HomeMy WebLinkAbout1995-318
1
2
RESOLUTION NO. 95-318
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE FOLKLORICO TONATIUH FOR THE
PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with the Folklorico Tonatiuh, a copy of
9 which is attached hereto marked Exhibit "A" and incorporated
10 herein by reference as fully as though set forth at length.
11
SECTION 2.
The authorization to execute the above-
12 referenced agreement is rescinded if the parties to the
13 agreement fail to execute it within sixty (60) days of the
14 passage of this resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
17
18
5th
day of September
, 1995, by the following vote, to
19 wit:
20 1
21 1
22 1
23 1
24 1
25 1
26 1
27
28
~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE FOLKLORICO TONATIUH,
FOR THE PROMOTION OF ARTS AND CULTURE.
3
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
HERNANDEZ X
OBERHELMAN X
DEVLIN X
POPE-LUDLAM X
MILLER X
The foregoing
day of September
7( 0. Q t...eJl ~ f cuJt:.,
City C;lerk
&If .xfD-Y1rL~r.u 'tnjdLl1Gu, J>>f:<~
resolution is hereby approved this lfL
, 1995.
~-. '~ \
LlOI./\....
To~r, ayor '
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
20 City Attorney
21
22
23
24
25
26
27
28
.
'-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
95-318
/
/
,
1
2
3
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
4
5
6
BERNARDINO, a municipal corporation, referred to as "City" and
FOLKLORICO TONATIUH, a non-profit organization, referred to as
"Organization."
7
The parties agree as follows:
8
9
1. Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1995-96, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Organization as set forth in
Organization's grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of the City, a copy of
which proposal is on file in the 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 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 a 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 .
Pavment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the total sum of $500
the Fine Arts grant
budget for the 1995-96 fiscal year,
dollars, to cover the costs per
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 express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1996, 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 City
Administrator, with a 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, indemnify, and hold harmless the City and its
employees and agents from all liabilities and charges,
-2-
r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
expenses (including counsel fees), suits or 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.
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 the 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
the funds provided by City shall be returned to City. In
addition, Organization shall reimburse to City any funds
expended which were used for any purposes other than those
authorized under this Agreement.
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 as shall insure City,
its elective and appointive boards, commissions, officers,
-3-
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
-4-
?
4
5
6
7
8
9
10
1
2
3
the organization.
All notices herein required shall be in
10. Notices.
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
As to City:
City Administrator
City of San Bernardino
300 North "D" St.
San Bernardino, CA 92418
As to Organization:
Carmen Nerys, President
Folklorico Tonatiuh
755 W. Laurel St.
Colton, CA 92324
11. Entire Aqreement. This Agreement and any documents
11 or instruments attached hereto or referred to herein integrate
12 all terms and conditions mentioned herein or incidental
13 hereto, and supersede all negotiations and prior writing in
14
respect to the subject matter hereof.
In the event of
15 conflict between the terms, conditions or provisions of this
16 Agreement, and any such document or instrument, the terms and
17 conditions of this Agreement shall prevail.
18
12. Non-Discrimination.
Organization agrees that for
19 the term of this Agreement it shall not discriminate in
20
employment,
recruitment,
hiring,
admission
practices,
21 advertising or in any other manner on the basis of race,
22 color, creed, religion, national origin, sex, physical
23 handicap, or marital status.
24
25
26
27
28
DATED:
q,(f{-q ~
-5-
.
(
1
"
2 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE FOLKLORICO
TONATIUH FOR THE PROMOTION OF THE ARTS AND CULTURE.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(') / fI Ii' /) "
ATTEST: ,~A-~I\...VL L,.i:'./tL-t'-jL
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
CITY OF SAN BERNARDINO
~"11
I &n1... t/{(;t~
Tom Minor, Mayor
ORGANIZATION
a.~ dif-r
-6-
r;
l'<<o
1%10'1
1%1'
:I: III
film
:':0'1
1>:.-1
o
~I>:
I<ll
fIll%I
l'<:><
I>:
I<ll..:l
I<ll
I%Itl
ZfIl
HH
......
I
'" OJ'''
<00<0
<00<0
rooro
NlXl"<t'
M.-I.-I
{f} {f}
r::ll%l
fiI..:l
c-<1Il
[J)1<ll-
fiI..:lH
PHH
Ol<ll.o:
fiI:>f.L.
