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Home My WebLink About22-Mayor's Office , . :, ., CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Mayor Judith Valles Subject: Approve the recommendation of the Fine Arts Commission grant $133,500 to the fine arts groups Dept: Mayor's Office ORIGINAL Date: November 19, 2003 Council Date: December 15,2003 Synopsis of previous Council Action: December 16, 2002 Mayor and Common Council approved $83,962 in Fine Arts funding. September 17, 2001 Mayor and Common Council approved $149,500 in Fine Arts funding. September 5, 2000 Mayor and Common Council approved $149,000 in Fine Arts funding. November 15, 1999 Mayor and Common Council approved $149,000 in Fine Arts funding. Recommended Motion: MAYOR AND COMMON COUNCIL ADOPT RESOLUTIONS. ~: Contact person: Mavor Judith Valles Phone 5133 Supporting data attached: ves Ward: FUNDING REQUIREMENTS: Amount: 133.500 Source:(Acct. No.) 001-091-5185 (Acct, Description) FINE ARTS Finance: Council Notes: 'V.l::'lI() \.J'2t03- -z,S] ~^ LCD3- ~c) JAj/5j1JJ- Agenda item NO.~ . . . ,"i' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Fine Arts Conunission Funding awards for Fiscal Year (FY) 2003-2004 Background: Eleven organizations submitted applications requesting fine arts grants in the amount of $179,188 for the 2003-04 Fiscal Year. A total of $133,500 was budgeted for fine arts in FY 03-04. In addition to grant requests received from nine organizations that have applied for and received grants last year, the conunission also reviewed grants from two new organizations, the Inland Empire Symphonic Choir, which it approved, and the Emanuel United Methodist Church, which was declined, following consultation with the City Attorney's office, due to its proposal giving rise to concerns involving separation of church and state. The deadline for submission for grant applications was October 15, 2003. Copies of the applications were sent to members of the Fine Arts Commission for review prior to their meeting October 22, 2003, at which time the conunissioners discussed the applications. Oral interviews were held with the applicants at the October 22, 2003 meeting. Conunissioners reviewed interview notes and application packages before their November 4, 2003 meeting at which time they deliberated and made final decisions on grant allocations. The Fine Arts Conunission was charged with making difficult decisions about how to effectively allocate the limited funds budgeted for the promotion of the arts in the City of San Bernardino. The following is the reconunendation of the Fine Arts Conunission for Fiscal Year 2003-04: 2002-03 2003-04 1. Canto Bello Master Chorale $4,560 $5,200 2. Coyote Conservatory for the Arts $5,424 $16,500 3. Inland Dance Theatres $9,600 $13,500 4. Junior University $4,272 $7,000 5. San Bernardino-Riverside Counties Metropolitan Opera Auditions $3,500 $3,500 6. Prime Time Choraliers $1,148 $2,297 7. San Bernardino Valley Community Concert $10,248 $11,320 8. Sinfonia Mexicana Society $36,367 $58,000 9. Sturges Family Playhouse $8,843 $15,500 10. Inland Empire Symphonic Choir -0- $683 Total $83,962 $133,500 Financial Impact: The reconunended awards total $133,500, the total amount budgeted for fine arts in Fiscal Year 2003-04. Recommendation: Adopt Resolutions. I" -----" . ,.,1. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us SM December 19, 2003 Theresa Morris, Coordinator Inland Empire Symphonic Choir California State University 5500 University Parkway San Bernardino, CA 92407 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-351 - Resolution authorizing the execution of an agreement with the Inland Empire Symphonic Choir for the promotion of arts and culture.. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely,. " "j" )' f" /('~ .~ (Ie uL{ .oJ'J .v'.. Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.lls s.... January 30, 2004 Theresa Morris, Coordinator Inland Empire Symphonic Choir California State University 5500 University Parkway San Bernardino, CA 92407 Dear Ms. Morris, At the Mayor and Common Council meeting of December 15,2003, the City of San Bernardino adopted Resolution 2003-351 - Resolution authorizing the execution of an agreement with the Inland Empire Symphonic Choir for the promotion of arts and culture. On December 19, 2003, an original agreement was sent to you for signatures. If the agreement has been signed, please return it to the City Clerk's Office, Attn: Michelte Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by February 13, 2004. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, </7f'L ~J{C 4i'<l.\ rh_ , Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 10, 2004 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-351 - Inland Empire Symphonic Choir CC: Attached is a fully executed copy of the agreement with the Inland Empire Symphonic Choir. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. i - ... OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 Nortll "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan.bernardino.ca.us 0" December 19, 2003 Anna Marie McAfee Canto Bello Master Chorale P.O. Box 1627 San Bernardino, CA 92402 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-352 - Resolution authorizing the execution of an agreement with the Canto Bello Master Chorale for the promotion of arts and culture.. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002, Sincerely, 1 .! I' , . r If.. elF C{IL L (( '-j<'l.~ (, c.,_ I' Michelle Taylor Senior Secretary Enclosure CITY OF' SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 7, 2004 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-352 - Canto Bello Master Chorale CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of agreement with the Canto Bello Master Chorale. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. r--- , ... OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.lls Sf.! December 19, 2003 Margaret Perry, Chair CSUSB Theater Arts Dept. 5500 University Parkway San Bernardino, CA 92407 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-353 - Resolution authorizing the execution of an agreement with the CSUSB Foundation. Coyote Conservatory for the Arts for the promotion of arts and culture. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your jiles. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, (j) I 'r' (C {(~J'f f:i\. " Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 14, 2004 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-353 - CSUSB Foundation, Coyote Conservatory for the Arts CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the CSUSB Foundation, Coyote Conservatory for the Arts. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. I' .. OFFICE OF THE CITY CLERK RACHEL G. ClARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-hemardino.ca.us 3M December 19, 2003 Jean Roche, President Inland Dance Theatres, Inc. P.O. Box 3691 San Bernardino, CA 92413 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-354 - Resolution authorizing the execution of an agreement with the Inland Dance Theatres, Inc.. for the promotion of arts and culture. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, ., '-Ill rl.dl.<iJ (:, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 21,2004 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-354 - Inland Dance Theatres, Inc. CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the Inland Dance Theatres, Inc. