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HomeMy WebLinkAbout14-Mayor's Office ~,~~,-,---- ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Mayor's Office Subject: Approve the recommendation of the Fine Arts Commission to grant $133,500 to fine arts groups From: Mayor Judith Valles Date: Janaury 11, 2005 Council Date: January 24. 2005 Synopsis of Previous Council Action: December 15, 2003 Mayor and Common Council approved $133, 500 in Fine Arts funding. December 16,2002 Mayor and Common Council approved $83,962 in Fine Arts funding September 17, 2001 Mayor and Common Council approved $149,500 in Fine Arts funding. September 5,2000 Mayor and Common Council approved $149,000 in Fine Arts funding. November 15,1999 Mayor and Common Council approved $149,000 in Fine Arts funding. Recommended Motion: ADOPT RESOLUTIONS ~~~re Contact person: M,YQr .llIrlith VallV$ Phone: ~1~~ Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: $133,500 Source: (Acct. No.) 001-091-5185 (Acct D~~crirtion) Fin... Arts I=llnrling Finance: Council Notes Agenda Item No. III A"/L '1~1/DS -..,., om, .... . ....."=.....,..,."..~.=Vi'=="..-T.m~~.~~=,..~..~".=,,. .....,1i!ll n. CITY OF SAN BERNARDINO - MODEST FOR COUNCIL ACTION STAFF REPORT Subject: Fine Arts Commission funding award recommendations for Fiscal Year (FY) 2004-2005. Background: A total of$133,500 was budgeted for fine arts in FY 04-05. Eight organizations submitted applications requesting fine arts grants in the amount of $126,608 for the FY 2004-05. Two organizations that have applied for grants in the past did not apply this time, leaving a requester field of eight organizations, as opposed to the usual 10 or 11, and a difference of $7,892.00 between the amount of grants requested and the total grant funding available. The commissioners recommended distribution of the $7,892.00 remainder between the eight requesting organizations. The deadline for submission for grant applications was August 16, 2004. Oral interviews were conducted with the applicants September 14, 2004. Commissioners reviewed interview notes, application packages, deliberated and made final decisions on grant allocation recommendations following the interviews on September 14. The following is the recommendation of the Fine Arts Commission for FY 2004-05: Grant Amounts Amount Recommended FY 2003-2004 Requested Grants for FY 2004-05 FY 2004-2005 1. Canto Bello Master Chorale $ 5,200.00 $ 5,200.00 $ 5,887.50 2. Inland Dance Theatres $13,500.00 $15,000.00 $15,887.50 3. Inland Empire Symphonic Choir $ 683.00 $ 3,944.00 $ 4,687.50 4. Junior University $ 7,000.00 $ 8,000.00 $ 8,687.50 5. Prime Time Choraliers $ 2,297.00 $ 2,322.00 $ 3,087.50 6. San Bernardino Valley Comm. Concert $11,320.00 $11,275.00 $12,687.50 7. Sinfonia Mexicana Society $58,000.00 $59,027.00 $60,687.50 8. Sturges Family Playhouse $15,500.00 $20,840.00 $21,887.50 Total $113,500.00 $125,608.00 $133,500.00 Financial Impact: The recommended awards total $133,500, the total amount budgeted for fine arts in Fiscal Year 2004-05. Recommendation: Adopt resolutions. ....,~~>" ~"n o o o - ~-7''''~'7'''' , n"_",","_~" " "~,~""'''~''" ,.- 1 2 3 4 5 RESOLUTION NO.~(J) rPY 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 1/1 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 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 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III 19 III 20 III 21 III 22 III 23 24 25 26 III 27 III III 28 110./4 A " . J _ . I I....,r-' o o o ~,_.~..'" ~., ..~~',.,. "", ~ .'''...>~m=. 1 RESOLUTION OF THE 1\1 A YOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BER~ARDINO 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 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6 7 ,8 24th day of Janaury, 2005, by the following vote, to wit: ABSTAIN ABSENT AYES NAYS Council Members: 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY 14 15 JOHNSON 16 MCCAMMACK 17 18 City Clerk 19 20 2005. 21 22 The foregoing resolution is hereby approved this day of Judith Valles, Mayor - City of San Bernardino 23 Approved as to Form and legal content: 24 25 JAMES F. PENMAN, City Attorney By: tJlJt~t/ ~ 26 27 28 III o 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 G o ~~^ ~ ~~ "'~"^ Exhibit "A" (CQ)~Y AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Canto Bello Master Chorale, 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 in 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 or the 2004-05 fiscal year, the total sum of $5 7.50 dollars, to cover the costs per Fine Arts grant appli c.Wi>~ (ffl';J-$' ~'~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 expressed approval of the City of San Bernardino. Said funds shall be expended - I - o G 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -22 23 24 25 26 27 28 o ~>~w ~~~,~>~ "~"~>="~"' 1 2 3 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE P~OMOTION OF THE ARTS AND ClJLTURE. 4 by June 30, 2005, and any unexpended funds shall be returned to City by Organization. 4. Acccunting. 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 ~n 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 at 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,reasoQs 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 o o AGREE~EN~ RE: THE CITY Or SAN BERNARD'NO AN8 THE CANTO SELLO 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. 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, co~missions, officers, Agents and employees, Organization and its agents performing a:~ 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 fro~ 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 Organiza~ion or its agents, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less tha~ Sl,OOO,OOO 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 SlOO,OOO 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. (e) 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 - ._W"""7'="'" - '" 'C" .'.''''', '0 ...'..' o G o " ....'~".rr-=.m"'"' ='.'