HomeMy WebLinkAbout25-Mayor's Office
.
O'
.l. _
-
IL
-
o
o
o
1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE
3 PROMOTION OF ARTS AND CULTURE.
4 BE IT RESOLVED BY THE I~YOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6
7
8
9
10
11
12
13
14
SECTION l. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with the Sinfonia Mexicana for the promotion of arts
and culture, a copy of which is attached hereto, marked Exhibit
nA~ and incorporated herein by reference as fully as though set
forth at length.
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
, 1988, by the
City Clerk
24
25
26
27
28
-1-
~
O'
AGREEMENT WITH THE SINFONIA MEXI~A FOR THE PROMOTION
OF ARTS AND CULT<=). ~
o
1
The foregoing resolution is hereby approved this
day
2 of
, 1988.
3
4
5
Approved as to form
6 and legal content:
: C~~~;iM~
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EVLYN WILCOX, Mayor
City of San Bernardino
-2-
~ U 4 ~
. 0 0 0 0
1 AGREEMENT
2 (Fine Arts Funding)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~
24
25
26
27
28
BERNARDINO, a municipal corporation, referred to as "City", and
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 the fiscal yearl988-l989, in order to assist in
defraying the expense of certain concerts, shows, festivals or
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 which
proposal is on file in the 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 arts and culture, as more
fully set forth in the proposal submitted by Organization.
2. Pavment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the budget
for the 1988-1989 fiscal year, the total sum of FIFTEEN THOUSAND
1
o
o
o
o
1 DOLLARS ($l5,OOO.OO) at such time or times 0nd in such periodic
2 amounts as determined by the City Administrator and Finance
3 Director of the City, consistent with the grant proposal
4 approved by the Fine Arts Commission.
5 3. Use of Funds. The funds paid to Organization shall be
6 used solely for the purposes set forth in Paragraph 1 and in
7 strict compliance with the provisions set forth in the proposal.
8 No deviation from the proposal shall be made without the'express
9 approval of the City of San Bernardino. Said funds shall be
10 expended by June 30, 1989, and any unexpended funds shall be
11 returned to City by Organization.
12 4. Accountinq. At such time or times as may be requested
13 by the City Administrator or Director of Finance of City,
14 Organization shall submit to the City Administrator, with a copy
15 to the Director of Finance and the San Bernardino Fine Arts
16 Commission, an accounting of the proposed and actual expenditures
17 of all revenues accruing to the Organization for the fiscal year
18 ending June 30, 1989. Financial records shall be maintained in
19 accordance with generally accepted accounting principles by
20 Organization in such a manner as to permit City to easily trace
21 the expenditures of the funds. All books and records of
22 Organization are to be kept open for inspection at any time
23 during the business day by the City or its officers or agents.
24 s. Hold Harmless. Organization covenants and agrees to
25 indemnify and save harmless the City and its employees and agents
26 from all liabilities and charges, expenses (including counsel
27 fees), suits or losses however occurring, or damages arising or
28
2
-
~
.
c
o
o
o
1 growing out of the use or receipt of the funds paid hereunder and
2 all operations under this agreement. Payments hereunder are made
3 ith the understanding that the City is not involved in the
4 performance of services or other activities of Organization.
5 Organization and its employees and agents are independent
6 contractors and are not employees or agents of the City in
7 erforming said services.
8 6. Termination. City shall have the right to terminate
9 this Agreement and any funding remaining unpaid hereunder for any
10 reason by mailing a ten-day written notice to Organization and
11 this agreement shall terminate ten days after the mailing of such
12 notice. In the event this Agreement is terminated for reasons of
13 improper use of funds or use of funds for any purpose other than
14 those authorized, any unexpended portion of the funds provided by
15 City shall be returned to City. In addition, Organization shall
16 reimburse to City any funds expended which were used for any
17 purposes other than those authorized under this Agreement.
18 7. Assignment. Organization shall not assign its interest
19 in this Agreement without the prior written approval of City.
20 8. Insurance. Organization shall take out and maintain
21 during the life of this Agreement such public liability and
22 roperty damage insurance as shall insure City, its elective and
~ appointive boards, commissions, officers, agents and employees,
24 Permittee and its agents performing acts covered by this
25 Agreement from claims for damages for personal injury, including
26 death, as well as from claims for property damage which may arise
27 from Organization's or its agents' operations hereunder, whether
28
3
.
c
o
o
o
1 such operations be by Organization or its agents or by anyone
2 directly or indirectly employed by either Organization of its
3 agents, and the amounts of such insurance shall be as follows:
4 (a) Public Liability Insurance. In an amount
5 not less than $lOO,OOO for injuries, including, but not limited
6 to, death, to anyone person and, subject to the same limit for
7 each person, in an amount not less than $lOO,OOO on account of
8 anyone occurrence,
9 (b) Property Damage Insurance. In an amount
10 of not less than $50,000 for damage to the property of each
11 person on account of anyone occurrence.
12 9. Entire Aqreement. This Agreement and any documents or
13 instruments attached hereto or referred to herein integrate all
14 terms and conditions mentioned herein or incidental hereto, and
15 supersede all negotiations and prior writing in respect to the
16 subject matter hereof. In the event of conflict between the
17 terms, conditions or provisions of this Agreement, and any such
18 documents or instrument, the terms and conditions of this
19 Agreement shall prevail.
20 lO. Notices. All notices herein required shall be in
21 writing and delivered in person or sent by certified mail,
22 postage prepaid, addressed as follows:
23
24
25
26
27
28
4
o
o
City Administrator
City of San Bernardino
300 North "Dn Street
San Bernardino, CA. 92418
1
2
3
4
5
6
7
8
9
10
11
12
Approved as to form
13 and legal content:
14
15
DATED:
ATTEST:
City Clerk
16
17
18
19
20
21
22
23
24
25
26
27
28
4.
o
o
Sinfoni~ Mexicana
George Martinez
362 West Court Street
San Bernardino, Ca. 92418
CITY OF SAN BERNARDINO
By
Evlyn Wilcox, Mayor
SINFONIA MEXICANA
By
George Martinez
5