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HomeMy WebLinkAbout1997-213 1 RESOLUTION NO. 97-213 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SIMON WIESENTHAL CENTER RELATING TO THE JACKIE 4 ROBINSON 50TH ANNIVERSARY BASEBALL EXHIBIT ENTITLED "STEALING HOME: HOW JACKIE ROBINSON CHANGED AMERICA" TO BE TEMPORARILY DISPLAYED 5 AT THE SAN BERNARDINO BASEBALL STADIUM. 6 WHEREAS, the Jackie Robinson 50th Anniversary Baseball Exhibit is scheduled to begin 7 a national tour this year; 8 WHEREAS, on April 24, 1997, the Human Relations Commission approved a motion 9 agreeing that a temporary display of the Jackie Robinson 50th Anniversary Baseball Exhibit would 10 extend good human relations within the City of San Bernardino by promoting tolerance and 11 understanding amongst our citizenry; 12 WHEREAS, on April 24, 1997, the Human Relations Commission requested staff to seek 13 the Mayor's approval and funding to bring the Jackie Robinson 50th Anniversary Baseball Exhibit 14 to the City of San Bernardino; 15 WHEREAS, the educational, private, and public sectors of the community of the City of 16 San Bernardino have raised the necessary funds to bring the Jackie Robinson 50th Anniversary 17 Baseball Exhibit to the City of San Bernardino at no charge to the citizens of the City of San 18 Bernardino or to the viewing public; 19 WHEREAS, the exhibit is scheduled to be displayed at the San Bernardino Baseball 20 Stadium from Saturday, July 19, 1997 through Friday, August 1, 1997; 21 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 22 OF SAN BERNARDINO AS FOLLOWS: 23 SECTION I. The Mayor of the City of San Bernardino is hereby authorized to execute, 24 on behalf of the City of San Bernardino, the proposed Agreement with the Simon Wiesenthal Center 25 for the temporary loan and display of the Jackie Robinson 50th Anniversary Baseball Exhibit entitled 26 "Stealing Home: How Jackie Robinson Changed America." The proposed Agreement is attached 27 hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at length. 28 III 1 97-213 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND THE SIMON WIESENTHAL CENTER RELATING TO THE JACKIE ROBINSON 50TH ANNIVERSARY BASEBALL EXHIBIT ENTITLED "STEALING HOME: 3 HOW JACKIE ROBINSON CHANGED AMERICA" TO BE TEMPORARILY DISPLAYED AT THE SAN BERNARDINO BASEBALL STADIUM. 4 5 SECTION 2. The authorization to execute the above-referenced Agreement is 6 rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 7 Resolution. t 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 9 Common Council of the City of San Bernardino at a regula'fueeting thereof, held on the 7tbday of 10 July , 1997, by the following vote, to wit: 20 21 22 23 24 [A<<-Ju.-L ~/l~1G RA<SHEL CLARK, City Clerk The foregoing Resolution is hereby approved this/c# day of July , 1997. 25 Approved as to form and legal content: ~1i-rt:u~t{/l TOM MINO ,Mayor - City of San Bernardino 26 JAMES F. PENMAN, 27 City 'Attorney ') 28 By:j/V>oR> i, (<::"">'''-0. 2 .;. o' ~ 'j. r'l:'N'l."'''" kllbhi MuvinUicr hIU1fJn'IIIJIIIIJII ROAR!) (IF TRlIsTFhli ,~i\mlld RI!I~h~I'R: (:/'llirl#/iJll NtlUlIl Ptlu. C/-C/llm1llQ/C AI.11l (u,lrll t;o-f,;bct;rllUllt Ihhhi hhrilhiUIl CO"r~'r Auur./of'(' 'l~,fll Ihhhi MtYtf H. MilY ~:~I'c:/<Ilil'l'l>Irti"'(lr ~U.;lIl "unlt'Tl /Jjrt(/lIf,I\dmilfiJtl',rti"'f IIlId ~inll"ee Mllr!(IH'J:, Hicr Ilmc'tflt,Mtnll1crs/Jil' I>rl'r.lll/lml"l' ^~tIl Shil\'liru /)ittt'lm, !'whlk 1I.t'/tlliclfh M.il:huc.lTrAllk /)jrulur,Mrdili Prn;tdf .In11 i~'(' l'rdJCf lli'l'dIJt,Offtrlfl/'/HtNI WellunKt'/CjulI IlIGIONAI. OFt'tCES Ithmlfl., hnld 1.:a$'l'rHf)iI'Mo~ Rllhrrt L Nllv,k N";u1Ilif "im:lur, n(,lldllpml~'lt ~f)utbm(Dittlllll Sui Lilllllill1 I:alkltl'llll j(rp"'lrlllulil'f: I'arj~ !