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HomeMy WebLinkAbout24-City Manager 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. ~2-4 3~'J.--oq 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. 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. (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. II/ II/ II/ II/ II/ II/ /11 1// 1// 1// 3-;)-0'7 #dl{ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 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 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 _ 6 day of 7 8 9 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 17 18 19 conduct of events related to the Music in the Schools program. 20 21 22 Organization from the civic and promotion fund budget for the 2008-09 fiscal year, the total sum 23 24 25 26 27 28 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. 3 1 2 9. Notices. All notices herein required shall be in writing and delivered in person or 3 4 5 6 7 As to Organization: 8 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 10 11 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 2 AGREEMENT Civic and Promotional - San Bernardino Symphony 3 4 first above shown. 5 In witness thereof. the parties hereto have executed this agreement on the day and date 6 CITY OF SAN BERNARDINO 7 By: Mark Weinberg. Interim City Manager Date: 8 9 10 11 By: SAN BERNARDINO SYMPHONY Date: Carlotta Mellon, Executive Director 12 13 ATTEST: 14 15 By: Date: City Clerk 16 17 18 Approved as to form: 19 20 James F. Penman 21 City Attorney 22 23 By: Date: 24 25 26 27 28 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. 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 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 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. 19 5. Hold Harmless. 20 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 26 hereunder are made with the understanding that the City is not involved in the performance of 27 28 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 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 14 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 16 17 III 18 III 19 20 III III 21 22 III 23 III 24 III 25 III 26 III 27 28 4 1 2 3 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 9 10 By: 11 12 13 ATTEST: 14 15 By: City Clerk Date: SAN BERNARDINO SYMPHONY Date: Carlotta Mellon, Executive Director Date: 16 17 18 Approved as to form: 19 20 James F. Penman 21 City Attorney 22 23 24 25 26 27 28 /" Date: :; ~ ,~ 2 ~ ~~7 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 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.