. -'., 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 PROMOT~ON 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: Jl..s to City: Mayor's Office City of San Bernardino 300 North "Off 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 ccnditions 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 - ""'WAprrrr~ C) o o 1 2 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BE~LO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND 3 CU:"TURE. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DATED: Judith Valles, Mayor CITY OF SAN BERNARDINO ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James :. Penman City Attorney 19 20 By,f)~I/~ 21 22 23 24 25 26 27 28 III III /1/ III III III III III III III II! III - 5 - II ",_,"W.- Synopsis: Canto Bello Master Chorale The Canto Bello Master Chorale, a San Bernardino-based organization, continues to rise in popularity. Citizens of a variety of ages and professions are part of this chorale presenting a repertory of classic choral works. The Chorale accompanying Orchestra is the San Bernardino Symphonic Orchestra and a good networking system is in effect. . Estimated Attendance - 1 ,500 . Number of Performances - 5 major . Estimated Costs........... ...$25,200.00 . Estimated Income........ ....$20,000.00 . Grant requested was for.....$5,200.00 . Grant award recommended.$5,887.50 V'f'JIii"A:i- ~. C) C) o 1 2 3 4 5 ~~[P1f RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 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 Inland 10 11 12 13 14 15 16 17 Dance Theatres, Inc., 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 witbin sixty (60) da)'s of tbe passage of tbis resolution. III 18 III 19 III 20 III 21 III 22 III 23 III 24 25 26 27 28 III III No. /I-I B Ol/;)'-{ /05' - ^- o o o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LONGVILLE 11 12 13 14 15 MCGTh.'NIS DERRY KELLEY JOHNSON 16 MCCAMMACK 17 18 19 20 - City Clerk day of The foregoing resolution is hereby approved this 2005. 21 22 23 24 25 26 27 28 Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attornev ~r iJ+ 1I1l1fv;!iJ / / / C) 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 e o Exhibit "A" (CQ)~11 AGREEMENT Fine Arts Fur-dino J THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Inland Dance Theatres, Inc., 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 in 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 assisLance provided for this agreement is made on a one-time only basis, and receipt of said funds shall not imply a conLinuing obligation of the City beyond the terms of this Agreement. B. The expenditure is for valid municipal public purpose, LO 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 $15~ dollars, to cover the costs per Fine Arts ~rf~n~~~U 1:ti({J%J~nt . ) 3. dse 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 !orth in the agreement. No deviation from the - I - C) 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 e o AGREEMENT RE: THS CITY OF SAN BERNARDINO AND THE INLAND CANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. agreement shail be mad~ 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 re~ates 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 ~race 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 C;:ity. 5. Hold Harmless. Organization covenants and agrees to defend, indemnify, and hold harmless the City its elected and appointed 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 ore 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 - 2- C) 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 C) o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. Organization shall not assign its interest in this Agreement without the prior written approval of City. 8. lnsurance. Organization shall take out and ~aintain 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 de~th, 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 S100,000 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 prov.ide worker - 3 - G 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 G o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 shal~ be waived as to City. City shall be set 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: As to Organization: Mayor's Office City of San Bernardino Jean Roche, President Inland Dance Theatres, Inc. P.O. Box 3691 San Bernardino, CA. 92413 300 North "ON Street San Bernardino, CA. 92418 11. Entire Agreement. This Agreement and any ot~er documents of instruments attached hereto or referred to herein integrate all terms and cqnditions ~entioned 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 -4- C) 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 o o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND ~ANCE THEATRES, IN:. FOR THE PROMOTION OF THE ARTS AND CULTURE. in employment recruitment, hiring, aamlssion practices, advertising or in an other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital s~atus. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor A':'TEST: Rachel G. Clark, Clty Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney By: III III III III III III ~~I!~ - 5 - . .. _.40 Synopsis: Inland Dance Theatres Inc. The Inland Dance Theatre will present the 26th production of Tchaikowsky's Nutcracker Ballet on December 6-9, 2001 at the California Theatre. During these past 25 years over 100,000 school children have viewed with delight a live ballet. Both cast and audience is drawn from the Inland Empire. Special rates are given to youth and low-income families. The Nutcracker Ballet has become an established holiday tradition in the City of San Bernardino. . Estimated attendance -7,500 (paid), 4,500 (comp) . Namber of performances - 5 . Estimated costs - 5111,190.00 . Estimated income - 596,190.00 . Grant requested - $15,000.00 . Fine Arts Commission recommends - $15,887.50 C) e 1 2 (c~lPr RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 4 WITH THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF ARTS AND CULTURE. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 11 12 13 SECTION 1. The Mayor of the City of San Bernardino is hereby authorize and direct to execute on behalf of said City an Agreement with INLAND EMPIRE SYMPHONIC CHOIR, a copy of which is attached hereto marked Exhibit "A" and incorporate 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 19 III passage of this resolution. III III 20 III 21 III - 22 III 23 III 24 III 25 /11 26 0 27 28 NO / Cf~ Of /:2'-1 I o~ G o o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF ARTS AND CULTURE . 