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HomeMy WebLinkAbout1991-460 1 2 RESOLUTION NO. 91-460 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 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 Inland Master Chorale a copy of which 9 is attached hereto, marked Exhibit "A" and incorporated herein 10 by reference as fully as though set forth at length. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18th day of November , 1991, by the following vote, to wit: / / / / / / / 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 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSEN1' ESTRADA x REILLY L- HERNANDEZ L- MAUDSLEY L- MINOR -'L- POPE-LUDLAM x MILLER ~ a~~t~ The foregoing resolution is hereby approved day of November I 1991. Approved as to form and legal content: JAMES F. PENMAN City Attorney fl /'/.-. I t:'7V"-c<-.... 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. 91-460 AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and Inland Master Chorale, 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 1991-92, 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 art appreciation in San Bernardino, as more fully set forth in the proposal submitted by Organization. 2. Pavment. Upon presentation of a claim to the City 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 Finance Director, city shall pay to Organization from the budget for the 1991-92 fiscal year, the total sum of one thousand five hundred sixty five dollars, to cover the costs per the 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 proposal. No deviation from the proposal shall be made without the express approval of the City of San Bernardino. Said funds shall be expended by June 30, 1992, and 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 3D, 1992. 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 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 employees and agents from all liabilities and charges, 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. 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 of this Agreement such public maintain during the life 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 liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, permittee 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 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 anyone 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) Workers Compensation. Organization shall 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. 4 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 1 2 3 9. Obliqation. 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: City Administrator city of San Bernardino 300 North "D" Street San Bernardino, CA 92401 Inland Master Chorale Attn: Gary E. Gaut P.O. Box 8191 San Bernardino, CA 92412 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, practices, hiring, admission advertising or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: 5 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND INLAND MASTER 2 CHORALE. 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 ATTEST: Q~ P'Jh- 'ty Clerk Approved as to form and legal content: JAMES F. PENMAN City Attorney By: .. (' (;/)/2'~1'--fJ' CITY OF SAN ORGANIZATION ,', ...,./.,'-~/ lcomb, Mayor DEe 30 :S51 ytlm 1/, b2"t'i,,& ) '?h~{:{L":C 6 City.of San Bernardino " Fine Arts torrrnis'sion . Or~anization Grant "Apolication"Form For Perfo.g Arts I I. Contact Person Garv E. Gaut TitlE!'FllnMna ." Phone 382-442"3 Coordinator III. Program Category Under Which Support is Requested: Music IV. Period of Support Requested June 5,1992 thru June 6, 1992 Starting Ending V. Summary of Category Descriptions A well designed concert^6f choral "popular" at Sturges AUditorti!um on June 6,1992 with selections aimed at senior citize,lL and current students of choral music,'-but also appealing to all patrons of good chor~l music. I. Applicant Organization (Name, Address, etc. ) Inland Master Choral~ P.O. Box 8191 San Bernardino, CA 92412 Phone 8~2-5113 CA State Non-Pro1'-i t 10 i' I Number of Years tn Existence @ VI. Estimated number of persons expected to benefit from this program/project: 1nn a) Number of persons by paid attendance: 275 b) Number of persons by free or complimentary admission: ?'i VII. Need Statement: With the advent of rock music and highly'amplified and electronic sourtd systems, there are few groups who offer senior citizens and curfent students the opportunity to enjoy the~WorldeffOl sourlds of pure7iegitimate voices in a stage setting. This is not available throuoh oth~r IJll.;Cll :-illll r'pf-:'R '.". VIII. Intended Results:Provide C!oncert attendees with a relaxing evening of light and Wonderful choral music composed by perhaps some of the more famous popular music composers. Expected audience of 300 at this single performance will be the general public of San Bernardino. X. XI. XI I. 344 11 IX. Summary of Estimated Costs: A. Direct Costs Salaries & ~aoes ) Supplies & r~aterials (m~s;'I.) p-,.;,JJ/tfj,e-!c. ~~~~~\ssests/Rental s or Lease~ l~J,ul'J>fS l?"tJW) Fees & Other(i~.......