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HomeMy WebLinkAbout1999-282 '. 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. 1999-282 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO MASTER CHORALE 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 authorize and direct to execute on behalf of said City an Agreement with Canto Bello Master Chorale, a copy of which is attached hereto marked Exhibit "A" and incorporate 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1999-282 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE 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 15th day of November , 1999, by the following vote, to wit: Council Members: ABSTAIN ABSENT AYES NAYS ESTRADA x LIEN x MCGINNIS x SCHNETZ x * ANDERSON x MILLER x 15 *5th Ward - Vacant 16 17 18 ~~/;).~ The foregoing ordinance is hereby approved this _/7/1"- day of November 1999. 19 20 21 22 23 Ju ith Valles, Mayor Cit of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, 24 City ttorney 25 26 27 28 1999-282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AGREEMENT Fine Arts Fundino THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Canto Bello, 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 1999-00, 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. 20 2 . Mayor's 21 22 23 24 25 26 27 28 Pavment. Upon presentation of a claim to the Office, City shall pay to Organization from the -1- 1999-282 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 budget for the 1999-00 fiscal year, the total sum of $4,000.00 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, 2000, and any unexpended funds shall be returned to City by Organization. 4. Accountinq. 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- 1999-282 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 CANTO BELLO 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. Assianment. 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 as additional insured the City, its elective and appointive boards, commissions, officers, -3- 1999-282 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 CANTO BELLO 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 lnsurance 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- 1999-282 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 4 9. Obliqation. Organization hereby convenants that it has taken all actions necessary to make the 5 adherence to the obligations imposed by this agreement a binding obligation of the organization. 6 7 8 10. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid addressed as follows: 9 As to City: Organization: As to 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mayor's Office Chuck Bradley City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 Canto Bello P.O. Box 1627 San Bernardino, CA. 92402 11. Entire Aqreement. 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. ///;7//'/'/7 ( / DATED: -5- 1999-282 1 2 3 4 5 6 7 8 ATTEST: ()~ h. 9 ~l G. Clark, City Clerk AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO FOR THE PROMOTION OF THE ARTS AND CULTURE. 10 11 12 Approved as to form 13 and legal content: 14 James F. Penman 15 City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO ORGANIZATION CkJ M~ -6- 1999-282 CANTO BELLO MASTER CHORALE GRANT APPLICA TION City of San Bernardino 1999-282 PERPORMING ARTS - GRANT APPLICATION PORM City of San Bernardino Fine Arts Commission ===================~======================================================= I. Applicant Organization (Name, Address, etc.) II. Contact Person Title Phone: ( 999 (,,'h~.....1 00=- U.....~A 1 ""':? li'vo.... n.;?"'c.....,...'"'..... ) 8aS 9389 Canto Bello Master Chorale Post Office Box 1627 San Bernardino, CA 92402 909-825-0589 =====================================~ III. Program Category Under w~ich Support is requested: M>lsig Phone: ( ) Non-Profit I.D. Number of Years =====================================; IV. Period of Support Requested ~~~ oQ. through tart~ng "'"~ a'-1M n Lng Q7SUI7~Ci: in existence TR v. ?~~:e~: S~sc=:~:~=~s: ============================================================================ See page 4 ============================================================================ VI. ~stimaced numbe= 0: ge=so~s expecced C~ benefic f=c~ this p;:og::::am!proj :c:: L,O'iO . a} N'..:.r:1..:Je= 0: ;e:-sons ~y pa:.d a::e::.da::ce: 1fi2~;___~___. :,; )jl..:.~e= 0: ;::e=so:"~s by :::-ee ::::r:'.;:li::-te:-.:.a=y a._.....;..~~~......... LL~1l ::J ~;...:.