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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Patrick J. Morris Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Mayor's Office Bernardino authorizing the execution of
an agreement with the Sinfonia
Date: October 9, 2006 Mexicana for the promotion of arts and
culture.
M/CC Meeting Date: October 16, 2006
Synopsis of Previous Council Action:
October 17, 2005 — Resolution # 2005-354 Council authorized and approved the
agreement and grant in the amount of$60,687.50.
Recommended motion:
Adopt the resolution.
S- nature
Contact person: Peggi Hazlett Phone: 5133
Supporting data attached: SR, reso, and agreement Ward:
FUNDING REQUIREMENTS: Amount: $54,000.00
Source: (Acct. No.) 001-091-5185
(Acct. Description) Fine Arts funding
Finance:
Council Notes: Re so
Agenda Item No.
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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 the
execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture.
Background:
Eleven organizations submitted applications requesting fine arts grants in the amount of
$227,202.00 for the 2006-07 Fiscal Year. A total of$133,500 was budgeted for fine arts in F Y
06-07. The grant request from the Sinfonia Mexicana was the only grant request that exceeded
the amount of$25,000. Those grant requests under$25,000 will be handled administratively.
In addition to grant requests received from seven organizations that applied for and received
grant funding last year, the commission also reviewed grants from four new organizations.
The deadline for submission for grant applications was August 17, 2006. Copies of the
applications were sent to members of the Fine Arts Commission for review prior to their meeting
September 23, 2006, at which time the commissioners discussed the applications. Oral
interviews were held with the applicants on September 23, 2006. Commissioners reviewed
interview notes and application packages and made the final decisions on grant allocations.
The Fine Arts Commission was charged with making difficult decisions about how to effectively
allocate the limited funds budgeted for the promotion of the arts in the City of San Bernardino.
The following is the recommendation of the Fine Arts Commission for Fiscal Year 2006-07:
2005-06 2006-07
1. The Black Voice Foundation $ -0- $ 8,000
2. Canto Bello Chorale $ 5,200 $ 5,300
3. The Fictitious Theatre Company $ 4,000 $ 6,000
4. Inland Dance Theatres $19,500 $20,000
5. Junior University $ 7,000 $21,000
6. Prime Time Choraliers $ -0- $ 1,200
7. San Bernardino Film Festival $ -0- $ -0-
S. San Bernardino Valley Concert Assoc. $11,350 $ -0-
9. Sinfonia Mexicana Society $50,000 $54,000
10. Sturges Family Playhouse &Academy $16,500 $18,000
11. Theatrical Arts Foundation $ -0- $ -0-
Total $113,550 $133,500
Financial Impact:
Grant award in the amount of$54,000 is from the Fine Arts fund.
Recommendation:
Adopt Resolution.
COPY
1
2 RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
4 WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND
5 CULTURE.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor of the City of San Bernardino is hereby
10 authorized and directed to execute on behalf of said City an Agreement with Sinfonia
11 Mexicana, a copy of which is attached hereto marked Exhibit "A" and incorporated
12 herein by references as fully as though set forth at length.
13 SECTION 2. The authorization to execute the above referenced agreement
14
is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
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16 passage of this resolution.
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1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND
CULTURE
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
7 16th day of October, 2006, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10
BAXTER
11
VACANT
12
13 DERRY
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of ,
2006.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to Form:
25
JAMES F. PENMAN,
26 City Attorney
27 By:
28 t
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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 an "Organization"
The parties agree as . follow:
1 . 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, or events of activities
sponsored by Organizations as set forth
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 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 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 2006-07 fiscal year, the
total sum of $54 , 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
with the provisions set forth in the agreement . No
deviation from the agreement shall be made without
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AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
I�
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 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 fund 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 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 counsel 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 . 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 "counsel fees" for the purposes of this
paragraph.
F 6 . Termination. City shall have the right to
terminate this Agreement and any funding remaining
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NOR-
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE .
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 . 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 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 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 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 an occurrence .
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
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.
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:
Mayor' s Office Anthony Bocanegra,
President
City of San Bernardino SINFONIA MEXICANA
300 North "D" Street 468 West Fifth Street
San Bernardino, CA. 92418 San Bernardino, CA.
92401
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 .
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r° AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
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 .
CITY OF SAN BERNARDINO
Date :
Patrick J. Morris, Mayor
ATTEST:
Rachel G. Clark, City Clerk
ORGANIZATION
Approved as to form:
James F. Penman
City Attorney
By ,v, �(✓I
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