Loading...
HomeMy WebLinkAbout23-Mayor's Office , , . .' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Mayor's Office n RIG I N A L September 15, 20~ Subject: Authorize execution of an Agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. From: James Ruester, Fine Arts Liaison Date: Council Date: October 6. 2003 Synopsis of Previous Council Action: November 4, 2002 Mayor and Common Council approved $70,000 in Fine Arts Funding for the San Bernardino Symphony Orchestra, September 17, 2001 Mayor and Common Council approved $70,000 in Fine Arts Funding for the San Bernardino Symphony Orchestra, Recommended Motion: Adopt Resolution. ~ Signature Contact person: ....m.... R.....d..r Phone: ~1~~ Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: $70,000 Source: (Acct No,) 001-092-5186 lAm n..:::~,:;;:Z~~ Council Notes ~o ~ZOO3-d'l fo Agenda Item No, J,?' /0/ "lIE . .' . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution for 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. Beginning in Fiscal Year 2001/2002, funding for the San Bernardino Symphony Orchestra was included as a budget line item in the General Fund budget. The Council approved the $70,000 allocation for the Symphony. The FY 03-04 budget includes the budget line item amount of $70,000 for the San Bernardino Symphony Orchestra for FY 2003/2004. The Fine Arts Commission will meet on October 21, 2003 to begin the process of determining the Fine Arts allocation recommendations for FY2003/2004. Financial Impact: Funding in the amount of $70,000.00 was included in the FY03-04 budget account #001-092- 5186. 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 . . RESO~~.~y 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. Tbe Mayor of tbe City of San Bernardino is bereby autborized and directed to execute on bebalf of said City an Agreement witb San Bernardino Sympbony Orcbestra, a copy of wbicb is attacbed bereto marked Exbibit "A" and incorporated berein by reference as fully as tbougb set fortb at lengtb. SECTION 2. Tbe autborization to execute tbe above referenced agreement is rescinded if tbe parties to tbe agreement fail to execute it witbin sixty (60) days of tbe passage of tbis resolution. 11/ 11/ 11/ III III III III III III (!~ c ,'1J / {; /ih;5 . 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. 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 , 2003, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this ,2003. day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: L 7~ (J 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 e e AGREEMENT THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the San Bernardino Symphony Orchestra, a non- profit organization, referred to as "Organization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2003-04, in order to assist in defraying the expense of certain concerts, shows, festivals, or events of activities sponsored by Organization. The financial assistance provided for in this Agreement is made on a one-time only 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 valid municipal public purpose, to wit: for the promotion of art appreciation in San Bernardino. 2. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the Mayor's budget for the 2003-04 fiscal year, the total sum of $70,000.00 dollars, to cover Organization's costs associated with Paragraph 1. -1- Exhibit "A" 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 RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 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, 2004, and any unexpended funds shall be returned to City by Organization. 4. Accounting. Within 20 days after the completion of the event, the Organization shall submit to the Mayor's Office, with copy to the Director of Finance, an accounting of the actual expenditures connected with said event as it relates to the funds which were provided by the City. 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 expenditures 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. 5. Hold Harmless. Organization covenants and agrees to defend (if requested by City), indemnify, and hold harmless the City, its elected officials, boards, commissions, officers, attorneys, agents and employees from all liabilities, charges and expenses (including counsel fees), suits or losses however occurring, or -2- Exhibit "A" I . 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 RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization. Organization and its employees and agents are independent contractors and are not employees or agents of the City in performing said services. 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. 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 funds or use of funds for any purpose other than those authorized, any unexpended portion of funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this Agreement. 7. Assignment. Organization shall not assign its interest in this Agreement without the prior written approval of City. Insurance. Organization shall take out and during the life of this Agreement such public and property damage insurance, naming the elective officials, boards, commissions, attorneys, agents, and employees as additional 8. maintain liability City, its officers, -3- Exhibit "A" . 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. insured by Organization and its agents performing acts covered by this Agreement from claims for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operation hereunder, whether such operations be by Organization or its agent or by anyone directly or indirectly employed by either Organization or its agents, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less that $1,000,000 for injuries, including, but not limited to, death, to any person, and subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence. (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. (c) Workers Compensation. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to be paid as a salary to any employee of organization. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to paid as salary to any employee of Organization. Organization shall require that all rights of subrogation under such policy of workers compensation insurance shall be waived as to City. City shall be set forth as an additional named insured in each policy of insurance provide hereunder. (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. -4 - Exhibit "A" 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 RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. 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: As to City: As to Organization: Mayor's Office City of San Bernardino Ann Harris, President San Bernardino Symphony Orchestra 362 W. Court Street San Bernardino, CA. 92401 300 North "D" Street San Bernardino, CA. 92418 11. Entire Agreement. This Agreement and any other 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 writings 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. 