HomeMy WebLinkAbout09- City Managers Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCkL; TlL1141�AL
From: Charles McNeely Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
Dept: City Manager SAN BERNARDINO AUTHORIZING THE
P Y 9 EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO SYMPHONY
Date: September 9, 2010 ORCHESTRA FOR THE PROMOTION OF
ARTS AND CULTURE.
M/CC Meeting Date: September 20, 2010
Synopsis of Previous Council Action:
Oct. 5, 2009 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Nov. 3, 2008 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Sept.17, 2007 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Aug. 7, 2006 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Oct.17, 2005 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Nov.15, 2004 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Oct. 6, 2003 Mayor and Common Council approved $70,000 in Fine Arts
Funding for the San Bernardino Symphony Orchestra.
Recommended motion:
Adopt Resolution. ,
/lip=
Signature
Contact person: Peggi Hazlett Phone: 5133
Supporting data attached: Resolution and Agreement Ward: 1
FUNDING REQUIREMENTS: Amount $70,000.00
Source: (Acct. No.) 001-090-5186-0000-0053
(Acct. Description) Civic and Promotional funding
Finance:
Council Notes: p
Lsa o�0/D 3�2/ Agenda Item No. /
6q-.190 �/�
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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 Orchestra for the promotion of
Arts and Culture.
Background
Funding for the San Bernardino Symphony Orchestra has been included as a budget line item
since Fiscal Year 2001-2002. In its 81st year, the San Bernardino Symphony Orchestra is not
only one of the oldest, but is also one of the most prestigious in the United States.
Generations after its inception in 1929, the San Bernardino Symphony Orchestra continues to
bring joy and inspiration to music lovers of all ages with world-class performances of some of
the world's most beautiful orchestral compositions. Under the direction of Conductor Carlo
Ponti,Jr. this unique ensemble of brilliant and talented musicians who, along with their
predecessors,have occupied a central place in the cultural life of the Inland Empire for over 80
consecutive years.
The annual $70,000 grant from the City of San Bernardino is a critical source of revenue to the
San Bernardino Symphony as it presents five concerts annually,plus a free children's concert.
The funds are used exclusively to support the concerts.
Fiscal Impact:
Funding in the amount of$70,000 was included in the Fiscal Year 2010-2011 budget
in the General Government Civic and Promotional Non-Department fund(Account No. 001-090-
5186- 0000-0053).
Account Budgeted Amount: $70,000
Balance as of 09/20/10: $70,000
Requested Amount: $70,000
Balance After Approval of Item: $ -0-
Recommendation:
Adopt Resolution.
RESOLUTION NO. COPY
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA
3 FOR THE PROMOTION OF ARTS AND CULTURE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The City Manager of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City an Agreement with
8 San Bernardino Symphony Orchestra, a copy of which is attached hereto marked
9
Exhibit"A" and incorporated herein by reference as fully as though set forth at length.
10
SECTION 2. The authorization to execute the above referenced
11
12 agreement is rescinded if the parties to the agreement fail to execute it within sixty
13 (60) days of the passage of this resolution.
14
15
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17
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19
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22
23
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-�9
oq-26 - Zaro
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
2 AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA
FOR THE PROMOTION OF ARTS AND CULTURE.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of 2010, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
10
BRINKER
11
12 SHORETT
13 KELLEY
® 14 JOHNSON
15 MCCAMMACK
16
17
City Clerk
18
19 The foregoing resolution is hereby approved this day of
' 2010.
20
21
Patrick J. Moms,Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City A rney
25
By:
26
O 27 0
28
1
2 AGREEMENT
3 Fine Arts Funding
4 THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as
5 "City" and the SAN BERNARDINO SYMPHONY ORCHESTRA, a non-
6 profit organization, referred to as "Organization"
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial
assistance from City for fiscal year 2010-11, in _
10 order to assist in defraying the expense of certain
11 concerts, shows, festivals , events, or activities
sponsored by Organization as set forth in
12 Organization' s grant proposal (hereinafter "the
proposal" . The financial assistance provided for in
13 this Agreement is made on a one-time only basis, and
receipt of said funds shall not imply a continuing
14 obligation of City beyond the term of this Agreement.
