HomeMy WebLinkAbout2008-370
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1 RESOLUTION NO. 2008-370
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
3 SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager 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
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is attached marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
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length.
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SECTION 2. The authorization to execute the above referenced agreement is rescinded
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if the parties to the agreement fail to execute it within sixty (60) days of passage of this resolution.
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2008-370
1 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
4 Common Council of the City of San Bernardino at a regular meeting thereof, held on the ~day
5 of September
, 200S, by the following vote, to wit:
6 COUNCIL MEMBERS:
7 ESTRADA
8 BAXTER
AYES
NAYS
ABSTAIN ABSENT
x
x
9 BRINKER
x
10 DERRY
x
11 KELLEY
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12 JOHNSON
13 MC CAMMACK
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x
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~h.~
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this,Eday of Seotember200S.
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21 Approved as to form:
22 JAMES F. PENMAN,
City Attorney
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2008-370
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AGREEMENT
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Fine Arts Funding
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THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
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municipal corporation, referred to as "City" and the Sinfonia Mexicana, a non-profit
organization, referred to as "Organization."
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The parties agree as follows:
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1.
Recitals.
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A.
Organization has requested financial assistance from City for fiscal year
1 0 200S-09, in order to assist in defraying the expense of certain concerts, shows, festivals,
11 events, or activities sponsored by Organization as set forth in Organization's grant proposal
12 (hereinafter "the proposal") approved by the Fine Arts Commission of the City. A copy of
13 said proposal is on file in the Mayor's Office of Cultural Affairs. The financial assistance
14 provided for in this Agreement is made on a one-time only basis, and receipt of said funds
15 shall not imply a continuing obligation ofthe City beyond the terms of this Agreement.
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B.
The expenditure is for a valid municipal public purpose, to wit: for the
17 promotion of art appreciation in San Bernardino, as more fully set forth in the proposal
18 submitted by Organization.
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2.
Payment.
20 Upon presentation of a claim to the City Manager's Office, City shall pay to
21 Organization from the budget for the 200S-09 fiscal year, the total sum of $32,500.00 dollars,
22 to cover the costs per Fine Arts grant application agreement.
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3.
Use of Funds.
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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 written approval of the City of San
Bernardino. Said funds shall be expended by June 30, 2009, and any unexpended funds shall
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be returned to City by Organization.
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2008-370
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
4. Accounting. Within 20 days after the completion of the event, the
Organization shall submit to the City Manager's Office, with a copy to the Director of
Finance, an accounting of the actual expenditures connected with said event(s) as it relates 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 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 funds to the City.
5.
Hold Harmless.
13 Organization covenants and agrees to defend, indemnifY, and hold harmless the City of
14 San Bernardino, its elective and appointive boards, commissions, officers, attorneys, agents
15 and employees from all liabilities and charges, expenses (including attorney fees), suits or
16 losses however occurring, or damages arising or growing out of the use or receipt of the funds
17 paid hereunder and all operations under this agreement. Payments hereunder are made with
18 the understanding that the City is not involved in the performance of services or other
19 activities of Organization. Organization and its employees and agents are independent
20 contractors and are not employees or agents of the City in performing said services.
21 Organization further warrants that it has secured all rights and permissions to perform any
22 works of intellectual property publicly or use any names, marks, or trade names, including any
23 licenses necessary, to use any intellectual property, including, but not limited to, any works
24 protected by state and federal statutory and common law copyright, right of publicity, and
25 trademark/unfair competition laws, or any other proprietary rights.
26 Organization agrees to indemnifY, hold harmless, and defend the City of San
27 Bernardino, including its employees, contractors, and agents, from and against any claims or
2 8 lawsuits, including costs, expenses, and attorney's fees, that arise or result from any allegation
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2008-370
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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of intellectual property infringement by organization.
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 fees" for the
purposes of this paragraph.
6. Termination. City shall have the right to terminate this Agreement and any
funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to
Organization and this agreement shall terminate ten days after the mailing of such notice. In
event this Agreement is terminated for reasons of improper use of funds or use of funds for
any purpose other than those authorized, any unexpended portion of funds provided by 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.
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Assignment. Organization shall not assign its interest in this Agreement
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8.
Organization shall take out and maintain during the life of this
Insurance.
17 Agreement such public liability and property damage insurance, naming the City and its
18 elective and appointive boards, commissions, officers, attorneys, agents and employees as
19 additional insured by Organization and its agents performing acts covered by this Agreement
20 from the claims for personal injury, including death, as well as from claims for property
21 damage which may arise from Organization's or its agents' operation hereunder, whether such
22 operations be by Organization or its agent or by anyone directly or indirectly employed by
23 either Organization or its agents, and the amounts of such insurance shall be as follows:
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(a)
Public Liability Insurance. In an amount not less than $1,000,000 for injuries,
25 including, but not limited to, death, to any person, and subject to the same limit for each
26 person, in an amount not less than $100,000 on account of anyone occurrence.
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(b)
Property Damage Insurance. In an amount not less than $50,000 for damage to
28 the property of each person on account of an occurrence.
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2008-370
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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(c)
Workers Compensation. Organization shall provide worker compensation
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insurance in the amount required by state law ifthe 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 set forth as an additional named insured in each policy of insurance provided
hereunder.
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(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.
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Obligation.
12 Organization hereby covenants that it has taken all actions necessary to make the
13 adherence to the obligations imposed by this agreement a binding obligation ofthe
14 organization.
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10.
Notices.
16 All notices herein required shall be in writing and delivered in person or sent by
17 certified mail, postage prepaid addressed as follows:
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As to City:
Mayor's Office
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
As to Organization:
Anthony Bocanegra, President
SINFONIA MEXlCANA
562 West 4th Street
San Bernardino, CA. 92401
II.
Entire Agreement.
This Agreement and any other documents or 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.
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200S-370
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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Non-Discrimination.
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Organization agrees that for the term of this Agreement it shall not discriminate in
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employment recruitment, hiring, admission practices, and advertising or in any other manner
on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital
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status.
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CITY OF SAN BERNARDINO
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(ft~
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Date:
1/26/0f
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Lori Sassoon, Acting City Manager
ATTEST:
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Rachel G. Clark, City Clerk
SINFONIA MEXICANA
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Approved as to form:
James F. Penman, City Attorney
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