~-:= 0: ;::~=:o=~a::::es s:::::ec:..:.:ed: 0 d) 7:),:a: 3.:.:e::d:.ng al: ;::e=::)=~a::ces 'Ca: ~1.'.';'5 [01!: (IQ5Q VIr. ----------------------------------------------------------------------------- ----------------------------------------------------------------------------" Need S;:a:eme:l:: See page 4 v:::. =~=e~ded ~es~_:.s: =================================================~========================= See page 5 ==~======================================================================== '-. ~ !?A Revised 6/35) -~- 1999-282 IX. Total anticipated expenses for :his period: =========================================================================~~ Salary &: Wages Supplies &: Material Travel Fixed Assets/~entals or Leases Outstanding loan payments Fees &: Other $ 33,600 $ 8,500 $ -O- S 4,750 $ -O- S 2,500 TOTAL COSTS $ 49,350.00 ============================================================================ X. 70tal a~ticipa:ed i~come fo~ :~is ge~iod: ~ost Rece:1t =is~al Period :~come ~=om ~e=:~~a~ce3 S 12,400 S -O- S 4,000 S 4,500 S 8,163 S 3,983 $ 33,046 ~sve~ue (s:oc~s, CO~CSf =en=a~s, etc.) S::.-a:"..:s 1""'"........-,....; ........._ ~ .........._ '-"""....1.-_ _.....'-_ __....~ =~~ds :==~ 5~ppc=: G=O~;5 Cche=- TOTAL INCOME ========================================================================= x: . .~."ilcun = ::-::m c~; Sa~ 3e=nardi~c :i~~ A=ts ,....~,......~--.,,- __--:__=:t___ ~. . ~nlS :'isca: :?er-i::::c. S 24,500 S -O- S S 10,000 S 3,500 $ 6.350 $ 44,350 a) Total Costs (Section IX) Commission: b) Total Income (Section X) S 4Q,1~0 nn (-) $ 44 1~0 nn c) AMOtINT UQtJBSTED ([a] minus [b]) $ 5.000 no ?ercentage requested: (Amount Requested divided by Total Costs) 10 % Z2=======S==============================================::::==:============= (PA Revised 6/96) -7- 1999-282 XII. Amount per person to be subsidized by Fine Arts grant: Amount requested (Section XI Line [cJ) number of people attending (Section VI divided by Line [d]) s $1. 23 ============~=============================================================: XII. Future objectives: As availability of foreseeable fucure, self-sufficient? city funds will be increasingly restricted in t~ how does your organization propose to become me: " see page 8 ==========================================================================~ XIII . ?~ovide a b~ief his~ory/backg=o~~d of the organization: see page 10 =======s============~====================================================== CERTIFICATION: ~~~ 'rojeer Offieer'~ OI-k- - cl TItle, Phone Number: ?~ ? -8",J-)>Ojf"'9' Date: ~~. &.A.'L' 7-;;'9-97 (PA Revised 6/95) -8- 1999-282 REFERENCE V - Summary of Project Description Canto Bello Master Chorale Page 4 The Canto Bello Master Chorale is a growing ensemble chorale that provides a consistent repertory of classical choral works to the community of San Bernardino, as well as the surrounding Inland Empire communities. The Chorale is constantly striving to increase its audience base through advertising in the mass media, personal contact and general mailings. The Canto Bello Master Chorale is constantly working to improve its performance presentation. We hire the Inland Empire Symphony as our accompanying orchestra. We also have performed with the Inland Empire Symphony as part of the symphony concert season and hope to again. We also hire top soloists from the Inland Empire because we feel it is important to give local talent the opportunity to perform. Many of the soloists that the chorale hires have performed in major performance forums including the Los Angeles Opera. The Canto Bello Master Chorale has increased its efforts in advertising and fund raising and continues to strive to improve its funding base and its name recognition. The Chorale proposes to increase its audience base through tailoring its performances to meet the changing and diversifying tastes of the local community. There are now several choral organizations in the San Bernardino area and the Chorale proposes to adjust our focus to capture the audience that is enthused about and will support the small ensemble works. We will also concentrate this year on more collaboration with other choral organizations, including San Bernardino Valley College. We will continue to work in close union with the Inland Empire Symphony and hire the best soloists available. REFERENCE VII - Need Statement The Canto Bello Master Chorale, with additional funding, will be able to reach a wider