15 B The expenditure of funds under this
16 Agreement is for a valid municipal public purpose, to
wit: the promotion of art appreciation in the City of
17 San Bernardino, as more fully set forth in the
18 proposal submitted by Organization.
19 2 . Payment . Upon presentation of a claim by
Organization to the City Manager' s Office, City shall
20 pay to Organization from the City' s budget for the
2010-11 fiscal year, the total sum of $70, 000 . 00
21 dollars, to cover the costs of the activities set
22 forth in Organization' s grant proposal .
23 3 . Use of Funds. The funds paid by City to
Organization under this Agreement shall be used
24 solely for the purposes set forth in Section 1 of
this Agreement and in strict compliance with the
25 provisions of this Agreement . No deviation from the
26 terms of this Agreement shall be made without
27
28
- 1 - Exhibit"A"
I AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
THE ARTS AND CULTURE.
3 the express approval of City. Organization shall
4 return to City any funds provided by City to
Organization under this Agreement that Organization
5 has not expended by June 30 , 2011 .
6 4 . Accounting. Within 20 days after the
7 completion of an event for which Organization expends
funds provided by City under this Agreement,
8 Organization shall submit to the City Manager' s
Office, with a copy to City' s Director of Finance, an
9 accounting showing the items for which funds were
expended and the amount expended for each item in
10 connection with the event. Organization shall
11 maintain financial records in accordance with
generally accepted accounting principles in such a
12 manner as to permit City to easily trace the
expenditures of the funds. Organization shall keep
13 all of its books and records open for inspection at
any time during the business day by City or its
14 officers or agents . If Organization fails to submit
15 the financial records it is required to submit under
this section, Organization shall reimburse to City
16 any funds for which the required records are not
submitted.
17
5 . Hold Harmless. Organization covenants and
18 agrees to defend, indemnify, and hold harmless City,
19 its elective and appointive boards, commissions,
officers, attorneys, agents, and employees from all
20 liabilities and charges, expenses (including attorney
fees) , suits or losses however occurring, or damages
21 arising or growing out of the use or receipt of the
funds paid under this Agreement or any operations
22 under this Agreement . Payments from the City to
23 Organization under this Agreement are made with the
understanding that City is not involved in the
24 performance of services or other activities of
Organization. Organization and its employees and
25 agents are independent contractors and are not
employees or agents of City in performing said
26 services .
27
28
-2- F,lMbit"A"
I AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
P" BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
°+✓ 2 THE ARTS AND CULTURE.
3 organization warrants that it has secured all
4 licenses or other permissions required to perform or
use any works of intellectual property, names, marks,
5 or trade names that Organization performs or uses in
the performance of this Agreement. This warranty
6 covers, but is not limited to, works of intellectual
7 property that are protected by state and federal
statutory and common law copyright, right of
8 publicity, trademark/unfair competition laws, or any
other proprietary rights . organization agrees to
9 indemnify, hold harmless, and defend City, including
its employees, contractors, and agents, from and
10 against any claims or lawsuits, including costs,
11 expenses, and attorney fees , that arise or result
from any allegation of intellectual property
12 infringement by Organization. The costs, salaries,
and expenses of the City Attorney and members of his
13 office in enforcing this Agreement on behalf of City
shall be considered "attorney fees" for purposes of
14 this section.
