HomeMy WebLinkAbout2003-351
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RESOLUTION NO. 2003-351
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE INLAND EMPIRE SYMPHONIC CHOIR 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 authorize
and direct to execute on behalf of said City an Agreement with INLAND EMPIRE
SYMPHONIC CHOIR, a copy of which is attached hereto marked Exhibit "A" and
incorporate 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is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
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2003-351
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY'
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE INLAND EMPIRE SYMPHONIC CHOIR 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
15th day of December, 2003, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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Council Members:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
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CitY'clerk
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2003.
The foregoing resolution is hereby approved this i ~'-,,,
day of December ,
Approved as to
Form and legal content:
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By:
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'C:UL,
Ju' Valles, Mayor
of San Bernardino
2003-351
Synopsis: Inland Empire Symphonic Choir
The Inland Empire Symphonic Choir is the official chorus of
the San Bernardino Symphony Orchestra at the California
Theatre. It is comprised of members of the community and the
campus at Cal State University, San Bernardino.
Although the choir receives some funding from Cal State, the
majority of its funding comes from fund raising and grant
activity. Nearly half of the choir's audience is comprised of
complimentary admissions, which go, primarily, to students.
. Estimated Attendance.....................l,200
. Number ofPerformances......................5
. Estimated Costs......................$15,475.00
. Estimated Income....................$14,lOO.OO
. Grant Award Recommended..........$683.00
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2003-351
AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as
"City" and the Inland Empire Symphonic Choir, a non-
profit organization, referred to an "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
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.
2. Payment. Upon presentation of a claim to the
Mayor's Office, City shall pay to Organization from the
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2003-351
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND
CULTURE.
budget for the 2003-4 fiscal year, the total sum of
$683.00 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, 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 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 employees from all liabilities and
charges, expenses (including counsel fees), suits or
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2003-351
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE SYMPHONIC CHOIR 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. Assignment. 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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2003-351
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE SYMPHONIC CHOIR 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
$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 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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2003-351
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE SYMPHONIC CHOIR INC. FOR THE PROMOTION OF THE
ARTS AND CULTURE.
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:
Mayor's Office
As to Organization:
Teresa Morris,
Coordinator of Choir Work
Group
Inland Empire Symphonic
Choir
California State
University
5500 University Parkway
San Bernardino, CA. 92407
City of San Bernardino
San Bernardino, CA. 92418
11. Entire Agreement. 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.
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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2003-351
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND
CULTURE.
DATED:
U 'I!:s C>3
CITY OF 9AN BERNARDINO
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ATTEST: y '';;1 ~.-r,-.
Rach 1 G. Clark, Clty Clerk
ORGANIZATION
Approved as to form
and legal content:
James F. Penman
City Attorne
By:
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