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Home My WebLink About1991-387 1 2 3 4 5 6 RESOLUTION NO. 91 387 RESOLUTION OF THE CITY EXECUTION OF AN AGREEMENT ASSOCIATION FOR THE PROMOTION OF SAN BERNARDINO AUTHORIZING THE WITH THE INLAND EMPIRE SYMPHONY 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 7 hereby authorized and directed to execute on behalf of said 8 city an Agreement with the Inland Empire Symphony Association a 9 copy of which is attached hereto, marked Exhibit "A" and 10 incorporated herein by reference as fully as though set forth 11 at length. 12 SECTION 2. The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the 14 agreement fail to execute it within sixty (60) days of the 15 passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 19 Bernardino at a regular meeting thereof, held on the 3rd day of September , 1991, by the following vote, 20 to wit: 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. COUNCIL MEMBERS: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES x x x x x x NAYS ABSTAIN ABSENT y {J.(fKlu-{ 1K:~"d_"'-(f city Clerk The foregoing resolution is hereby approved this 5th day of September Approved as to form 20 and legal content: 21 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney I~ , I BY: , 1991. / , / / -,,," W.' R. Holcomb, Mayor City of San Bernardino . " City Res. 91-387 AppliV''It OrprUzaUlll'l MI_, ~ . Inland Empire Symphony Assoc. 362 West Court Street San Bernardino, CA 92401 Phane 1R1 :i1RR CA State Nan-t'ro.tit 101956153923 Number 01 Yan in fxistence 10 ORCANlZA nON CRA~" APPUCA nON FORW II. CanQct PWaKl Susan Fel er TitJeExecutive Dir. Phone 381~388 m. Procram c.tepy Under Vhic:ilSuppon ia RequestecU Music ~1Od o~ Support ltequesteQ July 1, 1990UWu June 30, 1991 tstartln~ ~~ v. Sum~ o~ Project DescriptiaN The $65,000 requested will assist in sustainlng the IESO's succesful programs which are documented in attachments to this proposal. Activities include: subscription series; elementry school music programs serving 8,000 ~tudents; a variety of community activities. VI. Estim&teci number o~ per30lW ~ to bene.tit from uu. prosr-/projecu hn nnn a) Number 01 pet3lll\S by pAid attendanCIII 35,000 b) Numo.r 01 persons by free or compWn8ltary admiMiona 25 000 VB. Need SQtem8lc Of significant importance to the positive development of an artistic community is the existence of a professional orchestra which is availablE to produce its own programs as well as assist other performing groups. VUI. lnt.encied ResWU: Enhance the image of San Bernardino;provide quality entertainment to its citizens; create a positive impact on economic development; help other performing arts groups through artistic and administrative assistance. IX. Summary 01 Estimateci Casu: TOTAL COSTS OF PROJECT A. Direct Casu (concert product ion) s.Juiesand wages (artistic and administrative) SuppHes a: Materi.als Travel Fixed Assets/Rentals or "Leases Fees and Other B. Indirect CoSU TOTAL DIRECT COSTS TOT AI. PROJECT COSTS X. Orpnizaticn anticipateci flniing/ezpensesa A. Expenses B. Rev8lues, Crants, Contributions, etc. Actla! Most Recent Fi.sc.a.I Period $ 446.362 $ 453,107 67,150 JO"',l~l 5 000 1 500 12 000 16 939 481 710 481 710 Estimated TlUs Fiscal Period $ 481.710 $ 491.450 XI. ToW amount requested from San Bernardino Clty Fine Aru Commission NOTE: AmOUlt Requested $ 65" 000 Plus toW revenues, Si16. 710 grants, contributions, etc. Must equal tow project $ 481.710 costs above '" XD. CERTIFICATIONs Project Officer Phone Number Title Executive Director Date August 1. 