Loading...
HomeMy WebLinkAbout2010-261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 2010-261 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 2010/2011 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 2010/11, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. 17 18 19 20 //1 //1 //1 21 III 22 //1 23 //1 24 1// 25 26 //1 27 28 //1 //1 2010-261 1 2 3 4 5 6 7 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 2010/2011 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS PROGRAM. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 2nd day of August, 2010, by the following vote to-wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X DESJARDINS X BRINKER X SHORETT X KELLEY ----1L JOHNSON X MCCAMMACK X ~~ tJ.~ City Clerk The foregoing resolution is hereby approved this ~ day of August 2010. ~~ P 'ck J Morris, M~ City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 2 2010-261 EXHIBIT "A" 1 2 3 4 5 municipal corporation, referred to as "City" and THE SAN BERNARDINO SYMPHONY, a AGREEMENT Civic and Promotional - San Bernardino Symphony This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a 6 non-profit organization, referred to as "Organization", This Agreement is dated as of this 2nd 7 dayof August,20l0. 8 9 10 11 12 with expenses connected with the Music in the Schools program, as outlined in their Request for 13 Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit The parties agree to as follows: 1. Recitals, A. Organization has requested financial assistance from City in order to assist 14 "B". The terms of the request are incorporated herein by reference and shall govern the uses of 15 16 ne-time basis, and receipt of said funds shall not imply a continuing obligation of the City 17 18 19 20 onduct of events related to the Music in the Schools program, 21 2. Payment. 22 Upon presentation of a claim to the City Finance Director, City shall pay to 23 24 f $2,200. 25 26 27 28 e funds provided herein. The financial assistance provided for in this agreement is made on a eyond the terms of this agreement. B. The expenditure is for a valid municipal public purpose, to wit: For the rganization from the civic and promotion fund budget for the 2010-11 fiscal year, the total sum 3. Use of Funds, The funds paid to Organization shall be used solely for the purposes set forth in 1 2010-261 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 4. Accountability. 2 2010-261 1 2 services or other activities of Organization. The costs, salary and expenses of the City Attorney 3 and members of his office in enforcing this Agreement on behalf of the City shall be considered 4 as "counsel fees" for the purposes of this paragraph. 5 6. 6 7 8 9 10 11 12 13 14 15 16 City shall have the right to terminate this agreement by mailing a ten-day written 17 notice to Organization and this agreement shall terminate ten days after the mailing of such 18 notice. In the event this agreement is terminated for reasons of improper use of funds or use of 19 funds for any purpose other than those authorized, any unexpended portion of the funds provided 20 y City shall be returned to City. In addition, Organization shall reimburse to City any funds 21 xpended which were used for any purpose other than those authorized under this agreement. 22 23 8. Authorization to Execute, 24 25 26 27 28 Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require ten (10) day written notice to the City if insurance is terminated or materially altered. Evidence of required insurance shall be provided to the City Manager's Office prior to the date of the event. 7. Termination. Organization hereby covenants that it has taken all actions necessary to ake the adherence to the obligations imposed by this agreement a binding obligation of the rganization. 3 2010-261 1 2 9. Notices. 3 All notices herein required shall be in writing and delivered in person or 4 Sent by certified mail, postage prepaid, addressed as follows: 5 As to City: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Manager's Office 6 7 8 As to Organization: 9 10 11 San Bernardino Symphony 415 W. Second Street San Bernardino, CA 92401 Attn: Carlotta Mellon 10. Entire Agreement. 12 13 14 This agreement and any documents or 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 15 16 of conflict between the terms, conditions or provisions of this agreement, and any such document 17 r instrument, the terms and conditions of this agreement shall prevail. 18 II 19 II 20 II 21 II 22 23 II 24 II 25 II 26 II 27 II 28 4 2010-261 1 2 AGREEMENT Civic and Promotional - San Bernardino Symphony 3 4 5 first above shown. 6 7 8 9 10 In witness thereof, the parties hereto have executed this agreement on the day and date Date: rl7 !2dJ 6 By: SAN BERNARDINO SYMPHONY 11" _ 12 BY~~~ ~~~t~~~J~ 13 14 Date: F /e; / d {1/ {J , " ATTEST: 15 ~ 16 By: .~.~ Rae el G. Clark, CIty Clerk Date: 17 18 19 Approved as to form: 20 21 James F. Penman 22 City Attorney 23 24 25 26 27 28 5 " ., ,.J ~ 2010-261 .;;.;. Exhibit B !J' ] 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. Last year, with grants from the County of San Bernardino and the City of San Bernardino, the San Bernardino Symphony was able to expand its Music in the Schools I3rogram to fourth grade classrooms. To provide a richer and broader musical experience, the Symphony sent a string quartet of musician into eleven (11) fourth grade classrooms during the summer and fall of 2009, Since students are introduced to symphonic music in the third grade through Symphony Guild instrument program, targeting fourth grade classes resulted in students being exposed to symphony music more than once, enabling them to develop a greater interest in and appreciation of the music. While in the classroom, the musicians explained what an orchestra is and introduced particular compositions and composers to the children. 'Thus, the students were able to hear live symphonic music, obtain a better understanding of what an orchestra is, and learn about particular compositions. According to quartet leader Ana Marie Maldonado of Fontana, "The ensemble introduced the four families of instruments that are used in an orchestra and showed pictures of all the families and then played different pieces of music so that students identify the families. We then segued into compositions that feature these four instruments, including Disney's Beauty and the Beast arranged for quartet and a great arrangement of Stars and Stripes." The program was offered to children at the following schools with a predominantly low and moderate income population: Burbank, Monterey, Mt, Vernon, Muscoy, Newmark, Palm Avenue, Parkside, Rodriguez, Roger Anton, Salinas and Vermont, The cost of the program was " $7,500, one half of which was funded by the County of San Bernardino and one half by the City of San Bernardino, 1400 students were served by this program , :1...:1 2010-261 Exhibit B , This year, we recommend adding three additional schools to the program for the summer and fall of 2010, thereby reaching an additional 300 students. The cost for adding the three schools would be $2,200, for a total project cost of $9,700.