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HomeMy WebLinkAbout14-Mayor's Office ", , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Ruester, Fine Arts Liaison Subject: Authorize execution of an Agreement with the Inland Empire Symphony Assn. for the promotion of arts and culture. Dept: Mayor's Office 0'" ., '. ill"...".L Date: October 25, 2002 Synopsis of previous Council Action: September 17,2001 Mayor and Common Council approved $70,000 in Fine Arts funding for the Inland Empire Symphony Association. September 5, 2000 Mayor and Common Council approved $65,500 in Fine Arts funding for the Inland Empire Symphony Association. Recommended Motion: MAYOR AND COMMON COUNCIL Adopt Resolution. ~~~ Signature Contact person: James Ruester Phone 5133 Supporting data attached: ves Ward: FUNDING REQUIREMENTS: Amount: $70.000 Source:(Acct. No,) 001-092-5186 - $70.000 (Acct. Description) CIVIC AND PROMOTIONAL Finance: Council Notes: 121--~ "st A-() ()..). 6..'\0 JI mOO Agenda item NO.-.l q . , " CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution for the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Empire Symphony Association for the promotion of arts and culture. Background: The Fine Arts Commission has recommended funding for the Inland Empire Symphony Association for a number of years. In Fiscal Year 2001/2002, funding for the Inland Empire Symphony Association was included as a budget line item in the General Fund budget. The Council approved the $70,000 allocation for the Symphony when the Fine Arts Commission funding allocations were approved on September 17, 2001. On June 25, 2002, the Mayor and Common Council approved a budget line item amount of $70,000 for the Inland Empire Symphony Association for FY 2002/2003. The Fine Arts Commission met on October 28, 2002, to begin the process of determining the Fine Arts funding allocation recommendations for FY 2002/2003. It was recommended that the Symphony's budgeted allocation be sent forward for Council approval at this time. Financial Impact: The Fine Arts Commission recommended that the $70,000 amount budgeted for the Inland Empire Symphony Association be awarded for Fiscal Year 2002/2003. Recommendation: Adopt Resolution , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~0A. .wr 0'1. ,_ ~ '--.rJ~u RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 ofthis resolution. III III III III III III III III III :#(Lf U:ulSW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 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 , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2002. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney B;J- T f,,-- , 27 28 1 2 3 4 5 6 7 AGREEMENT THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the San Bernardino Symphony Orchestra, a non- profit organization, referred to an "Organization" The parties agree as follow: 8 9 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2002-03, in order to assist in defraying the expense of certain concerts, shows, festivals, or events of activities sponsored by Organization. The financial assistance provided for this agreement is made on a one-time only basis, and receipt 12 of said funds shall not imply a continuing obligation of the City beyond the terms of this Agreement. 10 11 13 14 15 16 17 18 19 20 21 22 23 24 B. The expenditure is for valid municipal public purpose, to wit: for the promotion of art appreciation in San Bernardino. 2. Pavment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the budget for the 2002-03 fiscal year, the total sum of $70,000.00 dollars, to cover the costs associated with Paragraph 1. 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 the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30, 2003, and any unexpended funds shall be returned to City by Organization. 4. Accountinq. Within 20 days after the completion of the event, the Organization shall submit to 26 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 -1- 25 Exhibit "A" ~IScO 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. 9 5. Hold Harmless. Organization covenants and agrees to defend if requested by City, indemnify, and hold harmless the City, its departments, agencies boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilioies, charges and expenses '( lncluding couns~l, fees), suits or losses however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all 14 operations under this agreement. Payments hereunder are made with the understanding that the City is not involved 15 in the performance of services or other activities of Organization. Organization and its employees and agents 16 are independent contractors and are not employees or agents of the City in performing said services. The 17 costs, salary and expenses of the City~ttorney and members of his office in enforcing this agreement on 18 behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 10 11 12 13 19 20 21 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. -2- Exhibit "A" 26 27 28 1 2 3 4 5 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE ARTS AND CULTURE. 7. Assionment. 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 departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from the claims for property damage 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, 12 and the amounts of such insurance shall be as follows: 6 7 8 9 10 11 13 14 15 16 17 (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. 18 19 20 (c) 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 22 in the amount required by state law if the funds provided hereunder are to paid as salary to any employee of 23 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. 