1990 362 W. Court Street San Bernardino. CA 92401 (714\ 381-5388 INLAND EMPIRE SYMPHONY ASSOCIATION BALANCE SHEET JUNE 30. 1':1':10 ASSETS CURf<:ENT ASSETS CASH IN CHECKING CASH IN SAVINGS RECEIVABLES PREPAID EXPENSES 19.7'34.0b 113.336.15 22.000.00 ':1.'320.':16 TOTAL CURRENT ASSETS 165.051.17 RESTRICTED ASSETS CASH IN PIANO FUND 16.260.00 TOTAL RESTRICTED ASSETS 16.250.00 FIXED ASSETS FURNITURE AND FIXTURES A(~UMULATED DEPRECIATION 13.838.08 (6.0';30.00) 7.748.08 TOTAL ASSETS 18':1.05'3.25 -------------- -------------- LIABILITIES AND FUND BALANCE ---------------------------- CURRENT LIABILITIES PAYROLL TAXES PAYABLE ACCRUED EXPENSES DEFERRED REVENUE 90/91 DEFERRED REVENUE-LUCIA DEFERRED CONTRIBUTIONS DEFERRED REV-SINFONIA ' '31 1.082.84 5.666.70 57.331.13 4':10.00 125.00 560.00 TOTAL CURRENT LIA8ILITIES 66.255.57 FUND BALANCE UNRESTRICTED FUND BALANCE RESTRICTED FUND BALANCE NET INCOME (LOSS) '38.363.3U 15.250.00 8.180.28 -------------- TOTAL FUND BALANCE 122.803.58 TOTAL LIABILITIES AND FUND BALANCE 18'3.059.25 -------------- -------------- .. 1989-90 1990-91 II. EXPENSES Actual proposed ARTISTIC EXPENSES Musicians $195,203 $206,910 Conductor 44,350 43,500 Librarian 718 1,000 Guest Artists 32.650 28.000 TOTAL ARTISTIC EXPENSES $272.921 $279.410 CONCERT PRODUCTION Hall Rental $ 12,988 $ 15,000 Box Office 175 175 Stage Manager 2,950 3,000 Stage Hands 5,758 6,500 Instrument Rental 2,060 2,500 Music Rental 3,939 4,000 Equipment Moving 2,940 3,000 Recording 424 500 Program Books 10,055 11,500 Ticket Printing 637 575 Insurance 3,916 4,400 Musician's Benefits 13,655 15,000 Miscellaneous 2.586 1. 000 TOTAL CONCERT PRODUCTION $ 62.083 $ 67.150 MARKETING Advertising $ 1,981 3,500 Promotional Materials 4,243 12,000 Office Supplies 5,345 5,000 Postage 4,992 5,350 Receptions 2.164 3.500 TOTAL MARKETING $ 18.725 29.350 ADMINISTRATIVE EXPENSES staff Salaries $ 62. 071 $ 72.000 Taxes 9,549 7,200 Rent 12,000 12,000 Telephone 3,269 3,600 Auto/Travel 327 1,500 Dues and Subscriptions 1,162 1,000 Meetings 727 2,500 Credit Card Fees 1,424 2,000 Depreciation 2,049 2,000 Capital Acquisitions 55 2.000 TOTAL ADMINISTRATIVE EXPENSES $ 92.633 $105.800 TOTAL EXPENSES $446.362 $481.710 I I i , INLAND EMPIRE SYMPHONY ASSOCIATION ORGANIZATIONAL BUDGET 1989-90 Actual 1990-91 proposed I. REVENUE TICKET SALES Subscription Sales Single Ticket Sales Individual Events Contractual Revenues TOTAL EARNED REVENUE $ 74,790 9,527 39,394 101. 037 $224.748 $ 75,000 10,000 40,000 100.000 $225.000 OTHER EARNED REVENUES Program Book Ads Interest Income Special Projects Miscellaneous Income TOTAL OTHER EARNED REVENUE 12,013 5,405 3,755 3.711 $24.884 12,250 5,000 10,000 3.000 $30.250 GOVERNMENTAL FUNDING State City (Symphony) TOTAL GOVERNMENTAL FUNDING $ 10,726 80.000 $ 90.726 $ 10,000 80.000 $ 90.000 CONTRIBUTED INCOME Guild Contribution Board contributions Individual Contributions Foundations Corporate TOTAL CONTRIBUTED INCOME $ 10,000 15,570 23,080 39,999 9.100 $ 97.749 12,000 3.000 $15.000 $ 10,000 20,000 20,000 50,000 30.500 $130.500 IN-KIND CONTRIBUTIONS Office Space Miscellaneous TOTAL IN-KIND CONTRIBUTIONS 12,000 3.700 $15.700 TOTAL OPERATING REVENUE $453.107 $491.450 6/30/90/!:lsf -1- Pine AnI C4mmiSUcln ...... "~ . i\.A'O CAANT Ai'PUCA nOf-l FO """ R~ Apttli~"t Orpniution ~., MGnIsII, arc~ PIIone J1H-0388 Sinfonia Mexicana 362 West Court Street San Bernardino, CA 92401 ID. JIroIfUl Ciwpy Under Which S iaRequestllda Music/Visual Art:"part ~1oOG 01 ~uppon aequateG December,90 