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Home My WebLink About2007-026 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 2007-26 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF AN BERNARDINO REPEALING RESOLUTION NO. 2006-365 AND AUTHORIZING HE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR HE PROMOTION OF ARTS AND CULTURE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to repeal Resolution No. 2006-365 and authorized and directed to execute on 10 11 behalf of said City an Agreement with Sinfonia Mexicana, a copy of which is attached 12 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 2. The authorization to execute the above reference agreement is 15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of passage 21 22 23 24 25 26 27 28 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF AN BERNARDINO REPEALING RESOLUTION NO. 2006-365 AND AUTHORIZING HE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR HE PROMOTION OF ARTS AND CULTURE. 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 22nd 8 day of January, 2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x ~ ~iJ.~ CIty Clerk The foregoing resolution is hereby approved this lc.(. day of January ,2007. ~~ Tobin Brinker, Mayor Pro Tern City of San Bernardino Approved as to Form: JAMES F. PENMAN, City Attorney .~ - 2- 2007-26 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 as "Organization." The parties agree as follows: I. Recitals. A. Organization has requested financial assistance from City for fiscal year 2006-07, in order to assist in defraying the expense of certain concerts, shows, festivals, events or activities sponsored by Organization as set forth in Organization's grant proposal (hereinafter "the Proposal") approved by the Fine Arts Commission of the City. A copy of 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 by 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 purposes, to wit: for the promotion of art appreciation in San Bernardino, as more fully set forth in the Proposal submitted by Organization. 2. Pavment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the budget for the 2006-07 fiscal year, the total sum of $54,000.00 dollars, to cover the Organization's costs as set forth in the Proposal. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph I and in strict compliance with the provisions set forth in this Agreement. No deviation from this Agreement shall be made without the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30,2007, and any unexpended funds shall be returned to City by Organization. 4. Accounting. Within twenty (20) days after the completion of the event, the Organization shall submit to the Mayor's Office, with a copy to the Director of Finance, an accounting of the actual -1- 2007-26 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND *** , FOR THE PROMOTION OF THE ARTS AND CULTURE expenditures connected with said event as they relate to the funds which were provided by the City. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such a manner as to permit City to easily trace the expenditures of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City. 5. Hold Harmless. Organization covenants and agrees to defend, indemnify, and hold harmless the City, its elective and appointive boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including attorney's 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 or activities. 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 "attorney's fees" for the purposes of this paragraph. 6. Termination. City shall have the right to terminate this Agreement for any reason by mailing a ten-day written notice to Organization and any funding remaining unpaid hereunder and this Agreement shall terminate ten (10) days after the mailing of such notice. In the event that 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 -2 - 2007-26 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND *** , FOR THE PROMOTION OF THE ARTS AND CULTURE 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 any claims for personal injury, including death, as well as from any claims for property damage which may arise from Organization's or its agents' operations 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 than $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 $1,000,000 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. (c) Workers Compensation. Organization shall provide workers compensation insurance in the amount required by state law if the funds provided hereunder are to be paid as a 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 named as an additional insured in each policy of insurance provided hereunder. (d) The Certificate of Insurance furnished to the City shall require the insurer to notify the City of any material change or termination of the policy. 9. Obligation. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed by this Agreement a binding obligation of the Organization. - 3- 2007-26 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND *** , FOR THE PROMOTION OF THE ARTS AND CULTURE 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: "'SINFONIA MEXICANA West Fifth Street San Bernardino, Ca 92401 468 Mayor's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 11. Entire Agreement. This Agreement and any other documents attached hereto or referred to herein supersede all negotiations and prior writings with respect to the subject matter hereof. In the event a conflict between the terms, conditions or provisions ofthis Agreement, and any such other document, 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, promotion, admission practices, advertising or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. -4- 2007-26 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND *** , FOR THE PROMOTION OF THE ARTS AND CULTURE [SINFONIA MEXICANA] Date: ,- -Z->- <9"7 d~C -'1"'- all N'l G;;,<!.14 itle) "'J-... / fi-i.eCU'f,(/~ ?"/(21.?C/-fc-~ CITY OF SAN BERNARDINO Date: ~ )..5-:~oo7 ~c.~ Tobin Brinker, Mayor Pro Tern City of San Bernardino ATTESL~~ h ~ Ra el G. Clark, City Clerk Approved as to form: James F. Penman City Attorney - 5 -