HomeMy WebLinkAbout1992-447
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RESOLUTION NO. 92-447
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE 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 the Canto Bello Chorale, 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referenced agreement is rescinded if the parties to the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
regular
meeting thereof, held on the
7th day of
wit:
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December
, 1992, by the following vote, to
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE
PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENl'
ESTRADA x
-
REILLY x
HERNANDEZ x
MAUDSLEY ~
MINOR ~
POPE-LUDLAM ~
MILLER .....lL.-
)
J'f "'-<':/LfL err< /' kj
\ City Clerk
~foregoing resolution is hereby approved
day of ~ (:" C: '" :I:\,,~ '2 \>-_ , 1992.
17 Approved as to
form and legal content:
18
JAMES F. PENMAN
19 city Attorney
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BY: ~~ t.
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~ ~,u..:'-\ -)
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
Canto Bello Chorale, a non-prOfit organization, referred to as
"Organization".
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1992-93, 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 I 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.
Finance Director,
Upon presentation of a claim to the City
city shall pay to Organization from the
.1.
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budget for the 1992-93 fiscal year, the total sum of ten
thousand dollars, to cover the costs per the 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
proposal. No deviation from the proposal shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1993, and any
unexpended funds shall be returned to City by Organization.
4. Accountinq. At such time or times as may be
requested by the city Administrator or Director of Finance of
ci ty, organization shall submit to the city Administrator,
with a copy to the Director of Finance and the San Bernardino
Fine Arts Commission, an accounting of the proposed and actual
expenditures of all revenues accruing to the Organization for
the fiscal year ending June 30, 1993. Financial records shall
be maintained in accordance with generally accepted accounting
principles by Organization in such a 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.
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,
expenses (including counsel fees), suits or losses however
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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 rei;nburse 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,
agents and employees, organization and its agents performing
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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
the organization.
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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:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92401
Charles Bradley, Board President
Canto Bello Chorale
P.O. Box 1627
San Bernardino, Ca 92402
11. Entire Aqreement. This Agreement and any documents
or instruments attached hereto or referred to herein integrate
10 all terms and conditions mentioned herein or incidental
11 hereto, and supersede all negotiations and prior writing in
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respect to the subj ect matter hereof.
In the event of
13 conflict between the terms, conditions or provisions of this
14 Agreement, and any such document or instrument, the terms and
15 conditions of this Agreement shall prevail.
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17 the term of this Agreement it shall not discriminate in
12. Non-Discrimination. Organization agrees that for
employment,
recruitment,
hiring,
admission practices,
19 advertising or in any other manner on the basis of race,
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20 color, creed, religion, national origin, sex, physical
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handicap, or marital status.
DATED: flu~.J.~1.. I', I q r ~
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND CANTO BELLO
2 CHORALE.
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ATTEST: ~~ ~
ity Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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By:
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ORGANIZATION
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