tIIru July, 1991 ~wtin&l ~&I Phane 381-5388 CA State N-c'rotit 10' 95-6153923 Numo. 01 Yeus in Existence seven Y. SlIIIlIMI'y 01 Project Descriptian& Funds will be used to produce a series of three Sinfonia Mexicana concerts, a student program, a Tijuana tour, the commissioning of a work by a Mexican composer, a juried art show, and expansion of marketing and fund-raising activities. . VI. Estimated numo. o1l*JOoIS upected" to bene11t from uu. proVam/projecu 6 ,000 a) Nwnber 01 penons by p&id attandancea 4 000 b) Nwno. 01 pecsans by free or campjimental'y adm;-'oru 2.000 YJL Need sutemenu A recent survey conducted by the National Endowment indicates that Hispanics rarely participate in cultural activities and therefore are not entering the mainstream of the arts community. Sinfonia Mexicana serves to eliminate this " " "" io of the His anic communit in louaLarts act VIII. Intended Re$Uitsl (1) increase the participat ion of Hispanics in t e per orm~ng arts; (2) increase appreciation of Mexican art and music; (3) involve broader segments of the community in cross-cultural sharing; (4) recognize San Bernar- dino's rich Hispanic heritage; (4) promote cultural exchange with Mexico. IX. Summvy 01 Estimated Cosua A. Direct Costs s.L;uies ~d wages Supplies .t Ma cerWs Travel Fixed Assets/Rentals or "Leues Fees ~d Other TOTAL COSTS OF PROJECT 400 8 00 26 925 625 7 5 0 7 5 TOTAL DIRECT COSTS 156 750 8. Indirect Costs TOTAL PROJECT COSTS 156 750 X. Organization ~tic:ipated fwwUng/expensesa A. Expenses 8. Revenues, Crants, Contributions, etl:. Actua! Mast Recent Fisc&.I Period $ 50,576 $ 52,619 Estima tee TIUs Fiscal Period $ 156,750 $ 160,800 XL Tow amount requested from San BernudUlo Clty Fine Aru Commission NOTE: AmOU'lt Requested $ 20,000 Plus taw revenues, $ 140, 800 grants, contributions, etc. Must equal taw project $ 160,800 cosu above XD. CERTIFIc..\nON:~ . 1JJ~ Project Officer ilJJ 0/Y1 Phone Number 81-5388 Tltle Executive Director Daw Aue:ust 10 1990 Inland Empire Symphony Association 1991 SinfonlaMexicana Budget I. Expenses -\~. J December Janvary 'June Total a. ConCert Series >", ~ -' Musicians $21,000. $20,000. $34,000 $75,000 Payroll taxes 2,100. 2,000. 3,800 7,900 Conductor 4,000. 4,000. 4,500 12,500 SOloist 4,000. 3,500. 3,500 11,000 Commissioned worlls 2,000 2,000 Music rental 350. 200. 1,000 1,550 . Theatre 1,500. 1,500. 4,500 7,500 Advertising 1,000. 1,000. 2,500 4,500 Printing 1,500. 1,200. 3,000 5,700 Postage 350. 350. 700 1,400 HospitaBty/per deim 700. 1,000 1,700 Stage hands 750. 750. 1,500 3,000 Stage Manager 450. 450. 900 1,800 Box office 25. 25. 75 125 Insurance 300. 300. 450 1,050 Overhead 800. 800. 2,300 3,900 Administrative 2,000. 2,000. 4,000 8,000 Tquana Trans/per deim 2,625 2,625 COI1C8Il Preview Dinners 1.500. 1.m 1.500 ~ TOTAL CONCERT PRODUCTION ID.625 ~ ma5ll $156 750 b. Art Show Curator 2,000 2,000 Security 1,500 1,500 Promotion 1,000 1,000 Opening night reception OOQ aoo TOTAL ART SHOW PRODUCTION ~ ~ II. Income TICket Sales $15,000 $15,000 $30,000 $60,000 lodividual Contributions 5,000 5,000 10,000 $20,000 Foundation Grants 10,000 10,000 10,000 $30,000 Challenge Program 8,333 8,333 8,334 $25,000 City of San Bernardino 5,000 5,000 10,000 $20,000 County 1;800 $1,800 Sinfonia Menlberships 3,000 $3,000 Dinner Tickets .LQQQ .LQQQ .LQQQ am TOTAL REVENUE mm mm lli.U! $162800 'includes 2'back-to-back school performances, two public performance and Tijuana performance , Sinfonia Mexicana Income statement por the 12 Months ended June 30, 1990 I. Income Ticket