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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: D'Ann Lanning Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
Dept: Mayor's Office OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF
Date: April 2, 2008 AN AGREEMENT WITH THE SAN
BERNARDINO HISTORICAL AND
PIONEER SOCIETY FOR FUNDING
ASSISTANCE RELATED TO THE
ESTABLISHMENT OF THE SAN
BERNARDINO RAILROAD MUSEUM.
M/CC Meeting Date: April 21, 2008
Synopsis of Previous Council Action:
4/9/2008 — Recommended for approval by the Ways and Means Committee
Recommended Motion:
Adopt resolution and authorize the Director of Finance to amend the FY-07-08 budget as
indicated in the staff report.
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Signature
Contact person: D'Ann K I annina Phone: 3147
Supporting data attached: SR, Resolution and Agreement Ward: 1
FUNDING REQUIREMENTS: Amount: $34,200 from the Cultural Development Fee Fund
Source: (Acct. No.)
Finance:
Council Notes:
Agenda Item No.
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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 Historical and Pioneer Society(SBHPS) for
funding assistance related to the establishment of the San Bernardino Railroad Museum.
Background
Earlier this year the SBHPS and the SBRHS entered into an agreement with the San Bernardino
Associated Governments to run a volunteer train host program at the Historical Santa Fe Depot.
In exchange for running this program, SANBAG has leased the SBHPS and the SBRHS
approximately 5,000 square feet worth of museum space.
The Museum will be located in the area west of the lobby in the former baggage room. The
museum will display artifacts and photos from all aspects of San Bernardino's rich history. It
will also highlight the history of the railroad that made San Bernardino a major city in the early
19th century,before most neighboring cities were even started.
The SBHPS has a long history of constructing and operating successful museums. Members of
SBHPS constructed and run the state's 3rd largest fire museum and the organization also
renovated and operates the Heritage House located at the corner of 8th and D Streets.
The SBHPS and SBRHS are both non-profit organizations and operate on a limited budget from
memberships and occasional donations. The two organizations submitted a proposal to the city
for this one time capital project to establish the museum. The $34,200 grant request includes
costs for items such as display cases, display kiosks, AV equipment, signage, archival equipment
and electrical modification of areas of the museum. The proposal was sent to the Fine Arts
Commission for their consideration and was recommended unanimously for approval.
The proposal that they submitted is attached to the proposed agreement.
Fiscal Impact:
It is recommended that this one time request for assistance in capital costs be funded using
unappropriated fund balance in the Cultural Development Fund. These funds must be used in
support of arts and cultural projects. If approved, the FY 07-08 budget will be amended to
transfer$34,200 from this fund balance to account no. 001-091-5185 (Fine Arts Funding) for this
project. Based on mid-year reports from Finance, the Cultural Development Fund will have an
estimated available balance of about $1,000,000 at 06/30/08. There are sufficient funds available
for this project. There is no impact on the City's general fund for this action.
Recommendation:
Adopt resolution and authorize the Director of Finance to amend the FY-07-08 budget as
indicated in the staff report.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
3 AGREEMENT WITH THE SAN BERNARDINO HISTORICAL AND
4 PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE
ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City an Agreement with
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San Bernardino Historical and Pioneer Society, a copy of which is attached hereto
10
11 marked Exhibit "A" and incorporated herein by reference as fully as though set forth
12 at length.
13 SECTION 2. The authorization to execute the above referenced
14 agreement is rescinded if the parties to the agreement fail to execute it within sixty
15 (60) days of the passage of this resolution.
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1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE SAN BERNARDINO HISTORICAL AND
4 PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE
ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
7 Mayor and Common Council of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2008, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
BRINKER
13
14 DERRY
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
City Clerk
20
21 The foregoing resolution is hereby approved this day of
12008.
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23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to form:
26 JAMES F. PENMAN,
City Attorney
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By: 0
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Exhibit"A"
AGREEMENT
Cultural Development Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as "City" and the SAN BERNARDINO HISTORICAL AND
PIONEER SOCIETY, a non-profit organization, referred
to as "Organization"
The parties agree as follow:
1 . Recitals .
A. Organization has requested financial
assistance from City for fiscal year 2007-08, in
order to assist in the construction and installation
of the San Bernardino Railroad Museum at the Santa Fe
Depot as set forth in Organization' s grant proposal
(hereinafter "the proposal") . A copy of said
proposal is attached. 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 construction and
installation of the San Bernardino Railroad Museum
and the historical preservation of donated and
acquired historical items, 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 2007-08 fiscal year, the
total sum of $34, 200 . 00 dollars .
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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Exhibit"A"
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING
ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN
BERNARDINO RAILROAD MUSEUM.
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 January 1, 2009, and
any unexpended funds shall be returned to City by
Organization.
4 . Accounting. Within 20 days after the
completion of construction and installation, the
Organization shall submit to the Mayor' s Office, with
a copy to the Director of Finance, an accounting of
the actual expenditures connected with said museum as
it relates to the funds which were provided 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 funds to the City.
5 . Hold Harmless . Organization covenants and
agrees to defend, indemnify, and hold harmless the
City, its 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 . Organization and
its employees and agents are independent contractors
and are not employees or agents of the City in
performing said services . Organization further
warrants that it has secured all rights and
permissions to exhibit and use any works of
intellectual property publicly or use any
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Exhibit"A"
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING
ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN
BERNARDINO RAILROAD MUSEUM.
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, including its
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.
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 . 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
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Exhibit"A"
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING
ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN
BERNARDINO RAILROAD MUSEUM.
public liability and property damage insurance,
naming the City and its elective and appointive
boards, commissions, officers, 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 :
(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 any one occurrence.
(b) Property Damage Insurance. In an amount
not less than $50, 000 for damage to the property of
each person on account of an occurrence .
(c) Workers Compensation. 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 an 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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V . Exhibit"A"
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING
ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN
BERNARDINO RAILROAD MUSEUM.
9 . Obligation. Organization hereby
covenants 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:
Mayor' s Office Steven Shaw, President
City of San Bernardino San Bernardino
Historical and Pioneer
Society
300 North "D" Street P.O. Box 875
San Bernardino, CA. 92418 San Bernardino, CA.
92402
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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Exhibit"A"
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING
ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN
BERNARDINO RAILROAD MUSEUM.
CITY OF SAN BERNARDINO
Date:
Fred Wilson, City Manager
ATTEST:
Rachel G. Clark, City Clerk
SAN BERNARDINO HISTORICAL AND
PIONEER SOCIETY
By:
Steven Shaw, President
Approved as to form:
James F. Penman
City Attorney
By:
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