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. 1- .... OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us ';\' December 19, 2003 Jerry Long, President Junior University of San Bernardino, Inc. P.O. Box 6471 San Bernardino, Ca 92412 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-355 - Resolution authorizing the execution of an agreement with the Junior University of San Bernardino. Inc., for the promotion of arts and culture. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, j '. i/ el) I c {~( (l'c ~/ J {t .~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 6, 2004 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-355 - Junior University of San Bernardino, Inc. CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of agreement with the Junior University of San Bernardino, Inc. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. - ,- OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909,384.5158 www.ci.san.bernardino.ca.us SM December 19, 2003 Gwendolyn Roberts San Bernardino-Riverside Counties Metropolitan Opera Auditions 1898 Genevieve Street San Bernardino, CA 92405 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-356 - Resolution authorizing the execution of an agreement with the San Bernardino-Riverside Counties Metropolitan Opera Auditions, for the promotion of arts and culture, Enclosed is one (1) original agreement Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Vll,( C(( Michelle Taylor Senior Secretary '\ ({~., u Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity. Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 30, 2003 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-356 - San Bernardino-Riverside Counties District Metropolitan Opera Auditions CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the San Bernardino-Riverside Counties District Metropolitan Opera Auditions. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. .. . OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan.bernardino.ca.us ~M December 19,2003 Chris Hansen, President Prime Time Choraliers 3935 Conejo drive San Bernardino, CA 92404 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-357 - Resolution authorizing the execution of an agreement with the Prime Time Choraliers for the promotion of arts and culture. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, · /J/r C ~(j(,< ; 'j" 71 / , Michelle Taylor ' Senior Secretary , U--... Enclosure CITY OF SAN BERNARDINO ADOI'TED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 15, 2004 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-357 - Prime Time Choraliers CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy ofthe agreement with the Prime time Choraliers. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ~ . .... OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA92418-000l 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us SI: December 19, 2003 Anthony Bocanegra, President Sinfonia Mexicana 468 W. Fifth Street San Bernardino, CA 92401 At the Mayor and Common Council meeting of December 15, 20m, the City of San Bernardino adopted Resolution 2003-358 - Resolution authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreementfor your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, (IJ i (0 t:Cr ( 4j (;, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADorTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 30, 2003 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-358 - Sinfonia Mexicana CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the Sinfonia Mexicana. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. \.. . . . .' OFFICE OF THE CiTY CLERK RACHEL G. CLARK. C.M.C. - CITV CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us SM December 19,2003 Randy Hlebasko, Founder Sturges Family Playhouse & Academy P.O. Box 1303 San Bernardino, CA 92402 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-359 - Resolution authorizing the execution of an agreement with the Sturges Family Playhouse & Academy for the promotion of arts and culture. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, '-1/1 c (r {(( Michelle Taylor Senior Secretary , ( Enclosure CITY OF SAN BERNARDINO ADOI'TED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 23, 2003 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-359 - Sturges Family Playhouse & Academy CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the Sturges Family Playhouse & Academy. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. 1 \,. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.d.san-bernardino.ca.us $," December 19, 2003 Lynda Kuehn, President San Bernardino Valley Community Concert Assoc. P.O. Box 377 San Bernardino, CA 92404 At the Mayor and Common Council meeting of December IS, 2003, the City of San Bernardino adopted Resolution 2003-360 - Resolution authorizing the execution of an agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. Please retain a copy of the agreement for your jiles. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, I ., I ~. -. . ... (J;, ( ~~-.. / ")1. /' " V I( !,.! lAC {,( \. Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Oignity' Honesty . "" CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 5, 2004 TO: Veronica Rivera, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-360 - San Bernardino Valley Community Concert Association CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the San Bernardino Valley Community Concert Association. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ~ the foundation FOR THE CALFORNIA STATE UNIVERSITY. SAN BERNARDINO 5500 Univenity Parkway, San Bernardino, California 92407-1397 (909-886-5970) 29 January 2004 Ms. Judith Valles, Mayor Mayor's Office City of San Bernardino San Bernardino, CA 92418 Re: Agreement between the City of San Bernardino and the Inland Empire Symphonic Choir Dear Ms. Valles: Attached you will find a fully executed agreement between the City and the Inland Empire Symphonic Choir. You will note that I have signed on behalf of the Choir. Please be informed that the Inland Empire Symphonic Choir is operating as an arm of the Foundation for California State University, San Bernardino. The Foundation was incorporated to support the University is such things as administration of functions that may operate outside of the University's State funding. The Symphonic Choir is not a legal entity, however the Foundation serves in the capacity of the legal entity that assumes responsibility for Symphonic Choir's obligations in this regard. You will receive the appropriate Certificates of Insurance from the Foundation's insurer. It would most likely be best if future agreements were drafted between the City and the Foundation, with the Foundation's Executive Director's office listed as the office for legal notices related to the agreement. Of course, Dr. Teresa Morris is our contact for any operational matters. Should you have any questions or concerns, don't hesitate to contact Dr. Morris or myself. Dr. Morris can be reached at 880-5561 or tmorrisralcsusb.edu. I can be reached at 880-5970 or isandoralcsusb.edu. Thank for the opportunity to serve the City by promoting art appreciation; I believe you will find that the Choir's work is superb and complements other City efforts in this most worthy endeavor. Very Truly Yours, cc: Dr. T. Morris , '.1' , . . , . .... ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12.-1 S''Q "<, Item # Vote: Ayes 1-3 5- ') Nays , L-j Change to motion to amend original documents: 12.'2 A Resolution # Abstain -e-- 2CD3'3Sf Absent ~ Reso, # On Attachments: / Contract term: - Note on Resolution of Attachment stored separately:-= Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By: NulVVoid After: loa D~--, J 2.-(3 -0<-( , Date Sent to Mayor: , '2-- ('l~Q3 Date of Mayor's Signature: 12-- 1'1) -0") Date of ClerklCDC Signature: '12- \ lS - 0 <, Reso, Log Updated: ~ Seal Impressed: ..-/ Date Memo/Letter Sent for Signature: 12 - \ "\ _0 3 ~ Reminder Letter Sent on~y: t. 30'0'-; 90 Day Reminder Letter Sent on 45th day: See Attached: ./ Date Returned: ~ \ 0 .' 0'1 See Attached: .c:::' See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes /' No By Yes No ./ By Yes No ./ By Yes No~ By Yes No/ Copies Distributed to: ,/ Code Compliance Dev. Services EDA Finance /' MIS City Attorney Parks & Rec, Police Public Services Water Others: (\'II! de.- Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.) Ready to File: _ Date: Revised 01112/01 ,','",.., , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \2-15'03 Item# 725 Vote: Ayes '-3\s-'} Nays~ Change to motion to amend original documents: Resolution # Abstain -e--- -ZOO3' 3S:;L Absent G- Reso. # On Attachments: /" - Contract term: Note on Resolution of Attachment stored separately: -- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: \ 7 - n _CJ 3, Date of Mayor's Signature: l?- QJ<o3 Date ofClerklCDC Signature: 12- ,S-03:, NulllVoid After: (,,0 D~..s I ~ ;;.-eo-o'-j , Reso. Log Updated: Seal Impressed: .---- ,./' Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ,./' Date Returned: / - ') -0 L/ See Attached: See Attached: 1'2-- \ "1.~c, 3 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distribute;-to: City Attorney i/ Code Compliance Dev. Services Parks & Rec. Police Water Public Services Notes: Yer/" No No"'/"" No ,./" No y/. N07 By. By_ By_ By_ Yes Yes Yes Yes EDA Finance ........ Others: m P-fi ^- MIS BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.\ Ready to File: _ Date: Revised 01/12/0 I I ~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM 7,CQ3 - 3$3 Absent e- Item # Y 2?- C Resolution # Abstain Q- Meeting Date (Date Adopted): 12-,5-U3 Vote: Ayes [-"3 5. 'I Nays , Change to motion to amend original documents: Reso. # On Attachments: V' Contract term: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY D S M '''.{,-Q? ate ent to ayor: \ .. :..-> Date of Mayor's Signature: \ '? - \~--O,\ Date of Clerk/CDC Signature: 1'2.- \li,..o ~ Null/Void After: 100 Di"J.) J rz..-l6 -o~ By: Reso. Log Updated: ~ Seallropressed: /'" Date Memo/Letter Sent for Signature: \? - \ "1 r6~ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached:r-- Date Returned: 1- I L( -oLJ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Yes/" No Yes No ./' Yes No..L Yes No ./ Yes NoL EDA Finance ~ MIS Others: m')~ .~ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.) Ready to File: _ Date: Revised 01/12/01 ~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12-15-0:$ Item# '2'20 Resolntion# Vote: Ayes /-3..5-') Nays '-( Abstain 9- ) Change to motion to amend original documents: '2CO.3 - 3S'i Absent G- Reso. # On Attachments: / Contract term: --- Note on Resolution of Attachment stored separately:-= Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: NulVVoidAfter: l.,o 'D"1J h.-13-0'-j I Date Sent to Mayor: 1 '2- (/-03 Reso. Log Updated: Seal Impressed: ....--- V Date of Mayor's Signature: 17- V\ r03 Date of Clerk/CDC Signature: 1 L -\ ~<, Date Memo/Letter Sent for Signature: 12-l"'i-QS See Attached:/ Date Returned: 1-,:)(- (")'1 See Attached: See Attached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Leller Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No By Yes No-.L- By Yes No-L By Yes NoL- By Yes No ./ B Copies Distributed to: City Attorney / Parks & Rec. Others: Finance v" m If DIL MIS Code Compliance Dev. Services Police Public Services Water EDA Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/ 12/0 I ..,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \ 'Z -I S-O 3 Item #7 z- ~ Resolution # -ZCDS-- :s..s-S Vote: Ayes (-OS) 5 - 'I Nays '-t Abstain ..e-- Absent CJ- Change to motion to amend original documents: Reso_ # On Attachments: t./' Contract term: Note on Resolution of Attachment stored separately:-=== Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: NulVVoid After: ioo DM ,) I ~ \3 -0'-1 , , Date Sent to Mayor: l 2- - \ ') - 0 :, Date of Mayor's Signature: l'L - \'6-03 Date ofClerk/CDC Signature: \:,2,- \~ -C>"', Reso, Log Updated: ...- Seal Impressed: ,----- Date Memo/Letter Sent for Signature: (2-- \ "1 <0.3:, 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ........-Date Returned: I-? -6'1 See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes /' No By Yes NoL By Yes No ,/' By Yes No ~ By Yes No B Copies Distributed to: / Code Compliance Dev, Services EDA F' ./' manee MIS City Attorney Parks & Rec, Police Public Services Water Others: (h 'I alL Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.\ Ready to File: _ Date: Revised 0 II 12/0 1 . \ - ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** .. RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12'IS-o<'~ Item# '7 'Z. ~ Resolution # 'LCD3- 3Sc:' Vote: Ayes 1<>,5'') Nays~ Abstain s:d- Absent.u , Change to motion to amend original documents: / Reso. # On Attachments: _ Contract term: --- Note on Resolution of Attachment stored separately,,==-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Null/Void AfterfoO 1)"'1--",1 2.-13-0'/ Date Sent to Mayor: 12-- \1-03 Date of Mayor's Signature: \ 2-- \ 'j,-<.':> ~ Date ofClerk/CDC Signature: 1"2- \f'{-Q 3, Reso. Log Updated: Seal Impressed: ,,- ,/ Date MemolLetter Sent for Signature: \2 -\','\.<) ?) 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: /Date Returned: P"Id"t)03 See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ~ No By Yes No~ By Yes No t../" By Yes No ~y Yes No _ By Copies Distributed to: City Attorney ---L. Code Compliance Dev. Services EDA Finance / Others: m ~ cJ!l- MIS Parks & Rec. Police Public Services Water Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,) Ready to File: _ Date: Revised 0 I I 12/0 I '. j ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12- IS -0 ~ Item # Lz. <9. Resolution # ---zt:n'<;-- 3S'J Vote: Ayes (-:) .5"- 'I Nays Y Abstain ...G-----' Absent Y-- I Change to motion to amend original documents: Reso. # On Attachments: / Contract term: - NulVVoidAfter: l.,o ~ / Z-13-0Y I Note on Resolution of Attachment stored separately: -== Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: \"2--1'-0"- Date of Mayor's Signature: I L - \ 1\-Q-3 Date of Clerk/CDC Signature: \ L' \ lS '03 Reso. Log Updated: Seal Impressed: --- ---- Date Memo/Letter Sent for Signature: \ '2 - \ c:, rO -:;; 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ..-/'Date Returned: M s 'C' I See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ~ No By Yes No~ By Yes No -...L By Yes No.....,.L .By Yes No /' By Copies Distributed to: City Attorney / Code Compliance Dev. Services EDA F. ..