Sales Individual Contributions Foundations Program Ads City of San Bernardino California Arts Council 24,660 4,060 6,849 50 15,000 2,000 TOTAL INCOME 852.619 II. Bxtlenses Orchestra Payroll Taxes Benefits/Musicians Insurance Musicians Travel Conductor Soloist Guest Artist Expenses Hotel Expenses Box Office Stage Manager stagehands Librarian Theatre Rent Office supplies Administration/Overhead Printing Postage Telephone Receptions/Concert Preview Advertising Program Book Equipment Transportation Commission/Music Ticket Printing Recording 21,474 1,428 305 950 680 2,850 500 407 850 25 900 672 263 2,200 283 5,600 1,500 850 636 2,164 1,432 500 484 3,000 239 394 \, TOTAL BXPENSBS 850.576 ." s.n l!Iemudiroo City P.. Aru Commission OR~ANIZA nON caANT. AR~LJ'" .n....... , '...... '"'" FOR.. " Appu...."t Qrpnizatian tact ... Charles Eisen ar Title Chairman Phane ::HH-0388 Inland Empire Opera Alliance 362 West Court Street San Bernardino, CA 92401 Phane 381-5388 CA State NorHtrofit ID' 95-6153923 Number of YUI'S in ExistenCll 4 m. Proanm Catepy Under Which Support is Requestedl opera/musical theater ~ioG of Suppon aequuuo October , 90 tIlru February, 1991 CSt.vtinaJ ~aJ Y. Sum~ of P1'ojec:t Ouc:riptiGN $10,000 is requested to present a performance of Doni:1Btti's opera "Lucia de Lammermoor", performed by the San Francisco Opera Center on January 31, 1991. Funds will be used specifically for artistic and promotional expenses and related educational projects. VI. ESWnated number of l*'1Ill1a expected. benefit from this prosram/projecU 2 ,200 a) Number of petsans by paid attMdanCllJ 250 b) Number of petsans by free or compWnenUl'y admissioN 1,950 VB. Need statemena As the Inland Empire's only organization presenting fully-staged opera, the Alliance believes quality opera is essential to building community pride and artistic maturity. This present ion of "Lucia" will represent the only , w' 1 be resented in San Bernardino this ear. VU Intended ResuitSl (1) present high-quality opera in San Bernardino in a cost-effective manner; (2) provide an opportunity for students and senior citizens to enjoy special performances; (3) promote family involvement; (4) promote image of San Bernardino as a cultural center IX. Summary of Estimated COS1SI A. Direct Costs (concert product ion) ~ies and wages Supplies .t Materials TraveJ Fixed Assets/Rentals or 'Leases Fees and Other TOTAL COSTS OF PROJECT B. Indirect Cosu TOTAL DIRECT COSTS TOTAL PROJECT COSTS 8 100 1'1 500 1 800 -0- 1. 500 3 000 27 900 " ann 30 800 X. Organiz.atian anticipated fundin&lespensesa A. EspeNa B. Revenues, ~rants, ConU'ibutiGnS, etc. Ac:tUa! Most Re<:ent FiIcaJ Period $ 25 , 804 $ 25 ,447 Estimated This Fisal Period $ 30,800 S J.l,UUU Xl. Tow amount requested from San Bernardino City Fine Arts Commission NOTE: AmOW't Requested $ 10,000 Plus toW revenues, $ 20 800 gants, conU'ibutions, etc. Must equaJ toW project $ 30 . 800 costs above XlI. CERTlFICAnONa Project Officer Phane Number Tide Executive Director Date August 14, 1990 i 'f rHLAHD BMPrRB OPBRA ASSOCrATrON 199 lOP BRA T r N G BUD G B T Januarv 31. 