HomeMy WebLinkAbout1998-286
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RESOLUTION NO. 98-286
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2 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUlHORIZING TIlE
3 EXECUTION OF AN AGREEMENT WTIH TIlE PRIME TIME CHORALIERS FOR
TIlE PROMOTION OF ARTS AND CULTURE.
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5 BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF
SAN BERNARDINO AS FOllOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized
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and directed to execute on behalf of said City an Agreement with PRIME TIME
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CHORALIERS, a copy of which is attached hereto marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above referenced agreement
13 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
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. 98-286
RESOLUTION OF 1HE CITY OF SAN BERNARDINO AUlHORlZING 1HE
EXECUTION OF AN AGREEMENT WI1H 1HE PRIME TIME CHORALIERS FOR
1 1HE PROMOTION OF ARTS AND CULTURE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at a regular
meeting thereof,
5 held on the 5th day of
October ,1998, by the following vote, to wit:
6 Council Members
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AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
x
LIEN
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10 ARIAS
11 SCHNETZ
12 DEVLIN
13 ANDERSON
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MILLER
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SJM~d1iz{V,~
City lerk '
The foregoing resolution is hereby approved this7Pt-day of
October ,1998. ~
{ '{~_L---
1H VALLES, Mayor
City of San Bernardino
Approved as to form and
22 legal content:
23 James F. Penman,
24 City Attorney
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28 September 22, 1998
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'98-286
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
ERNARDINO, a municipal corporation, referred to as "City" and the
RIME TIME CHORALIERS, a non-profit organization, referred to as
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6 "Organization."
7 The parties agree as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance from
10 ity for the fiscal year 1998-99, in order to assist in defraying
11 he expense of certain concerts, shows, festivals, or events or
12 ctivities sponsored by Organization as set forth in Organization's
13 rant proposal (hereinafter "the proposal") approved by the Fine
14 rts Commission of the City. A copy of said proposal is on file in
15 the Mayor's Office of Cultural Affairs. The terms of the proposal
16 are incorporated herein by reference and shall govern the uses of
17 the funds provided herein. The financial assistance provided for
18 in this agreement is made on a one-time only basis, and receipt of
19 said funds shall not imply a continuing obligation of the City
20 eyond the terms of this Agreement.
21 B. The expenditure is for a valid municipal public
22 to wit: for the promotion of art appreciation in San
23 Bernardino, as more fully set forth in the proposal submitted by
24 Organization.
25 2. Payment. Upon presentation of a claim to the Mayor's
26 Office, City shall pay to Organization from the
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Exhibit "A"
98-286
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GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME
HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE.
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udget for the 1998-99 fiscal year, the total sum of $1,000
ollars, to cover the costs per the Fine Arts grant application
greement.
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Use of Funds. The funds paid to Organization shall be
sed solely for the purposes set forth in Paragraph 1 and in strict
ompliance with the provisions set forth in the agreement. No
eviation from the agreement shall be made without the express
pproval of the City of San Bernardino.
Said funds shall be
xpended by June 30 , 1999, and any unexpended funds shall be
eturned to City by Organization.
4.
Accountinq.
Within 20 days after the completion of the
vent, the Organization shall submit to the Mayor's Office, with a
opy to the Director of Finance, an accounting of the actual
xpenditures connected with said event as it relates to the funds
provided by the City.
Financial records shall be
aintained in accordance with generally accepted accounting
rinciples by Organization in such manner as to permit City to
expenditures of the funds. All books and records
f Organization are to be kept open for inspection at any time
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during the business day by the City or its officers or agents.
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Failure to submit the financial records in accordance with this
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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
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agents from all liabilities and charges,
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98-286
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GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME
HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE.
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xpenses
(including counsel fees),
suits or losses however
ccurring, or damages arising or growing out of the use or receipt
f the funds paid hereunder and all operaticns under this
greement. Payments hereunder are made with the understanding that
he City is not involved in the performance of services or other
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~ctivities of Organization.
Organization and its employees and
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~gents are independent contractors and are not employees or agents
)f the City in performing said services.