-/ mance Others: m ~ Q,L MIS Parks & Rec, Police Public Services Water Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/01 J L. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \2--6-03 Item #'22. \-I Resolution # 'Zco.3 ..:)s-&' Vote: Ayes 1-3 ,So') Nays~ Abstain.1.d-- Absent 4::7 I Change to motion to amend original documents: - NulllV aid After: VJ Ds:>; S I 2 -\ '3 -eLf , Reso. # On Attachments: ,/'" Contract term: - Note on Resolution of Attachment stored separately: - Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: - Date Sent to Mayor: 12--\'/-03 Date of Mayor's Signature: 12-- \ '5 'D'$ Date ofClerklCDC Signature: 12.' \ 'l\'-D3 Reso. Log Updated: Seal Impressed: ~ ./' Date Memo/Letter Sent for Signature: \ 2 -l "i _0 7., 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ~ate Returned: IClI:> f 103 See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes /' Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985,8234,655,92-389): Yes Copies Distributed to' City Attorney 7 Code Compliance Dev. Services Parks & Rec. Police Public Services Water EDA Others: Notes: No By No.7 By No /' By NO~y No _ By Finance ./ MIS BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE lContract Term. etc.) Ready to File: _ Date: Revised 0 II 12/0 I 'I'J'l ~ d fl- i -..' ~. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12.-\5 "03 Item # ?:z.;:=C Resolution # Vote: Ayes (-~ .S-) Nays~ Abstain &--- , '2CO.3 <3:S C) Absent;U. Change to motion to amend original documents: --- Reso. # On Attachments: /" Contract term: Note on Resolution of Attachment stored separately: - ---- Null/Void After: Coo DI1J I'J;- 13-0,-/ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: I L - t t -0 3 Date of Mayor's Signature: I 2 ,- \ 'l: -o:s Date of Clerk/CDC Signature: (2. \ 'tt> O~ Reso. Log Updated: Seal Impressed: --- ----- Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: (2-1'1,b3 See Attached: .~ Date Returned: ,to." d~.q3 See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): YesL No Yes No/ Yes No/ Yes NOZ: Yes No Copies Distrib~ to: City Attorney Parks & Rec. Code Compliance Dev. Services EDA Finance v' MIS Police Public Services Water Others: m~O'L Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01112/01 \.. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12 -\5"0"'::, Item # zz:-:5 Resolution # LCQ3 - ?J:c, 0 Vote: Ayes (-') :::;-', Nays~ Abstain ~ AbsentG- , Change to motion to amend original documents: See Attached:.../ Date Returned: IF 5' 0'-1_ See Attached: See Attached: .,,/ Reso. # On Attachments: _ Contract term: ---- Note on Resolution of Attachment stored separately: .- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: ["2-0-02.- Date of Mayor's Signature: , 2...- \ 'i-a ::, Date ofClerklCDC Signature: 12-\ 'i-63 Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 12 -\''1~::, Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed }O: City Attorney a./ Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NulVVoid After: bo ~~-..I .I '2... -13 -()'--( By: ...- Reso. Log Updated: Seal Impressed: ~/ Yes/' No By Yes No~ By Yes NoL By Yes NoL By NoL - Yes B EDA Finance ~ MIS Others: (hr; OIL BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.) Ready to File:_ Date: Revised 01/12/01 , I I , e e e 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 (C (Q) [P ~1' RESOLUTION NO. 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 authorized and directed 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 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 of this resolution. III III III III III III III III III YL () ZL 12-/;q63 e e e 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF 3 ARTS AND CULTURE 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 11 12 13 _ day of 7 8 LONGVILLE MCGINNIS DERRY SUAREZ 14 ANDERSON 15 16 MCCAMMACK 17 18 19 20 2003. 21 22 City Clerk The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino 23 Approved as to 24 Form and legal content: 25 26 27 By: - ." 28 e e e Synopsis: Canto Bello Master Chorale The Canto Bello Master Chorale, a San Bernardino-based organization, continues to rise in popularity. Citizens of a variety of ages and professions are part ofthis chorale presenting a repertory of classic choral works. The Chorale accompanying Orchestra is the San Bernardino Symphonic Orchestra and a good networking system is in effect. . Estimated Attendance - 8,000 Number of Performances - 3 major, 14 minor Estimated Costs............ ..$102,714.00 Estimated Income........ ....$77,700.00 Grant requested was for... ..$5,200.00 Grant award recommended.$5,200.00 . . . . . e 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 e e AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "CityN and the Canto Bello Master Chorale, a non-profit organization, referred to an "OrganizationN The parties agree as follow: 1 . Recitals. A. Organization has requested financial Assistance from City for fiscal year 2003-04, 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 proposalN) 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 use~ 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 . Mayor's the Payment. Upon presentation of a claim to the Office, City shall pay to Organization from -1- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $5,200.00 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, 2004, 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 its elected and appointed boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including counsel fees), suits or -2- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 e e 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 feesH 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 its elective and appointive boards, commissions, officers, attorneys, agents, and employees as additional -3- tit 1 2 3 .. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tit tit AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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: la) 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. Ib) less than person on Property Damage Insurance. In an amount not $50,000 for damage to the property of each account of an occurrence. Ic) 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. Id) 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- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE 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 City of San Bernardino Anna Marie McAfee Canto Bello Master Chorale P.O. Box 1627 San Bernardino, CA. 300 North "DN Street San Bernardino, CA. 92418 92402 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. -5- e 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 tit tit AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney By: -6- e 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 e e RESOLUTION N' (Q) [p r RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CSUSB FOUNDATION, COYOTE CONSERVATORY FOR THE ARTS 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 CSUSB Foundation, Coyote Conservatory for the Arts, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by references as fully as tbough 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 e e e 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CSUSB FOUNDATION, COYOTE CONSERVATORY FOR THE ARTS FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2003. