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HomeMy WebLinkAbout30-Mayor's Office ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: D'Ann Lanning Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL Dept: Mayor's Office OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF Date: April 2, 2008 AN AGREEMENT WITH THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. M/CC Meeting Date: April 21, 2008 Synopsis of Previous Council Action: 4/9/2008 — Recommended for approval by the Ways and Means Committee Recommended Motion: Adopt resolution and authorize the Director of Finance to amend the FY-07-08 budget as indicated in the staff report. 0 Signature Contact person: D'Ann K I annina Phone: 3147 Supporting data attached: SR, Resolution and Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: $34,200 from the Cultural Development Fee Fund Source: (Acct. No.) Finance: Council Notes: Agenda Item No. i I -L) I a 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 Historical and Pioneer Society(SBHPS) for funding assistance related to the establishment of the San Bernardino Railroad Museum. Background Earlier this year the SBHPS and the SBRHS entered into an agreement with the San Bernardino Associated Governments to run a volunteer train host program at the Historical Santa Fe Depot. In exchange for running this program, SANBAG has leased the SBHPS and the SBRHS approximately 5,000 square feet worth of museum space. The Museum will be located in the area west of the lobby in the former baggage room. The museum will display artifacts and photos from all aspects of San Bernardino's rich history. It will also highlight the history of the railroad that made San Bernardino a major city in the early 19th century,before most neighboring cities were even started. The SBHPS has a long history of constructing and operating successful museums. Members of SBHPS constructed and run the state's 3rd largest fire museum and the organization also renovated and operates the Heritage House located at the corner of 8th and D Streets. The SBHPS and SBRHS are both non-profit organizations and operate on a limited budget from memberships and occasional donations. The two organizations submitted a proposal to the city for this one time capital project to establish the museum. The $34,200 grant request includes costs for items such as display cases, display kiosks, AV equipment, signage, archival equipment and electrical modification of areas of the museum. The proposal was sent to the Fine Arts Commission for their consideration and was recommended unanimously for approval. The proposal that they submitted is attached to the proposed agreement. Fiscal Impact: It is recommended that this one time request for assistance in capital costs be funded using unappropriated fund balance in the Cultural Development Fund. These funds must be used in support of arts and cultural projects. If approved, the FY 07-08 budget will be amended to transfer$34,200 from this fund balance to account no. 001-091-5185 (Fine Arts Funding) for this project. Based on mid-year reports from Finance, the Cultural Development Fund will have an estimated available balance of about $1,000,000 at 06/30/08. There are sufficient funds available for this project. There is no impact on the City's general fund for this action. Recommendation: Adopt resolution and authorize the Director of Finance to amend the FY-07-08 budget as indicated in the staff report. 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN 3 AGREEMENT WITH THE SAN BERNARDINO HISTORICAL AND 4 PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City an Agreement with 9 San Bernardino Historical and Pioneer Society, a copy of which is attached hereto 10 11 marked Exhibit "A" and incorporated herein by reference as fully as though set forth 12 at length. 13 SECTION 2. The authorization to execute the above referenced 14 agreement is rescinded if the parties to the agreement fail to execute it within sixty 15 (60) days of the passage of this resolution. 16 17 18 19 20 21 22 23 24 25 26 27 ill 28 i;/ �� . 30 - a1og 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO HISTORICAL AND 4 PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 Mayor and Common Council of the City of San Bernardino at a meeting 8 thereof, held on the day of , 2008, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 City Clerk 20 21 The foregoing resolution is hereby approved this day of 12008. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 By: 0 28 Exhibit"A" AGREEMENT Cultural Development Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY, 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 2007-08, in order to assist in the construction and installation of the San Bernardino Railroad Museum at the Santa Fe Depot as set forth in Organization' s grant proposal (hereinafter "the proposal") . A copy of said proposal is attached. The terms of the proposal 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 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 a valid municipal public purpose, to wit : for the construction and installation of the San Bernardino Railroad Museum and the historical preservation of donated and acquired historical items, as more fully set forth in the proposal submitted by Organization. 2 . Payment. Upon presentation of a claim to the Mayor' s Office, City shall pay to Organization from the budget for the 2007-08 fiscal year, the total sum of $34, 200 . 00 dollars . 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 - 1 Exhibit"A" AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. 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 January 1, 2009, and any unexpended funds shall be returned to City by Organization. 4 . Accounting. Within 20 days after the completion of construction and installation, the Organization shall submit to the Mayor' s Office, with a copy to the Director of Finance, an accounting of the actual expenditures connected with said museum 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 funds to the City. 5 . Hold Harmless . Organization covenants and agrees to defend, indemnify, and hold harmless the City, its elective and appointive boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including attorney fees) , suits or losses however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement . Organization and its employees and agents are independent contractors and are not employees or agents of the City in performing said services . Organization further warrants that it has secured all rights and permissions to exhibit and use any works of intellectual property publicly or use any -2- Exhibit"A" AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. names, marks, or trade names, including any licenses necessary, to use any intellectual property, including, but not limited to, any works protected by state and federal statutory and common law copyright, right of publicity, and trademark/unfair competition laws, or any other proprietary rights . Organization agrees to indemnify, hold harmless, and defend the City of San Bernardino, including its employees, contractors, and agents, from and against any claims or lawsuits, including costs, expenses, and attorney' s fees, that arise or result from any allegation of intellectual property infringement by 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 "attorney 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. 8 . Insurance. Organization shall take out and maintain during the life of this Agreement such -3 - Exhibit"A" AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. public liability and property damage insurance, naming the City and its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional insured by Organization and its agents performing acts covered by this Agreement from the 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 any one occurrence. (b) Property Damage Insurance. In an amount not less than $50, 000 for damage to the property of each person on 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 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 of any change or termination in the policy. -4- V . Exhibit"A" AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. 9 . Obligation. 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 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 Steven Shaw, President City of San Bernardino San Bernardino Historical and Pioneer Society 300 North "D" Street P.O. Box 875 San Bernardino, CA. 92418 San Bernardino, CA. 92402 11 . Entire Agreement . This Agreement and any other documents of 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 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" AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FUNDING ASSISTANCE RELATED TO THE ESTABLISHMENT OF THE SAN BERNARDINO RAILROAD MUSEUM. CITY OF SAN BERNARDINO Date: Fred Wilson, City Manager ATTEST: Rachel G. Clark, City Clerk SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY By: Steven Shaw, President Approved as to form: James F. Penman City Attorney By: -6-