Termination.
City shall have the right to terminate
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_his Agreement and any funding remaining unpaid hereunder for any
~eason by mailing a ten-day written notice to Organization and this
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"greement
15 notice.
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improper
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shall terminate ten days after the mailing of such
In the event this Agreement is terminated for reasons of
use of funds or use of funds for any purpose other than
those authorized, any unexpended portion of the funds provided by
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City shall be returned to City.
In addition, Organization shall
reimburse to City any funds expended which were used for any
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in this
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8.
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other than those authorized under this Agreement.
Assiqnment.
Organization shall not assign its interest
Agreement without the prior written approval of City.
Insurance.
Organization shall take out and maintain
during the life of this Agreement such public liability and
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property damage insurance as shall insure City, its elective and
appointive boards, commissions, officers,
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98-286
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GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME
HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE.
gents and employees, Organization and its agents performing acts
overed by this Agreement from claims for damages for personal
njury, including death, as well as from claims for property damage
hich may arise from Organization's or its agents' operations
ereunder, whether such operations be by Organization or its agents
r by anyone directly or indirectly employed by either Organization
r its agents, and the amounts of such insurance shall be as
ollows:
(a)
Public Liability Insurance.
In an amount not less than
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$1,000,000 for injuries, including, but not limited to, death, to
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ny one person, and subject to the same limit for each person, in
n amount not less than $100,000 on account of anyone occurrence;
(b)
Property Damage Insurance. In an amount of not less than
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$50,000 for damage to the property of each person on account of any
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one occurrence.
(c) Workers Compensation. Organization shall provide workers
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compensation insurance in the amount required by state law if the
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funds provided hereunder are to be paid as salary to any employee
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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 provided
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.
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. 98-286
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GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME
HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE.
9.
Obliqation.
Organization hereby covenants that it has
adherence
to
the
the
actions
necessary
to
make
all
aken
bligations imposed by this agreement a binding obligation of the
rganization.
10. Notices. All notices herein required shall be in writing
nd delivered in person or sent by certified mail, postage prepaid
ddressed as follows:
As to City:
As to Organization:
Mayor's Office
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Jack Henley
Prime Time Choraliers
337 E. 40th St.
San Bernardino, CA 92407
11. Entire Aqreement.
This Agreement and any documents or
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instruments attached hereto or referred to herein integrate all
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terms and conditions mentioned herein or incidental hereto,
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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
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r instrument, the terms and conditions of this Agreement shall
revail.
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of
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12.
Non-Discrimination. Organization agrees that for the term
in
employment,
it
not
discriminate
shall
this
Agreement
hiring,
admission practices,
advertising or in any
recruitment,
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other manner on the basis of race, color, creed, religion, national
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DATED:
origin,
sex,
physical handicap, or marital status.
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98':286
1 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME
HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE.
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9 TTEST: ~.JJ. ClcuL
Rachel G. Clark" City Clerk
10 tJ ~hvdvitU;~!t
11 ORGANIZATION
CITY OF SAN BE7NARDI 0
~{ (j
h Valles, Mayor
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pproved as to form
14 nd legal content:
15 AMES F. PENMAN
ity Attorney
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98-286
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PERFORMING ARTS - GRANT APPLICATION FORM
City of San Bernardino - Fine Arts Commission
=============================================================================
I. Applicant Organization (Name,
Address, etc.)
II. Contact Person Jack Henley
Title Presidpnt
Phone: (909 ) 883-8827
PRIME TIME CIIORALIERS
337 E. 40th Street
San Bernardino, Ca 92407
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III.
Program Category Under which
Support is requested:
Performing Arts
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Phone: ( 909) 883-8827
Non-Profit I. D .95-6000-772
Number of Years in existence 12
IV. Period of Support Requested
Sept. 1, 1998 through Julu 18, 1999
Starting Ending
=============================================================================
V. Project Descriptions:
City of San Bernardino Parks and Recreation, Choral Music, consisting of Senior
members, with an average age of 75, singing in four and six part harmony. Men's
and Women's Octet groups, performing at smaller functions.