~..,.t, i. oHc:.rllllSC.hoTAL DIRECT CDS7S B. Indirect Costs TOTAL PROJECT COSTS Organization Anticipated Funding/Expenses: A. Expenses B. Revenues. Grants, Contributions, etc. Total NOTE: Amount Requested From San Bernardino Amount Requested S PI us total revenues, S grants, contributions,etc. Must equal total project S costs above. " CERTIFICATIQN: Proj ect Off' cer Phone Number E: TOTAL COSTS OF PROJECT S S S S S S S S 1 Q 1 ~ QQ ??7r:. n(\ n 1'.3 ht;,() on 47'i nn 'i?l'i nn Actual Most Recent FisCal Period S 5215.00 S 3650.00 Estimated This Fiscal Period S 5215.00 S 3650.00 ~~,3 City Fi ne Arts 1565.00 3650.00 5215.00 COli'mission: ~ p.3 Title Fundinq Coordinator ~~& " nor.. Eeptemb0r 12, 1991 . . PROJECT BUDGET Concert: "Night at the Pops" L Expenses: Rehearsals: pianist @ $66.00 Director @ $99.00 Performance: pianist @ $66.00 Director @ $99.00 Publicity/Printing (Tickets, Programs, Flyers, etc.) Music Purchase Facility Rental Concert Recording Miscellaneous Total Project Expenses Income: Prorated Season Ticket Sales Concert Ticket Sales Donations/Grants Total Income Project Loss $660.00 990.00 66.00 99.00 625.00 1600.00 650.00 375.00 150.00 $5215.00 $400.00 2700.00 550.00 (fJ) $3650.00 @ ($1565.00) ~ ~ 'STATE OF !;;ALIFORNIA FRANCHISE TAX BOARO SACRAME"TO CALIFORNIA 95867 . . ~'~.'/:;.. ;~..~~ S~-'.:l.< I".~~ .7 ,"""-,;. ;. April 22. 1981 In reply refer to 344:ST:mh:g - .... Inland Choral Music Education. Inc. 1794 Sonora San Bernardino. CA 92404 .--- (' Purpose Form of Organizatio~ A~~ountin~ Period ~~~in~t Organization Number' Educational Corporation On the basis of the information submitted.and provided your present operations continue unchanged or conform to those proposed in your application. you are exempt from state franchise or income tax under Section 23701d. Revenue and Taxation Code. Any change in operation. character or purpose of the organization must be reported immediately to this office so that we may determine the effect on your exempt status. Any change of name or address also must be reported. You are required to file Form 199 (Exempt Organization Annual Informatibn Return) or Form 199B (Exempt Organization Annu~l Information Statement) on or before the 15th day of the 5th month (4 1/2 months) after the close of your accounting period. See annual instructions with forms for requirements. You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax under Section' 23731 of the Code. In this event. you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 15th day of the 3rd month (2 1/2 months) after the close of your annual accounting period. If the ~~~ani2ation is ineo~po~atingl this apr.~~val will ex~i~e u~les~ incorporation is completed with the Secretary of State within 60 days. Exemption from federal income or other taxes and other state taxes requires separate applications. Robert Lute. Manager Exempt Organization Section Telephone (800) 852-5711 cc: Kenneth E. Skousen Secretary of State Registrar of Charitable Trusts --- - FTB 4206-ATS (,-78) 'd ~.I 1r.1:ernal"Re\'enue Service , '- District Director ' . Department sf the Trea;,ury . Olte: eEe G 1993 Our Letter Dated: April 2, 1982 Penon to Contact: T. Ciolek Contact T eJephone Number: (213) 688-4152 l> Inland Choral Music Education Inc. 924 Eastwood Street Redlands, CA 92373, Gentlemen: This modifies our letter of the above date in which we'stated that you would be treated as an organization which is not a private foundation until. the expiration of your advance ruling period. Based on the information you submitted. we have determined that you are not a priyate foundation within the. meaning of section 509(a) of the Internal Revenue Code, because you are_an organization of the type described in section 509(a)(1)** . Your exempt status under section 501/c)(3) of the code is still in effect. Grantors and contributors may rely .on this determination until the Internal Revenue Service publishes notice to the contrary. However. a grantor or a contributor may not rely on this determination if he or she was in part responsible for. or was aware of, the act or failure to act that resulted in your loss of section 509(a)(1)** status. or acquired knOWledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509(a)(1)** organization. Because this letter could help resolve any questions about your private foundation status. please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours. tu?) &~ District Director -** and section 170(b)(1)(A)(vi). , P.O. Box 2350, Los Angeles. Calif. 90053 leller 1050 (00' 6"