audience through increased coiIaboration with other organizations this year. We will also be able to increase our advertising efforts which will bring a greater name recognition in San Bernardino and the surrounding Inland Empire. The increased name recognition will bring us a greater funding base which will enable the chorale to increase the number of performances and repertory. The Canto Bello Master Chorale, with additional funding, will be able to ensure that we have a consistent level of expertise in conductor, accompanist and soloists, which in turn will bring increased recognition of San Bernardino's performing arts community. We believe a strongly supported choral organization, which hires the resident symphony, is a necessity. This strong support acts as increased recognition by the City of San Bernardino to the resident arts community and the community at large, as well as, the entire Inland Empire. 1999-282 REFERENCE VIII - Intended Results Canto BeUo Master Chorale Page 5 The Canto Bello Master Chorale anticipates a broader audience base with expanded collaboration. We also expect to have greater name recognition and more extensive funding base from the local population. With the requested funding, the Canto Bello Master Chorale will be able to increase its advertising budget which will be divided among all the various media, as well as, provide proper remuneration for our conductor. We will also be able to ensure that the level of expertise of leadership, accompanist and soloists will remain high. The Canto Bello Master Chorale will be able to promote the performing arts of San Bernardino throughout the surrounding communities of the Inland Empire. 1999-282 REFERENCE IX - Organization Anticipated Expenses CANTO BELLO MASTER CHORALE BUDGET EXPENSES(ANTICIPATED) -1999/2000 Musicians Soloists Director Accompanist Advertising Printing Mail/Postage Rental of Facilities Music Insurance Moving, setup, etc. $21,000.00 3,600.00 5,000.00 4,000.00 4,000.00 2,000.00 2,500.00 3,000.00 2,500.00 1,000.00 750.00 TOTAL 849,350.00 REFERENCE X - Organization Anticipated Income BUDGET INCOME(At"TICIPATED) - 1999/2000 Ticket Sales Donations Advertising Sales Dues(Membership) Music Outside Paid Performances $24,500.00 10,000.00 5,000.00 2,000.00 1,350.00 1,500.00 TOTAL S44,350.00 ANTICIPATED NEED page 6 $5,000.00 , . REFERENCE - Balance Sheet CANTO BELLO CHORALE 1999-282 page 7 BALANCE SHEET. 1998/1999 Beginning Balance 07-01-98 Expenditures: Musicians Soloists Director Accompanist Advertising Rental of Facilities Music Printing Mailing/Postage Bank Fees Fund Raisers Income: Ticket Sales Grant(City) Dues Advertising Sales Music Performances(Outside,Paid) Donations(cash) Fund Raisers Miscellaneous Ending Balance 06-30-98 TOTAL TOTAL $211.00 $8,036.00 700.00 5,000.00 4,000.00 1,773.00 3,750.00 2,886.00 1,906.00 918.00 55.00 3,778.00 $32,802.00 $12,400.00 4,000.00 1,900.00 1,850.00 2,133.00 1,000.00 4,500.00 4,910.00 353.00 $33.046.00 $32.73 1999-282 REFERENCE - 1999/2000 Concert Season CANTO BELLO MASTER CHORALE 1999/2000 Concert Season Programs Canto Bello Master Chorale .November 6/7, 1999 "An Ethereal Experience" "Requiem" - Faure "Mystical Songs" - Vaughan-Williams chorus, soloists, orchestra November 21, 1999 "Celebrating our Heritage" a concert celebrating Veteran's Day chorus, soloists February 12/13, 2000 "Of Love and Longing - A Concert for Lovers" chorus, soloists March 4, 2000 "It's A Grand Night for Singing" Opera and musical theater chorus, soloists May 14, 20, 21, 2000 "Magnificent Mozart" "Grand Mass in C" - Mozart "Vesperae Solemnes" - Mozart chorus, soloists, orchestra ADDITIONAL: March 18, 2000 - 2nd Annual Golf Tournament April, 2000 - 3rd Annual Dinner at the Praque May 13th - .Carmina Burana" with San Bernardino Symphony , 1999-282 REFERENCE - Board Members/Officers 1999/2001 BOARD MEMBERS - CANTO BELLO MASTER CHORALE President Vice- President, External Vice-President, Internal Secretary Treasurer Director Dr. Robb Dennis 950 Sugar Pine Banning, CA 92220 909-849-00 1 I Kathy Charles 39785 Spinningwheeel Drive Murrieta, CA 92562 909-696-7206 Howard Knowlton 446 4th Street Redlands, CA 92373 909-388-4356 Elizabeth Lopez 332 West 48th Street San Bernardino, CA 92407 909-883-4896 Linda Allen 7008 Garden Drive San Bernardino, CA 92404 909-387-7971 Ellen Berry 319 Kelisa Circle Redlands, CA 92373 909-335-0328 Executive Director Charles Bradley P.O. Box 1112 Colton, CA 92324 909-825-0589