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HomeMy WebLinkAbout18-Mayor's Office CITY OF SAN BERNARJ)I,NO. ~ST .FOR CO~ ACTION From: James Ruester, Fine Arts Liaison ORlz61NA L Subject: Authorize execution of an Agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. i> ,.-.-'-"-'" .--..--.-.-.-- Dept: Mayor's Office Date: November 15, 2004 Synopsis of previous CouncD Action: October 6, 2003 Mayor and Common CouncD approved $70,000 In Fine Arts Funding for the San Bernardino Symphony OrchestrL November 4, 2002 Mayor and Common co..cn approved $70,000 in Fine Arts Funding for the San Bernardbao Syul,hony OrchestrL September 17, 2001 Mayor and Common Co.....ilapproved $70,000 In Fine Arts Funding for the San Bernardino Symphony Orchestra. Recommended Motion: Adopt Resolution ~tu.J . Signature Contact person: James Ruester Phone 5133 Supporting data attached: ves Ward: FUNDING REQUIREMENTS: Amount: $70.000 Source:(Acct. No.) 001-092-5186 - $70.000 (Acct. Description) Fine Arts Funding Finance: Council Notes: If/ij/jj AgendaitemNo.~ ~ ~2.00~ OS,) 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 the Mayor to execute an Agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Background: The Fine Arts Commission has recommended funding for the San Bernardino Symphony Orchestra for a number of years. Funding for the San Bernardino Symphony Orchestra has been included as a budget line item in the General Fund budget since FY 01-02. The Fine Arts Commission met on September 14, 2004 to determine the Fine Arts allocation recommendations for FY 200412005. It is anticipated that the Fine Arts Commission recommendations will be presented to the Council in December 2004. Fiscal Impact: Funding in the amount of $70,000.00 was included in the FY 04-05 budget Account #001-092-5186. Recommendation: Adopt Resolution. e 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 It e RESOLUTJO!C.~ f\r RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with San Bernardino Symphony Orchestra, 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 passage of this resolution. /II III /II Iii III III /II /II III ILo. I~i 1(!1S-16~ 18 MCCAMMACK 19 20 21 22 23 24 25 26 27 28 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e e RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _day of , 2004, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON City Clerk The foregoing resolution is hereby approved this ,2004. day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: ~ rlJ,,~,.~ o e e e 1 2 3 AGREEMENT 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- profit organization, referred to an "Organization" 6 7 The parties agree as follow: 8 1. Recitals. 9 A. Organization has requested financial Assistar.ce from City for fiscal year 2004-05, in order to 10 assist in defraying the expense of certain concerts, 11 shows, festivals, or events of activities sponsored by Organization. The financial assistance provided for this 12 agreement is made on a one-time only basis, and receipt of said funds shall not imply a continuing obligation of 13 the City beyond the terms of this Agreement. 14 B. The eXDenditure is for valid municipal public 15 purpose, to wit: for the promotion of art appreciation in San Bernardino. 16 17 18 19 20 2. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the budget for the 2004-05 fiscal year, the total sum of $70,000.00 dollars, to cover the costs associated with Paragraph 1. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 21 Paragraph 1 and in strict compliance with the provisions set forth in the agreement. No deviation from the agreement shall be made without the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30, 2005, and any unexpended funds shall be returned to City by Organization. 22 23 24 4. Accounting. Within 20 days after the completion of the event, the Organization shall submit to 26 the Mayor's Office, with copy to the Director of Finance, an accounting of the actual expenditures connected with 27 said event as it relates to the fund which were provided -1- 25 28 e e e 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN 2 BERNARDINO SYMPHONY ORCHESTRA FOR THE FROMOTION OF THE 3 ARTS AND CULTURE. 19 20 21 6. Termination. City shall have the right to terminate this Agreement and any funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In event this Agreement is terminated for reasons of improper use of 24 funds or use of funds for any purpose other than those authorized, any unexpended portion of funds provided by 25 City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were 26 used for any purpose other than those authorized under 27 this Agreement. 22 23 28 -2- e e e 1 2 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE 3 ARTS AND CULTURE. 