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Home My WebLink About21-Mayor's Office CITY OF SAN BER.RDINO - REQUEST~R COUNCIL ACTION From: Thelma Press, Liaison, Mayor and Council Subject: Recommendation by the Fine Arts Commission to grant $1,900.00 to the Metropolitan Dept: Office of the Mayor Opera Auditions. Date: January 28, 1992 Synopsis of Previous Council action: June 3, 1991_ The Mayor and Common Council adopted Resolution No. 91-190. Recommended motion: Adopt Resolution. --1/ /? / q} )/ A.L.~ /~ Signature Contact person: Thelma Press Phone: ext 5114 Supporting data attached: YES Ward: All FUNDING REQUIREMENTS: Amount: $1,900.00 Source: (Acct. No.) 00 I - 0 1 \ - 5 3&12.. [ (Acct. DescriPtion) Finance: 6,JJ 0"------- Council Notes: 75.0262 Agenda Item No. :11 CITY.OF SAN BERraRDINO - REQUEST .R COUNCIL ACTION STAFF REPORT The Western Regional Auditions of the Metropolitan Opera has taken place in San Bernardino since 1959. Ms. Gwendolyn Roberts a very dedicated teacher of music and voice has secured community assistance and support for administration and awards for the winners. The Western Region includes the States of California, Arizona and Nevada. One of five California Districts is the San Bernardino and Riverside Counties. The Fine Arts Commission organization as requested. season is $3,800. for these past years funded this The grant request for the FY 91-92 The Fine Arts Commission approved for funding $1,900.00 for the following reasons: This organization must generate funding also from the Riverside Area and not depend entirely on the City of San Bernardino. A member of the Commission was appointed to meet with the Metropolitan Opera Association Board of Directors to discuss their fund raising policies and activities. The Fine Arts Commission at the January 14, 1992 meeting voted to award the amount of $1,900.00. 75-0264 . :r-~.=.:',;::!..':.\:... ~,.~r: :'';:)'11:.a~\cn :'Jr- 'or -e"olf'g .\rts FIne ,:,,,:'5 C':;""~55' I. Applicant QrganiZatlon (Name, ~ddress. etc, ) SAN BERNARDINB-RIVERSIDE COUNTIES METROPOLITAN OPERA AUDITIONS 1898 Genevieve Street \ II. Contact Person Miss Gwendolvn Roberts I Ti tIe District nl rectcnnone883_7b71 I I : III. Program Category Under ~hich Support i1S Requested:MUSrC -VOCAL COMPETITION San Bernardino, CA 92405 :IV. Period of Support Requested Phone 883-7671 CA State ~on-Profit :~ = Number of Years in Existence 31 .1ulJe 30. I qql thru June 30. 1992 Starting . Ending V. Summary of Category Cescr'~tlons SEE ATTACHED SHEET (P!'ge #2) VI. Estimated number of persons exoected to benefit from this program/proJect: 20 Sinoers a) Number of persons by Paid attendan~e: 200 - 3QO . (includes Buffet) b) Number of persons by free or compllmentary admISSIon: 20 - 2'i VII. Need Statement: SEE ATTACHEO SHEET (Page #3) VIII. Intended Results: SEE ATTACHED SHEET STATEMENT (page #4) IX. Summary of ~stimated Costs: ~. Direct CostS for Awerds Salaries ~ ^aqes for Accompanists & Stege Hands Supolies ~ ~aterial~ printing, postege & Telephone ~ravel for Judges & Mae tel' Class Clinician Fixec ~s;es:s,~entals or Leases =ees & ::~er Master Class Worksh~~;L J:=EC7 __~ , Insurance (required by City) 8 1'~~~In+/C6~ts Hospitality . B'c!l"hk: 'G'h-arges A. Expenses 8. Revenues, Sr~rtS, C:ntrioutiCns, etc. Act~al ~G;: ~ece"t :iscal :~r;:d S 5,253.56 S 5,316.00 x. Organization Anticipated FunQing/~xcenses: XL 70ta 1 NO;-::: - ~ount ~eQuesteo From San 3ernardlr~.C~:J :;"e :1':; ::~1s;i:r: Amount ~eouested )'3.800.00 Plus total revenues, 53.040.00 ~ran!s, cc~:r;~utions,etc. ~ust ecual total orc~ec: 56.840.00 costs aDove. 7;:~~ :<:: . ,--"'-.-.-'-.,"'1. I. - "'( I . ~ l.l.~. . - j. ..- ~e"'. "',..,rer ... "'C J '_ - 'oJ" - =.....cne 'b;-:Je.... 1""::.tQ . PAGE #2 . SECTION V - Summary of Project Description The purpose of the National Council, of the Metropolitan Opera is to: 1. Find exceptionslly talented opera singers and to assist in their development. 2. To discover new talent for the Metropolitan Opera. 3. To seerch for possible psrticipants in the young Artist Develop- ment Program of the Metropolitan Opera 'Association. 