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HomeMy WebLinkAbout2000-278 .' 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. 2000-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL CHILDREN'S CHOIR 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 International Children's Choir, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by references 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage ofthis resolution. III III III III III III III III III 2000-278 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 WITH THE SAN BERNARDINO INTERNATIONAL CHILDREN'S CHOIR FOR THE PROMOTION OF ARTS AND CULTURE 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Joint and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the 5th day of September ,2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN x MCGINNIS x SCHNETZ x SUAREZ ---1L ANDERSON -x- MCCAMMACK x ::dfll11IAiJ'nPdtntU; MfXl1- City Clerk The foregoing resolution is hereby approved this 811- day of September, 2000, Approved as to Form and legal content: JAMES F. PENMAN, City Attorney J. 2000-278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the San Bernardino International Children's Choir, a non-profit organization, referred to an "Organization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2000-01, in order to assist in defraying the expense of certain concerts, shows, festivals, or events of activities sponsored by Organizations as set forth Organization's grant proposal (hereinafter "the proposal") approved by the Fine Arts Commission of the City. A copy of said proposal is on file in the Mayor's Office of Cultural Affairs. 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 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, as more fully set forth in the proposal submitted by Organization. 2 . 21 Mayor's 22 23 24 25 26 27 28 Payment. Upon presentation of a claim to the Office, City shall pay to Organization from the -1- 2000-278 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 INTERNATIONAL CHILDREN'S CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2000-01 fiscal year, the total sum of $3,000.00 dollars, to cover the costs per Fine Arts grant application agreement. 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, 2001, 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 fund 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, indemnify, and hold harmless the City and its employees and agents from all liabilities and charges, -2- 2000-278 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 INTERNATIONAL CHILDREN'S CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. expenses (including counsel 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. 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. 8. Insurance. Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance, naming the City as additional insured, so as to insure City, its elective and appointive boards, commissions, officers, -3- 2000-278 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 INTERNATIONAL CHILDREN'S CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. Agents and employees, Organization and its agents performing act covered by this Agreement from the claims for property damage 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 a 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- 2000-278 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 INTERNATIONAL CHILDREN'S CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 Lindsay Hlebasko, Director City of San Bernardino San Bernardino International Children's Choir 6080 Buchanan Street San Bernardino, CA. 92404 300 North "D" Street San Bernardino, CA. 92418 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. DATED: -5- 2000-278 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN 2 BERNARDINO INTERNATIONAL CHILDREN'S CHOIR FOR THE 3 PROMOTION OF THE ARTS AND CULTURE. 4 5 6 7 8 9 ATTEST: ~a!!JfPL.)I CfML 10 Rac~el G. Clark, City Clerk 11 ~ YJaY7dlLCLi}HlriVYJ[L; [Jf..piitt 12 (-/ ORGANIZATION CITY OF SAN BERNARDINO a (A:t:: <...- h Valles, Mayor 13 Approved as to form 14 and legal content: 15 16 James F. Penman City Attorney 17 18 19 20 .~ 21 22 23 24 25 26 27 28 -6- 2000-278 Synopsis: San Bernardino International Children's Choir The San Bernardino International Children's Choir is a youth vocal music organization, created to represent the City of San Bernardino and its wonderful diversity of cultures while showcasing local young talent. Young citizens of a variety of ages and backgrounds are part of this choir presenting a varied repertory of musical performance. The Choir contributed over 200 hours of community service this past year through guest performances, community activities and special events. . Estimated Attendance - 10,000 . Number of Performances - 2 concerts, 30 guest performances . Estimated Costs..........., ..$12,330.00 . Estimated Income........ ....$5,300.00 . Grant requested was for... ..$7,030,00 . Grant award recommended.$3,000.00 2000-278 PERFORMING ARTS - GRANT APPLICA nON FORM City of San Bernardino - Fine Arts Commission 1. Applicant Organization (Name, Address, etc) THE SAN BERNARDINO INTERNATIONAL CHILDREN'S CHOIR 6080 Buchanan Street San Bernardino, CA 92404 Telephone No (909) 864-5241 Non-Profit No. 33-0073908 Number of Years in Existence: Two (2) ll. Contact Person Lindsay Hlebasko Title: Founder I Director Telephone No. (909) 864-5241 Ill. Program Category Under which Support is Requested Music IV. Period of Support Requested From: Aug 31. 