4 7. Assiqnment. Organization shall not assign its interest in this Agreement without the prior written 5 approval of City. 6 8. Insurance. Organization shall take out and 7 maintain during the life of this Agreement such public liability and property damage insurance, naming the City, 8 its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents as 9 additional insured by Organization and its agents performing acts covered by this Agreement from claims for 10 property damage for personal injury, including death, as 11 well as from claims for property damage which may arise from Organization's or its agents' operation hereunder, 12 whether such operations be by Organization or its agent or by anyone directly or indirectly employed by either 13 Organization or its agents, and the amounts of such insurance shall be as follows: 14 15 (a) Public Liability Insurance. In an amount not less that $1,000,000 for injuries, including, but not 16 limited to, death, to any person, and subject to the same limit for each person, in an amount not less than 17 $100,000 on account of anyone occurrence. 18 (b) less than person on Property Damage Insurance. In an amount not 50,000 for damage to the property of each account of an occurrence. 19 20 21 (c) Workers Compensation. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are 22 to be paid as a salary to any employee of organization. 23 Organization shall provide worker compensation insurance in the amount required by state law if the funds provided 24 hereunder are to paid as salary to any employee of Organization. Organization shall require that all rights 25 of subrogation under such policy of workers compensation insurance shall be waived as to City. City shall be set 26 forth as a additional named insured in each policy of insurance provide hereunder. 27 28 -3- 1 e 2 3 4 5 6 7 8 9 10 11 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF TH~ ARTS AND CULTURE. (d) The Certificate of Insurance furnished to the City shall require the insurer to notify the City by ten (10) days advance written notice of any change or termination in the policy. 9. Obligation. Organization hereby convenants that it has taken all actions necessary to make the adherence to the obligations imposed by this agreement a binding obligation of the organization. 10. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid addressed as follows: 12 As to City: As to Organization: 13 Mayor's Office City of San Bernardino 14 15 Ann Harris, President San Bernardino Symphony Orchestra 1811 N. "0" Street San Bernardino, CA. 92405 300 North "ON Street San Bernardino, CA. 92418 16 11. Entire Agreement. This Agreement and any 17 other documents of instruments attached hereto or referred to herein integrate all terms and conditions 18 mentioned herein or incidental hereto, and supersede all 19 negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms conditions or provisions of this Agreement, and any such document or ~nstrument, the terms and conditions of this Agreement shall prevail. 20 21 22 23 24 25 12. Non-Discrimination. Organization agrees that for the term of this Agreement it shall not discriminate in employment recruitment, hiring, admission practices, advertising or in an other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. 26 27 28 -4- e 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN 2 BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE 3 ARTS AND CULTURE. 4 5 6 7 8 9 10 11 ATTEST: Rachel G. Clark, City Clerk DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ORGANIZATION e -5- e e It 25 26 27 28 1 2 3 Exhibit "A" AGREEMENT 4 7H:S AGREEMENT is entered into between ~he CITY OF S.ll,.!J 3E:R:JARJINO, a :m..:nicipal corporatior:, referred to as 5 "Ci ty." and t:le San Bernardino Symphony Orchestra, a r:OI~- 6 pro~it organization, referred to an "Organization" 7 The parties agree as follow: 8 1. Rec.:.'tals. 9 A. Organization has requested financial Assistance frc~ City for fiscal year 2004-C5, in order to 10 assist in defraying the expense of certain concerts, 11 sho,,:s, festivals, or events of activities sponsored by Organization. The financial assistance provided for this 12 agreement is made on a one-time only basis, and receipt or said :unds shall not imply a continuing obligation of 13 the City beyond the terms of this Agreement. 14 9. The expenditure is for valid municipal public 15 purpose, to wit: for the promotion of art appreciation in Sar, Berr.ardino. 16 2. Payment. Upon presentation of a claim to the 17 Mayor's Office, City shall pay to Organization from the budget for the 2004-05 fiscal year, the total sum of 18 $70,008.00 dollars, to cover the costs associated with 19 Paragraph 1. 