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ORIGJNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Patrick J. Morris
Subject: Resolution authorizing
execution of an Agreement with the
San Bernardino Symphony Orchestra
for the promotion of Arts and Culture.
Dept: Mayor's Office
Date: July 20, 2006
MICC Meeting Date: August 7,2006
Synopsis of Previous Council Action:
October 17, 2005 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Nov. 15, 2004 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Oct. 6, 2003 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Nov. 4, 2002 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Sept.17, 2001 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Recommended motion:
Adopt Resolution.
-c~~
ature
Contact person: Sheree Meier
Phone: 5133
Supporting data attached: SR, Resolution and Agreement
Ward:
FUNDING REQUIREMENTS: Amount: $70,000.00
Source: (Ace!. No.) 001-092-5186
(Ace!. Description) Fine Arts funding
Finance:
Council Notes: KfSD. J-(2QbJ~D
Agenda Item No. Ie.
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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
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 2006-2007 budget
Account # 001-092-5186.
Recommendation:
Adopt Resolution.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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e 28
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION
OF ARTS AND CULTURE.
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City an
Agreement with 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 NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE 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
, 2006, by the
following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
,2006.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
Bt~t~
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as "CityH and the SAN BERNARDINO SYMPHONY
ORCHESTRA, a non-profit organization, referred to an
"Organization"
The parties agree as follow:
1. Recitals.
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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 Organization as set forth in
Organization's grant proposal (hereinafter "the
proposalH) 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 2006-07 fiscal year, the
total sum of $70,000.00 dollars, to cover the costs
per Fine Arts grant application agreement.
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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 SAN
BERNARDINO SYMPHONY ORCHESTRA 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, 2007, and
any unexpended funds shall be returned to City by
Organization.
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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.
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5. 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 SAN
BERNARDINO SYMPHONY ORCHESTRA 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.
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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 fees" 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.
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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 SAN
BERNARDINO SYMPHONY ORCHESTRA 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, o'fficers, 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:
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(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.
(cl 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 SAN
BERNARDINO SYMPHONY ORCHESTRA 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 nO" Street
San Bernardino, CA. 92418
Mary Schnepp, President
San Bernardino Symphony
Orchestra
1811 N. nO" Street
San Bernardino, CA.
92405
Mayor's Office
City of San Bernardino
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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 SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
THE ARTS AND CULTURE.
CITY OF SAN BERNARDINO
Date:
Patrick J. Morris, Mayor
ATTEST:
Rachel G. Clark, City Clerk
SAN BERNARDINO SYMPHONY ORCHESTRA
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By:
Mary Schnepp, President
Approved as to form:
James F. Penman
City Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~1 \ \)lo Item # J l{) ResolutIOn # ~Ob-18'{)
Vote: -* Ayes \ )d.,J 4 ~ "&.... Abstam ~ Absent ~
~h~g; ~ Wi~:;\mC~~c~n;g VC~~z~on Resolutions
Null/VoidAfter: \0 D days/~
Resolution # On Attachments~ Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORD W/COUNTY 0 By:
Date Sent to Mayor: ~ \ q I QCp .
Date of Mayor's Signature: '~O(p
Date ofClerk/CDC Signature: ~
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on StaffReport~
Date Memo/Letter Sent for Signature:
1" Reminder Letter Sent:
'K-IO-O&
Date Returned: /5- 6l,;l-c:t? Not Returned: 0
2'd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL
Yes
No
By_
By_
By_
By_
By_
Yes
Yes
Yes
No 4-
No A-
NO~
No 4-
Copies Distributed to:
Ammal Control 0 EDA 0 Information Services
~ City A~~D,fJ~ ~ Facilities 0 Parks & Recreation
~ty Attorney ts( frt.n OJ'mance lQ,V-V'uWU C' t,(,olice Department
Code Comphance 0 FIre Department 0 Public Services
Development Services 0 Human Resources 0 Water Department
Others: t~i'(S (~EL~A+jtt (iJ1~
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Notes:
Ready to File: _
Date:
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Mernorandurn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 10, 2006
YOUR COPY
TO:
Sheree Meier, Senior Secretary
Mayor's Office
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution 2006-280
At the Mayor and Common Council meeting of August 7, 2006, the City of San Bernardino
adopted Resolution No. 2006-280- Resolution authorizing the Mayor to execute an agreement
with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture.
Attached is one (I) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to Dodie Otterbein, Records Management Coordinator. Please keep a
fully executed copy for your records and for one executed copy to the other party.
Please be advised that the contract will be null and void if not executed within sixty (60)
days, or by October 6, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215. Thank
you.
~W\dll~~
Sandra Medina
Assistant to the City Clerk
I hereby acknowledge receipt ofthe above mentioned documents.
Signed~d;J(~_ .
> I / Please sign and return
Date: 0'/11/(/0'
I I
.
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2005 AU:; i l\
_, ,. SITY OF SAN BERNARDINO
; I, ":. C>..I Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 10, 2006
YOUR COPY
TO:
Sheree Meier, Senior Secretary
Mayor's Office
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution 2006-280
At the Mayor and Common Council meeting of August 7, 2006, the City of San Bernardino
adopted Resolution No. 2006-280- Resolution authorizing the Mayor to execute an agreement
with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture.
Attached is one (I) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to Dodie Otterbein, Records Management Coordinator. Please keep a
fully executed copy for your records and for one executed copy to the other party.
Please be advised that the contract will be null and void if not executed within sixty (60)
days, or by October 6, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215. Thank
you.
Sandra Medina
Assistant to the City Clerk
I hereby acknjledge receipt of the a~ove mentioned documents.
Signed: ~ /J}, p~
e' ~ '\ //'1 / Please sign and return
Date: -/ / dl' C/ b
.
R'~crlv:n'-C'IT'( (I F
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