2000 Through: July 31.2001 (Starting) (Ending) V. Program Description: THE SAN BERNARDINO INTERNATIONAL CHILDREN'S CHOIR & AMBASSADORS is a youth vocal music organization, created to represent the City of San Bernardino and its wonderful diversity of cultures, while providing a unique showcase of local young talent. The Choir contributed over 200 hours of community service this past year through guest performances, concerts, and support to community activities and special events. An elite group, talent and character-wise, the Choir features children ages five through twelve, with an older contingent (Ambassadors) who are in middles school, high school, and college. Often called upon to sing (either as a group, or small ensemble from the Choir), this organization is "on-call" to represent the very best of San Bernardino in a performing sense and as role model children. The Choir is a member of the City International Council, and enjoys friendship and interaction with many members of that Council. Special help with authentic costuming and assistance with difficult foreign languages being taught through song are definite assets of this association. A-I VI. a) b) c) Estimated number of persons expected to benefit from this program 10,000 Number of persons by paid attendance 600 Number oflersons by complimentary admission 50 Number 0 performances scheduled 2 Concerts & about 30 guest performances Total attending all performances 600 (paid attenders) d) 2000-278 VII. Need Staternent: The tremendous amount of talented youth in our community, in addition to the unique fact that 42 different ethnic cultures are represented locally provide an opportunity to offer a "signature group" for our City. Whenever unity is profiled, whether musically or a combined effort on some behalf, it is always a win-win scenario. This platform for a "coming together" of children signifies the immediate need for appreciation of others around us; cultural differences, economic and personality differences. During performances and guest appearances, this "coming together" is transferred to the audiences. Songs performed in many languages, songs with important mes~ages, and uplifting specialty numbers all contribute to the need for this unique and speCIal group. The children who are members of the Choir receive intense training in voice, stage presence, formal etiquette, and full stage production elements (choreography, solo work, harmony, costume changes, etc.). The need for children to have this "comprehensive experience is evident with the obvious decline in society for what used to be the basics: manners, respect for authority, discipline, kindness, and sharing of God-given gifts (especially with those who have not been so richly blessed as many of us). The above training reflects well not only on the children, but on our City, as the Choir meets and performs for visiting foreign delegations, dignitaries, political VIPS, special events, and seasonal projects. The Choir is called upon to perform may beyond what they can ever begin to accept, schedule-wise. The quality and spirit of this group addresses the need of cornmunity service and hometown pride. One of the songs written for the Choir by Director Lindsay Hlebasko is called, "We All Hope Together". The desire for children and their parents to belong to this group is increasing all the time. Needs of the group membership are addressed by long- range performance and friendship opportunities. The Choir is mdeed setting examples of international togetherness, as we continue to include lovely children from Russia, Italy, Sweden, The Philippines, Mexico, and of course, all areas of the United States! A-2 Vlll. Intended Results As mentioned, there are 42 known cultural factions represented in San Bernardino. What a marvelous opportunity to &ather as many children from these different cultures and have them become mUSical ambassadors whenever needed locally!! The original goal was to have the Choir travel internationally as City Ambassadors, but that is more long-range than first anticipated (financially). However, the opportunity is here NOW to perform at venues and for organizations that may benefit from hearing these children sing. The amount of hours devoted to community service is creating a more profound result than travel; the Choir members are taught to love to "~ive back" and "be part" of where they live. The saying "N 0 deposit, no return" is a cruCIal message for citizens of any community to be involved and contributing as volunteers. Collaborating with the Symphony on a major fund-raiser, performing at a very early Mayor's Prayer Breakfast., reading and singing to the "City Of Readers" program, and visiting and performing for hospitalized children and their families all 2000-278 have life-changing impacts. San Bernardino can feel pride as these enthusiastic and outstanding young people perform and contribute in so many ways to their community., Although not all children are from San Bernardino solely, the Choir is exclusively available to the City for any and all events we can possibly attend. Businesses, schools, recreation and philanthropic groups all have benefitted by the existence and availability of the Choir to enhance a special event. As members of The Chamber of Commerce and the International Council, the Choir is networked with many opportunities to lend support in many ways besides performing. The results of this group can be explained in targeted categories: 1) Training and Showcasing of local young talent 2) Teaching values and exceptional behavior within group 3) Friendship opportunities & cultural exchange 4) Creating an performing group which has zero tolerance for any substance abuse, profanity, unkindness, dis-respect, un-mannerly conduct, or