20 3. Use 0= Funds. The funds paid to Organization shall be used solely for the purposes set forth in 21 Paragraph 1 and in stric~ compliance with the provlsions set forth in the agreement. No deviation from the 22 agr~ement shall be made without the expressed approval of 23 :he Citj 0: San Bernardino. Said funds shall be expended by June 30, 2005, and any unexpended funds shall be 24 returned to City by Organization. 4. Accounting. Within 20 days after the co~pletion of the event, the Organization shall submit to the Mayor's Office, with copy to the Director of Finance, an accc~n:ing of the actual expenditures connected with said event as it rela:es to the fund which were provided -1- e e e 1 Exhibit "A" ;:.G?EEr,~:::!-~'T ~.r:: 2 ':':-'E.: :::E'j" C? 3A!~ BfRi':ARDINO A~;;:) THE' S.::'.t,j BER1~~;::[']O SY~1PE~:\'.' JRC~~EST~A ~CR 7~iE PROMOT!ON OF :HE 3 J....R':"S f...!J:: :u~~r.;;~. 4 bj/ t:-;e Cit/. :':-...r.c~.::':"(j~ l:ecords shall be rrlai.ntai~leci i:--l accordance with generally aC2epted acc~unting principles 5 by OrJaniza:i~~ in s~ch ~anner as :0 permit City ~o 6 easIly trace the expenditures of the funds. All bocks and records of OrganizatIon are to be ~ept open for 7 inspection at a~j t:me during the business day by the City or its cf~i=ers or agents. Failure to subDit the 8 fi~a~Clel ~ecorjs in accordance with thi~ section ~i~l result in tne Crgan:zation reimbursing the City, 9 ~. iL~~;ci :~aryrl'?ss. 0rganiz,~ t ion covenants and agrees to a~fe~d i! requested by City, indemnify, and hold harmless the City, its departments, agencies boards, commisslo:')s, elected o.:ficials, offi,cers, attorneys, 12 employ~es and agents f=om all liabilities, charges and ex~ens0~ ~~cl~ding co~nsel fees), suits 0= losses ~curr~ng, or damages arising or growing out of tr.e ~se or receipt c:: t:::c? f'Jnds paid hereunder and all cperat~ons und2~ th~s ,~gree~ent. Payments hereunder are 15 made ~i~h t~e understanding that the City is not involved in the perfor~an~e of services or other activities of Organlzation. Organization and its employees and agen~s are independent contractors and are not employees or agents of the City in performing said services. The costs, s~:ary and expenses of the City Attorney and 18 _ ~ his office in enforcing this agreement on banalf of the City stall be considered as "counsel fees" 19 for the purposes of this paragraph. 10 11 131 14 16 17 20 21 22 23 24 25 6. Termination. City shall have the right to this Agreement and any funding remaining unpaid for any reason by mailing a ten-day written nrgani73ti0n and t~is agreement shall terminate ,:'_,:r '::,,," :~,"~:"':':-'1::f such notice. In event this terminate ~ereunder ::ot.ice tc.~ ,:e:- ;:..:..:....ct,.:;;~lent _5 ter::-\~~',':':':':.:i f"]~ '::'(;dSOnS cf i::tprcrer use ,:)f funds or use of funds :cr 6:'/ !=.:rp::;s'O o'.:.r:er :.:-:"n t'Jose a~thorized, a~y u~expe~ded rortio~ o~ funds provided tj City shall be ret.urned to C:ty. In addi~ic~'., ':~qdni::at.icn shall rei:r,burse to Clt'j c':']' :_::,:15 c:~~'pr.ded ,-,:tich ',,'2re 26 used fo~ any purpo~e other t!lan l1102C i~:~c~ized under 27 ~- h ~ ~ .!~. j :---. 28 -2- e 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 e I' I 11 Exhibit "A" ~.G::~.:::sr\1S~:T RE: 2 :'::::~':' OF SA:: E2E~:.ll.p.:m:() ;,.r:D r:-:r: S':-.!J ~~CHE~TRA FOR THE PROMOTION OF T~~~ 2ERN~?CINC S~'~F~CI~)' 3 i....~,:....J .;r,:D ':~J::",'I:.}FS. 4 7 . As~ iO:1!1l'?n':. Organi::a-:ion shall nct assig:l .Zl.greerne:-it without the prior wr-i::te,: its i::u,rest i:1 this 5 approval rf riev. c " . O~ga~izaticn shall take ou~ and ..:. :-1s'...jra!1ct-:;. I1aintain durin9 the life of ~his Agreement such public liability and property damage insurance, naming the City, l~S depa;::-:ments, agencies, boards, commissions, e2.ec:.ed officials, offi=ers, attorneys, employees and agents as additional ins~red by Organization and its agents perfar~ing acts covered by this Agreement from claims for property damage fer personal injury, including death, as well as from clai~s for property damage which may arise from Orga::ization's or its agents' operation hereunder, wnether such operatlons be by Organizati6n or its agent or by ar.Y'::1e direct-Iy or indirectly employed by ei':hel' Crganizat~on or its agents, and the amoun::s of s~ch i~surance shall be as follows: fa) Public Liability Insurance. In an amount not less that $l,OCC,OOO for injuries, including, but not li.mitej to, c:lCCd.Cf.. to any person, and subject to the same lirelt for each person, in an amoun: not less than SlOO,OOG on account of anyone occurrence. (b") Prcperty Damage :;:nsUrance. I:: an am:::unt no:. 50,000 for damage to the property of each account of an occurrence. le~s t.""".::I"1 "- ~ 1 ...... . . person c" 27 28 iC' Workers Compensation. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are ~o be paid as a salary to any employee of organization. Orga~~zaticn st~~l provide "worker compensation lnsurance :n the amount requlred by state law if the funas provlaed hereunder are to paid as salary to any employee of Organizatic~. OrganIzation shall require that all rlJ~' s of subrogatic~ under such policy of workers compensatIon insurance shall L2 waived as to City. City shall be set forth as a additional named insured in each policy of insurance previae hereunder. -]- e e 17 18 19 20 21 22 23 24 25 26 e 27 281 1 Exhibit "A" :''\~~?_Sz:.J:..n~ :-.i~: 2 'T ~i E -= I':"';.' OF SAN SER~;?~:r~J ;'.10 D TEE .s ~:..~ J 3ER>Jp.~~,L:no SYr.l~"'::O:,:Y CRCHESTRA ~OR THE ?ROMOTION CF :~~E ..., -.........,..... 3 !-.:<-";:' .z~tJJ CO_::'::-UPc.. 4 (d) The Ce~:L.:.:::Cite of Insurance f:Hi.ishe:] to :he City 5hall req~ire the i~surer to noti~y tile Ci:y b~r ten 5 (~O) days 3d\'an~e wri:t'e~ not~ce of any cha~ge O~ ~er~i~aticn in the policy. 6 7 9. Obl~.q5tio~. Orga~ization hereby co~venan~s th3t it has taKen 0.:1 actions necessary to make the 8 ad~e~ence t~ the obligations imposec by th~s agreement a tinding obligation of r.he organization. 9 10. Notices. All notices herein required shall be 10 in writing and ce!ivered in person or sent by certified 11 mal~, po~:age prepaid addressed as follows: 12 .;s to City: As to Organizati0~; 13 ~aV8r's Office Ann Harris, President Sdn Bernardir,o Symphony Orcnestra 181: N. "0" Street San Bernardino, CA. 92405 City cf Sa~ 3ernardi~o 14 15 16' 300 San L'.Jorth ":)" Street Bernar~ino, CA. 92418 11. ['-tire AJreement. This Agreement and any other dccumen~s of instruments attached hereto or re~erred to here~n integrate all terms and cond~:ions mentioned herein or incidental ~ereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 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. 12. ~on-Discrimination. Organization agrees that for the te=m cf this Agreement it shall not discrimi~ate In employment recruitment, hiring, admission practlces, advertising or in an other manner on the basis of race, color, creed, religion, national origin, sex, physical handlcap, or marital status. -4- e e e 1 Exhibit "A" 1;....:;?EE!~:::.t.~'::- ~;:=: :;.-::= C=-="i 0::' SAN E2~I\;a:'.~:Ii',::) Pd\D T1-::~ Sr-.~': 2 I.. - '. . - ~ ~ c. - -. ,~ r' v, . ~ . , '-. - - "' .- ,. -... t" ~ .,., ~ - ~,,~ ~ H - "' - ". ,r ~ T ". . 0 - - .. - :j.t.K~\.o..l..t'f~l..'.l) ~f..-'j.t'!"L.-'L~l \...-\t'~......n.......~.:.r~r\ ti.-:t". l.~ .:-'.t'\\..Jl.........'l.L..Vi\ = it;.::... 3 .;P~S .~.:-;J C:.J~.;T:";R:::. 4 5 6 7 8 9 10 D.lI,TED: CITY OF S;~N BERN.;R::II~O Judith Valles, Mayo~ 11 ;'.TTEST: Rachel G. ClaLk, City ClerK 12 13 14 15 ORGMJI ZATION 16 Approved as to form 17 and legal content: 18 tJames F. ?er:.:ndD 19 CiLY A~to~ney 20 21 By: 22 23 24 25 26 27 28 -5- OFFICE OF THE CI1Y CLERK RAcHEL G. CLABK, CM.C. ~ CrI'Y CI.BItK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us November 17, 2004 Ann Harris, President San Bernardino Symphony Orchestra 1811 N. D Street San Bernardino, CA 92405 Dear Ms. Harris, At the Mayor and Common Council meeting of November 15, 2004, the City of San Bernardino adopted Resolution 2004-357 - Resolution authorizing the Mayor to execute an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreements will be null and void if not executed within 60 days, or by January 14, 2005. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, IfJtl{~~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDlNO ADOPTED SHARED V~LUBS: Integrity · Accountability · Respect for Human Dignity. Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: November 22, 2004 TO: Jim Ruester, Cultura1/Fine Arts and International Affairs Director FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-357 - San Bernardino Symphony Orchestra CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. The original agreement is on tile in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 11-' !; -Ol\ Item # I q Resolution # Vote: Ayes \ -I') Nays Jer Abstain..e- Change to motion to amend original documents 0 Companion Resolutions 2.004- ~') Absent ~ NulWoid After: lee days I Resolution # On Attachments: 0 PUBLISH 0 POST 0 \-I'\-bS Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: I t- \" -0'\ Date of Mayor's Signature: i 1'lb-C6r Date ofClerklCDC Signature: 11- n-ClL\' Reso. Log Updated: 8"" Seal Impressed: 0 Date Memo/Letter Sent for Signature: _t l- \"") ~~ Date Returned: J I - Zrz.......o 1 Not Returned: 0 1 It Reminder Letter Sent: 2m Reminder Letter Sent: Request forCouncil Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No Yes NoL Yes No L.. Yes No ~/ Yes No_ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney ff Finance Ia"" Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others:~(}1L 3 Notes: Ready to File: _ Date: Revised 12/18/03