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: By:. . . e Synopsis: CSUSB Foundation, Coyote Conservatory For the Arts The CSUSB Foundation, Coyote Conservatory for the Arts is a new children's organization, created to provide to the children of the City of San Bernardino a safe, enjoyable and diverse environment to explore the various aspects of the arts. Young citizens of a variety of ages and backgrounds are part of this conservatory with programming that includes visual arts, puppetry, creative drama, acting, dance, musical theatre and theater crafts. The Puppetry Place will have emphasis on creating and performing with puppets. . Estimated Attendance - 2,100 . Number of Performances - 12 . Estimated Costs..............$38,188.00 . Estimated Income......... ...$24,298.00 . Grant requested was for.. ...$28,410.00 . Grant award recommended.$16,500.00 . 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 Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as UCity" and the CSUSB Foundation, Coyote Conservatory for the Arts, a non-profit organization, referred to an uOrganization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2003-04, 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 Uthe 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CSUSB FOUNDATION, COYOTE CONSERVATORY FOR THE ARTS FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $16,500.00 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, 2004, 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, its elected and appointed boards, commissions, officers, attorney's, agents and employees from all liabilities and charges, expenses (including counsel fees), suits and -2- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 e e 16 17 18 19 20 21 ~ 23 24 25 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CSUSB FOUNDATION, COYOTE CONSERVATORY FOR THE ARTS FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 Rcounsel 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. assign its interest in prior written approval Organization shall not this Agreement without the 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 its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -3- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CSUSB FOUNDATION, COYOTE CONSERVATORY FOR THE ARTS FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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: la) 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 Ib) less than person on Property Damage Insurance. In an amount not $50,000 for damage to the prop~rty of each account of an occurrence. Ic) 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- . 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 CSUSB FOUNDATION, COYOTE CONSERVATORY FOR THE ARTS 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 City of San Bernardino Margaret Perry, Chair CSUSB Theater Arts Dept. 5500 University Parkway San Bernardino, CA. 300 North "Dff Street San Bernardino, CA. 92418 92407 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. -5- . 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 Ie (QJ [p If RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. 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. Tbe Mayor of tbe City of San Bernardino is bereby autborized and directed to execute on bebalf of said City an Agreement witb Inland Dance Tbeatres, Inc., a copy of wbicb is attacbed bereto marked Exbibit "A" and incorporated be rein by references as fully as tbougb set fortb at length. SECTION 2. The autborization to execute the above referenced agreement is rescinded if tbe 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 e 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 e e RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: Council Members: NAYS ABSENT AYES ABSTAIN ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2003. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: By: tit tit tit Synopsis: Inland Dance Theatres Inc. The Inland Dance Theatre will present the 26th production of Tchaikowsky's Nutcracker Ballet on December 6-9, 2001 at the California Theatre. During these past 25 years over 100,000 school children have viewed with delight a live ballet. Both cast and audience is drawn from the Inland Empire. Special rates are given to youth and low-income families. The Nutcracker Ballet has become an established holiday tradition in the City of San Bernardino. · Estimated attendance - 7,500 (paid), 4,500 (comp) · Number of performances - 5 · Estimated costs - $109,729.00 · Estimated income - $99,180.00 · Grant requested - $20.000.00 · Fine Arts Commission recommends - $13,500.00 e 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 e e AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Inland Dance Theatres, Inc., 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 2003-04, 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-4 fiscal year, the total sum of $13,500.00 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, 2004, 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 its elected and appointed boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including counsel fees), suits or -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 . . AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 ucounsel 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 its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 -18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. 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 City of San Bernardino Jean Roche, President Inland Dance Theatres, Inc. P.O. Box 3691 San Bernardino, CA. 92413 300 North nD" 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. -5- I . 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman 18 City Attor~ey e 19 20 21 22 23 24 25 26 27 28 By: . -6- e e e 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 RESOLUTt {Q)~l[ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. 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 Junior University of San Bernardino, Inc., 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 of this resolution. III III III III III III III III III . . . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 meeting thereof, held on the and Common Council of the City of San Bernardino at a 6 7 _dayof 8 ,2003, by the following vote, to wit: ABST ArN ABSENT Council Members: AYES NAYS 9 ESTRADA 10 LONGVILLE 11 12 13 14 15 16 17 18 MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk 19 20 2003. The foregoing resolution is hereby approved this day of 21 22 23 Approved as to 24 Form and legal content: 25 JAMES F. ENMAN, City Alto. y 26 27 By: 28 Judith Valles, Mayor City of San Bernardino . . . Synopsis: Junior University of San Bernardino, Inc. Junior University of San Bernardino, Inc. began in 1962 as a Children's summer activity in the backyard of Robert Henleys' home. Junior University's productions moved to a larger venue in 1965 - The Perris Hill Park Bowl. Each June many hundreds of children and adults participate in open auditions. A cast of 65-80 are selected. Ages range from 10 years and older. The season opens in mid-July for a 14 night run. Free tickets are provided, to Goodwill Industries, Hill Acres Children's Home, Center ofIndividuals with disabilities and other City Institutions. Estimated attendance - 13,300 Number of performances -14 Estimated costs - $132,500.00 Estimated income - $123,600.00 Amount requested - $7,000.00 Fine Arts Commission recommends - $7,000.00 . 