involvement in gangs or illegal activities (including smoking) 5) Teaching community spirit through service, performance, and appreciation of others 6) Giving the City and its citizens an opportunity to be aware of, to enjoy, and to support their very own group...quality in talent, character, and community service. A-3 IX Total anticipated expense for this period: Salary & Wages $ 7,200 Supplies & Material $ 3.730 Travel $ 0 Fixed AssetslRentals or Leases $ 200 Outstanding loan payments $ 0 Fees & Other $ 1.200 TOTAL EXPENSES $ 12.330 X Total anticipated income for this period: Income from performances $ 1.600 Revenue (stocks, bonds, rentals, etc) $ 0 Grants $ 0 Contributions $ 200 Funds from Support Groups $ 0 Other $ 3,500, TOTAL INCOME $ 5,300 Xl Amount requested from the San Bernardino Fine Arts Commission: 2000-278 a) b) c) Total Expenses (Section IX) Total Income (Section X) AMOUNT REQUESTED (a minus b) $ 12,330 $ 5.300 $ 7,030 XlI Future Objectives: One of the primary future objectives involves marketing the Choir in such a way that they will impact musically and thematically a wide range audience. This will be done through more recordings, increased concerts, and notoriety of concept. Collaboration with family venues, amusement parks, and retail release radiO air play of a CD by the Choir is currently being planned. Increased training and professional appearance I sound are other objectives. Travel, of course, would be the ultimate goal; to get on a plane with an itinerary that would leave the children and their audiences with a wonderful uplifting and memorable experience. Underwriting and sponsorship to enable these objectives is a major future objective in itself. We are currently looking for an exclusive sponsor to take the Choir as it's own "treasure". A-4 XlIl. Provide a brief history/background of the organization: Initially, the International Children's Choir was proposed to Mr. Colin Strange at Main Street, Inc. in March 1998. With Main Street's support, the inaugural year was one that involved seven auditions, and two concerts and a Choir Fest competition at The California Theatre. A Mayor's Reception for the choir members and special guests tradition was established as a special "pre-function" to the annual "Holiday Magic" concert. The children rehearsed at Pacific High School, with insurance coverage by Main Street. With fairly modest audiences, the Choir changed the host performing venue the second year to The Sturges Center for the Fine Arts; a smaller and less expensive location. Although the children were described as "exceptional" by those who heard them, the group was still new, and competed with many organizations for publicity and attendance. Mid-way through the second year, The City International Council took the Choir under its wing, helping to provide authentic costumes for the children, assistance in pronunciation of difficult foreign languages, and attend .performances. The Sturges Foundation offered to allow the Choir to become one of theIr resident arts groups, and Main Street no longer was the umbrella sponsor. Although no monies are received by the Choir from any group, the in-kind donations are a great help. The Choir pays for all technical costs, most costuming, materials, training, pre- concert dinners, CD recording sessions and CD production, Mayor's Reception, publicity, photo shoots, awards and seasonal celebrations during the year. Now, beginning its third season, over 130 children have auditioned for the very few slots available in the Choir. Children from last year's Choir must re-audition as well as new children. Various choir members will participate in several summer events, although, technically, they are on "break" during this time. 2000-278 We hope to really shine this third year....with great support and pride from the City! CERTIFICATION Project Officer Lindsay Hlebasko Telephone No. (909) 864-5241 Title: Founder I Director Date: June 28. 2000 A-5 List Board of Directors and Officers (Include names, addresses, and telephone numbers) President Lindsay Hlebasko 6080 Buchanan Street San Bernardino, CA 92404 (909) 864-5241 Vice-President Tami Delaney 5095 N. Lugo Ave. San Bernardino, CA 92404 (909) 882-5775 Secretary Amy Hlebasko 6080 Buchanan Street San Bernardino, CA 92404 (909) 864-5241 Member Melanie Johnson 3313 Leroy Street San Bernardino, CA 92404 (909) 882-0986 Member Zelda Flores 5558 N. Crescent Street San Bernardino, CA 92405 2000-278 (909) 883-4988 A-6 Line Item Budget (Refernce A-4 IX) Salary & Wages a) Director's stipend b) Manager I Book-keeping c) Tech Fees $ 7,200 Supplies & Materials a) Choir member notebooks wI materials b) Sheet Music, tapes, etc c) Printing I Postage I Publicity, Tickets, Programs, Pre-concert dinners, Mayor's Reception, etc. d) Costumes, props, stage needs e) Marketing, ads, Travel $ 3,730 Fixed AssetslRentals or Leases a) Copier Maintenance Agreement Outstanding Loan Payments Fees and Other a) Photographer b) CD Recording (Recording engineer, CD editing, CDs, CD cases, J-Cards and promo) $ -0- $ 200.00 $ -0- $ 1,200 TOTAL: $ 12,330 2000-278 Total Anticipated Income for this period (Reference A-5 X) Income from performances a) "Holiday Magic" Concert (Dec.) b) "Bach To Broadway" Concert (April) Revenue (Stocks, bonds, rentals, etc) Grants Contributions a) American Legion performance donation Funds from Support Groups Other a) Member annual enrollment ($100 per year per student with some scholarships offered) b) CD sales TOTAL $ 1,600 $ -0- $ -0- $ 200 $ -0- $ 3,000 $ 500 $ 5,300 * Note...Our concert ticket prices are: Adult $10; Youth $8 Choir member's immediate family pay half price. ~