=============================================================================
VI. Estimated number of persons expected to benefit from this
program/project: 3000
a) Number of persons by paid attendance: -0-
b) Number of persons by free complimentary admission: 3000
c) Number of performances scheduled: 25
d) Total attending all performances ([a] plus [bJ): 3000
=============================================================================
VII.
Need Statement:
This organization is composed of Senior Citizens from the San Bernardino area,
offering appropriated expression of music in the lives of it's members, Church
Clubs, Social, Civic Groups. Convalescent Homes, Hospitals and Schools, etc.
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VIII. Intended Results:
Choral Music Appreciation, Expression and Entertainment
===========================================================================
(PA Revised 6/96)
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^ 98-286
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IX. Total anticipated expenses for this period:
Fixed Assets/Rentals or Leases
$ 500.00
$ 100.00
$ -0-
$ 700.00
$ -0-
$ -0-
Salary & Wages
Supplies & Material
Travel
Outstanding loan payments
Fees & Other
TOTAL COSTS $ 1,300.00
============================================================================
X. Total anticipated income for this period:
Most Recent This
Fiscal Period Fiscal Period
Income from performances $ 900.00 $ 800.00
Revenue (stocks, bonds, rentals, etc. ) $ -0- $ -0-
Grants $ 1,300.00 $ 2,000.00
Contributions $ 1,229.00 $ 1,200.00
Funds from Support Groups $ 744.00 $ 700.00
Other $ 69.00 $ 30.00
TOTAL INCOME $ 4,242.00 $ 4,730.00
=========================================================================
XI. Amount requested from the San Bernardino Fine Arts Commission:
a)
Total Costs (Section IX)
$
1.300.00
Percentage
b) Total Income (Section X) (-) $
requeste~~~~;;;;s'~~~~['a-] minus [b]) $
(Amount Requested divided by otal-Costs)
4;242.00
2,942.00
)
2.26
..
o
============================================================================
(PA Revised 6/96)
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9.8-286
List Board of Directors and Officers
(Include names, addresses and phone numbers)
PRESIDENT JACK D. HENLEY 337 W. 40th St.
San Bdna., Ca 92~
(909)883-8827
VICE PRESIDENT LOU BEEMER 855 Cedar Ave.
Redlands, Ca 923~
(909)792-1088
SECRETARY LUCILLE POTTS 2815 Alameda St.
San Bdna., Ca 92~
(909)883-2140
MUSIC DIRECTOR .10 STEWART 1122 E. 26th St.
San Bdna., Ca 924
(909)883-6671
ACCOMPANIST JACK RODGERS 3396 Mt. View Ave
San Bdna, Ca 924(/
(909)882-8894
LIBRARIAN JERRY SHARP 1001 Chandler Wes
Highland, Ca 9234
(909)862-8851
PROGRAM SCOUT. ELOISE MAURER 3835 Del Rasa AvE'
San Bdna., Ca 924
(909)883-2343
HISTORIAN & FOUNDER MILLIE MARSHALL 2617 Davidsan Ave
San Bdna., 92405
(909)882-7496
TREASURER SHERMAN FITZGERALD 400 Marcia St.
Redlands, Ca 9237
(909)792-1983
(PA Revised 6/96)
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XII. Amount per person to be subsidized by Fine Arts grant:
Amount requested (Section XI Line [c]) divided by
number of people attending (Section VI Line [d])
$
.98
;;;;========================================================================
XII. Future objectives:
As availability of city funds will be increasingly restricted in the
foreseeable future, how does your organization propose to become mace
self-sufficient?
We would have to ask for donations.
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XIII.
Provide a brief history/background of the organization:
The Chorus was formed in 1986 and was an out-growth of AARP 2083.
It was made up from AARP 2083 men and women around the San Bernardino area. The
Chorus receives support from it's members, support groups and Fine Arts Commission
under the San Bernardino Cities I.D. #95-6000-772.
===========================================================================
Project Officer:
Title:
President
CERTIFICATION:
Phone Number:
Date:
July 29, 1998
(PA Revised 6/96)
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