21 24 25 -3- Exhibit "A" 15 16 17 18 19 20 1 2 3 4 5 6 7 8 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE ARTS AND CULTURE. (d) The Certificate of Insurance furnished to the City shall require the insurer to notify the City by ten (10) days advance written notice of any change or termination in the policy. .9. Obliqation. 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. 9 10. Notices. All notices herein required shall be 10 in writing and delivered in person or sent by certified mail, postage prepaid addressed as follows: 11 12 As to City: As to Organization: Mayor's Office 13 City of San Bernardino Mark Edwards, President San Bernardino Symphony Orchestra 362 West Court Street San Bernardino, CA. 92401 14 300 North "D" Street San Bernardino, CA. 92418 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. 21 22 23 24 25 26 27 28 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. -4~ Exhibit "A" 1 2 3 4 5 6 7 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: . CITY OF SAN BERNARDINO 8 Judith Valles, Mayor 9 10 ATTEST: , 11 Rachel G. Clark, City Clerk 12 13 14 15 16 Approved as to .form and legal content: 17 ORGANIZATION James F. Penman 18 City Attorney 19 20 BY;!' NWA ~.!~ 21 22 23 24 25 26 27 28 -5- Exhibit "A" 1---- .-~~ -' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOL TION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN INO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INL D EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND C TURE. BE IT RESOLV BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN NO AS FOLLOWS: SECTION 1. City of San Bernardino is hereby authorized and directed to exec e on behalf of said City an Agreement with Inland Empire Symphony Association, a co of which is attached hereto marked Exhibit "A" and incorporated herein by reference as lly as though set forth at length. SECTION 2. The authorizati to execute the above referenced agreement is rescinded if the parties to the agreement fai 0 execute it within sixty (60) days of the passage ofthis resolution. III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION 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 of San Bernardino at a meeting thereof, held on the _ day of , 2002, b the following vote, to wit: Council Members: AYES ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK NAYS ABSTAIN ABSENT \ " \ '\\ , \ \ \ \ \ City Clerk , , \ , \ dllY of \, \ \ \, \, 2002. The foregoing resolution is hereby approved this Approved as to Form and legal content: JAMES F. PENMAN, City Attorney BYrt.f~ - Judith Valles, Mayor City of San Bernardino , \ \ \ \ " '\. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGR MENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the nland Empire Symphony Association, a non- profit organizat'on, referred to an "Organization" The parties ~ree as follow: \ 1. Recitals. \\ , A. organizat~on has requested financial Assistance from City for~iscal year 2002-03, in order to assist in defraying the ex~ense of certain concerts, shows, festivals, or events\,of activities sponsored by Organization. The financial ~ssistance provided for this agreement is made on a one-ti~e only basis, and receipt , of said funds shall not imply a continuing obligation of the City beyond the terms of thi~ Agreement. \, B. The expenditure is for ~lid municipal public purpose, to wit: for the promotion 9f art appreciation in San Bernardino. \ 2. Pavment. Upon presentation o~ a claim to the Mayor's Office, City shall pay to Orgartization from the budget for the 2002-03 fiscal year, the'total sum of $70,000.00 dollars, to cover the costs associated with , Paragraph 1. \, 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set fo~~h in \ Paragraph 1 and in strict compliance with the\provisions set forth in the agreement. No deviation from ~he agreement shall be made without the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30, 2003, and any unexpended funds shall be returned to City by Organization. 4. Accountinq. 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 -1- . , 1 2 3 4 5 6 7 8 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMP ONY ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTURE. by the City. 'nancial records shall be maintained in accordance wit 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 Organi ation are to be kept open for inspection at any ime during the business day by the City or its officer or agents. Failure to submit the financial records in accordance with this section will result in the Organiz tion reimbursing the City. 9 5. Hold Harmless. Organization covenants and agrees to defend if reque ted by City, indemnify, and hold harmless the City, it departments, agencies boards, commissions, elected offici Is, officers, attorneys, employees and agents from al liabilities, charges and expenses (including counsel f es), suits or losses however occurring, or damages ising or growing out of the use or receipt of the funds aid hereunder and all operations under this agreement. ayments hereunder are made with the understanding that ~e City is not involved in the performance of services or o~er activities of Organization. Organization and its e ployees and agents are independent contractors and are n t employees or agents of the City in performing said ,ervices. The costs, salary and expenses of the City Attorney and 18 members of his office in enforcing this ~reement on behalf of the City shall be considered as\"counsel fees" 19 for the purposes of this paragraph. \ 10 11 12 13 14 15 16 17 20 21 ~ 23 24 25 26 27 28 6. Termination. City shall have the ri ht to terminate this Agreement and any funding remai ing unpaid hereunder for any reason by mailing a ten-day witten notice to Organization and this agreement shall erminate ten days after the mailing of such notice. In eve t this Agreement is terminated for reasons of improper us of funds or use of funds for any purpose other than th se authorized, any unexpended portion of funds provided\by City shall be returned to City. In addition, organizition shall reimburse to City any funds expended which were used for any purpose other than those authorized under this Agreement. