HomeMy WebLinkAbout2010-322
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RESOLUTION NO. 2010-322
RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF
AN BERNARDINO AUHORIZING THE EXECUTION OF AN AGREEMENT WITH
HE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
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8 uthorized and directed to execute on behalf of said City an Agreement with Sinfonia
SECTION 1. That the City Manager of the City of San Bernardino is hereby
9 exicana, a copy of which is attached marked Exhibit "A" and incorporated herein by
10 eference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above referenced agreement is
escinded if the parties to the agreement fail to execute it within sixty (60) days of passage
f this resolution.
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2010-322
1 SOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF SAN
ERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 INFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
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6 ay of September, 2010, by the following vote, to wit:
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a regular meeting thereof, beld on tbe 20th
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pproved as to
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ouncil Members:
AYES
NAYS
ABSTAIN
ABSENT
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ESJARDINS
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C CAMMACK
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a~/;).~
'- City Clerk
The foregoing resolution is hereby approved this ~.n.I day of Septembe~, 2010.
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Tobin Brinker, Mayor Pro Tern
City of San Bernardino
24 AMES F. PENMAN,
25 City Attorney
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2010-322
AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO 1 a municipal corporationl referred
to as "City" and the Sinfonia Mexicanal a non-profit
organizationl referred to as "Organization"
The parties agree as follow:
1.
Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2010-111 in
order to assist in defraying the expense of certain
concerts, shows 1 festivalsl events 1 or activities
sponsored by Organization as set forth in
Organization/s grant proposal (hereinafter "the
proposal") approved by the Fine Arts Commission of
City. The financial assistance provided for in this
agreement is made on a one-time only basisl and
receipt of said funds shall not imply a continuing
obligation of City beyond the terms of this
Agreement.
B. The expenditure is for a valid municipal
public purposel to wit: for the promotion of art
appreciation in San Bernardinol as more fully set
forth in the proposal submitted by Organization.
2. Payment. Upon presentation of a claim to
the City Manager1s Officel City shall pay to
Organization from the budget for the 2010-11 fiscal
yearl the total sum of $51,850.001 to cover the costs
per Fine Arts grant application agreement.
3. Use of Funds. The funds paid to
Organization shall be used solely for the purposes
set forth in Paragraph 1 and in strict compliance
with the_provisions set forth in the agreement. No
deviation from the agreement shall be made without
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
- 1 - EXHffiIT "A"
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2010-322
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2011, 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 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. Organization covenants and
agrees to defend, indemnify, and hold harmless the
City of San Bernardino, its elective and appointive
boards, commissions, officers, attorneys, agents, and
employees from all liabilities and charges, expenses
(including attorney 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. Organization further warrants that it
has secured all rights and permissions to perform any
works of intellectual property publicly or use any
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2010-322
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
names, marks, or trade names, including any licenses
necessary, to use any intellectual property,
including, but not limited to, any works protected by
state and federal statutory and common law copyright,
right of publicity, and trademark/unfair competition
laws, or any other proprietary rights.
Organization agrees to indemnify, hold harmless, and
defend the City of San Bernardino, including its
employees, contractors, and agents, from and against
any claims or lawsuits, including costs, expenses,
and attorney feesl that arise or result from any
allegation 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 the 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
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2010-322
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
public liability and property damage insurance,
naming the City and 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 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 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 $100,000 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 anyone 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 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 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.
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2010-322
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
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 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 "D" Street
San Bernardino, CA. 92418
Anthony Bocanegra
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
11. 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.
12. Non-Discrimination. Organization agrees
that for the term of this Agreement it shall not
discriminate in employment recruitment, hiring,
admission practices, and advertising or in any other
manner on the basis of race, color, religion,
national origin, marital status, mental or physical
disability, medical condition, gender, age, sexual
orientation, or any other status protected by law.
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2010-322
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
Date: C\\~\\9
ATTEST: rA-~ h.~
Rachel G. 'e-larkr City Clerk
SINFONIA MEXICANA
Approved as to form:
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James F. Penman
City Attorney
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