HomeMy WebLinkAbout2003-276
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RESOLUTION NO. 2003-276
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN
BERNARDINO SYMPHONY ORCHESTRA 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.
Tbe Mayor of tbe City of San Bernardino is
bereby autborized and directed to execute on bebalf of said City an
Agreement witb San Bernardino Sympbony Orcbestra, a copy of wbicb is
attacbed bereto marked Exbibit "A" and incorporated berein by
reference as fully as tbougb set fortb at lengtb.
SECTION 2.
Tbe autborization to execute tbe above
referenced agreement is rescinded if tbe parties to tbe agreement fail to
execute it witbin sixty (60) days oftbe passage oftbis resolution.
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RESOLUTION NO. 2003-276
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION
OF ARTS AND CULTURE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
jt. regomeeting thereof, held on the 6th day of October, 2003, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
x
LONGVILLE
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK ~
Q"c~J\d.- !;). tL'^--k-
- Cit'yclerk
The foregoing resolution is hereby approved this ?5''fl.t
October ,2003.
day of
~L5~Q~
Betty Dean Anderson, Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: L 7~
{!
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2003-276
AGREEMENT
THIS AGREEMENT is entered into between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as
"City" and the San Bernardino Symphony Orchestra, a non-
profit organization, referred to as "Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
Assistance from City for fiscal year 2003-04, in order
to assist in defraying the expense of certain concerts,
shows, festivals, or events of activities sponsored by
Organization. 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 valid municipal public
purpose, to wit: for the promotion of art appreciation
in San Bernardino.
2. Payment. Upon presentation of a claim to the
Mayor's Office, City shall pay to Organization from the
Mayor's budget for the 2003-04 fiscal year, the total
sum of $70,000.00 dollars, to cover Organization's costs
associated with Paragraph 1.
-1-
Exhibit "A"
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
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, 2004, and any unexpended funds
shall be returned to City by Organization.
4. Accounting. 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 funds
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 (if requested by City), indemnify, and
hold harmless the City, its elected officials, boards,
commissions, officers, attorneys, agents and employees
from all liabilities, charges and expenses (including
counsel fees), suits or losses however occurring, or
-2-
Exhibit "A"
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO SYMPHONY ORCHESTRA.
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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 .counse1 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. Assignment. Organization shall not assign
its interest in this Agreement without the prior written
approval of City.
Insurance. Organization shall take out and
during the life of this Agreement such public
and property damage insurance, naming the
elective officials, boards, commissions,
attorneys, agents, and employees as additional
8.
maintain
liability
City, its
officers,
-3-
Exhibit "A"
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
insured by Organization and its agents performing acts
covered by this Agreement from 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
$100,000 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 an 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 by ten
(10) days advance written notice of any change or
termination in the policy.
-4-
Exhibit "A"
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
9. Obligation. 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.
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:
Mayor's Office
City of San Bernardino
Ann Harris, President
San Bernardino Symphony
Orchestra
362 W. Court Street
San Bernardino, CA. 92401
300 North "D" Street
San Bernardino, CA. 92418
11. Entire Agreement. This Agreement and any
other documents or instruments attached hereto or
referred to herein integrate all terms and conditions
mentioned herein or incidental hereto, and supersede all
negotiations and prior writings 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.
12. 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.
-5-
Exhibit "A"
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
DATED:
CITY OF SAN BERNARDINO
Judith Valles, Mayor
ATTEST:
Rachel G. Clark, City Clerk
ORGANIZATION
Approved as to form
and legal content:
James F. Penman
City Attorney
By:
-6-
Exhibit "A"
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2003-276
AGREEMENT
THIS AGREEMENT is entered into between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as
"City" and the San Bernardino Symphony Orchestra, a non-
profit organization, referred to as "Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
Assistance from City for fiscal year 2003-04, in order
to assist in defraying the expense of certain concerts,
shows, festivals, or events of activities sponsored by
Organization. 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 valid municipal public
purpose, to wit: for the promotion of art appreciation
in San Bernardino.
2. Payment. Upon presentation of a claim to the
Mayor's Office, City shall pay to Organization from the
Mayor's budget for the 2003-04 fiscal year, the total
sum of $70,000.00 dollars, to cover Organization's costs
associated with Paragraph 1.
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
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, 2004, and any unexpended funds
shall be returned to City by Organization.
4. Accounting. 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 funds
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 (if requested by City), indemnify, and
hold harmless the City, its elected officials, boards,
commissions, officers, attorneys, agents and employees
from all liabilities, charges and expenses (including
counsel fees), suits or losses however occurring, or
-2-
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
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. Assignment. Organization shall not assign
its interest in this Agreement without the prior written
approval of City.
Insurance. Organization shall take out and
during the life of this Agreement such public
and property damage insurance, naming the
elective officials, boards, commissions,
attorneys, agents, and employees as additional
8.
maintain
liability
City, its
officers,
-3-
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
insured by Organization and its agents performing acts
covered by this Agreement from 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
$100,000 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 an 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 by ten
(10) days advance written notice of any change or
termination in the policy.
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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
9. Obligation. 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.
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:
Mayor's Office
City of San Bernardino
Ann Harris, President
San Bernardino Symphony
Orchestra
362 W. Court Street
San Bernardino, CA. 92401
300 North "D" Street
San Bernardino, CA. 92418
11. Entire Agreement. This Agreement and any
other documents or instruments attached hereto or
referred to herein integrate all terms and conditions
mentioned herein or incidental hereto, and supersede all
negotiations and prior writings 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.
12. 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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2003-276
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA.
DATED: O&roa f,,;;ia'!3
,
CITY OF SAN BERNARDINO
~C}fi<~ -
Betty Dean Anderson, Mayor Pro Tern
(~ I L, An I
ATTEST: U 'v(--Ad I,,) - ~"--'
Racn 1 G. Clark, Clty Clerk
ORGANIZATION
Approved as to form
and legal content:
~ft/~
,
James F. Penman
City Attorney
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