1991 nroduction ot Lucia di Lammermoor rNCOMB City of San Bernardino County of San Bernardino Foundation Grants Corporate Contributions Individual Contributions Ticket Sales TOTAL rNCOMB EXPENSES San Francisco Opera Theatre rental Stage Hands Stage Manager Program Book Postage Promotion/Advertising Office supplies/stationery Ticket Printing Box Office Personnel Educational Performances/Materials Opera Preview Administration/Overhead Receptions for Guild development TOTAL EXPENSES 5/1/90/bsf $ 5,000 2,000 5,000 2,500 1,500 15,000 $13,500 1,500 1,750 725 1,500 1,500 2,500 1,800 75 50 2,200 500 3,000 200 $31.1100 $30.800 ; ,. ~-'''' Inland Empire Opera Alliance Income Statement ~ For the 12 Months Ended June 30, 1990 I. Income Ticket Sales City of San Bernardino Individual Contributions $14,689 10,000 500 TOTAL INCOME II. Expenses Western Opera Theatre Box Office Stage Manager Stagehands Theatre Rent Advertising/Promo Program Book Administrative Overhead $12,500 25 250 1,229 1,095 165 491 5,000 5,000 TOTAL EXPENSES $25,189 $25,755 , oPERA CENTER DONIZETTI'S LUd~IA LAMMERMOOR "San Francisco Opera has every reason to be proud of its offspring's showing." - The New York Times - LUCIA DI LAMMERMOOR, based on Sir Walter Scott's 17th-Century novel, Bride of the Lammermoor, is the powerful story of a feud between noble Scottish families and a tragic love thwarted by an arranged marriage which ends in murder and madness. "Western Opera Theater produ<:tions should engage all operagoers, In addition to catching a group of rising stars you also get a rare opportunity to experience a classic produ<:ed without directorial indulgence." - San Francisco Examiner - WESTERN OPERA THEATER represents the incredible talent of the most outstanding YOUlll American singers; the craftsmanship of artisans of the San Francisco Opera and over 23"" of professional touring experience - providing communities nationwide with the finIlIt opera touring company in the United States, Western Opera Theater. the professional touring company of the San Francisco Opera Center. was founded in 1967 wicb die lIIisIaoce of a grant from the National Endowment for the Arts. WOT has toured every year since with contiaued support from me NEA and the California Arts Council. bringing fully staged opera in English to communities tha1 might not otherwise experiCDCe live opera. Western Opera Theater receives funding assistance and presenter services from the Western. Stales Federation. Western Opera Theater. under the auspices of the imenwionally renowned San Francisco Opera. Lotti Mansouri. Genera! Director. has traveled the length and bnoadlh ofdJe United Slate., BRINGING TIlE EXCITEMENT OF OPERA to more than lWomiUion people: WOT bu praenlcd over 1500 performances of 35 operas in over 450 communities. PtlftionIoflllil.... by' Weswm Open n..er~ under !he manqanmaof ICM Aztida. Ud.. w~ Open Theuer is die IOUrinI amllMe oftht s. fnKiKa 0peraCee8er, and is Ihe lec:ipienl of deeply lfl'PnlCiIICld gnnlI from the NIlioftII. Endowmmt flJl"tbe Arts; deCaiifonUa AnsCounciJ; at dles..ffIIICaICOHoeeITuFulld. r.p.: U.-...- Art 0....... Font 1919 I rr@J8'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 Res. 91-387 AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the Inland Empire symphony Association a non-profit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance from City for the fiscal year 1990-91, in order to assist in defraying the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organization's grant proposal (hereinafter "the proposal") approved by the Fine Arts Commission of the City, a copy of which proposal is on file in the 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 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 promotion of music in music appreciation in San Bernardino, as more fully set forth in the proposal submitted by Organization. 