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 Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as MCity" and the Junior University of San Bernardino, Inc., a non-profit organization, referred to an MOrganization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2003-04, 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 Mthe 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $7,000.00 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 I 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, 2004, 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, its elected and appointed boards, commissions, officers, attorneys, agents and employee from all liabilities and charges, expenses (including counsel fees), suits or -2- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 feesH 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. assign its interest in prior written approval Organization shall not this Agreement without the 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 its elective and appointive boards, commissions, officers, attorneys, agents, employees as additional -3- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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. 21 22 23 24 25 26 27 28 (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- . 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 JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. 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 City of San Bernardino Jerry Long, President Junior University of San Bernardino, Inc. P.O. Box 6471 San Bernardino, CA. 300 North no" Street San Bernardino, CA. 92418 92412 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. -5- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e e 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attor.ey By: . -6- e e e 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 t(Q)[Pl( RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS 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-Riverside Counties District Metropolitan Opera Auditions, a copy of which is attached hereto marked Exhihit "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 of this resolution. III III III 11/ 11/ 1/1 III III III e e e 11 12 13 14 15 16 17 18 19 20 21 2003. 22 23 24 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: 9 Council Members: 10 ESTRADA AYES ABSTAIN ABSENT NAYS LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino Approved as to 25 Form and legal content: 26 27 28 By: e e e Synopsis: San Bernardino-Riverside Counties District Metropolitan Opera Auditions The San Bernardino-Riverside Counties District Metropolitan Opera Auditions, one of sixteen regional auditions, includes the states of California, Arizona, and southern Nevada. The Metropolitan Opera Auditions for the Inland Empire was formed in 1959 and is one of six local Districts of Metropolitan Opera Council auditions. These auditions afford our local singers the opportunity to compete and provide contacts with producers and directors in the vocal concert structure. Several previous winners have successful careers with various National and International Opera companies. Estimated attendance - 380 Number of performances - 2 (plus Master Class) Estimated costs - $9,642.00 Estimated income - $6,142.00 Grant requested - $3,500.00 Fine Arts Commission recommends - $3,500.00 . 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 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-Riverside Counties District Metropolitan Opera Auditions, 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 2003-04, 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $3,500.00 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, 2004, 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, its elected and appointed boards, commissions, officers, attorneys, agents and employee from all liabilities and charges, expenses (including counsel fees), suits or -2- e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 feesH 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. assign its interest in prior written approval Organization shall not this Agreement without the 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, its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -3- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS 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 City of San Bernardino Gwendolyn Roberts San Bernardino- Riverside Counties District Metropolitan Opera Auditions 1898 Genevieve Street San Bernardino, CA. 300 North "0" Street San Bernardino, CA. 92418 92405 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. -5- e e 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE. 5 DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman 18 City Attor e 19 20 21 22 23 24 25 26 27 28 By: ) , -6- I . e e e 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 Ie CO) [P)f RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS 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 bebalf of said City an Agreement with Prime Time Choraliers, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by references as fully as though set fortb 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND 3 CULTURE 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of 7 8 9 10 ,2003, by the following vote, to wit: ABSTAIN ABSENT Council Members: AYES NAYS ESTRADA LONGVILLE 11 MCGINNIS 12 DERRY 13 SUAREZ 14 15 16 MCCAMMACK ANDERSON 17 18 19 20 2003. 21 22 City Clerk The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino 23 Approved as to 24 Form and legal content: 25 26 By: 27 28 ! . . . . Synopsis: Prime Time Choraliers The Prime Time Choraliers was formed in 1986 by Mrs. Millie Marshall and was an outgrowth of American Association of Retired Persons. The organization provides an opportunity to senior citizens to enjoy and share their love of music and performing with many groups in San Bernardino. The ages of it's members range from 55 to 89. Citizens of a variety of backgrounds are part of this choir presenting a varied repertory of musical performance. . Estimated Attendance - 1,500 Number ofPerfonnances - 20 Estimated Costs... .. . ... ... ..$3 ,859 .00 Estimated Income...... ......$1,450.00 Grant requested was for... ..$2,297.00 Grant award recommended.$2,297.00 . . . . . . 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 Fine Arts Funding THIS AGREEMENT OF SAN BERNARDINO, a to as "CityU and the profit organization, is entered into between the CITY municipal corporation, referred Prime Time Choraliers, a non- referred to an "OrganizationU The parties agree as follow: 1. Recitals. A. Organization has requested finan~ial Assistance from City for fiscal year 2003-04, 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 proposalU) 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 e e 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $2,297.00 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 I 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, 2004, 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, its elective and appointed boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including counsel fees), suits or -2- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 cffice 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. assign its interest in prior written approval Organization shall not this Agreement without the 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, its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -3- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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- 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 PRIME TIME CHORALIERS 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 City of San Bernardino 300 North MD" Street San Bernardino, CA. 92418 92404 Chris Hansen,President Prime Time Choraliers 3935 Conejo Drive San Bernardino, CA. 