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HomeMy WebLinkAbout2009-046 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. 2009-46 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY FOR FINANCIAL ASSISTANCE FROM THE 2008/2009 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS PROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Symphony for financial assistance from the civic and promotion fund for FY 2008/09, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption ofthis resolution. !II II! !II !II 1/1 1/1 II/ 1/1 1/1 11/ 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 2009-46 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY FOR FINANCIAL ASSISTANCE FROM THE 2008/2009 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS PROGRAM. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the joint Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2nd day of March , 2009, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x VACANT KELLEY x JOHNSON x MCCAMMACK x ~J..Jl h. ~ C;~~._- The foregoing resalution is hereby appraved this ~ ._ day of---1!arch 2009. ~ a . ck J. Morris, yor I y of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 2 2009-46 EXHIBIT "A" 1 2 3 4 5 AGREEMENT Civic and Promotional- San Bernardino Symphony This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and THE SAN BERNARDINO SYMPHONY, a non-profit organization, referred to as "Organization". This Agreement is dated as of this 2nd- 6 day of March ,2009. 7 8 9 10 11 12 Fimding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit 13 "A". The terms of the request are incorporated herein by reference and shall govern the uses of 14 the funds provided herein. The financial assistance provided for in this agreement is made on a 15 16 17 18 19 conduct of events related to the Music in the Schools program. 20 21 22 23 24 25 26 27 28 The parties agree to as follows: 1. Recitals. A. Organization has requested financial assistance from City in order to assist with expenses connected with the Music in the Schools program, as outlined in their Request for one-timy 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 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to Organization from the civic and promotion fund budget for the 2008-09 fiscal year, the total sum of $3,750. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in I 2009-46 Paragraph 1 above. No deviation from these provisions shall be made without the express approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by Organization. 4. Accountability. 2 2009-46 6. Insurance. 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In the 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 the 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. 8. Authorization to Execute. 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 3 2009-46 1 2 9. Notices. All notices herein required shall be in writing and delivered in person or 3 Sent by certified mail, postage prepaid, addressed as follows: 4 5 6 7 As to City: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Manager's Office As to Organization: San Bernardino Symphony 415 W. Second Street San Bernardino, CA 92401 Attn: Carlotta Mellon 8 9 10 11 12 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 13 14 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 15 of conflict between the terms, conditions or provisions of this agreement, and any such document 16 or instrument, the terms and conditions of this agreement shall prevail. 17 III 18 III 19 III 20 III 21 22 11/ 23 III 24 III 25 III 26 III 27 28 4 2009-46 1 2 AGREEMENT Civic and Promotional - San Bernardino Symphony In witness thereof, the parties hereto have executed this agreement on the day and date 3 4 first above shown. 5 6 7 8 9 ERNARDINO Date: 3/3/09 . SAN BERNARDINO SYMPHONY 10 /iJ 11 By: l .~ ~~- - Carlotta Mellon, ~tlve Director 12 13 Date: 3/ c./ 10 r ATTEST: 14 15 BY:~ City lerk 16 17 18 19 20 1:; C1~. Date: ~~.l tlo J Approved as to form: James F. Penman 21 City Attorney 22 23 24 25 26 27 28 Date: f~ 2J;2,d~7 5 2009-46 Exhibit A A REQUEST FOR FUNDING FROM THE CITY OF SAN BERNARDINO FOR THE SAN BERNARDINO SYMPHONY'S MUSIC IN THE SCHOOLS PROGRAM The mission of the San Bernardino Symphony is to foster a love of music, excite the spirit, and enrich our diverse community and region through live orchestral performances and music education. We seek to engage our diverse communities and make music accessible, affordable and enticing. The San Bernardino Symphony's "Music in the Schools" program is a key way in which the Symphony reaches out to youth in its ethnically and economically diverse community. Each year Symphony Guild docents visit third grade classrooms in the San Bernardino City School District. The docents bring instruments to 5,000 students in 252 classrooms at 80 schools and show the children what they look and sound like. The students delight in playing the instruments. As a result of this exposure to orchestra music, many children decide to participate in school orchestras or bands. Many go on to take band or orchestra. And some ultimately become musicians and/or teach music. The current Music in the Schools program, which is limited to third graders, is a brief introduction to symphonic music. The students learn something about the instruments, but do not experience live symphonic music or interact with orchestra members. To provide a richer and broader musical experience, the San Bernardino Symphony proposes to send small ensembles of its musicians into fourth, five, and sixth grade classrooms. This would allow students to hear live symphonic music and obtain a better understanding of what an orchestra is and of particular compositions. It also would expose them to this music over time, not just once, developing a greater interest in and appreciation of the music. This program will target children in schools with a predominantly low and moderate income population. The cost of the program is $7,500. The San Bernardino Symphony is requesting $3,750 from the City of San Bernardino for this very successful and important educational program. The remaining $3,750 would be provided by the County of San Bernardino. This partnership by the City and County of San Bernardino could be a model for funding of the arts in the region.