4. To give singers en opportunity to be heard and encouraged in their csreers. A special eepect of this program is the contacts with producers and directors for programing vocal concerts and appearances with orchestres and production events thus giving the singers sxperience in performing end encouragement for further development and progrees in meaningful careers. . . page #3 SectidlltII NEED STATE~T Due to the feet that each District ie required to finance its own needa for awards and administration, we need funds for: 1. Awarda for 1st, 2nd, 3rd, 4th, and e possible 5th pIece Awards and for Study Awards. 2. OUR RENT HAS BEEN RAISED. We need funds to oay rent, of Auditorium, Stage Hends, $1,000,000 Inaurance (reouired by the city), Accomp- snists, Printing of Letterheeda, Envelopes, Progrpms, Brochure- Applications, Postage, Office Suoolies, Printing of Forms for ths singers and the Judges, Telephone calls, for refreshments for the Reception during Judges deliberations, for our Master Class the following week, etc. All exoenses heve raised this year. 3. We need funds for the expenses of the singers who ere sent to the Regional Auditions in LoS Angeles, as they are required to stay in the Hotel for one or two nights due to the Regionel Schedule, and each District takes their winners to dinner. LAST VEAR OUR:OIstRIcr HAD THE GOOD FORTUNE TO HAVE A REGIONAL WINNER - KEVIN BELL, BASS WAS THEN CHOSEN THE FIRST PLACE WINNER OF THE REGION AND WENT ON TO NEW YORK FOR THE NATIONAL AUDITIONS. THIS YEAR WE AGAIN HAD THE GOOD FORTUNE TO HAVE A SINNER IN THE REGIONAL FINAL AUDITIONS - BEVERLY BRULE, MEZZO-SOPRANO. SHE WAS AWARDED A !500 Award. If we could be considered for a G~ant from the Fine Arts Commission of $3,500 for the auditions for 1991-1992, to be held on October 20, 1991, we would be able to meet our expenses with the other gifts which we hope to be receiving to help with the awards for our singers. We will be holding a Mester Class for all of the singers in the District on October 27, 1991, at Valley Collega with the renowned Lyric Soprano DOROTHY WAREN SKJOLD as the clinician, thus giving our singers added assistance in preparing for tha Regional Auditions in Los Angeles on November 1 end 2. Page #4 S~TION VIII . Intended Results Winners from this District ~ill go to Los Angeles to compete in the Regional Auditions where they will place according to the decisions of the Judges. WE ARE HOPING THAT WE MAY HAVE A REGIONAL WINNER AGAIN THIS YEAR. THIS IS SUCH A VALUABLE EXPERIENCE FOR ALL OF THE SINGERS1 The Master Class is extremely valuable for all of the singers. It is a resl privilege for them to work with one as famous aa our clinician. Also our singers can be engaged for local programa and musical events, and are often engaged for programs in other Southern California araaa. The training neaded for the preparation of these auditions snd the exper- ience of singing for the outstanding judges end receiving their verbal critiques is extremely valuabla for their continued study. May -I point out that HAVINS THESE AUDITIONS IN OUR COMMUNITY IS A VERY FINE ASSET FOR THE CULTURAL ATMOSPHERE OF THE WHOLE COMMmNITY. THE METROPOLITAN OPERA ASSOCIATION IS A VERY PRESTIGIOUS ORGANIZATION. :MET .ropolitan Opera National Council Auditions Western Region METROPOUTAN OPERA NAllONAL COUNCIl \ \ ~ v~--' PRESIDENT ~ ..... Gocxgo P. CouIcino ~ EXECl/TIVE DIRECTOR OF AUDITIONS C # Goi_ NA110NAL CHMNAN ..... Donnio w. ~ WESTERN REGIONAL CO-CHAIRMEN ..... "'*""'Y DIy Mrs.Richen:JF.Sietett WESTERN REGIONAl TREASURER Us. Winifred KnIflon WESTERN REGIONAl AUDITIONS CO-OlRECTORS Mrs. Richard Cole Mrs. Hugh M. Gfan! DlSTRICT AUDITIONS DIRECTORS Arizona Mrs. Rex E. 8fewstef MIs. Stephen M. SeIlzer Los _ County Mrs. Kevin Baines Mrs.JohnTegtmeyet Mrs. Rober'! Vargas O<onge County Mrs. William P. Conlin Mrs. L.orraineJ.l.ippoId San Bernardino . RNerside Counties --- Mrs. Art MeKinster Miss Gwendolyn Roberts San !>ego . _ Coun;es ..... John_ San Jo8Quin VIItey Helene Joseph-.WeiI Mrs. Richard VIiIancour REGIONAl SUPPORT ORGANIZATlONS Gladys TUlk-' Secuily P.....-. ShowclIIe eo.-. ......... The Opn_ ~"'-~ 0lSTRICT SUPPORT ClRGANlZATIONS _ Guild '" Cennl Arizona Opn Guild '" _ Arizona Opera AL.-ona Paons d Arizona The...._~ --- '" '"- County San !>ego ClaosicaI Music _ Son !>ego Opn . ". NaonaI ... ". d TNChers 01 S<ng;ng, San !