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. -5- 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 . e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGAN I ZA TI ON Approved as to form and legal content: James F. Penman City Attorney By: -6- 26 27 28 . e . 1 2 3 4 5 6 (CQ)lP1f RESOLUTION NO. RESOLUTIOl'l OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorized and directed to execute on behalf of said City an Agreement with San Bernardino Valley Community Concert Association, 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 of this resolution. III III III III III III III III III e e e 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 4 WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 7 8 _ day of ,2003, by the following vote, to wit: 9 Council Members: 10 11 AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE 12 MCGINNIS 13 14 DERRY 15 SUAREZ 16 17 18 19 ANDERSON MCCAMMACK City Clerk 20 The foregoing resolution is hereby approved this day of 21 2003. 22 23 24 25 26 Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: 27 28 By: e e e Synopsis: San Bernardino Valley Community Concert Association The San Bernardino Valley Community Concert Association is in its 63rd year and still brings to the City of San Bernardino, at affordable prices, some of the greatest artists of the world. The San Bernardino Valley Community Concert Association make tickets available for students, seniors and special needs persons thus encouraging exposure to the fine arts. . Estimated Attendance - 10,000 Number of Performances - 7 Estimated Costs......... ... ..$87,350.00 Estimated Income......... ...$66,000.00 Grant requested was for.....$11,320.00 Grant award recommended.$ll ,320.00 . . . . . e 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 e e 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 Valley Community Concert Association, 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 2003-04, 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $11,320.00 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, 2004, 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, its elective and appointive boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including counsel -2- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTURE. 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. assign its interest in prior written approval Organization shall not this Agreement without the 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 its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -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 . . AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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 amounL 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- e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION 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 Lynda Kuehn President San Bernardino Valley Community Concert Association P.O. Box 377 San Bernardino, CA. City of San Bernardino 300 North ftD" Street San Bernardino, CA. 92418 92404 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. -5- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF THE ARTS AND CULTURE. Date: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorney By: -6- e e e 1 2 3 4 5 6 ccO)~v RESOLUTION NO. - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I. The Mayor of the City of San Bernardino is hereby 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorized and directed to execute on behalf of said City an Agreement with Sinfonia Mexicana, 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 of this resolution. III III III III III III III III III . . . 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 _ day of 7 8 9 , 2003, by the following vote, to wit: ABSTAIN ABSENT AYES NAYS Council Members: ESTRADA 10 LONGVILLE 11 12 DERRY 13 14 MCGINNIS SUAREZ ANDERSON 15 16 MCCAMMACK 17 18 19 20 21 City Clerk The foregoing resolution is hereby approved this day of 2003. 22 Judith Valles, Mayor City of San Bernardino 23 Approved as to 24 Form and legal content: 25 26 By: 27 28 . . . Synopsis: Sinfonia Mexicana Society The City of San Bernardino is indeed fortunate in having many citizens of diverse cultures and faiths. 1) The Sinfonia Mexican Society was organized in 1984 under the auspicious of the San Bernardino Symphony Orchestra with the purpose of creating community awareness and appreciation of the classic music of Mexican composers. 2) Later a new popular component Mariachi, the folk music of Mexico was introduced with great success. 3) In 1997 a Mariachi Youth instructional program was developed which continues to enroll youth between 8-17 years of age. . Estimated Attendance - 4,000 . Number of Performances - 3 . Estimated Costs.........$184,639.00 . Estimated income......$143,300.00 . Grant requested.........$74,888.00 . Fine Arts Commission recommended....$58,000.00 . 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 e . AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Sinfonia Mexicana, 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 2003-04, 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- 1 e. 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-04 fiscal year, the total sum of $58,000.00 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, 2004, 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, its elective and appointive boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including counsel -2- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 or 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 ftcounsel 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. Assiqnment. assign its interest in prior written approval Organization this Agreement of City. shall not without the 8. Insurance. Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance, naming the City, its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -3- e e e 27 28 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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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. Ib) less than person on Property Damage Insurance. In an amount not $50,000 for damage to the property of each account of an occurrence. Ic) 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 26 the City shall require the insurer to notify the City of any change or termination in the policy. -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 25 26 27 28 . . AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA 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 Anthony Bocanegra, President SINFONIA MEXICANA 468 West Fifth Street San Bernardino, CA. City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 92401 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. -5- 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 . . AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE. CITY OF SAN BERNARDINO Date: Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorn By: -6- 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 tit 27 28 . tit (C(Q)fP1f RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FAMILY PLAYHOUSE & ACADEMY 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 Sturges Family Playhouse & Academy, 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 of this resolution. III III III III III III III III III e e e 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 ESTRADA RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY I OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FAMILY PLAYHOUSE & ACADEMY FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 10 LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2003. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: By: / e e e Synopsis: Sturges Family Playhouse & Academy The Sturges Family Playhouse, having completed six years of quality community musical theater and family entertainment, in addition to five years of offering visual and performing arts training to inner city youth through the Sturges Family Academy, continues to move forward with higher quality productions, expanded target audiences and accessability to most socio-economic levels for individuals and families in San Bernardino. Estimated attendance - 1,000 Number of performances - 2 Estimated Expenses - $15,000.00 Estimated income - $4,500.00 Grant requested - $25,198.00 Fine Arts Commission recommends - $15,500.00 tit 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 tit tit AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Sturges Family Playhouse & Academy, 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 2003-04, 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE STURGES FAMILY PLAYHOUSE & ACADEMY. budget for the 2003-04 fiscal year, the total sum of $15,500.00 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, 2004, 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, its elective and appointive boards, commissions, officers, attorney, agents and employees from all liabilities and charges, expenses (including counsel -2- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 e e 19 20 21 22 23 24 ~ 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE STURGES FAMILY PLAYHOUSE AND ACADEMY. 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. assign its interest in prior written approval Organization shall not this Agreement without the 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, its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -3- 1 e 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 STURGES FAMILY PLAYHOUSE & ACADEMY. insured by Organization and its agents performing acts covered by this Agreement from the claims 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. Ib) 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. Id) 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- 1 e 2 3 e e 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE STURGES FAILY PLAYHOUSE & ACADEMY. 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 Randy Hlebasko Founder Sturges Family Playhouse & Academy P.O. Box 1303 San Bernardino, CA. City of San Bernardino 300 North ~D" Street San Bernardino, CA. 92418 92402 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. -5- e 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 e e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE STURGES FAMILY PLAYHOUSE & ACADEMY. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attar By: -6- . . 1 2 RESOLUTIO~.~ [p>1f RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 4 WITH THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF ARTS AND CULTURE. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 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 INLAND EMPIRE SYMPHONIC CHOIR, a copy of which is attached hereto marked Exhibit "A" and 11 12 13 14 15 16 III 17 18 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 . . . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF 3 ARTS AND CULTURE 4 5 6 7 8 9 ESTRADA I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES 10 LONGVILLE 11 12 13 14 15 MCGINNIS DERRY SUAREZ ANDERSON 16 MCCAMMACK 17 18 19 City Clerk The foregoing resolution is hereby approved this day of 20 2003. 21 22 23 Approved as to 24 Form and legal content: Judith Valles, Mayor City of San Bernardino 25 JAMES F. P NMAN, City Alto 26 By: 27 28 ) . . . Synopsis: Inland Empire Symphonic Choir The Inland Empire Symphonic Choir is the official chorus of the San Bernardino Symphony Orchestra at the California Theatre. It is comprised of members of the community and the campus at Cal State University, San Bernardino. Although the choir receives some funding from Cal State, the majority of its funding comes from fund raising and grant activity. Nearly half of the choir's audience is comprised of complimentary admissions, which go, primarily, to students. . Estimated Attendance.....................l,200 . Number of Performances......................5 . Estimated Costs......................$15,475.00 . Estimated Income....................$14,lOO.OO . Grant Award Recommended..........$683.00 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 AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Inland Empire Symphonic 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 2003-04, 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. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- 1 e 2 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2003-4 fiscal year, the total sum of $683.00 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, 2004, 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 its ~lected and appointed boards, commissions, officers, attorneys, agents and employees from all liabilities and charges, expenses (including counsel fees), suits or -2- 1 _ 2 3 4 5 6 7 8 9 10 11 12 13 14 .e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 its elective and appointive boards, commissions, officers, attorneys, agents and employees as additional -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 e 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. insured by Organization and its agents performing acts covered by this Agreement from the claims 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- 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 e 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR INC. 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: Mayor's Office As to Organization: Teresa Morris, Coordinator of Choir Work Group Inland Empire Symphonic Choir California State University 5500 University Parkway San Bernardino, CA. 92407 City of San Bernardino 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. -5- ., . 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 . . e AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE SYMPHONIC CHOIR FOR THE PROMOTION OF THE ARTS AND CULTURE. DATED: CITY OF SAN BERNARDINO Judith Valles, Mayor ATTEST: Rachel G. Clark, City Clerk ORGANIZATION Approved as to form and legal content: James F. Penman City Attorne By: / -6-