~1<llE-i
~
E-i~0
ssffi
00-
~~fiI
U
HHZ
.o:I<ll.o:
E-il'<H
00.0:
E-il'<>O
CI)
C
Z
~
~ :;;
U ::;;
z C
::0 (.)
C ~
(.) '"
.:.;.;.:.~;.:.:.;.
CI) I!IIIIII!
c
z
~ nna
:;; 0
:;; 0 0 0 c 0 c '" 0 0 Illl c c 0 0
0 0 c 0 0 0 0 0 0 c 0 0
0 0, '" '" c '" '" c 0 0 '" c c c:? 0
(.) (.) oJ oJ ",' ,--: ",' .,; M r-: .. M "J
c( ~ - - M - '"
~ '" ~
~ WiM1j
c( :;:r::~i;i:m
t- :f:~:~:~:~~:~
c
z t-
c( t- 1111
oo ~ '" '" '" '" '" '" '" '" '" '" '" '" '" '"
'" oo '" :::J: ,... M ... '" N ... M ,... '" N 0 ,...
c c - ,... N ,... M '" '" M N '"
::0
'" '"
I c
c
c 0
CI) ~ ci
Z t- '"
C t-
CI) u:: c c 0 0 0 c 0 0 0 0 0 0- 0 0
'" ~ 0 '" '" 0 '" c '" C M N '" C '" '"
~ z C M '" q '" '" ,... C N, '" ,... c q '"
"- r-: r-: ci
~ ...' - - r-: oJ - M ",' - ..
.. '" - - N '"
z I
c
CI)
'"
~
"-
0::: ,... '" c ,... '" M '" C '" I '" c
CI) '"
c -: N "l N ,... ,... N C N ;illil~ '" C) "1 c '"
(.) - m - oJ M oJ oJ ,..; on on on ..,
JMm
c I
~
c
Z
::0 '"
~ C) c 0 c '" c c '" '" '" c c
>-' .;. 0 c c 0 c c c c '" c c
C) "', 0 c( '" "'. '" '" '" '" '" '" 0
:;; C) - oJ Z N' ,...' ,...' r-: M r-: .,; .,; c( c(
c( - - - - M - - '" z z
c 111i11
~
t-
CI)
0
~ '" 0
'" C) c '" '" '" '" '" c c Ii '" '" 0
>-' .;. '" ,... '" M '" '" '" '" M" "@ '" '" '"
C) '" '" <( '" c 0 '" c '" [111111 0 0 ci <(
::;; C) 00 M Z .,; .. .,; ci 00 ,...' ",' ",' '" <(
c( - - - ,... N - - N - Z Z
c 1IIIII11
~
t-
CI)
0 illl
~ '"
'" C) '" '" '" M '" '" '" '" C) N N '" C)
>-' .n ... ::;: C M C C C '" N ,... '" '" ...
C) C) '" c "', c '" 0 M '" M 0 '"
:;; C) 00 M 00 .,; - .,; r-: ...' ee' ci .. ",' ...' M
c( - - N ,... - N M ,...
;;~;::;::;::~::::
Z oo ~ .J I x >-
c (.) c "- ~ z (.) :J::
>= c( z z ~ ~ :;; c en t-
'" CI) <( :;; ~ ~ :J::
<( ~ z c( ::0 (.)
N => ~ z c >= '" c '" c( "- ~ en
"- '" ~ ;;;; :;;
;;;; ;;;; c oo c ~ 0 <( c ~ "- >- C ::0
c( ::0 >-' '" z :;; ~ (.) t- oo C c CI) ;;: :;;
oo ~ c( (.) (.) Z <( ~ a:i
'" 0:: ~ > ~ 0: '" '" c( t- ~ Z ~ ,,:
0 -, :;; ~ ~ "- CI) CI) (.) CI) en CI) en
c
co
co
ci
'"
-
-
o
o
"'
dO
o
"
o
o
o
.
o
'"
"-
\D
00
'"
..,
'"
00
.
..,
"-
N
N
.
'"
..,
co
co
co
ci
'"
-
-
I
o
I
co
N
'"
r-:
N
M
-
o
o
"'
.
..,
..,
.
'"
ee
'"
cO
N
M
-
o
'"
00
.
'"
..,
en . .
~ ~ ~
:;~~
t-