>ego llislric:t CIIbnOo _~. F...... T_Opn__ Freono""" cu> F......Opn '- Ftesno 110o (l<W-l<W-lV) IMV_Opn_ Son_ _Mo~ Za1Ia _ F_ '" Opn V...., Concert ... .. , _ _ Mo Counci Firsl_ SoWlgs and Loon SAN BERNAAOIM).AIVERSIDE COUNTIES DISTRICT SO. NEVADA GWENOOl VN ROBERTS, Dilttca DncIcw ,_~sw.c San Bemardino. CA tz405 (7'4) 183-7171 October 1,' 1991 Mr. Barry Silver, Chairman Members of ~ine Hrts Commission City of ~an Bernardino 300 North "0" Street San Bernardino, CA 92418 Dear Mr. Silver and Members, Fine Arts Commission Enclosed are the forms for the Grant Application for funds from the Fine Arts Commission. I am hoping that we may be considered for funds for the Metropolitan opera Auditions that Bre to be held on October 20, 1991, in Sturges Center for Fine Arts. We are very grateful for the Grant we received last year which enabled us to expand our program of services for the singers of this area. We think that, in spite of the reise in Rent, Liability Insurance, postage, office supolies, telephone charges, etc., we will be able to continue our progrem with some additional assistance from you, and with the individual gifts from friends. We hope to be able to increase the emounts of the awerds for the winners, and to provide funds for the expenses of the singers who must go to the Regional Auditions in LoS Angeles. We are very proud of our singers who have won awards in the Regional Auditions and who are now going forward in their careers singing as soloists in Symphony Orchestras and in roles with some of the opera companies. We want to continue our program, incraasing our services for singers, so that they will not be deterred in their efforts to build a career. We feel that this is such evaluable service and that having the auditions in San Bernardino, is a real asset to our community to have one of the' 'greatest opera companies designate this area as a place to hold the auditions. I have worked through tha years to make sure that these auditions remain in San Bernardino. The past support of the Fine Arts Commission is so gratefully appreciated. We could never have built our organ- ized efforts without your assistance end we thank you sincerely. Encl: Grant Application a copy of the printed program for the auditions last year . . CHECKLIST This checklist .ust be attached to the tront ot your applica- tion. Use this tOrlll to make sure you have properly completed your application. Applications not properly developed m receive a lover rankinq or be rejected without consid.ra~l tor tundinq. on 1. Is the application typed? (xl Yes 2. Are all paqes in proper order and numbered? (Xl Yes 3. Doe. supplemental material reter to appropriate section numbers? ~l Yes 4. Are all elements answered on paqe one? (Xl Yes 5. Doe. the need statement really pre.ent a valid, ea.ily understood need? (Xl Yes 6. Is there a tarqet qroup identitied in the need statement? (Xl Yes 7. OOe. the need statement expre.. a local need? (X) Yes 8. Do your intended result. explain activities you plan to do in order to meet the need. you have identified? (x) Yes 9. Did you explain and specity in mea.urable terlll. your intended result. on the tarqet qroup? (X) Yes 10. Did you respond to the application instruction. element-by-element? (xl Yes 11. Is your budqet in line it.. detailed on supple- mental sheet.? 12. Are your calculation. accurate? 13. Is the document siqned by the director or board pre.ident or authorized .iqnature? Is each application stapled individually? Are there copies beinq torwarded to the City Fine Arts COllllllission ottice? In re-readinq the application torm beqinninq to end, is there continuity ot thought and readability? Is the checklist complete and at':ched to the original application? Are you tiling the application within the appropriate time frame? 14. 15. 16. 17. 18. (X) Yes (X l Yes 0<) Yes (xl Yes (Xl Yes (xl Yes (xl Yes (X) 'Yes -- . . . FINE ARTS COMMISSION MINUTES The Fine Arts Commission meeting convened at 3:00 p.m., on Tuesday, January 14, 1992, in the Management Information Center, 300 North "0" Street, 6th Floor, San Bernardino, California. Those in attendance were as follows: Clara O'Campo Barbara Greene Mildred Hudson Beverly Goodly-Powell Dorris Ballard Mike Hough Ray Gonzales Pat Leathers Thelma Press Second Ward Third Ward Fifth Ward Sixth Ward Seventh Ward Mayor's Appointment Mayor's Appointment, Alternate Member Mayor'S Appointment, Alternate Member Liaison for the Fine Arts for Mayor and Council The following were absent and/or excused: Barry Silver Michael Shaw Fourth Ward Mayor'S Appointment I. A~~roval of the December 10. 