15 6 . Termination. City shall have the right to
16I terminate this Agreement and retain any funds not yet
distributed to Organization at any time and for any
17 reason by mailing a ten-day written notice to
Organization. This Agreement shall terminate ten
18 days after the mailing of such notice. In the event
19 this Agreement is terminated due to Organization' s
improper use of funds or use of funds for any purpose
20 not authorized by this Agreement, any funds
distributed by City to Organization but not yet
21 expended by Organization shall be returned
immediately by Organization to City. In addition,
22 Organization shall reimburse City the full amount of
23 any funds distributed by City to Organization and
expended by Organization which were used for any
24 purpose not authorized by this Agreement .
25
26
27
28
-3- Exhibit"A"
I AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
./ 2 THE ARTS AND CULTURE.
3 7 . Assignment . Organization shall not
4 assign its interest in this Agreement without the
prior written approval of City.
5
8 . Insurance. Organization shall take out
6 and maintain during the life of this Agreement
policies of public liability and property damage
insurance covering any and all claims, damages, or
8 liabilities arising out of the performance of this
Agreement by Organization or its agents . Each policy
9 shall designate as named or additional insured City
and its elective and appointive boards, commissions,
10 officers, attorneys, agents and employees, and shall
11 cover claims for personal injury, including death,
and property damage. The policy limits on each
12 policy shall be at least the following amounts:
13 (a) Public Liability Insurance - not less than
$1, 000, 000 per occurrence for injury, including but
14 not limited to death, to any person.
15 (b) Property Damage Insurance - not less than
16 $50, 000 per occurrence .
17 (c) Workers Compensation - in the minimum
coverage amounts required by the California Labor
18 Code, and including employer' s liability insurance
19 with minimum coverage of $1 , 000, 000 per occurrence.
20 Each Policy shall provide for a waiver by the insurer
of subrogation against City and its directors,
21 officers, agents, and employees .
22 For each policy, Organization shall provide to City a
23 Certificate of Insurance which shall require the
insurer to provide City with at least 30 days' notice
24 of any change in or termination of the policy.
25 9. Obligation. Organization hereby
covenants that it has taken all actions necessary to
26 make the adherence to the obligations imposed by this
O27 Agreement a binding obligation of Organization.
28
-4- Exhibit"A"
I AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
j BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
v 2 THE ARTS AND CULTURE.
3 10 . Notices . All notices herein required shall
4 be in writing and delivered in person or sent by
certified mail, postage prepaid addressed as follows :
5
6 As to City: As to Organization:
7 Mayor' s Office Mary Schnepp, President
City of San Bernardino San Bernardino Symphony
8 Orchestra
300 North "D" Street 1811 N. D Street
9 San Bernardino, CA. 92418 San Bernardino, CA. 92405
10
11 11 . Entire Agreement . This Agreement and any
other documents or instruments attached hereto or
12 referred to herein integrate all terms and conditions
mentioned herein or incidental hereto, and supersede
13 all negotiations and prior writings in respect to the
subject matter hereof . In the event of conflict
14 between the terms, conditions, or provisions of this
15 Agreement and any such document or instrument, the
terms and conditions of this Agreement shall prevail .
16 12 . Non-Discrimination. Organization agrees
17 that for the term of this Agreement it shall not
discriminate in employment, recruitment, hiring,
18 admission practices, or advertising or in any other
19 manner on the basis of race , color, creed, religion,
national origin, sex, marital status, disability,
20 age, or any other protected classification under
federal , state, or City laws.
21
22
23
24
25
26
27
28
-5- - Exhibit"A" _
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
2 THE ARTS AND CULTURE.
3
4
5
CITY OF SAN BERNARDINO
6
7 Date:
Charles McNeely,
$
City Manager
9
SAN BERNARDINO SYMPHONY
10 ORCHESTRA
11 Date :
12 Mary Schnepp,
President
13
14
15 Approved as to Form:
16
By:
17 James F. Penman,
City Attorney
18
19
20
21
22
23
24
25
26
27
28
6 Exhibit"A°
1
AGREEMENT
2
3 Fine Arts Funding
4 THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as
5 "City" and the SAN BERNARDINO SYMPHONY ORCHESTRA, a non-
6 profit organization, referred to as "Organization"
7 The parties agree as follows:
8 1 . Recitals.
g A. Organization has requested financial
assistance from City for fiscal year 2010-11 , in _
10 order to assist in defraying the expense of certain
11 concerts, shows, festivals , events, or activities
sponsored by Organization as set forth in
12 Organization' s grant proposal (hereinafter "the
proposal" . The financial assistance provided for in
13 this Agreement is made on a one-time only basis, and
receipt of said funds shall not imply a continuing
® 14 obligation of City beyond the term of this Agreement .
