,642.00
Estimated income - $6,142.00
Grant requested - $3,500.00
Fine Arts Commission recommends - $3,500.00
2003-10
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as
"City" and the San Bernardino-Riverside Counties District
Metropolitan Opera Auditions, a non-profit organization,
referred to an "Organization"
The parties agree as follow:
l. Recitals.
A. Organization has requested financial
Assistance from City for fiscal year 2002-03, in order to
assist in defraying the expense of certain concerts,
shows, festivals, or events of activities sponsored by
Organizations as set forth Organization's grant proposal
(hereinafter "the proposal") approved by the Fine Arts
Commission of the City. A copy of said proposal is on
file in the Mayor's 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 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 valid municipal public
purpose, to wit: for the promotion of art appreciation in
San Bernardino, as more fully set forth in the proposal
submitted by Organization.
21 2. Payment. Upon presentation of a claim to the
Mayor's Office, City shall pay to Organization from the
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2003-10
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA
AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
budget for the 2002-03 fiscal year, the total sum of
$3,500.00 dollars, to cover the costs per Fine Arts grant
application agreement.
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 agreement. No deviation from the
agreement shall be made without the expressed approval of
the City of San Bernardino. Said funds shall be expended
by June 30, 2003, and any unexpended funds shall be
returned to City by Organization.
4. Accountinq. Within 20 days after the
completion of the event, the Organization shall submit to
the Mayor's Office, with copy to the Director of Finance,
an accounting of the actual expenditures connected with
said event as it relates to the fund which were provided
by the City. Financial records shall be maintained in
accordance with generally accepted accounting principles
by Organization in such 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. Failure to submit the
financial records in accordance with this section will
result in the Organization reimbursing the City.
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the City,
its elected and appointed boards, commissions, officers,
attorneys, agents and employee from all liabilities and
charges, expenses (including counsel fees), suits or
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA
AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
losses 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 performing said
services. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this
agreement on behalf of the City shall be considered as
.counsel fees. for the purposes of this paragraph.
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 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 funds provided by
City shall be returned to City. In addition, Organization
shall reimburse to City any funds expended which were
used for any purpose other than those authorized under
this Agreement.
7. Assionment. Organization shall not assign
its interest in this Agreement without the prior written
approval of City.
8. Insurance. Organization shall take out and
maintain during the life of this Agreement such public
liability and property damage insurance, naming the City,
its elective and appointive boards, commissions,
officers, attorneys, agents and employees as additional
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA
AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
insured by Organization and its agents performing acts
covered by this Agreement from the claims for personal
injury, including death, as well as from claims for
property damage which may arise from Organization's or
its agents' operation hereunder, whether such operations
be by Organization or its agent or by anyone directly or
indirectly employed by either Organization or its agents,
and the amounts of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not
less that $1,000,000 for injuries, including, but not
limited to, death, to any person, and subject to the same
limit for each person, in an amount not less than
$lOO,OOO on account of anyone occurrence.
(b)
less than
person on
Property Damage Insurance. In an amount not
50,000 for damage to the property of each
account of an occurrence.
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder are
to be paid as a salary to any employee of organization.
Organization shall provide worker compensation insurance
in the amount required by state law if the funds provided
hereunder are to paid as salary to any employee of
Organization. Organization shall require that all rights
of subrogation under such policy of workers compensation
insurance shall be waived as to City. City shall be set
forth as a additional named insured in each policy of
insurance provide hereunder.
(d) The Certificate of Insurance furnished to the
City shall require the insurer to notify the City of any
change or termination in the policy.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA
AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
9. Obliqation. Organization hereby convenants
that it has taken all actions necessary to make the
adherence to the obligations imposed by this agreement a
binding obligation of the organization.
lO. 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:
Mayor's Office
City of San Bernardino
Gwendolyn Roberts
San Bernardino-Riverside
Counties District
Metropolitan Opera
Auditions
lS9S Genevieve Street
San Bernardino, CA. 92405
300 North "D" Street
San Bernardino, CA. 924lS
ll. Entire Aqreement. This Agreement and any
other documents of instruments attached hereto or
referred to herein integrate all terms and conditions
mentioned herein or incidental hereto, and supersede all
negotiations 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 conditions of this
Agreement shall prevail.
l2. Non-Discrimination. Organization agrees that
for the term of this Agreement it shall not discriminate
in employment recruitment, hiring, admission practices,
advertising or in an other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
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'., to ,",
2003-10
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA
3 AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
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7 Date: ''"S p,,-..\,\M<-'1 ~ 'Z ou3
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CITY OF SAN BERNARDINO
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NEIL DERRY, Mayor Pro Tem
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10 ATTEST: f2.A i. 11 iJ. ~
11 R~~'~lark, City Clerk
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ORGANIZATION
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14 Approved as to form
15 and legal content:
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James F. Penman
City Attorney
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