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HomeMy WebLinkAbout11- City Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIAAC�A L From: Chas A. Kelley, Subject: RESOLUTION OF THE MAYOR 5th Ward Council Member AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE Dept: City Council Office SAN BERNARDINO SYMPHONY FOR FINANCIAL ASSISTANCE FROM THE Date: July 26, 2010 2010/2011 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS PROGRAM. Council Meeting Date: August 2, 2010 Synopsis of Previous Council Action: February 4, 2009 —Ways and Means Committee recommended for approval. March 2, 2009 —Approved by Mayor and Common Council. Recommended motion: Adopt Resolution. Signature Contact person: Chas A. Kelley, 5th Ward Council Member Phone: 5278 Supporting data attached: Staff Report, Agreement, Reso Ward: All FUNDING REQUIREMENTS: Amount: $2,200 Source: 001-090-5186-0000-0052 (Civic and Promotional Funds) Finance: Council Notes: ,9& / Agenda Item No 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 SYMPHONY FOR FINANCIAL ASSISTANCE FROM THE 2010/2011 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS 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 docents 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 music to young children in hopes that they will be encouraged to participate in the school's orchestra or band. i Last year with grants from the County of San Bernardino and the City of San Bernardino, the San Bernardino Symphony was able to expand the program to include fourth grade classrooms. The program was offered to 1400 children at the following San Bernardino City Unified School District elementary schools: Burbank, Monterey, Mt. Vernon, Muscoy, Newmark, Palm Avenue, Parkside, Rodriguez, Roger Anton, Salinas and Vermont. For this year, the Symphony would like to add 3 additional schools. The cost for adding the 3 schools would be $ 2,200.00. The total project cost would be $ 9,700.00. For FY 2010-2011 the County of San Bernardino has allocated $ 7,500.00. The requested funding amount from the City of San Bernardino is $ 2,200.00. Financial Impact: Direct funding in the amount of$ 2,200 from the Civic and Promotional Fund. Civic and Promotional Account Balance Account No: 00 1-090-5186-0000-0052 Account Budgeted Amount: $153,500 Current Account Balance: $93,166 Requested Amount: $2,200 Balance after approval: $90,966 Recommendation: Adopt Resolution I COPY 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH 4 THE SAN BERNARDINO SYMPHONY FOR FINANCIAL ASSISTANCE FROM THE 5 2010/2011 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS PROGRAM. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 9 and directed to execute on behalf of said City an Agreement with the San Bernardino 10 Symphony for financial assistance from the civic and promotion fund for FY 2010/11, a copy II of which is attached hereto, marked Exhibit "A° and incorporated herein by reference as fully 12 13 as though set forth at length. 14 SECTION 2. The authorization to execute the above referenced agreement is 15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption 16 of this resolution. 17 18 19 20 21 22 23 24 25 26 28 /// � ( ri / 2 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY FOR FINANCIAL ASSISTANCE FROM THE 4 2010/2011 CIVIC AND PROMOTION FUND FOR THE MUSIC IN THE SCHOOLS PROGRAM. 5 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 7 8 thereof, held on the day of 2010,by the following vote to-wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 14 SHORETT — 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 City Clerk 20 21 The foregoing resolution is hereby approved this day of 2010. 22 23 24 Patrick J. Moms, Mayor City of San Bernardino 25 Approved as to form: 26 © JAMES F. PENMAN, 27 City Attorney 211 By Exhibit A 1 2 AGREEMENT Civic and Promotional-San Bernardino Symphony 3 This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a 4 5 municipal corporation, referred to as "City" and THE SAN BERNARDINO SYMPHONY, a 6 non-profit organization, referred to as "Organization". This Agreement is dated as of this 7 day of 2010. 8 The parties agree to as follows: 9 1. Recitals. 10 A. Organization has requested financial assistance from City in order to assist 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 14 B". The terms of the request are incorporated herein by reference and shall govern the uses of 15 he funds provided herein. The financial assistance provided for in this agreement is made on a 16 ne-time basis, and receipt of said funds shall not imply a continuing obligation of the City 17 beyond the terms of this agreement. 18 B. The expenditure is for a valid municipal public purpose, to wit: For the 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 Drganization from the civic and promotion fund budget for the 2010-11 fiscal year, the total sum 24 if $2,200. 25 3. Use of Funds. 26 27 The funds paid to Organization shall be used solely for the purposes set forth in 21 i 1 2 Paragraph I above. No deviation from these provisions shall be made without the express 3 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 4 Organization. 