15 B. The expenditure of funds under this
1ra Agreement is for a valid municipal public purpose, to
wit : the promotion of art appreciation in the City of
17 San Bernardino, as more fully set forth in the
18 proposal submitted by Organization.
19 2 . Payment . Upon presentation of a claim by
Organization to the City Manager' s Office, City shall
20 pay to Organization from the City' s budget for the
2010-11 fiscal year, the total sum of $70 , 000 . 00
21 dollars, to cover the costs of the activities set
forth in Organization' s grant proposal .
22
23 3 . Use of Funds . The funds paid by City to
Organization under this Agreement shall be used
24 solely for the purposes set forth in Section 1 of
this Agreement and in strict compliance with the
25 provisions of this Agreement . No deviation from
terms of this Agreement shall be made without
26
® 27
28
- 1 -
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
2 THE ARTS AND CULTURE.
3 the express approval of City. Organization shall
4 return to City any funds provided by City to -
Organization under this Agreement that Organization
5 has not expended by June 30 , 2011.
6 4 . Accounting. within 20 days after the
7 completion of an event for which Organization expends
funds provided by City under this Agreement,
8 Organization shall submit to the City Manager' s
Office, with a copy to City' s Director of Finance, an
9 accounting showing the items for which funds were
expended and the amount expended for each item in
10 connection with the event. Organization shall
11 maintain financial records in accordance with
generally accepted accounting principles in such a
12 manner as to permit City to easily trace the
expenditures of the funds. Organization shall keep
13 all of its books and records open for inspection at
any time during the business day by City or its
a 14 officers or agents. If Organization fails to submit
t 15 the financial records it is required to submit under
this section, Organization shall reimburse to City
16 any funds for which the required records are not
submitted.
17
5, Hold Harmless . Organization covenants and
18 agrees to defend, indemnify, and. hold harmless City,
19 its elective and appointive boards, commissions,
officers, attorneys, agents, and employees from all
20 liabilities and charges, expenses (including attorney
fees) , suits or losses however occurring, or damages
21 arising or growing out of the use or receipt of the
funds paid under this Agreement or any operations
22 under this Agreement . Payments from the City to
23 Organization under this Agreement are made with the
understanding that City is not involved in the
24 performance of services or other activities of
Organization. Organization and its employees and
25 agents are independent contractors and are not
employees or agents of City in performing said
26 services .
Q 27
28
-2 -
I AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
(� BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
2 THE ARTS AND CULTURE.
3 Organization warrants that it has secured all
4 licenses or other permissions required to perform or
use any works of intellectual property, names, marks,
5 or trade names that Organization performs or uses in
the performance of this Agreement . This warranty
6 covers, but is not limited to, works of intellectual
7 property that are protected by state and federal
statutory and common law copyright, right of
8 publicity; trademark/unfair competition laws, or any
other proprietary rights . Organization agrees to
9 indemnify, hold harmless, and defend City, including
its employees, contractors, and agents, from and
10 against any claims or lawsuits, including costs,
1 expenses, and attorney fees , that arise or result
a1 from any allegation of intellectual property
12 infringement by Organization. The costs, salaries,
and expenses of the City Attorney and members of his
13 office in enforcing this Agreement on behalf of City
shall be considered "attorney fees" for purposes of
14 this section.