4 5 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 6 7 8 24th day of January, 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LONGVILLE 11 12 13 MCGIN'NIS DERRY KELLEY 14 15 MCCAMMACK 16 17 18 19 City Clerk day of The foregoing ordinance is hereby approved this 2005. 20 21 22 Approved as to 23 Form and legal content: 24 25 26 Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney 27 28 By: III III III III C) 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 e o (c(Q)fY Exhibit "A" AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corpora~ion, referred to as "City" and the Inland Empire Symphonic Choir, 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 ~O dollars, to cover the costs per Fine Arts grant application agreement. 1I3JQl{l/.rJO ~~ 3. Use of Funds. The funds paid to Organization shall be us~d 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 - I - e 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 G o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 afLer the completion of the event, the Organization shall submit to the Mayor's Office, with copy to the Director of Finance, an accounLing 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 elected and appointed 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. 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 - 2 - ~",~"-"",, C) 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 e o AGRESMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. 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, 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 amou~ts 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 Jaffie limit far each person, in an amount not less than S100,000 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 .3- ~C'~"""C""C 'C.C o 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 o o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 additional named ins~red 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 LO 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: ~layor' s Office As to Organization: Teresa Morris, Coordinator of Choir Work Group Inland Empire Symphonic Choir California State University 5500 University Parkway San Bernardino, CA. 92407 City of San Bernardino San Bernardino, CA. 92418 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. - 4- '-""~'~'~"'''''' ," C) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 e """',~,...~ AGREEMENT RE: THE CITY OF SAN BERNARDINO AN) THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOT~CN OF THE ARTS AND CULTURE. 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. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION 20 Approved as to form and legal content: o 21 22 23 24 25 26 27 28 James F. Penman City Attorney ~~; !f)crLff II~ III III III / I I .5- -. .. Synopsis: Inland Empire Symphonic Choir The Inland Empire Symphonic Choir is the official chorus of the San Bernardino Symphony Orchestra at the California Theatre. It is comprised of members of the community and the campus at Cal State University, San Bernardino. Although the choir receives some funding from Cal State, the majority of its funding comes from fund raising and grant activity. Nearly half of the choir's audience is comprised of complimentary admissions, which go, primarily, to students. . Estimated Attendance.......................920 . Number ofPerformances......................3 . Estimated Costs......................$14,094.00 . Estimated Income....................$10,150.00 . Grant Requested.....................$3,944.00 . Grant Award Recommended.......$4,687.50 --- --""-".~,---- - . C) e 1 2 CC~f1f RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE. 3 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 SECTION 1. Tbe Mayor of tbe City of San Bernardino is hereby autborized and directed to execute on bebalf of said City an Agreement with Junior 11 University of San Bernardino, Inc., a copy of wbicb is attached bereto marked Exhibit 12 "A" and incorporated berein by references as fully as tbougb set forth at length. 13 SECTION 2. The autborization to execute tbe above referenced agreement 14 is rescinded if tbe parties to tbe agreement fail to execute it witbin sixty (60) days of the 15 16 17 18 III passage of tbis resolution. III -_.- C) G o 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE 3 4 5 6 7 8 9 ESTRADA 10 11 12 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 24th day of January, 2005, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: LONGVILLE MCGINNIS DERRY 13 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 City Clerk 19 20 2005. 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City A.ttorney. ~!/ /I/}! r:J By: tOt, ~. ~ C) 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 t) o EXHIBIT "A" (CQ)fV AGREEMENT Fine A=ts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Junior University of San Bernardino, Inc., 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 t~e 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 f~he 2004-05 fiscal year, the total sum of~7.50 dollars, to cover the costs per Fine Arts grant a~lica!~~n agreement. "~1 ~. ~fl'Y')..YJ# 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 - I - G 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 e o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN B~RNARDINO, INC. 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 elected and appointed boards, commissions, officers, attorneys, agents and employee 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 th~s agreement. Payments r.ereunder 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 a~ "counsel fees" for the purposes of this paragraph. 