1991 Minutes. Chairwoman Doris Ballard asked for a motion to approve the Minutes of December 10, 1991. A motion was made and unanimously carried to approve the minutes. II. Mr. Richard Johnston - Eavctian Exhibit Unable to attend the meeting. III. Metro~olitan O~era - Gwendolvn Roberts Ms. Thelma Press provided brief background information and stated that the Metropolitan Opera had asked for a grant in the amount of $3,800.00 and that the Commission's consensus during the initial review of the grant application was that the Metropolitan Opera representative should come for an interview to discuss the funding support generated from surrounding communities since the Metropolitan Opera seems to be a regional committee. Ms. Gwendolyn Roberts stated that the regional committee is comprised of three states which are as follows: Southern California, Southern Nevada and Arizona. - .... - ....... - . . Fine Arts Commission Minutes Tuesday, January 14, 1992 Page 2 Ms. Roberts further explained that the main function of the Metropolitan Opera is to discover new talent and to assist young opera singers in their development. She said that the Sun Newspaper provides publicity to the Metropolitan Opera free of charge as a public service. She further provided a very extensive report of the Metropolitan Opera's auditions, functions and activities A question and answer session ensued. It was noted that the Metropolitan Opera has submitted a request to the Arts Foundation in Riverside and the Chamber of Commerce for funding assistance. It was established that neither the city of Riverside or the Riverside County have previously assisted said group. It was noted that much of the financial assistance comes primarily from private entities. It was established that currently the City of San Bernardino is the only city in the Inland Empire that has the financial mechanism to assist fine arts groups such as the Metropolitan Opera. Ms. Press stated that the Fine Arts Grants are primarily allocated to local groups who have residence in the City of San Bernardino and said funds must be utilized within the community. She explained that many of the Metropolitan Opera's awardees are not from the City of San Bernardino. She further cautioned the Commission that the grants not be awarded to organizations outside the community. Ms. Gwendolyn Roberts explained that her organization is part of a national program. She stated that said program is exclusively for the purpose of searching, finding and encouraging talented individuals who are aspiring artists to enhance their musical abilities at a national level and not simply for local talented individuals. A lengthy discussion ensued regarding the Metropolitan Opera's application. Several issues were noted as follows: * That the Metropolitan Opera establish a formal Board of Directors in order that her organization be considered more professional. * That the Metropolitan Opera be advise on how the Fine Arts Grants should be awarded if granted. * That a Member of the Fine Arts Commission meet with a member of the Metropolitan Opera's Board of Directors to further inquire as to the function of the Board of Directors. . . Fine Arts Commission Minutes January 14, 1992 Page 3 * That the expenditures for the dinner provided to the judges by the Metropolitan Opera after the auditions be carefully studied to determine if such expense is needed. Several motions were made as follows: B) To approve one half of the total amount requested by the Metropolitan opera Association as follows: total amount requested $3,800.00. Total amount granted $1,900.001 and That after a meeting has been held between a Fine Arts Commission member and a Metropolitan Opera's Board Member that a report of said findings be provided to the entire Fine Arts Commission. Further that if the Metropolitan Opera merits more funding, they may granted more funds at a later time if said funds are available1 and A) C) That the Metropolitan Opera be required to have a more professional organization, if same organization plans to apply for future Fine Arts Grants. All three motions carried unanimously. II. Mr. Richard Johnston - Eavctian Exhibit Ms. Press stated that the EgYptian Exhibit was well presented and merits a great deal of praise. She provided a brief summary of said event. She further reported that the time allocated by the museum to local schools is filled to capacity. She provided the following