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CITY OF SAN BERNARDINO - REQUEST FOR COUNCILa(M~ N A L
Dept: City Manager's Office
Date: February 9th, 2009
Subject: 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.
From: Mark Weinberg, Interim City
Manager
Council Meeting Date: March 2, 2009
Synopsis of Previous Council Action:
February 4, 2009 - Ways and Means Committee recommended for approval.
Recommended motion:
Adopt Resolution.
~~
Signature
Contact person: Catherine Pritchett, Management Analyst I Phone: 5122
Supporting data attached: Staff Report, Agreement Ward: All
FUNDING REQUIREMENTS:
Amount: $3,750
Source: 001-091-5186 (Civic and Promotion funds)
Finance:
Council Notes:
Peso 200Q- 'IG:>
Agenda Item No.
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STAFF REPORT
Subiect:
Request for Civic and Promotional funding to support the San Bernardino Symphony's Music in
the Schools program.
Backeround:
At the Ways and Means Committee meeting on February 4th, Councilman Kelly requested that
the committee discuss and take possible action to support funding assistance for the San
Bernardino Symphony's Music in the School program.
The San Bernardino Symphony's Music in the Schools program was established as a way for the
Symphony to reach out to city youth. Each year San Bernardino Symphony Guild members visit
third grade classrooms throughout the San Bernardino City Unified School District, making
contact with 5,000 students in 250 classrooms at 80 schools. At each of the schools symphony
educators bring various instruments to demonstrate to students how each instrument looks and
sounds. The goal of the Music in the Schools program is to expose orchestra and music to young
children in hopes that they will be encouraged to participate in the school's orchestra or band.
The current Music in the Schools program is an introduction to symphonic music; however,
students are not able to experience live symphonic music or interact with orchestra members. To
provide an enhanced musical experience, the San Bernardino Symphony is looking to expand
their current program and send small ensembles of musicians into fourth, fifth, and sixth grade
classrooms. This would allow students to hear live symphonic music, obtain a better
understanding of what an orchestra is and gain a familiarity to particular compositions. By
expanding the program, students will have the opportunity to develop a greater interest in and
appreciation of the music over time, not just once.
The cost of the program is $7,500 and will target schools in predominantly low and moderate
income areas throughout the city. The County of San Bernardino has agreed to fund half of the
cost of the program; the Symphony is requesting that the City of San Bernardino provide funds
for the remaining $3,750.
Financial impact:
Direct funding in the amount of $3,600 from the Civic and Promotion Fund. There is no impact
to the General Fund.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
(C(Q)[P)f
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
200812009 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
of this resolution.
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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
6 Mayor and Common Council of the City of San Bernardino at a
meeting
thereof. held on the
day of
.2009, by the following vote to-wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
2
Exhibit A
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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 _
6 day of
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10
,2009.
The parties agree to as follows:
1. Recitals.
A. Organization has requested financial assistance from City in order to assist
11
with expenses connected with the Music in the Schools program, as outlined in their Request for
12 Funding 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
one-time basis, and receipt of said funds shall not imply a continuing obligation of the City
16
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19 conduct of events related to the Music in the Schools program.
20
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22
Organization from the civic and promotion fund budget for the 2008-09 fiscal year, the total sum
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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
of $3,750.
3.
Use of Funds.
The funds paid to Organization shall be used solely for the purposes set forth in
1
Paragraph I 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.
Accountability.
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
expenditure 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 in the full amount received by Organization. At the conclusion of the
program, Organization shall present the City Manager or his designee a written accounting of all
4.
2
services or other activities of 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 "counsel fees" for the purposes of this paragraph.
6.
Insurance.
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9.
Notices.
All notices herein required shall be in writing and delivered in person or
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7 As to Organization:
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9
Sent by certified mail, postage prepaid, addressed as follows:
As to City:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Manager's Office
San Bernardino Symphony
415 W. Second Street
San Bernardino, CA 92401
Attn: Carlotta Mellon
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12
]0.
Entire Agreement.
This agreement and any documents or instruments attached hereto or
15 of conflict between the terms, conditions or provisions of this agreement, and any such document
16 or instrument, the tenus and conditions of this agreement shall prevail.
17 III
18 III
1
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AGREEMENT
Civic and Promotional - San Bernardino Symphony
3
4 first above shown.
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In witness thereof. the parties hereto have executed this agreement on the day and date
6 CITY OF SAN BERNARDINO
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By:
Mark Weinberg. Interim City Manager
Date:
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11 By:
SAN BERNARDINO SYMPHONY
Date:
Carlotta Mellon, Executive Director
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ATTEST:
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15 By: Date:
City Clerk
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18 Approved as to form:
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James F. Penman
21 City Attorney
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23 By: Date:
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5
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.
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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 _
.2009.
day of
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
Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit
"A"'. The terms of the request 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 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
conduct of events related to the Music in the Schools program.
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
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.
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14 expenditures and revenues connected with said event. Organization will further supply City with
15 any and all receipts relating to accounting of expenditures if so requested by City. If
16 Organization does not submit an accounting of expenditures and revenues which City deems
17 appropriate, such failure will result in the Organization reimbursing the City in the full amount
18 received by Organization.
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5. Hold Harmless.
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Organization covenants and agrees to defend, (if requested by City), indemnify,
21
22 and hold harmless the City, its departments, agencies, boards, commissions, elected officials,
23 officers, attorneys, employees and agents from all liabilities and charges, expenses (including
24 counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use
25 or receipt of the funds paid hereunder and all operations under this Agreement. Payments
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hereunder are made with the understanding that the City is not involved in the performance of
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Accountability.
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
expenditure 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 in the full amount received by Organization. At the conclusion of the
program, Organization shall present the City Manager or his designee a written accounting of all
4.
2
services or other activities of 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 "counsel fees" for the purposes of this paragraph.
6.
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
Termination.
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
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9.
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:
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
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
supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
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15 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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17 III
18 III
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III
III
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22 III
23 III
24 III
25 III
26 III
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2
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AGREEMENT
Civic and Promotional - San Bernardino Symphony
In witness thereof. the parties hereto have executed this agreement on the day and date
4 first above shO\\1l.
5
6 CITY OF SAN BERNARDINO
7 By:
8 Mark Weinberg, Interim City Manager
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By:
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ATTEST:
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15 By:
City Clerk
Date:
SAN BERNARDINO SYMPHONY
Date:
Carlotta Mellon, Executive Director
Date:
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18 Approved as to form:
19
20
James F. Penman
21 City Attorney
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/"
Date: :; ~
,~
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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 Z5Z 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 ofthe music.
This program will target children in schools with a predominantly low and moderate income
population. The cost of the program is $7,SOO. The San Bernardino Symphony is requesting
$3,7S0 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.