6. Termination. City shall have the right to terminate this Agreement and any funding remaining - 2 - C) 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 e o AGREEMENT RE: THE CITY OF SAN 3ERNARDINO AND THE JUNIOR UNIVERSITY OF.SAN B[~NARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. unpaid hereunder for any reason by mailiDg 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, 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 Insuranc~ In an amount net less that Sl,OOO,OOo-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. (e) Workers Compensation. Organization shall provide worker compensation insurance in the amount - 3 - G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 e o AGREEMENT RE: THE CITY OF SAN BSRNARDINO AND THE JUNIOR UNIVERS:TY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 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: As to Organization: Mayor's Office City of San Bernardino Jeff Grande, President Junior University of San Bernardino, Inc. P.O. Box 6471 San Bernardino, CA. 300 North "DN Street San Bernardino, CA. 92418 92412 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. -4- C) 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 e o AGREEMENT RE: THE CITY Or SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. D.n.TED: CITY OF SAN BERNARDINO Judith Valles, Mayor .n.TTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney By' 4~~;t;;;J III III III III III 1// - 5 . .. ~ .. Synopsis: JUDior UDiversity of SaD BeraardiDo IDc. Junior University of San Bernardino Inc. began in 1962 as a children's summer activity in the backyard of Robert Henley's home. Junior University's productions moved to a larger venue in 1965 - the Perris Hill Park Bowl. Each June, many hundreds of children and adults participate in open auditions. A cast of 65-80 is selected. Ages range from 10 years to adult. The season opens in mid-July for a 14-night run. Free tickets are provided to Goodwill Industries, Hill Acres Children's Home, Center of Individuals with Disabilities and other city instituations. . Estimated atteDdaDce - 14,600 . Number of performances - 14 . Estimated costs..............$I34,700.00 . Estimated income........ ...$126,700.00 . Grant requested............$8,OOO.OO . Grant reoommened.........$8,687.50 G e o ~- ~..~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION ~ (Q) IP Y RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS 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 Prime Time Choraliers, 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 14 15 16 III 17 18 passage of this resolution. III 19 III 20 21 22 23 24 25 26 27 28 III III 11/ III III III No. /'-/f DI/:J. LitE e e o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6 7 8 24th day of Janaury, 2005, by the following vote, to wit: Council Members: AYES NAYS ABST AlN ABSENT 9 ESTRADA 10 11 12 13 LONGVILLE MCGINNIS DERRY KELLEY 14 15 JOHNSON 16 MCCAMMACK 17 18 City Clerk 19 20 2005. 21 22 23 24 25 26 The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino Approved as to Fonn and legal content: 27 28 JAMES F. PENMAN, :~~7iJ;~II~ G 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 G o "" (c~fY Exhibit "A" AGREEMENT Fine Arts Funding THIS }\.GREE~lENT OF SAN BERNARDINO, a to as "City" and the profit organization, is entered into between the CITY municipal corporation, referred Prime Time Choraliers, a non- referred to an "Organization" The parties agree as follow: 1. Reci tals. 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 ~50 dollars, to cover the costs per Fine Ar:J J/;3-~.atrfl~(Mr:a:;er.t. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph 1 and in strict co~pliance with the provisions set forth in the agreement. No deviation from the agreement shall be made without - I - C) 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 e o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 appointed boards, corr~issions, 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. 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 .2. G 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 G o ,,~"-- AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. written notice to Organization and this agreement shall terminate te~ 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 purpcse other than those authorized under this Agreement. 7. Jl.ssignment. assign its interest in prior written approval Organization shall not this Agreement without the of City. 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, corr~issions, 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 empioyed 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, inclyQing, 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 workei compensation insurance in the amount required by state law if the funds provided hereunder - 3 - G 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 e o 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIV;E CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. are to be paid as a salary to any employee of crganizatio~. O=ganization 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 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: As to Organization: Mayor's Office City of San Bernardino 300 North "DH Street San Bernardino, CA. 92418 92404 Chris Hansen,President Prime Time Choraliers 3935 Conejo Drive San Bernardino, CA. 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. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 C) 16 17 18 19 20 21 - AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor .':.,TTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: 2 James F. Penman City Attorney o 23 24 25 26 27 28 ~;; IOtWf~lI~h~j) III III III III III - 5 - . . Synopsis: Prime Time Choraliers The Prime Time Choraliers was formed in 1986 by Mrs. Millie Marshall and was an outgrowth of American Association of Retired Persons. The organization provides an opportunity to senior citizens to enjoy and share their love of music and performing with many groups in San Bernardino. The ages of its members range from 55 to 89. Citizens of a variety of backgrounds are part of this choir presenting a varied repertory of musical performance. . Estimated Attendance - 1,701 . Number of Performances - 20 . Estimated Costs..............$5,747.00 . Estimated Income........ ....$3,425.00 . Grant requested was for.....$2,322.00 . Grant award recommended.$3,087.50 C) e 1 2 3 4 5 6 7 8 9 10 cc~~y RESOLUTION NO. 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 authorized and directed to execute on behalf of said City an Agreement with San Bernardino Valley Communit)' Concert Association, a copy of which is attached hereto 11 12 13 14 15 16 17 18 III 19 /II 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. 20 III 21 /II 22 /II 23 /II 24 /II 25 26 /II () 27 III No. It{- F 28 o/plflo5 C) e o 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 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 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 NA YS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2005. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, G,y AIlO.... ~. ... By: ~, ''vJ .{)dl/~ C) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -z2 23 24 25 26 27 28 G o Exhibit "A" t(Q)fY AGREEMENT Fine A~ts Funding T~IS AGREE~ENT :3 entered into between the CITY OF SA~ BERNARDINO, a municipal corporation, referred to as "C:ity" and the Sal. Bernardino Valley Community Concert Association, a non-p~ofit organization, referred to an "Organization" The parties agree as follow: 1. Fecitals. A. Organization has requested financial Assistance from City for fiscal year 2004-05, in orde~ to assist in def~aying 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 P.rts Comrr.ission 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 tunds provided herein. The financial assistance provided for this agreement is made on a ene-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 sub~itted 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~O dollars, to cover the costs per Fine Ar?grant application agreement. 'I ~ '7~ L51) . 3. Use 01 Funds. The funds paid to Organization shall be used solely fo~ the purposes set forth in ~aragraph 1 and in strict compliance with the provisions set forth in the agreement. No - I - ~ 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 C) o 21 28 AGREEMENT RE: THE CITY OF SAN BERNA~DINO AND THE SAN BERNAR~INO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CU~TURE. deviation ~rom 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 Finan=e, 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 held 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 e~plcyees 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. .2. C) 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 e o AGKEE~~NT 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 Agreemen~ 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. :nsurance. 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, ccwmissions, 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 S100,000 on account of anyone occurrence. (b) Property Damage Insurance. In an amount not less than $50,000 for damage to the property of each person on account of an occurrence. - 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 e o AGREEMENT RE: THE CITY OF SA~ BERNARDINO AND THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATICN FOR THE PROMOTION OF THE ARTS AND CC:rCRE. (c) Workers CompensatiJn. 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 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, pestage prepaid addressed as follows: As to City: As to Organization: Mayor's Office Lynda Kuehn President San~ernardino-Yalley Community Concert Association P.O. Box 377 San Bernardino, CA. City of San Bernardino 300 North "ON 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 .4~ G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 G "" "~"~ AGREEMENT RE: THE CITY OF SAN BERNARuINO AND THE SAN BERN.l\RDINO \'i'..LL:::Y CaM~1UNITY CONCERT ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTURE. s~bject matter hereof. In the event of conflict between the terms conditions or provisions of this Agreement, and any such document or instrument, the terms a~d conditions of this Agreement shall prevail. 12. Nen-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 or SAN BERNARDINO Date: Cudith Valles, Mayor ATTEST: Rachel 0. Clark, City Clerk ORG.ll.N I ZA TI ON Approved as to form and legal content: 23 James F. Penman City Attorney o 24 25 26 27 28 ~i; 1/}~II(}jJ~iU>> III III III .5. , Synopsis: San Bernardino VaDey Community Concert Association The San Bernardino Valley Community Concert Association is in its 63rd year and still brings to the City of San Bernardino, at affordable prices, some of the greatest artists of the world. The San Bernardino Valley Community Concert Association make tickets available for students, seniors and special needs persons thus encouraging exposure to the fine arts. . Estimated Attendance - 3,100 . Number ofPerfonnances - 6 . Estimated Costs........... ...$44,275.00 . Estimated Income............$33,000.00 . Grant requested was for.....$11,275.00 . Grant award recommended. $ 12,687.50 ~ C) 1 2 3 RESOLUTION NO.t <<:>> lPY RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CUL TURE. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 11 12 13 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 Sinfonia Mexicana, 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 passage of this resolution. 16 III 17 III C) ,e o 1 2 3 4 5 6 7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE 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 24th day of January, 2005, by the following vote, to wit: 8 Council Members: 9 ESTRADA AYES NAYS ABSTAIN ABSENT 10 11 12 13 14 LONGYILLE MCGINNIS DERRY KELLEY JOHNSON 15 16 17 18 19 20 2005. 21 22 23 24 25 26 MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney 27 By IOdf~II?)&tJ 28 e e o 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 (C(gfP)f Exhibit "A" AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Sinfonia Mexicana, a non-profit organization, referred to an "Organization" The parties agree as follow: Recitals. 1. 