5 4. Accountability. 6 Financial records shall be maintained in accordance with generally accepted 7 accounting principles by Organization in such manner as to permit City to easily trace the 8 9 expenditure of the funds. All books and records of Organization are to be kept open for 10 inspection at any time during the business day by the City or its officers o 11 submit the financial records in accordance with this section will result in the Organization 12 reimbursing the City in the full amount received by Organization. At the conclusion of the 13 program, Organization shall present the City Manager or his designee a written accounting of all 14 expenditures and revenues connected with said event. Organization will further supply 1 City with 15 16 any and all receipts relating to accounting of expenditures if so requested by City. If 17 Organization does not submit an accounting of expenditures and revenues which City deems 18 appropriate, such failure will result in the Organization reimbursing the City in the full amount 19 received by Organization. 20 5. Hold Harmless. 21 Organization covenants and agrees to defend, (if requested by City), indemnify, 22 23 and hold harmless the City, its departments, agencies, boards, commissions, elected officials, 24 officers, attorneys, employees and agents from all liabilities and charges, expenses (including 25 counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use 26 or receipt of the funds paid hereunder and all operations under this Agreement. Payments 27 hereunder are made with the understanding that the City is not involved in the performance of 28 2 1 2 services or other activities of Organization. The costs, salary and expenses of the City Attomey 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. Insurance. 6 While not restricting or limiting the foregoing, during the term of this 7 agreement, Organization shall maintain in effect policies of comprehensive public, general and 8 9 automobile liability insurance, in the amount of $1,000,000, per occurrence combined single 10 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 11 insured. Said coverage shall require ten (10) day written notice to the City if insurance is 12 terminated or materially altered. Evidence of required insurance shall be provided to the City 13 Manager's Office prior to the date of the event. 14 7. Termination. 15 15 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 by City shall be returned to City. In addition, Organization shall reimburse to City any funds 21 expended which were used for any purpose other than those authorized under this agreement. 22 23 8. Authorization to Execute. 24 Organization hereby covenants that it has taken all actions necessary to 25 nake the adherence to the obligations imposed by this agreement a binding obligation of the 26 rganization. 27 28 3 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 6 300 North"D" Street San Bernardino, CA 92418 7 Attn: City Manager's Office 8 As to Organization: San Bernardino Symphony 415 W. Second Street 9 San Bernardino, CA 92401 10 Attn: Carlotta Mellon 11 10. Entire Agreement. 12 This agreement and any documents or instruments attached hereto or 13 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, an 14 15 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 16 of conflict between the terms, conditions or provisions of this agreement, and any such document 17 or instrument, the terms and conditions of this agreement shall prevail. 18 19 /! 20 /! 21 22 23 24 // 25 26 27 !/ 28 4 1 2 AGREEMENT Civic and Promotional- San Bernardino Symphony 3 In witness thereof, the parties hereto have executed this agreement on the day and date 4 5 first above shown. 6 7 CITY OF SAN BERNARDINO 8 By: Date: 9 Charles E. McNeely, City Manager 10 SAN BERNARDINO SYMPHONY 11 By: Date: 12 Mary Shnepp, President 13 14 ATTEST: 15 By: Date: 16 Rachel G. Clark, City Clerk 17 18 19 Approved as to form: 20 21 James F. Penman 22 City Attorney 23 D 24 y ate: 25 26 27 28 5 1 2 AGREEMENT Civic and Promotional—San Bernardino Symphony 3 This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a 4 5 municipal corporation, referred to as "City" and T14E SAN BERNARDINO SYMPHONY, a 6 non-profit organization, referred to as "Organization". This Agreement is dated as of this 7 day of 12010. 8 The parties agree to as follows: 9 1. Recitals. 10 A. Organization has requested financial assistance from City in order to assist I1 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 14 "B". The terms of the request are incorporated herein by reference and shall govern the uses of 15 he funds provided herein. The financial assistance provided for in this agreement is made on a 16 one-time basis, and receipt of said funds shall not imply a continuing obligation of the City 17 beyond the terms of this agreement. 18 B. The expenditure is for a valid municipal public purpose, to wit: For the 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 rganization from the civic and promotion fund budget for the 2010-11 fiscal year, the total sum 24 f $2,200. 