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ORiGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Mayor's Office
Subject: Resolution authorizing
execution of an Agreement with the
San Bernardino Symphony Orchestra
for the promotion of Arts and Culture.
From: Mayor Judith Valles
Date: October 11, 2005
MICC Meeting Date: October 17,2005
Synopsis of Previous Council Action:
Nov. 15,2004
Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Oct. 6, 2003
Nov. 4, 2002
Sept.17,2001
Recommended motion:
Adopt Resolution.
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Contact person: Jim Ruester
Phone: 5133
Supporting data attached: SR, Resolution and Agreement
Ward:
FUNDING REQUIREMENTS:
Amount: $70,000.00
Source: (Accl. No.) 001-091-5186
(Accl. Description) Fine Arts funding
Finance:
Council Notes: Pj(}' ~OO~-, 3,C;S
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Agenda Item No. 0\3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
execution of an Agreement with the San Bernardino Symphony Orchestra for the
promotion of Arts and Culture.
Background
The Fine Arts Commission has recommended funding for the San Bernardino
Symphony Orchestra for a number of years. Funding for the San Bernardino Symphony
Orchestra has been included as a budget line item since Fiscal Year 2001-2002.
Fiscal Impact:
Funding in the amount of $70,000. was included in the Fiscal Year 2005-2006 budget
Account # 001-092-5186.
Recommendation:
Adopt Resolution.
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RESOLUTION NO. t~fP1f
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA 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 I.
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an Agreement with the San Bernardino
Symphony Orchestra, a copy of which is attached hereto marked Exhibit "A" and incorporated
herein by reference 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA 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
meeting thereof,
held on the
day of
, 2005 by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
Council Members:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing Resolution IS hereby approved this
,2005
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as "City" and the SAN BERNARDINO SYMPHONY
ORCHESTRA, 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 2005-06, in
order to assist in defraying the expense of certain
concerts, shows, festivals, or events of 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 for in 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 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 Mayor's Office, City shall pay to Organization
from the budget for the 2005-06 fiscal year, the
total sum of $70,000.00 dollars, 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
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
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 by June 30, 2006, 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 funds which were provided by the City and/or
the Redevelopment Agency of the City of San
Bernardino (RDA). 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 and/or the RDA or their
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
and/or the RDA.
s. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the
City and the Redevelopment Agency of the City of San
Bernardino (RDA), their 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 and/or
the RDA 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 and/or the RDA in performing said
services. Organization further warrants that it has
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
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 and the
Redevelopment Agency of the City of San Bernardino,
including their employees, contractors, and agents,
from and against any claims or lawsuits, including
costs, expenses, and attorney's 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 feesu 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.
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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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 their elective and appointive
boards, including the Redevelopment Agency,
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
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.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
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:
300 North "Off Street
San Bernardino, CA. 92418
Mary Schnepp, President
San Bernardino Symphony
Orchestra
1811 N. "Off Street
San Bernardino, CA.
92405
Mayor's Office
City of San Bernardino
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.
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.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
Date:
Approved as to form
and legal content:
James F. Penman
City Attorney
CITY OF SAN BERNARDINO
Judith Valles, Mayor
ATTEST:
Rachel G. Clark, City Clerk
SAN BERNARDINO SYMPHONY ORCHESTRA
By:
Mary Schnepp, President
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE RENEWAL OF
A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO
POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED
STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION
(DEA) TASK FORCE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOW:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
authorize the Mayor, or her designee, to execute an agreement between the City of San
Bernardino Police Department and the United States Department of Justice, Drug Enforcement
Administration authorizing the San Bernardino Police Department to participate as a member
of a Drug Enforcement Administration task force operating in the Inland Empire.
SECTION 2. The authorization to execute the above referenced memorandum of
understanding is rescinded if it is not executed within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF THE RENEWAL OF A
MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO
POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED
STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION
(DEA) TASK FORCE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2005, by the following vote, to wit:
9 Council Members
ABSTAIN ABSENT
NAYS
AYES
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ESTRADA
LONGYILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
,2005.
day of
The foregoing resolution is hereby approved this
JUDITH Y ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN, City Attorney
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