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 cf said proposal is on file in the M~yor'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 he 2004-05 fiscal year, the total sum of $ ,687.50 dollars, to cover the costs per Fine Art grant applicatio~ ~~,eement. JJ 5' or OJ) 1.tD (}.LV (Y'XA" t/J /lLJ 3. Use of ~unds. The funds p1~o 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 - I - C) 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 C) C) AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS A~D CULTURE. the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30, 2005, and any unexpended funds shall be r~turned 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 fi~ancial records in accordance with this section ~ill 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. 6. Termination. City shall have the right to terminate this Agreement and any funding remaining .. 2.. C) 1 2 3 4 5 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C) o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE:. 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 Agreeme:1t of City. shall not without the 2. Insurance. Organization shall take out and maintain during the life of this Agre~ment such public liability and property damage insurance, naming the City, its elective and appointive boards, cc~~issions, officers, attorn~ys, 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 0:1 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 - 3 - G 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 G o AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SIN:ONIA MEX::ANA FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 hereunde~ 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 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 rE:quired 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 Anthony Bocanegra, President SINFONIA MEXICANA 468 West Fifth Street San Bernardino, CA. City of San Bernardino 300 North "0" Street San Bernardino, CA. 92418 92401 11. Entire Agreement. This Agreement and any other documents of instruments attached hereto or ieferred 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. -4- C) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e AGREEMENT RE: THE ClTY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PRO~OTION OF THE ARTS AND CULTURE. 12. Non-Discriminatio~. Organization agrees that for the term of ttis Agreement it shall not discriminate in employment recruitment, hiring, admission practices, advertising or in pn other manner on the basis of race, color, creed, religion, national origin, sex, p~ysical handicap, or marital status. CITY OF SAN BERNARDINO Date: Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION 18 Approved as to form and legal content: o 19 20 21 22 23 24 25 26 27 28 James F. Penman City Attorney By: III III III III III III III III l}~II~kU - 5 - ... .. Synopsis: Sinfonia Mexicana Society The City of San Bernardino is indeed fortunate in having many citizens of diverse cultures and faiths. 1) The Sinfonia Mexican Society was organized in 1984 under the auspicious of the San Bernardino Symphony Orchestra with the purpose of creating community awareness and appreciation of the classic music of Mexican composers. 2) Later a new popular component Mariachi, the folk music of Mexico was introduced with great success. 3) In 1997 a Mariachi Youth instructional program was developed which continues to enroll youth between 8-17 years of age. . Estimated Attendance - 5,200 . Number of Performances - 3 . Estimated Costs. . . .. . . .. $21 0,027.00 . Estimated income......$151,000.00 . Grant requested.. . . . . ...$59,027.00 . Fine Arts Commission recommended....$60,687.50 ~ e o 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION~. cg r 11' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FAMILY PLAYHOUSE & ACADEMY 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 Sturges Family Playhouse & Academy, a copy of which is attached hereto marked Exhibit "A" 12 and incorporated herein by references as fully as though set forth at length. 13 SECTION 2. The authorization to execute the above referenced agreement 14 15 16 17 18 III 19 //I 20 III 21 1// 22 III 23 24 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. /II III III 25 26 III 27 28 No. /4H ol/~tf /o~ C) e o 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES F AMIL Y PLAYHOUSE & ACADEMY FOR THE PROMOTION OF ARTS AND CULTURE 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 6 7 8 Council Members: 24th day of January, 2005, by the following vote, to wit: NAYS ABSTAIN ABSENT AYES 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 14 KELLEY JOHNSON 15 16 17 18 19 20 21 22 23 24 25 26 MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2005. Judith ValleS. Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City At:(jY 27 By fV~lI~ 28 C) 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 G o Exhibit "A" (C(Q)~Y AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARuINO, a municipal corporation, referred to as "City" and the Sturges Family Playhouse & Academy, a non-pro:it organization, referred to an "Organization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2003-04, 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 (hereinafte~ "the proposal") approved by the Fine Arts Co~~ission 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 Organizatio~_. 2. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the budget for e 2004-05 fiscal year, the total sum of , 87.50 dollars, to cover the costs per Fine Ar sl~~~L(a6;J6c~~e~. 3. Use of Funds. The funds paid to Organization ~hall be used solely for the purposes set forth in Paragraph 1 and in strict compliance with the provisions set forth in the agreement. No - 1 - _."'._c",' .,' " C) 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 o o AGREEMENT RS: THE CITY 0: SAN BERNARDINO AND THS STURGES FAMILY PLAYHOUSE & ACADEMY. deviation from the agreem~nt shall b& 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 submi t t,o 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 :or 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, attorney, 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 perfo~ance of se~ices or other activities of Organization. Organization and its employees and agents are independent contractors and are not employees or agents or the City in perrorming 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 - 2 - _"~,,'C'~ '5' ~ 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 C) o " '.. AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE STURGES FAMILY PLAYHOUSE & ACADEMY. written notice to Organization and this agreement shall term~nate 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 shall not this Agreement without the of City. 