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. -5- Exhibit "A" . 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney By: -6- Exhibit "A" 1 . 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 ~ 26 . 27 28 AGREEMENT THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the San Bernardino Symphony Orchestra, a non- profit organization, referred to as "Organization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2003-04, in order to assist in defraying the expense of certain concerts, shows, festivals, or events of activities sponsored by Organization. The financial assistance provided for in this Agreement is made on a one-time only 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 valid municipal public purpose, to wit: for the promotion of art appreciation in San Bernardino. 2. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the Mayor's budget for the 2003-04 fiscal year, the total sum of $70,000.00 dollars, to cover Organization's costs associated with Paragraph 1. -1- ~ . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 ~ 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 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, 2004, and any unexpended funds shall be returned to City by Organization. 4. Accounting. Within 20 days after the completion of the event, the Organization shall submit to the Mayor's Office, with copy to the Director of Finance, an accounting of the actual expenditures connected with said event as it relates to the funds which were provided by the City. 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 expenditures 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. 5. Hold Harmless. Organization covenants and agrees to defend (if requested by City), indemnify, and hold harmless the City, its elected officials, boards, commissions, officers, attorneys, agents and employees from all liabilities, charges and expenses (including counsel fees), suits or losses however occurring, or -2- 1 . 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 ~ 23 24 25 26 . 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization. Organization and its employees and agents are independent contractors and are not employees or agents of the City in performing said services. 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. 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 funds or use of funds for any purpose other than those authorized, any unexpended portion of funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this Agreement. 7. Assignment. Organization shall not assign its interest in this Agreement without the prior written approval of City. Insurance. Organization shall take out and during the life of this Agreement such public and property damage insurance, naming the elective officials, boards, commissions, attorneys, agents, and employees as additional 8 . maintain liability City, its officers, -3- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 . . AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. insured by Organization and its agents performing acts covered by this Agreement from claims for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operation hereunder, whether such operations be by Organization or its agent or by anyone directly or indirectly employed by either Organization or its agents, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less that $1,000,000 for injuries, including, but not limited to, death, to any person, and subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence. (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. (c) Workers Compensation. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to be paid as a salary to any employee of organization. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to paid as salary to any employee of Organization. Organization shall require that all rights of subrogation under such policy of workers compensation insurance shall be waived as to City. City shall be set forth as an additional named insured in each policy of insurance provide hereunder. (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. -4- 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 RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. 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: As to City: As to Organization: Mayor's Office City of San Bernardino Ann Harris, President San Bernardino Symphony Orchestra 362 W. Court Street San Bernardino, CA. 92401 300 North "D" Street San Bernardino, CA. 92418 11. Entire Agreement. This Agreement and any other 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 writings 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. 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. -5- 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 RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO SYMPHONY ORCHESTRA. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney -6- " . . CITY OF SAN BERNARDINO Interoffice Memorandum ROOrfV!"H~!TY ~l!!RK CITY CLERK'S OFFICE Records and Information Management (RIM) ll1ogt!fl-B P 4 :39 DATE: October 8, 2003 TO: Ann Harris, Economic Development Agency FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-276 At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino adopted Resolution 2003-276 - Resolution authorizing the Mayor to execute an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Attached is one (1) original agreement. Please sign in the appropriate location and retum the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by December 15, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary the above mentioned documents. Signed: ~ Date: (t,i 7/ d3 I ~ Please sign and return ,~, .. . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): I 0 ~ '" -03 Item # Vote: Ayes \-') Nays -~ 23 Resolution # Abstain .G-' 'li:D?:;- 2.'1 Co Absent .e-- Change to motion to amend original documents: - Reso. # On Attachments: / Contract term: - NullNoidAfter: (,,0 O"l-\ J 1Z-.-S--0<, , Note on Resolution of Attachment stored separately: -= Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: - Date Sent to Mayor: \ 0 ~ ') --03 Date of Mayor's Signature: i 0- s,;-~03 Date of ClerklCDC Signature: t C - s,;--o 3. Reso. Log Updated: Seal Impressed: .......- ./ Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 16 - &-03 See Attached: ./ Date Returned: 10 -'>s-O 3 See Attached: See Attached: Request for Council 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): YesL No Yes No / Yes No ,/ Yes No ;/ - Yes No' Copies Distributed to: City Attorney V Parks & Rec. Code Compliance Dev. Services EDA Finance v' Police Public Services Water Others: In ~ IJiL MIS Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01112/0]