V 15 6 . Termination. City shall have the right to
16 terminate this Agreement and retain any funds not yet
distributed to Organization at any and for any
17 reason by mailing a ten-day written notice to
Organization. This Agreement shall terminate ten
18 days after the mailing of such notice. In the event
19 this Agreement is terminated due to Organization' s
improper use of funds or use of funds for any purpose
20 not authorized by this Agreement, any funds
distributed by City to Organization but not yet
21 expended by Organization shall be returned
immediately by Organization to City. In addition,
22 Organization shall reimburse City the full amount of
23 any funds distributed by City to Organization and
expended by Organization which were used for any
24 purpose not authorized by this Agreement .
25
26
27
29
3
i AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
2 THE ARTS AND CULTURE. ,
3 7 . Assignment. Organization shall not
4 assign its interest in this Agreement without the
prior written approval of City.
5
6 . Insurance. Organization shall take out
6 and maintain during the life of this Agreement
7 policies of public liability and property damage
insurance covering any and all claims, damages, or
8 liabilities arising out of the performance of this
Agreement by Organization or its agents . Each policy
9 shall designate as named or additional insured City
and its elective and appointive boards, commissions,
10 officers, attorneys, agents and employees, and shall
11 cover claims for personal injury, including death,
and property damage. The policy limits on each
12 policy shall be at least the following amounts :
13 (a) Public Liability Insurance - not less than
$1,000, 000 per occurrence for injury, including but
14 not limited to death, to any person.
`... 15 (b) Property Damage Insurance - not less than
16 $50, 000 per occurrence.
17 (c) Workers Compensation - in the minimum
coverage amounts required by the California Labor
18 Code, and including employer' s liability insurance
19 with minimum coverage of $1 , 000, 000 per occurrence .
20 Each Policy shall provide for a waiver by the insurer
of subrogation against City and its directors,
21 officers, agents, and employees .
22 For each policy, Organization shall provide to City a
Certificate of Insurance which shall require the
insurer to provide City with at least 30 days' notice
224 of any change in or termination of the policy.
25 9 . Obligation. Organization hereby
covenants that it has taken all actions necessary to
26 make the adherence to the obligations imposed by this
27 Agreement a binding obligation of Organization.
1
28
-4-
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
2 THE ARTS AND CULTURE.
3 10 . Notices. All notices herein required shall
4 be in writing and delivered in person or sent by
certified mail, postage prepaid addressed as follows:
5
6 As to City: As to Organization:
Mayor' s Office Mary Schnepp, President ,
City of San Bernardino San Bernardino Symphony
8 Orchestra
300 North "D" Street 1811 N. D Street
9 San Bernardino, CA. 92418 San Bernardino, CA. 92405
10
it 11 . Entire Agreement . This Agreement and any
other documents or instruments attached hereto or
12 referred to herein integrate all terms and conditions
mentioned herein or incidental hereto, and supersede
13 all negotiations and prior writings in respect to the
subject matter hereof . In the event of conflict
14 between the terms, conditions, or provisions of this
15 Agreement and any such document or instrument, the
terms and conditions of this Agreement shall prevail .
16 I 12 . Non-Discrimination. Organization agrees
1, that for the term of this Agreement it shall not
discriminate in employment, recruitment, hiring,
18 admission practices, or advertising or in any other
19 manner on the basis of race, color, creed, religion,
national origin, sex, marital status, disability,
20 age, or any other protected classification under
federal , state, or City laws .
21
22
23
24
25
26
27
�... 28 .
s
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF
2 THE ARTS AND CULTURE.
3
4
5
CITY OF SAN BERNARDINO
6
7 Date:
$ Charles McNeely,
City Manager
9
SAN BERNARDINO SYMPHONY
10 ORCHESTRA
11 Late :
12 Mary Schnepp,
President
13
14
15 Approved as to Form:
16
By:
17 es F . Penman,
ty Attorney
18
19
20
21
22
23
24
25
26
27
28
- 6-