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. (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 - 3 . _~_C""C,. c." C) 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 G o ~, AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE STU~GES FAMILY PLAYHOUSE & ACADEMY. 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 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: As to Organization: Mayor's Office Randy Hlebasko Founder Sturges Family Playhouse & Academy P.O. Box 1303 San Bernardino, CA. City of San Bernardino 300 North "DN Street San Bernardino, CA. 92418 92402 11. Entire Agreement. This Agreement arid 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. - 4 - ~'rd'~f$'P" ,y, C) 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 I) o ',.."'~_m"_'~' AGREEMENT RE: THE CITY OF SAN BERNARO:NO AND THE STURGES FAMILY PLAYHOUSE & ACADEMY. 12. Non-Discrimination. Organization agrees that for the term of this Agreement it shall not discriminate in emplcyment 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. DA':'ED: CITY OF SAN BERNARDINO Judith Valles, Mayor l\.TTSST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney ~i; I/)atf;ti~ /1/ /1/ .5 - ~PI'~'"'''=T''''''' "'i' """~T'"''''''''''''''~''''''' ~"''''-" "" .. .. Synopsis: Sturges Family Playhouse The Sturges Family Playhouse provides quality live community theater and family entertainment at affordable prices. Over the years, the Playhouse's audiences have expanded from children and families to seasoned theater goors and performing veterans. The Playhouse rills a need to showcase local performers and enhances the arts in the downtown area. . Estimated Attendance.....................4,400 . Number ofPerformances.....................18 . Estimated Costs......................S48,940.00 . Estimated Income....................$28,100.00 . Grant Requested.....................$20,840.00 . Grant Award Recommended......$21,887.50 ,.,... ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** .' RESOLUTION AGENDA ITEM TRACKING FORM Moeting o.te (Date ^!;dl' I nul 0( ~rA' JIi.. (A) . Resolution # JA1J)" _.~ I Vote: AyesJl) ~~ Abstam Absent Change to motion to amend original documents 0 Companion Resolutions Nul1/Void After: ~ days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: ~ Date of Mayor's Signatur: Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: ~' ;/ Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed toG) An;ma! Control .v EDA 0 Information Services 0 City Administrator 0 Facilities ~ Parks & Recreation 0 City Attorney Finance Police Department 0 Code Co 0 Fire Department 0 Public Services 0 0 Human Resources 0 Water Department 0 ~ N~ !MA<,;'~ ~,%?- ~ or- R=lYIoF;k~ _-:J" 7' O~ Revised 12/18/03 ~.,,",.,. , ",' "'" _ .,'~ro"~""""',"""" ~,'~'W~, CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-21 At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution No. 2005-21- Resolution authorizing the execution of an Agreement with the Canto Bello Master Chorale for the promotion of arts and culture. Attached is one (I) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: V!J{~ -" 621r- Please sign and return Date: . ~~ -.. " ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Dare (Dot< Adoyro>' ~ lrem' jj(;j) Re",lutinn' ~()!7- ~ Vote: Ayes fa NayS~ Abstain Absent Change to motion to amend original documents 0 Companion Resolutions Null/V oid Mter: fa 0 days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: ~/ Seal Impressed: 6' Date Memo/Letter Sent for Signature: 1 sl Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 I Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ ,- Copies Distributed to: L~ ~ Animal Control V EDA D Information Services D -, ~ ~ City Administrator Facilities Parks & Recreation 0 City Attorney Finance Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 0 Human Resources 0 Water Department 0 N~~~k, / Ready to File: 'V Dat?" 7, o~ Revised 12/18/03 em," '"'''~- CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-22 At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution No. 2005-22 - Resolution authorizing the execution of an Agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be nuD and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~~Udt_ Date: 02/ r- Please sign and return . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M<etingDalo (Dote ~), .iht'/ Or 110m # ~ R=lution# ~05' ;:J.J Vote: Ayes-k2 ~k~ Abstain Absent Change to motion to amend original documents 0 Companion Resolutions NullNoid After: ~ days / Resolution # On Attachments: 0 , Date of Mayor's Signature: Date of Clerk/CDC Signature: Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: f.: ~ Reso. Log Updated: Seal Impressed: ~/ Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 I Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ -" Copies Distributed to: ~, I Animal Control ~ EDA ~/ Information Services 0 I':' City Administrator Facilities Parks & Recreation 0 ;l City Attorney Finance Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: ~ <' Ready to File: _ Revised 12/18/03 fB'Ec'.."..."'''<+,....-- . """~"" ~-""-- . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1,2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-23 At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution No. 2005-23 - Resolution authorizing the execution of an Agreement with the Inland Empire Symphonic Choir for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be nuD and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ref(~ Date: 621 f;~ Please sign and return .. t ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** .' RESOLUTION AGENDA ITEM TRACKING FORM M,oting Oat< (Dare A!,dd/ )ill06 't"l,JLiil Rerolution # ~fJO.