HomeMy WebLinkAbout2001-290
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RESOLUTION NO, 2001-290
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
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 Valley Community Concert Association, 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is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the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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2001-290
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO V ALLEY COMMUNITY CONCERT ASSOCIATION
FOR THE PROMOTION OF ARTS AND CULTURE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at aregular meeting thereof, held on the
17th day of September, 2001, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
~~~htPdmt1J LOef~
dl~r
/'
day of September,
The foregoing resolution is hereby approved this
2001.
Approved as to
Form and legal content:
By:
'. '
2001-290
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AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY OF
4 SAN BERNARDINO, a municipal corporation, referred to as
"City" and the San Bernardino Valley Community Concert
5 Association, a non-profit organization, referred to an
"Organizationll
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The parties agree as follow:
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1.
Recitals.
A. Organization has requested financial
Assistance from City for fiscal year 2001-02, 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
14 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.
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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.
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2. Payment. Upon presentation of a claim to the
21 Mayor's Office, City shall pay to Organization from the
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2001-290
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE
PROMOTION OF THE ARTS AND CULTURE.
budget for the 2001-02 fiscal year, the total sum of
$11,000.00 dollars, to cover the costs per Fine Arts
grant application agreement.
7 3. Use of Funds. The funds paid to Organization
shall be used solely for the purposes set forth in
8 Paragraph I 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, 2002, and any unexpended funds shall be
returned to City by Organization.
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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
City or its officers or agents. Failure to submit
financial records in accordance with this section
result in the Organization reimbursing the City.
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the
the
will
covenants arId
harmless the City
liabilities and
5. Hold Harmless. Organization
21 agrees to defend, indemnify, and hold
and its employees and agents from all
charges,
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2001-290
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE
PROMOTION OF THE ARTS AND CULTURE.
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5 expenses (including counsel fees), suits or losses
however occurring, or damages arising or growing out of
6 the use or receipt of the funds paid hereunder and all
operations under this agreement. Payments hereunder are
7 made with the understanding that the City is not involved
8 in the performance of services or other activities of
Organization. Organization and its e~ploye2s and agents
9 are independent contractors and are not employees or
agents of the City in performing said services. The
10 costs, salary and expenses of the City Attorney and
members of his office in enforcing this agreement on
11 behalf of the City shall be considered as "counsel feesH
12 for the purposes of this paragraph.
6. Termination. City shall have the right to
terminate this Agreement and any funding remaining unpaid
14 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.
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7. Assignment. Organization shall not assign
21 its interest in this Agreement without the prior written
approval of City.
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8. Insurance. Organization shall take out and
aintain during the life of this Agreement such public
liability and property damage insurance, naming the City
as additional insured, so as to insure City, its elective
and appointive boards, commissions, officers,
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2001-290
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2 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE
PROMOTION OF THE ARTS AND CULTURE.
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Agents and employees, Organization and its agents
performing act covered by this Agreement 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 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
21 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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(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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2001-290
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE
PROMOTION OF THE ARTS AND CULTURE.
9. Obligation. Organization hereby convenants
5 that it has taken all actions necessary to make the
adherence to the obligations imposed by this agreement a
6 binding obligation of the organization.
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10. Notices. All notices herein required shall be
8 in writing and delivered in person or sent by certified
mail, postage prepaid addressed as follows:
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As to City:
As to Organization:
Mayor's Office
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Robert A. Rutherfurd
president
San Bernardino Valley
Community Concert
Association
P.O. Box 377
San Bernardino, CA. 92404
12 City of San Bernardino
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300 North "0" Street
14 San Bernardino, CA. 92418
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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.
DATED:
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2001-290
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE
3 PROMOTION OF THE ARTS AND CULTURE.
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CITY OF S
BERNARDINO
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9 ATTEST :7f{~eJw.Q Ii. tJl1/I..k;
10 Rachel G. Clark, City Clerk
hJ yj(MwfJ1tcLrn~ apW4J
ORGANIZATION
alles, Mayor
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Approved as to form
14 and legal content:
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16 James F. Penman
City Attorney
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By:
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