2. Payment. Upon presentation of a claim to the city Finance Director, City shall pay to Organization the total sum -1- 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 of eighty thousand dollars ($80,000), to cover the costs per the Fine Arts grant application agreement. It is understood that payment by the City to the Inland Empire Symphony shall be made after July 1, 1991; and as mutually agreed to by the City Administrator and the Inland Empire Symphony Association. 3. Use of Funds. The funds paid to Organization shall be used soley for the purposes set forth in Paragraph 1 and in strict compliance with the provisions set forth in the proposal. No deviation from the proposal shall be made without the express approval of the City of San Bernardino. Any unexpended funds shall be returned to City by Organization. 4. Accountinq. At such time or times as may be requested by the city Administrator or Director of Finance of City, Organization shall submit to the City Administrator, with a copy to the Director of Finance and the San Bernardino Fine Arts Commission, an accounting of the proposed and actual expenditures of all revenues accruing to the Organization for the fiscal year ending June 30, 1991. Financial records shall be maintained in accordance with generally accepting accounting principles by Organization in such a 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. 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, expenses (including counsel fees), suits or losses however occuring, or damages arising or growing out of the use or receipt of the -2- 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 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. 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 the 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 the funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purposes other than those authorized under this Agreement. 7. Assiqnment. 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 as shall insure city, its elective and appointive boards, commissions, officers, agents and employees, organization and its agents performing acts covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operations hereunder, whether such operations be by Organization or its -3- 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 agents 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 than $100,000 for injuries, including, but not limited to, death, to any one person and, subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence; (b) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of anyone occurrence. (c) Compensation. Organization shall Workers provide workers compensation insurance in the amount required by state law if the funds provided hereunder are to be 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 provided hereunder. 9. 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: City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 As to Organization: Inland Empire Symphony Assoc. Attn: Susan Feller 362 W. Court San Bernardino, CA 92401 -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 AGREEMENT RE: INLAND EMPIRE SYMPHONY ASSOCIATION 11. Entire Aqreement. This Agreement and any 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 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, practices, admission advertising or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: SfP16J'l'II ATTEST: CITY OF SAN BERNARDINO ~:.re~y Q~.~~~ Cit~Clerk Organization Approved as to form and legal content: ?f!AD(YY! ~ ~d14u~ 25 JAMES F. PENMAN City Attorney 26 27 28 fc~ -5-