HomeMy WebLinkAbout14-Mayor's Office
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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
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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.
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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
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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
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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.
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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
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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:
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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.
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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
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Exhibit "A"
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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.
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.
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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.
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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.
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Exhibit "A"
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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.
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:
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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.
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(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.
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Exhibit "A"
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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.
(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:
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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
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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.
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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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Exhibit "A"
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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.
DATED:
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CITY OF SAN BERNARDINO
8 Judith Valles, Mayor
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10 ATTEST: ,
11 Rachel G. Clark, City Clerk
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16 Approved as to .form
and legal content:
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ORGANIZATION
James F. Penman
18 City Attorney
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20 BY;!' NWA ~.!~
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Exhibit "A"
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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.
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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
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City Clerk
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dllY of
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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
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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:
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1. Recitals. \\
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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.
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B. The expenditure is for ~lid municipal public
purpose, to wit: for the promotion 9f art appreciation in
San Bernardino.
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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.
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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
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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.
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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. \
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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.
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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:
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(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.
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(b)
less than
person on
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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.
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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.
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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:
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Mark Edwards, president
Inland Empire Symphony
Association
362 West Court Street
San Bernardino, CA. 92401
Mayor's Office
City of San Bernardino
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14 300 North "D" Street
15 San Bernardino, CA. 92418
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11. Entire Aareement. \\This Agreement and any
other documents of instrumentg, attached hereto or
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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. \
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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:
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2 AND
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND
EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF THE ARTS
CULTURE \
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CITY OF SAN BERNARDINO
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9 ATTEST:
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10 Rachel G. Clark, C+ty Clerk
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Judith Valles, Mayor
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ORGANIZATION
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15 Approved as to form
and legal content:
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James F. Penman
17 City Attorney
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By:
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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~
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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