25 3. Use of Funds. 26 27 The funds paid to Organization shall be used solely for the purposes set forth in 28 1 2 Paragraph 1 above. No deviation from these provisions shall be made without the express 3 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 4 Organization. 5 4. Accountability. 6 Financial records shall be maintained in accordance with generally accepted 7 accounting principles by Organization in such manner as to permit City to easily trace the 8 9 expenditure of the funds. All books and records of Organization are to be kept open for 10 inspection at any time during the business day by the City or its officers or agents. Failure to 11 submit the financial records in accordance with this section will result in the Organization 12 reimbursing the City in the full amount received by Organization. At the conclusion of the 13 program, Organization shall present the City Manager or his designee a written accounting of all 14 expenditures and revenues connected with said event. Organization will further supply City with 15 15 any and all receipts relating to accounting of expenditures if so requested by City. If 17 Organization does not submit an accounting of expenditures and revenues which City deems 18 appropriate, such failure will result in the Organization reimbursing the City in the full amount 19 received by Organization. 20 5 Hold Harmless. 21 Organization covenants and agrees to defend, (if requested by City), indemnify, 22 23 and hold harmless the City, its departments, agencies, boards, commissions, elected officials, 24 officers, attorneys, employees and agents from all liabilities and charges, expenses (including 25 counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use 26 or receipt of the funds paid hereunder and all operations under this Agreement. Payments 27 hereunder are made with the understanding that the City is not involved in the performance of 28 2 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. Insurance. 6 While not restricting or limiting the foregoing during the term of this 7 agreement, Organization shall maintain in effect policies of comprehensive public, general and 8 9 automobile liability insurance, in the amount of $1,000,000, per occurrence combined single 10 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 11 insured. Said coverage shall require ten (10) day written notice to the City if insurance is 12 terminated or materially altered. Evidence of required insurance shall be provided to the City 13 Manager's Office prior to the date of the event. 14 7. Termination. 15 15 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 by City shall be returned to City. In addition, Organization shall reimburse to City any funds 21 expended which were used for any purpose other than those authorized under this agreement. 22 23 8. Authorization to Execute. 24 Organization hereby covenants that it has taken all actions necessary to 25 nake the adherence to the obligations imposed by this agreement a binding obligation of the 26 rganization. 27 28 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 6 300 North"D" Street San Bernardino, CA 92418 7 Attn: City Manager's Office 8 As to Organization: San Bernardino Symphony 415 W. Second Street 9 San Bernardino, CA 92401 10 Attn: Carlotta Mellon 11 10. Entire Agreement. 12 This agreement and any documents or instruments attached hereto or 13 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, an 14 5 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 1 15 of conflict between the terms, conditions or provisions of this agreement, and any such document 17 or instrument,the terms and conditions of this agreement shall prevail. 18 19 20 21 22 23 // 24 // 25 // 26 27 28 f 2 AGREEMENT Civic and Promotional- San Bernardino Symphony 3 In witness thereof, the parties hereto have executed this agreement on the day and date 4 5 first above shown. 6 7 CITY OF SAN BERNARDINO g Date: By: 9 Charles E. McNeely, City Manager 10 SAN BERNARDINO SYMPHONY 11 f2 By. Date: Mary Shnepp, President 13 14 ATTEST: 15 16 By. Date: Rachel G. Clark, City Clerk 17 18 19 Approved as to form: 20 21 James F. Penman 22 City Attorney 23 Date: 24 By 25 26 27 28 Exhibit B 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 program 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 Exhibit B II 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. �, - A - ' .� ,� ;- g �� / � — s. `;' . -, .�. �4� �� .Q� �, �, .�� a _ �esi, - f' ��, ,� 1r ... �� . . , ; ; :� __ � . � .. ,�. �,.:�,— �� i a;�,. , , 1 � v �, ( � —: i ._ � � _ •51.Q. ►/ :s �� 's i ': � i� � I � � �'_; ''�"� \ �e. .� , 2010-261 O �. c/� 0 Ei �/J � v E: � c - � ca c � � a' � cu p }' ZS O Q U m i V U) � � � si � � � c) U N �. 0 � a> � Zf ,. RS R � T5 � cn2010-261 co c W L 4-0 o E •X � Co Qft .� •p C r� �_ •- t m O O 0 U") C Q 0- to ,X'+' { �St•"'Z {>f''��� raj+� r y�: a •, t W2010-261 �-. O cc O cc -C3 V! 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