HomeMy WebLinkAbout2002-350
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RESOLUTION NO. 2002-350
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 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.
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 Symphony Orchestra, a copy of which is attached hereto marked Exhibit "A"
and incorporated herein by reference 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is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the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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2002-350
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 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 j t. reg meeting thereof, held on the
4th day of November, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
DERRY
~
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
~~lYLedinci),.hyiff_
City Clerk .
2002.
day of November ,
The foregoing resolution is hereby approved this
th Valles, Mayor
C' y of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
l.f~
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2002-350
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AGREEMENT RECEIVEf).-C/T'( CLERK
'02 NOV 13 P 4 :08
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 an "Organization"
The parties agree as follow:
Recitals.
1.
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
Organization. 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.
2. Pavment. Upon presentation of a claim to the
Mayor's Office, City shall pay to Organization from the
budget for the 2002-03 fiscal year, the total sum of
$70,000.00 dollars, to cover the costs associated with
Paragraph 1.
3. Use of Funds. ThE runds paid to Orsanization
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
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2002-350
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE
ARTS AND CULTURE.
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 he kept open for
inspection at any time during the business day by the
City or its officer,; or agents. Failure to sClbmit the
financj_::ll records i.n a.cccrdanc2 with this section will
reE~111t in tne Organizat.ion relrnburslng Lhe \..~lt}..
5. Hold Harmless. Organization covenants and
agrees to defend if requested by City, indemni.fy, and
hold harmless the City, its departments, agencies boards,
commissions, elected officials, officers, attorneys,
employees and agents from all liabilities, charges and
expenses (lncluding counsel fees). suits or losses
however cC'::lrring, or damages arising or growing o~lL: of
the use or receipt of the funds paid hereunder and all
operd::.ions under this agree~ll,=nt. Payments herE:undel.~ a.re
made v:ich the unciersr:ar~ditlg r.:ha+: the Ci.ty is not involvE'a.
in the pE-:i:-f01.TLlanCe of services (;r other acLi.vities of
Orqanization. Organization and its employeRs and aqents
are independent con I~ractors anel are not employees or
agents of the Clty in performlng said services. The
costs, salary ami Rxpenses of the City Attorney and
mernbers of hHl office in enforcing this agreement: on
hehalf of the City shall be considered as "counsel fees"
for the ;mrposes of this paragraph.
6. Ten\ination. City shall have the right to
terminate this Agreement and any funding remaining unpaid
21 hereundeL~ [,:::c allY reascn by (fIail~ng 3. t.en-da::/ ~^r:ci tt2T1
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'Cotice to Organizatlon and this agreement shall terminate
ten days after the mailing of such notice. In event this
Agreement is terminatsd for reasons of improper use of
funds or use of funds for any purpose other t:han those
authorized, any unexpended portion of funds provided by
City shall be returned to City. In addition, Organization
shall reimburse to City c-ny funds expended which were
used for any purpose other than those authorized under
this Agreement.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE
ARTS AND CULTURE.
7. Assiqnment. 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 departments, agencies, boards, commissions, elected
officials, officers, attorneys, employees and agents from
the claims for property damage 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 workey compensation ~nsurance 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.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE
ARTS AND CULTURE.
(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.
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.
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
Mark Edwards, President
San Bernardino Symphony
Orchestra
362 West Court Street
San Bernardino, CA. 92401
300 North "D" Street
San Bernardino, CA. 92418
11. 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
conditioi1s 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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2002-350
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE
ARTS AND CULTURE.
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4 DATED: N6 VUJ/t3t:1!- ~, ,f/(O:i.
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CITY OF SAN BERNARDINO
10 ATTEST: ~)f!!2~
11 Rachel G. Clark, City Clerk
12 ~ ~aJ7du:v J*dinaJ / ~~
ORGANIZATION
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Approved as to form
and legal content:
James F. Penman
18 City Attorney
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