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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL A
From: Mayor Patrick J. Morris Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Mayor's Office Bernardino repealing Resolution No. 2006-
365 and authorizing the execution of an
Date: January 16, 2007 agreement with the Sinfonia Mexicana for
the promotion of arts and culture.
M/CC Meeting Date: January 22, 2007
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.
October 16, 2006-Resolution# 2006-365 Council authorized and approved the agreement and
grant in the amount of$54,000.
Recommended motion:
Adopt resolution.
Signature
Contact person: Peggi Hazlett Phone: 5133
Supporting data attached: SR, reso, and agreement Ward: _1
FUNDING REQUIREMENTS: Amount: $54,000.00
Source: (Acct. No.) 001-091-5185
(Acct. Description) Fine Arts funding
Finance:
Council Notes: -2 op -7 -
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino repealing
Resolution No. 2006-365 and authorizing the execution of an agreement with the Sinfonia
Mexicans for the promotion of arts and culture.
Background:
On October 16, 2006 the Mayor and Common Council authorized the execution of an agreement
between the City and the Sinfonia Mexicana in the amount of$54,000 to be executed within
sixty(60) days of the passage of the resolution.
Unfortunately, staff failed to obtain the necessary signatures from the grant recipient in the
allocated time period and now is requesting that the original resolution be repealed and that the
Mayor and Common Council authorize the execution a new agreement with the Sinfonia
Mexicana.
Fiscal Impact:
Grant award in the amount of$54,000 from the Fine Arts fund.
Recommendation:
Adopt Resolution.
1 COPY
2 RESOLUTION NO.
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4 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF
AN BERNARDINO REPEALING RESOLUTION NO. 2006-365 AND AUTHORIZING
5 rHE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR
HE PROMOTION OF ARTS AND CULTURE.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized
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10 and directed to repeal Resolution No. 2006-365 and authorized and directed to execute on
11 behalf of said City an Agreement with Sinfonia Mexicana, a copy of which is attached
12 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
13 length.
14 SECTION 2. The authorization to execute the above reference agreement is
15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of passage
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of this resolution.
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3 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF
AN BERNARDINO REPEALING RESOLUTION NO. 2006-365 AND AUTHORIZING
4 HE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR
HE PROMOTION OF ARTS AND CULTURE.
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6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 22nd
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day of January, 2007, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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11 ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
15 KELLEY
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JOHNSON
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18 MC CAMMACK
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20 City Clerk
21 The foregoing resolution is hereby approved this day of , 2007.
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23 Patrick J. Morris, Mayor
City of San Bernardino
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25 Approved as to
Form:
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JAMES F. PENMAN,
27 City Attorney D
28 By: 9
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LVU/-LO
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 follows:
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, events or 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 by 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 purposes, 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
Organization's costs as set forth in the Proposal.
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 this Agreement. No deviation from
this Agreement shall be made without 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 twenty (20) days after the completion of the
event, the Organization shall submit to the Mayor's Office, with a
copy to the Director of Finance, an accounting of the actual
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a
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 ***, a non-profit organization, referred to as
"Organization."
The parties agree as follows:
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, events or 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 by 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 purposes, 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$*** dollars, to cover the
Organization's costs as set forth in the Proposal.
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 this Agreement. No deviation from
this Agreement shall be made without 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 twenty (20) days after the completion of the
event, the Organization shall submit to the Mayor's Office, with a
copy to the Director of Finance, an accounting of the actual
Y
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND
FOR THE PROMOTION OF THE ARTS AND CULTURE
expenditures connected with said event as they relate 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 a 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 attorney's
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 or activities. 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's fees" for the purposes of this paragraph.
6. Termination. City shall have the right to terminate this Agreement
for any reason by mailing a ten-day written notice to Organization
and any funding remaining unpaid hereunder and this Agreement
shall terminate ten (10) days after the mailing of such notice. In
the event that 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
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND
FOR THE PROMOTION OF THE ARTS AND CULTURE
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 any claims for personal injury,
including death, as well as from any claims for property damage
which may arise from Organization's or its agents' operations
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 $1,000,000 on account
of any one occurrence.
(b) Property Damage Insurance. In an amount not less than
$ 0,000 for damage to the property of each person on
account of an occurrence.
(c) Workers Compensation. Organization shall provide
workers 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 named as an additional insured in each policy
of insurance provided hereunder.
(d) The Certificate of Insurance furnished to the City shall
require the insurer to notify the City of any material change
or termination of 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 the Organization.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND
FOR THE PROMOTION OF THE ARTS AND CULTURE
10. Notices. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage
prepaid addressed as follows:
i As to City: As to Organization:
Mayor's Office ***SINFONIA MEXICANA 468
i CITY OF SAN BERNARDINO West Fifth Street
300 North "D" Street San Bernardino, Ca 92401
f San Bernardino, CA 92418
11. Entire Agreement. This Agreement and any other
documents attached hereto or referred to herein supersede
all negotiations and prior writings with respect to the
subject matter hereof. In the event a conflict between the
terms, conditions or provisions of this Agreement, and any
i such other document, 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, promotion, admission practices,
advertising or in any 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
FOR THE PROMOTION OF THE ARTS AND CULTURE
[SINFONIA MEXICANA]
Date:
(Signature)
(Print Name/Title)
CITY OF,SAN BERNARDINO
Date:
Patrick J. Morris, Mayor
ATTEST:
Rachel G. Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By:
s