HomeMy WebLinkAbout2005-028
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RESOLUTION NO. 2005-28
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
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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is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the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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2005-28
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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 VALLEY COMMUNITY CONCERT ASSOCIATION
FOR THE PROMOTION OF ARTS AND CULTURE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint adjourned
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
24th day of January, 2005, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE x
MCGINNIS x
x
DERRY
KELLEY x
JOHNSON x
MCCAMMACK x
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~JJ.~
City Clerk
The foregoing resolution is hereby approved this J..1[Il
2005.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
day of Januarv ,
d' Valles, Mayor
Ci of San Bernardino
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2005-28
OR1GlNAl
Exhibit "A"
AGREEMENT
Fine Arts Fundi~
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as "City" and the San Bernardino Valley Community
Concert Association, a non-profit organization,
referred to an "Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
Assistance from City for fiscal year 2004-05, 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
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.
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.
2. Payment. Upon presentation of a claim to
the Mayor's Office, City shall pay to Organization
from the budget for the 2004-05 fiscal year, the
total sum of $11,275.00 dollars, to cover the costs
per 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 agreement. No
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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.
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, 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, its elective and appointive boards,
commissions, officers, attorneys, agents and
employees 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.
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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.
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 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.
assign its interest in
prior written approval
Organization
this Agreement
of City.
shall not
without the
8. Insurance. Organization shall take out
and maintain during the life of this Agreement such
public liability and property damage insurance,
naming the City its elective and appointive boards,
commissions, officers, attorneys, agents and
employees as additional insured by Organization and
its agents performing acts covered by this Agreement
from the claims 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.
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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.
(cl 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 forth as a aqditional named insured in each
policy of insurance provide hereunder.
(dl 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:
As to Organization:
Mayor's Office
Lynda Kuehn
President
San Bernardino Valley
Community Concert
Association
P.O. Box 377
San Bernardino, CA.
City of San Bernardino
300 North UD" Street
San Bernardino, CA. 92418
92404
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
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--.
2005-28
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR
THE PROMOTION OF THE ARTS AND CULTURE.
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.
CITY OF SAN BERNARDINO
Date: ~,,-~tJ, ~()Q5
I
ATTEST:~ h.~
Rachel G. Clark, City Clerk
ORGAN I ZA T ION
Approved as to form
and legal content:
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/)C:;1uJ 7
James F. Penman
City Attorney
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