schedule for the EgYptian Exhibit at the museum, admission is free of charge: January 8, 1992 - March 1, 1992 Hours Tuesday - Saturday from 9:00 a.m. to 5:00 p.m. Hours Sunday from 11:00 a.m. to 5:00 a.m. IV. Special Committee Review - California Theater Commission Member Mike Hough expressed his apologies to the Special Committee Members for not consulting with them prior to submitting his final report to the Office of the Mayor. He also apologized to the Fine Arts Commission Members for not providing them with the report prior to submitting it to the Office of the Mayor. He explained that due to time constraints he thought it important to expedite his findings directly to the Office of the Mayor. . . Fine Arts Commission Minutes Tuesday, January 14, 1992 Page 4 Commission Member Hough further explained that the issue was very difficult to deal with. He said that the Fine Arts Commission was not in the position to take sides but rather to be a neutral observer of the situation to try to provide an equitable solution. Ms. Press expressed her support of the report provided by the Special Committee. She provided a brief summary of the actions taken by the Council. She also said that as of today the Fine Arts Commission has not received the requested financial statement from the California Theater. A lengthy discussion ensued concerning the report. DISCUSSION It was noted and suggested to send a letter to each of the grant recipients informing them that the Fine Arts Commission will be monitoring the expenditures of their grants. And to request that each recipient provide an accounting report by May, 1992 to the Fine Arts Commission outlining the allocation of funds granted. It was also recommended that the Fine Arts Commission Members attend some of the events for which the grants have been allocated in order to evaluate the number of people attending said events. v. Adiournment There being no further business, the Fine Arts Commission meeting of Tuesday, January 14, 1992 adjourned at 4:00 p.m. The next meeting will be on Tuesday, February 11, 1992 at 3:00 p.m., in the Management Information Center (MIC), 6th Floor, 300 North "0" Street, San Bernardino, California. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 27 28 . . RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE 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 the Metropolitan Opera Auditions a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference 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. 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 , 1992, by the following vote, to day of wit: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENl' ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk. The foregoing resolution is hereby approved this day of , 1992. 16 W. R. "Bob" Holcomb, Mayor City of San Bernardino 17 Approved as to form and legal content: 18 JAMES F. PENMAN 19 City Attorney 20 . AZ- rh.-.--- 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and Metropolitan opera Auditions a non-profit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance from City for the fiscal year 1991-92, in order to assist in defraying the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organization's grant proposal (hereinafter "the proposal") approved by the Fine Arts Commission of the City, a copy of which proposal is on file in the Office of Cultural Affairs. The terms of the proposal are incorporated herein by reference and shall govern the uses of the funds provided herein. The financial assistance provided for in this agreement is made on a one-time only basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this Agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the promotion of art appreciation in San Bernardino, as more fully set forth in the proposal submitted by Organization. 2. Pavment. Upon presentation of a claim to the City 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . Finance Director, City shall pay to organization from the budget for the 1991-92 fiscal year, the total sum of one thousand nine hundred dollars, to cover the costs per the Fine Arts grant application agreement. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph 1 and in strict compliance with the provisions set forth in the proposal. No deviation from the proposal shall be made without the express approval of the City of San Bernardino. Said funds shall be expended by June 30, 1992, and any unexpended funds shall be returned to City by Organization. 