\h,mnnS;IOlUds- lii,rvfllwlI ni'fd(lr jmulllt'ffl FfrililnZlllllff hf/ld I)jrr.e'tll' I1l1hW~ Air~I 4. Sllt~ill WhJd~'r lo4ltill Amerilllll Rr'lru~llt"'ttv~ N ~ w Y (l r II , JlIly 2, Ill97 Ms. Linda Jenkins ('i ly of San Bernardino Via Telccopier to (909) 384-5067 Rc: JACKIE ROBINSON EXHIBIT Dear Ms. Jenkins: The Si l110n Wiesenthlll Center ("Center") hereby grants the City of San Bernardino ("City") a revocable license to display the exhibit "Stealing Home: How Jackie Rohinson Changed America" ("Exhibit") in the City of San Bernardino at San Bernardino Baseball Stadium, 280 South "E" Street, San Bernardino, CA 92401 from the period July 19, 1997 through August I, 1997 in accordance with the following conditions: I. DONATION Cityor its designee will make a cash donation in the amount ofTt:n Thousand Dollars ($10,000) to the Center prior to the Cenler being obligated to ship and deliver the I::xhibit. 2. TRANSPORTATION The Center will deliver the Exhibit to the designated location not later than July 18, t l)ll7 at the Center's expense. J. SET-UP AND TEAR-DOWN . I 'hc CClltcr will be responsible for the set-up, tear-down and re-packaging of the Exhibit. City shall provide two (2) assistants, at the City's expense. to help ael-up, tcar-down and repackage the Exhibit on August 2, t997. INSURANCE & INDRMNIFICATJON TIIC City is scll~insured. Tht: City shall indemnify and hold the Center and its exhibit harmless 1(11' any losses, damages, liabilities, obligations, judgments, costs lUld expenses including, but nOllimited to, reasonabltl attorney's fees and expenses that arise due to damage or injury to persons 01' prop\:rly in connection with the display of thc Exhibit and the use of !he license granted hereunder, t:xciuding such actions, JRSIJ lnccrniUiollil Ht'lJqUil'lrtt:r~ 97fiO \'(Il'~;t Pin) ~IJulcvud, LO$ Angclu, C,lilolnJil 90035.4792 . HO.,tH.Y036 fa:r HO.277..H.HI M i ~ f'l i 'J'nrn'ltl) J t r II ~ nIt III P,rj6 bile n n ~ ^ i t ( 6 EXHIBIT "A" 97-213 t :t ~ W". '1~, '1., -I I '" r,'UN"l'\:'\"- Ms, Lindll Jenkins July 2. 1997 Pal:\c Two ofThrce claims. dcmands, lawsuits and liability for damages to persons or property urising from the negligence or willful misconduct of the Centcr, its officers, employees or agents. This indllmnilieation obligation shall survive the termination on this revocalllc license granted hereunder for any claims thc basis for which arose prior to slLid termination. 5. SECURITY ('ity shall provide. at its costs, all necessary security to protect the Exhibit during the limc it is in the City's possession, 24 hours a day. 7 days a week. (,. PROMOTION OF MUSEUM CiLy granLs permission to the Center, without cost. to prominently display Museum hrochurcs in the English and Spanish languages at the Exhibit. 7. RIGHTS 'I 'he Cenler warrants that it has the right tolicensc the lISC of the Exhibit und/or e,ach of the clcments displayed within the Exhihit. Th~ City docs not have the right to display or IIse lIny individual element for use in any other form (Le., advertising, reprints, posters, etc.), without the prior wntteIlllpproval of the Center or the Jackie Rollinson Foundation. II should be noted that thc likeness of Jackie Robinson is the sole property of Mrs. Rachel Robinson and the Jackie Robinslln Foondation and may 111\1 he used llf replicated without their prior writlcn consent. It CREDITS Thc City 01' it.~ rlesigncc shall credit the Center on all Exhibit materials, advertising and promotion and/or any literature or news L"Vents. The credit shall rcad: "A MUS':UIII of Tolerance Exhibit" or "An Exhibit Provided by the Museum of Tolerance. produccd hy the Simon Wicscnthal O'::l1t':l", Lv~ Angeles" or "An Exhibit I'rndll",,~d by the Simon Wie~enthal Center in Cooperation with the Los Angeles [)odgel'~ Organization and the National Ba~ehall Library and Archives, Cooperslown; with ~rccial thanks to the Jackie Robinson Foundation". No ch,mge in the credit elln he made withoulthe prim written approval of all of thc foregoing parties. .IRS'\ 2 EXHIBIT "A" 97-213 W'1i '.I~. '.t. -i r ,~ ('.'I\'NT\:\1.. Ms, I ,inda Jenkins July 2.1997 Page TllI'l;c of Thrcc 1 r thc Il)t"cgoing meets with your approval, please sign whcrc indicated below and deliver the donation and duplicate originals of any insurance policies issued. Very truly yours, SIMON WllSENTHAL CENTER, INC. Daled: 1'IIJ~q 7 JRSR Consented, Accepted and Agreed to jor the City of San Bernardino ~~ By: /'1?J11. Tom Minor, Mayor Attest: ~ ~t.)U-L CLvJc Rach Clark, City Cierk . Approved as to Fonn and Legal Content: James ~. Penman, City Allorney B?t= 7 l-_ vI 3 EXHIBIT "A"