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SY HONY ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTUR . 7. i nment. Organization shall not assign its interest in this Agreement without the prior written approval of C'ty. 8. Insu Organization shall take out and maintain during he life of this Agreement such public liability and pr erty damage insurance, naming the City, its departments, encies, boards, commissions, elected officials, officer~, attorneys, employees and agents from the claims for prop~ty damage for personal injury, including death, as ell as from claims for property damage which may aris from Organization's or its agents' operation hereunder, w4ether such operations be by Organization or its age~t or by anyone directly or indirectly employed by e\ther Organization or its agents, and the amounts of such {~surance shall be as follows: \ (a) Public Liability'~nsurance. In an amount not less that $1,000,000 for inj~ries, including, but not limited to, death, to any per~on, and subject to the same limit for each person, in an a~ount not less than $100,000 on account of any one ~ccurrence. , \ 16 (b) less than person on 20 21 22 23 24 25 26 27 28 -3- ~ . '. 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND 2 EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF THE ARTS 3 AND CUL~RE. (d~,~he Certificate of Insurance furnished to the 4 City shall ,require the insurer to notify the City by ten (10) days a~vance written notice of any change or termination ~n the policy. 5 6 7 9. OblI0ation. Organization hereby convenants that it has ta~en all actions necessary to make the adherence to the obligations imposed by this agreement a 8 binding obligatiqn of the organization. 9 10 11 12 13 10. Notices.l, All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaf? addressed as follows: As to City: As to Organization: , , , \ , Mark Edwards, president Inland Empire Symphony Association 362 West Court Street San Bernardino, CA. 92401 Mayor's Office City of San Bernardino \ 14 300 North "D" Street 15 San Bernardino, CA. 92418 \ , \ \ 16 17 18 19 20 21 ~ 23 24 25 26 27 28 11. Entire Aareement. \\This Agreement and any other documents of instrumentg, attached hereto or \ referred to herein integrate al~ terms and conditions mentioned herein or incidental h~reto, and supersede all negotiations and prior writing in\respect to the subject matter hereof. In the event of cod+lict between the terms conditions or provisions of this Ag~eement, and any such document or instrument, the terms and conditions of this Agreement shall prevail. \ \ 12. Non Discrimination. organiz~~ion agrees that for the term of this Agreement it shall\not discriminate in employment recruitment, hiring, admis~ion practices, advertising or in an other manner on the qasis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: -4- , .. , . . .~. 1 2 AND 3 4 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF THE ARTS CULTURE \ \ \ \ \ \ \. CITY OF SAN BERNARDINO 5 6 7 8 9 ATTEST: , , 10 Rachel G. Clark, C+ty Clerk \ \ Judith Valles, Mayor 11 12 13 14 \ ORGANIZATION \ 15 Approved as to form and legal content: 16 James F. Penman 17 City Attorney \. \ \ 18 19 20 21 22 23 24 25 26 27 28 \ \ \ '. By: \ '. \ '. \ \ \ , \ -5- . . OFFICE OF THE CiTY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" November 8, 2002 Mr. Mark Edwards San Bernardino Symphony Orchestra 362 West Court Street San Bernardino, CA 92401 Dear Mr. Edwards, At the Mayor and Common Council meeting of November 4,2002, the City of San Bernardino adoptetl Resolution 2002-350 - Resolution authorizing the execution oj an agreement with the San Bernardino Symphony Orchestra Jor the promotion oj arts and culture. Enclosed is one (1) agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by January 3, 2003. If you have any questions, please do not hesitate to contact me at (909)384-5002. ~~:~~~i-t ~.0L Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED V AI~UES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: November 15, 2002 TO: James Ruester, Staff Analyst I FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-350 - San Bernardino Symphony Orchestra CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. . . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 11-4-02.. Item # Vote: Ayes i - 0 Nays ~ Change to motion to amend original documents: - /4 Resolution # cCO 2. - tfJO Abstain ,G- Absent..t:?r Reso. # On Attachments: L Contract term: - Note on Resolution of Attachment stored separately: -===- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NulVVoid After: ft,o OA-<.~ J I -~-<l~ '---1, By: - Date Sent to Mayor: --ll- 6 -0;)- Date of Mayor's Signature: t\"lc"O~ Date of ClerklCDC Signature: \ ,- () -0:;>- Reso. Log Updated: Seal Impressed: v' y Date MemolLetter Sent for Signature: tI- ~-O ~ See Attached:,/' Date Returned: /'"r3-&::; See Attached: See Attached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 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 No By Yes NoL By Yes NoL By Yes No 7"- By Yes No By Copies Distributed to: City Attorney V Parks & Rec. Code Compliance Dev. Services EDA Finance / Police Public Services Water Others: rn 11 () lZ. MIS Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOT A TIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ---1l'li- Date: Ih5-vlr Revised OllI2/01