4. Accountinq. At such time or times as may be requested by the city Administrator or Director of Finance of City, Organization shall submit to the City Administrator, with a copy to the Director of Finance and the San Bernardino Fine Arts Commission, an accounting of the proposed and actual expenditures of all revenues accruing to the organization for the fiscal year ending June 30, 1992. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such a manner as to permit City to easily trace the expenditures of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the city or its officers or agents. 5. Hold Harmless. organization covenants and agrees to defend, indemnify, and hold harmless the City and its 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this agreement. payments hereunder are made with the understanding that the city is not involved in the performance of services or other activities of Organization. organization and its employees and agents are independent contractors and are not employees or agents of the city in performing said services. 6. Termination. City shall have the right to terminate this Agreement and any funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to city. In addition, organization shall reimburse to City any funds expended which were used for any purposes other than those authorized under this Agreement. 7. Assianment. Organization shall not assign its interest in this Agreement without the prior written approval of city. 8. maintain Insurance. during the organization shall take out and life of this Agreement such public 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, organization and its agents performing acts covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operations hereunder, whether such operations be by Organization or its agents or by anyone directly or indirectly employed by either organization or its agents, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less than $100,000 for injuries, including, but not limited to, death, to anyone person, and subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence; (b) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of anyone occurrence. (c) Workers Compensation. Organization shall provide workers compensation insurance in the amount required by state law if the funds provided hereunder are to be paid as salary to any employee of organization. Organization shall require that all rights of subrogation under such policy of workers compensation insurance shall be waived as to City. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. 4 1 . . 9. Obliqation. Organization hereby covenants that it 2 has taken all actions necessary to make the adherence to the 3 obligations imposed by this agreement a binding obligation of 4 the organization. 5 10. Notices. All notices herein required shall be in 6 writing and delivered in person or sent by certified mail, 7 postage prepaid, addressed as follows: 8 9 10 11 12 As to City: As to Organization: Metropolitan Opera Auditions Attn: Gwendolyn Roberts 1898 Genevieve street San Bernardino, CA 92405 11. Entire Aqreement. This Agreement and any documents city Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92401 13 or instruments attached hereto or referred to herein integrate 14 all terms and conditions mentioned herein or incidental 15 hereto, and supersede all negotiations and prior writing in 16 respect to the subject matter hereof. In the event of 17 conflict between the terms, conditions or provisions of this 18 Agreement, and any such document or instrument, the terms and 19 conditions of this Agreement shall prevail. 20 21 the term of this Agreement it shall not discriminate in 12. Non-Discrimination. Organization agrees that for 22 23 24 25 26 27 28 employment, recruitment, hiring, admission practices, advertising or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: 5 1 2 3 4 5 6 7 8 9 10 11 . . AGREEMENT RE: THE CITY OF SAN BERNARDINO AND METROPOLITAN OPERA AUDITIONS. CITY OF SAN BERNARDINO w. R. "Bob" Holcomb, Mayor ATTEST: . City Clerk ORGANIZATION 12 Approved as to form and legal content: 13 JAMES F. PENMAN 14 City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~A<'~" 1 / / / / / / / / / / / / / / / / / / fc,.......~ 6