> -.JI Vote: Ayes-{p2 Nays~ Abstain Absent Change to motion to amend original documents 0 Companion Resolutions NullNoid After: ~,V days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: g/ Date Memo/Letter Sent for Signature: I st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 ., ~ I I Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: (9 I Animal Control 0 EDA V Information Services 0 g City Administrator 0' Facilities Parks & Recreation D ~ ~ City Attorney Finance Police Department 0 Code Compliance D Fire Department D Public Services 0 Development Services D Human Resources D Water Department 0 Others:~ Not<S'~ }~w.~ Ready to File: JL.. Date: ~,~ 7/' C ~ Revised 12/18/03 <= . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-24 At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution No. 2005-24 - Resolution authorizing the execution of an Agreement with the Junior University for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: W~ '7Jfr Please sign and return Date: . , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** M<eting D.te (Dote A<laf'te<I>, ~ Item. J!L1il Vote: Ayes-Ia NaysM Abstain Change to motion to amend original documents D Companion Resolutions NulI/Void After: (j,{) days / Resolution # On Attachments: D RESOLUTION AGENDA ITEM TRACKING FORM ..",.,...- Resolution # ~O~ ...;J.- 5 Absent Note on Resolution of attachment stored separately: D PUBLISH D By: Date Sent to Mayor: Date of Mayor's Signature: ;1 Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: ~ Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: eY Animal Control 0 EDA V Information Services 0 City Administrator ~ Facilities Parks & Recreation D City Attorney Finance Police Department D Code Compliance D Fire Department D Public Services D DoV"Z;;;:; D Human Resources D Water Department D Others Notes:~~~ / Ready to File: lL. .../ Date:'3 ~ 7/01 Revised 12/18/03 ~---- ..~ .e"<<,r,="<_< CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-25 At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution No. 2005-25 - Resolution authorizing the execution of an Agreement with the Prime Time Choraliers for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~ Date: af;c7J Please sign and return "' . " " ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Moeting Date (Date A~)' ~')10S [tem # NO:) Re",lutinn # dO bS' - jR Vote: Ayes -l.o Nays _~ 1 Abstain Absent Change to motion to amend original documents D Companion Resolutions Null/Void After: ~ days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: V' Seal Impressed: 3' Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report AttachedV Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: {V Animal Control 0 EDA 0 Information Services 0 City Administrator ~ Facilities ~ Parks & Recreation D City Attorney Finance Police Department D Code Compliance D Fire Department D Public Services D Developme Human Resources D Water Department D N....J43t~~,~ ~ r / ../ Ready to File: V Date: ~ ,,1 / o~ Revised 12/18/03 ..-~ . ""-''''''""' . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-28 At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution No. 2005-28- Resolution authorizing the execution of an Agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~~ O/P- Please sign and return Date: "'","",,-' ""- '","~- ,. ... ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Mreting Daoo (D.oo Ad~)' ~)t(( t6 Irn; ~ /1{ G,.) . Ro.,lution . ;}IJ()y;rt, Vote: Ayes tl2 Nays~ Abstam Absent Change to motion to amend original documents D Companion Resolutions Null/Void After: ( 0. 0 days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D RECORD W/COUNTY D By: Date Sent to Mayor: Date of Mayor's Signa Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433,10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655,92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: @ Animal Control EDA V Information Services 0 City Administrator ~ Facilities Parks & Recreation D City Attorney Finance Police Department D D Fire Department D Public Services D D Human Resources D Water Department D Others: NO"'~/J1trw~~~/ ,/ -- Ready to File: ~ Date: 3 .; -;...-tl r Revised 12/18/03 .~. -,,--"~ -1/"- .g.~. "'~.~~.,," .<'='-"'""""''1' "\' CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-26 At the Mayor and Common Council meeting of January 24, 2005, the City of San Bernardino adopted Resolution No. 2005-26- Resolution authorizing the execution of an Agreement with the Sinfonia Mexicana for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~~J Date: aj /e? Please sign and return \. . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** Date Sent to Mayor: Date of Mayor's Signatur . Date of Clerk/CDC Signature: RESOLUTION AGENDA ITEM TRACKING FORM Mooting Date (Date Aooroo)' ~ ~ ~ R=lution # ;Jo os-). 7 Vote: Ayes ---La Nays 1K +- Abstain Absent Change to motion to amend original documents 0 Companion Resolutions Null/V oid After: ~O days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORDW/COUNTY 0 By: l r~ oS: .~ Reso. Log Updated: Seal Impressed: if ~~, ~ " r. Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 I I Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: " ~ Animal Control 0 EDA ~ Information Services 0 .~ ~ City Admin;,""'" g.,; Facilities Parks & Recreation 0 City Attorney __ Finance - ---- Police Department 0 Code Co 0 Fire Department 0 Public Services 0 Human Resources 0 Water Department 0 Others:. Notes: J::ti:; ?~ Ready to File: _ Date: Revised 12/18/03 "'<>OT"'" - rE__....~::,." ,,,,,,,,,,,,,,,"'lm'!~,,- '""~ CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 1, 2005 TO: Cyndi Fehler, Secretary Mayor's Office FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-27 At the Mayor and Common Council meeting of January 24,2005, the City of San Bemardino adopted Resolution No. 2005-27- Resolution authorizing the execution of an Agreement with the Sturges Family Playhouse & Academy for the promotion of arts and culture. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: c&4du &/I~ Please sign and return Date: