HomeMy WebLinkAbout1996-317
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RESOLUTION NO. 96-317
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA
3 AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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 the Metropolitan Opera Auditions, 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referenced agreement is rescinded if the parties to the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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a joint regular
meeting thereof, held on the
21st
day of October
1996, by the following vote, to
wit:
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RES 96-317
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA
2 AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
AYES
NAYS
ABSENI'
ABSTAIN
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Clerk
resolution is hereby approved this :lgvL
, 1996.
'~I(>!t!t~L
Tom Minor, Mayor
City of San Bernardino
The foregoing
day 0 f October
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
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BY(J~' -.j ~
RES 96-317
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1 AGREEMENT
2 Fine Arts Fundinq
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 METROPOLITAN OPERA AUDITIONS, a non-profit organization,
6 referred to as "Organization."
7 The parties agree as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1996-97, in order to assist in
11 defraying the expense of certain concerts, shows , festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization's grant proposal (hereinafter "the proposal")
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs.
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement.
22 B. The expenditure is for a valid municipal public
23 purpose, to wit: for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2. Pavrnent. Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
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RES 96-317
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1 budget for the 1996-97 fiscal year, the total sum of $2,000
2 dollars, to cover the costs per the Fine Arts grant
3 application agreement.
4 3. Use of Funds. The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement. No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30, 1997, and any
10 unexpended funds shall be returned to City by Organization.
11 4. Accountinq. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds. All books and records of
20 organization are to be kept open for inspecLion at any time
21 during the business day by the City or its officers or agents.
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5. Hold Harmless. Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
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RES 96-317
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1 expenses (including counsel fees), suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement. Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services.
10 6. Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
14 of such notice. In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement.
21 7. Assiqnment. Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8. Insurance. Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
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agents and employees, organization and its agents performing
acts covered by this Agreement from claims for damages for
personal injury, including death, as well as from claims for
property damage which may arise from Organization's or its
agents' operations hereunder, whether such operations be by
Organization or its agents 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
than $100,000 for injuries, including, but not limited to,
death, to anyone person, and subject to the same limit for
each person, in an amount not less than $100,000 on account of
anyone occurrence;
(b) Property Damage Insurance. In an amount of not less
than $50,000 for damage to the property of each person on
account of anyone occurrence.
(c) Workers Compensation. Organization shall provide
workers compensation insurance in the amount required by state
law if the funds provided hereunder are to be 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 provided hereunder.
9. Obliqation. Organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
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RES 96-317
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1 the organization.
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All notices herein required shall be in
10. Notices.
3 writing and delivered in person or sent by certified mail,
4 postage prepaid, addressed as follows:
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As to Organization:
As to City:
City Administrator
City of San Bernardino
300 North "D" St.
San Bernardino, CA 92418
Gwendolyn Roberts
Metropolitan Opera Auditions
1898 Genevieve St.
San Bernardino, CA 92405
11. Entire Aqreement. This Agreement and any 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 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,
practices,
admission
advertising or in any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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RES 96-;317
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE METROPOLITAN
OPERA AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
ATTEST:n,,' I A ~
~erk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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CITY OF SAN BERNARDINO
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Tom Minor,' Mayor ~
ORGANIZATION
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