HomeMy WebLinkAbout2011-279
1
2
3
4
5
6
7
RESOLUTION NO. 2011-279
8 uthorized and directed to execute on behalf of said City an Agreement with Sinfonia
RESOLUTION OF THE MAYOR AND COMMON 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:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
9
10 eference as fully as though set forth at length.
11
12
13
exicana, a copy of which is attached marked Exhibit "A" and incorporated herein by
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
14 f this resolution.
15 II
16 II
17 II
18
II
19
II
20
21 II
22 II
23 II
24 II
25 II
26
II
27
28
- 1 -
2011-279
1 RESOLUTION OF THE MAYOR AND 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
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council ofthe City of San Bernardino at a regular meeting thereof, held on the 3rd day
6 of October, 2011, by the following vote, to wit:
7
Council Members:
8
MARQUEZ
9
10 JENKINS
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15
C CAMMACK
16
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
17
18
19
20
Qc~l~ /~ CJ~Lc}~
"--- City Clerk
The foregoing resolution is hereby approved this ,,5 {)I day of ~tober
, 2011.
21
22
pproved as to
23 orn1:
24 JAMES F. PENMAN,
25 ity Attorney
26
27
28
- 2 -
2011-279
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 follow:
1. Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2011-12, in order to assist
in defraying the expense of certain concerts, shows, festivals,
events, or activities sponsored by Organization as set forth in
Organizatiod 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 basis, 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
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 City
Manager's Office, City shall pay to Organization from the budget
for the 2011-12 fiscal year, the total sum of $67,625.00, 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 the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2012, and any
unexpended funds shall be returned to City by Organization.
2011-279
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. 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 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 fees, 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.
2
2011-279
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA 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 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.
interest
City.
Assignment. Organization shall not assign its
in this Agreement without the prior written approval of
8. Insurance. Organization shall take out and
maintain during the life of this Agreement such 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 any
one 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.
3
2011-279
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE
PROMOTION OF THE ARTS AND CULTURE.
(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 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 0 ffice
City of San Bernardino
300 North "0" 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.
4
2011-279
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE
PROMOTION OF THE ARTS AND CULTURE.
OF SAN BERNARDINO
Date: \ 0 -\ '2-- \ \
ATTEST:Q~ h.~
Rachel G.'clark, City Clerk
SINFONIA MEXICANA
Approved as to form:
James F. Penman
City Attorney
By:
5