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HomeMy WebLinkAbout2005-021 ..' . , . 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. 2005-21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO MASTER 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 herehy authorized and directed to execute on behalf of said City an Agreement with Canto Bello Master Chorale, 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 The authorization to execute the above referenced agreement 14 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 15 16 17 18 III 19 III passage of this resolution. III 20 III 21 III 22 III 23 24 III III 25 26 III 27 28 .' . . 2005-21 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF 3 ARTS AND CULTURE 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 joint adjourned and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6 17 18 19 20 2005. 21 22 C(---Uu.L h. ~ City Clerk The foregoing resolution is hereby approved this J1iJ. Approved as to Form and legal content: day of January d' h Valles, Mayor Cit of San Bernardino 23 24 25 26 27 28 JAMES F, PENMAN, City Attorney By: f)1J1~tI ~ III . . 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 f 2005-21 ORJ6lNAl ' Exhibit "A" AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF AN BERNARDINO, a municipal corporation, referred to as City" and the Canto Bello Master Chorale, a non-profit rganization, referred to an "Organization" The parties agree as follow: 1. Recitals. A. Organization has requested financial ssistance from City for fiscal year 2004-05, in order to ssist in defraying the expense of certain concerts, hows, festivals, or events of activities sponsored by rganizations as set forth in Organization's grant roposal (hereinafter "the proposal") approved by the ine Arts Commission of the City. A copy of said proposal s on file in the Mayor's Office of Cultural Affairs. The erms of the proposal are incorporated herein by eference and shall govern the uses of the funds provided erein. The financial assistance provided for this greement is made on a one-time only basis, and receipt f said funds shall not imply a continuing obligation of he City beyond the terms of this Agreement. B. The expenditure is for valid municipal public urpose, to wit: for the promotion of art appreciation in an Bernardino, as more fully set forth in the proposal ubmitted by Organization. 2. Payment. Upon presentation of a claim to the ayor's Office, City shall pay to Organization from the udget for the 2004-05 fiscal year, the total sum of 5,200.00 dollars, to cover the costs per Fine Arts grant pplication agreement. 3. Use of Funds. The funds paid to Organization hall be used solely for the purposes set forth in aragraph 1 and in strict compliance with the provisions et forth in the agreement. No deviation from the greement shall be made without the expressed approval of he City of San Bernardino. Said funds shall be expended -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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE, by June 30, 2005, and any unexpended funds shall be returned to City by Organization, 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 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,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. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 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 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 - 2- . - 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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. 7. Assignment. its interest in this approval of City. Organization shall not assign Agreement without the prior written 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 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 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 -3- . . 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 ~--, --------.,.---- AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. forth as a additional named insured in each policy of insurance provide hereunder. (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. 9. Obligation. 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: Mayor's Office City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 As to Organization: Anna Marie McAfee Canto Bello Master Chorale P.O. Box 1627 San Bernardino, CA. 92402 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. III III III III III -4 - . . . 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 2005-21 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: ro;)ll'JoC~ d th Valles, Mayor I Y OF SAN BERNARDINO ATTEST:~ h.~ Racn 1 G. Clark, Clty Clerk ORGANIZATION Approved as to form and legal content: ~t$/J(rb f-c James F. Penman City Attorney By' ()~~ III III III III III III III III III III III III .5.