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CITY OF SAM BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Jean Andersen, Fine Arts Liaison Subject:
Approve recommendation by the Fine
Arts Commission to grant $15,000
to Sinfonia Mexicana Society
Dept:
Office of the Mayor
)ate: September 2, 1994
nopsis of Previous Council action:
1993:
1992:
'IMIN" OH'lC:c'
Resolution #93-422 approved ($20,000)
Resolution #92-446 approved ($20,000)
19 $:'? C)!~ 11: C3
Recommended motion:
ADOPT RESOLUTION
~h~__ 0JA~ .
Y Signature
./
Contact person: Jean Andersen
Phone: ,::a.YT C\, , ..4
Supporting data attached:
FUNDING REQUIREMENTS:
YES
Ward: n.T.
Amount: $1 t; I nnn
Source: (Acct. No.) on1 -n'l1 -t;"lf;nt;
''''''.0_''''0'' ",p .:::, ~&~
./
Council Notes:
7S.0262
Agenda Item NO~
r^"'f'
CITY OF SAN BERN.,.DINO - REQUEST FOf' COUNCIL ACnON
"",.."
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
SINFONIA MEXICANA SOCIETY
The Sinfonia Mexicana program is an international, collaborative
effort involving the Hispanic community, the government of Mexico,
the City of San Bernardino, and the Inland Empire Symphony. It was
founded ten years ago as a means of promoting increased awareness
and appreciation of Mexican music and culture. It also addresses
the need for diverse cultural activities representing our
community's ethnic diversity.
There will be three performances this year, the most important
being a Tenth Anniversary Celebration. The other two programs are
a Sinfonia Mariachi Concert and a pops concert which will be held
in conjunction with a Cinco de Mayo Festival. Art shows featuring
local Hispanic artists will also be featured along wth the
performances.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
6,750
3
$106,080
$ 82,000
The grant request was for $25,000. The Fine Arts Commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $15,000.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA SOCIETY
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 Aqreement with the Sinfonia Mexicana Society, a copy
of which is attached hereto marked Exhibit "A" and
incorporated herein by reference as fully as thouqh set forth
at 1enqth.
SECTION '2.
The authorization to execute the above-
referenced aqreement is rescinded if. the parties to the
aqreement fai~. to execute it within sixty (60) days of the
passaqe of this resolution.
I HEREBY CERTIFY that the foreqoinq resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meetinq thereof, held on the
, 1994, by the fo11owinq vote, to
wit:
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~SOLt7TION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OJ' AN AGREEMENT WITH THE SINFONIA MEXlCANA SOCIETY
FOR THE PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
AXH
HAm
ABSTAIN lIMIMT'
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
city of San Bernardino
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Fine Art. Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
The Sinfonia Mexicana Society, a non-profit orqanization,
referred to as "Organization."
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1994-95, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Orqanization as set forth in
Orqanization I s grant proposal. (hereinafter "tile 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 Ii. 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
Finance Director, City shall pay to Orqanization from the
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budqet for the 1994-95 fiscal year, the total sum of $15,000
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3. Use of Funds. The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph land
in strict compliance with the provisions set forth in the
aqreement. No deviation from the aqreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountincr. Within 20 days after the completion of
the event, the Orqanization shall submit to the City
Administrator, with a copy to the Director of Finance an
accountinq of the actual exPenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenerally accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
orqanization are to be kept open for inspection at any time
durinq the business day by the City or its officers or aqents.
Failure to submit the financial records in accordance with
this section will result in the Orqanization reimbursinq the
City.
5. Hold Harmless. Orqanization covenants and aqrees to
defend, indemnify, and hold harmless the city and its
employees and aqents from all liabilities and charqes,
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expenses (includinq counsel fees), suits or losses however
occurrinq, or damaqes arisinq or qrowinq out of the use or
receipt of the funds paid hereunder and all operations under
this aqreement. Payments hereunder are made with the
understandinq that the city is not involved in the performance
of services or other activities of Orqanization. Orqanization
and its employees and aqents are independent contractors and
are not employees or aqents of the City in performinq said
services.
6. Termination. city shall have the riqht to terminate
this Aqreement and any fundinq remaininq unpaid hereunder for
any reason by mailinq a ten-day written notice to Orqanization
and this aqreement shall terminate ten days after the mailinq
of such notice. In the event this Aqre_ent 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. II.
addition, Orqanization shall reimburse to city any funds
expended which were used for any purposes other than those
authorized under this Aqreement.
7. Assianment. Orqanization shall not assiqn its
interest in this Aqre_ent without the prior written approval
of city.
8. Insurance. Orqanization shall take out and
maintain durinq the life of this Aqreement such public
liability and property damaqe insurance as shall insure City,
its elective and appointive boards, cOlDlllissions, officers,
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2 agents and employees, organization and its agents performing
..
3 acts covered by this Agreement from clau.' for damages for
4 personal injury, including death, as well, as from claims for
5 property damage which may arise from organization's or its
6 agents' operations hereunder, whether such operations be by
7 Organization or its agents or by anyone directly or indirectly
8 employed by either Organization or its agents, and the amounts
9 of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less
11 than $100,000 for injuries, including, but not limited to,
12 death, to anyone person, and subject to the same limit for
13 each person, in an amount not less than $100,000 on account of
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14 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 h~reunder are to be paid as salary
to any employee of organization. Organization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to city. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliaation. organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
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2 the orqanization.
10. Notices. All notices herein required shall be in
writinq and delivered in person or sent by certified mail,
postaqe prepaid, addressed as follows:
As to City:
city Administrator
City of San Bernardino
300 North "0" st.
San Bernardino, CA 92418
As to Orqanization:
Graciano Gomez, President
Sinfonia Mexicana Society
362 W. Court st.
San Bernardino, CA 92401
11. Entire Aareement. This Aqreement and any documents
11 or instruments attached hereto or referred to herein inteqrate
12 all terms and conditions mentioned herein or incidental
13 hereto, and supersede all neqotiations and prior writinq -in
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respect to the subject matter hereof.
In the event of
conflict between the terms, conditions or provisions of this
Aqreement, and any such document or instrument, the terms and
conditions of this Aqreement shall prevail.
12. Non-Discrimination. Orqanization aqrees that for
the term of this Aqreement it shall not discriminate in
employment,
recruitment,
hirinq,
admission practices,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
ATTEST:
City Clerk
Approved as to form
and leqal content:
JAMES F. PENMAN
City Attorney
By:
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ORGANIZATION
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FINE ARTS WORKSHEET-
FISCAL YEAR 1994-95
TOTAL AMOUNT REQUESTED:
TOTAL AMOUIIT AVAXLABLE:
BALANCE (SHORTFALL)
$327,920
180.000 (GENERAL PUND-PXNE ARTS PEES)
($147,920)
ORGAN.
AMT. AMT.
REQSTED REQSTED
94-95 93-94
AMT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.8% DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera
I.E. 100000 80,000 80,000 .66 18% 65,000.
sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11.91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
CITY OF SAN BERNARDINO - REQUEST FO.R COUNCIL ACTION
F.om: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine
Arts Commission to grant $3,500
Dept: Office of the Mayor to Stage One Players
Da~: September 2, 1994
Synopsis of Previous Council action:
NONE
D._IN" (),"dL:2.
J s:? 9!~ u: G4
Recommended motion:
ADOPT RESOLUTION
f2h/ ~A~.J
./ Signature
Contact person: Jean Andersen
Phone: ext. 5114
Supporting data atr...hKI: YES
Ward: ALL
FUNDING REQUIREMENTS:
Amount: $3.500
Source: (Acct. No.) 001-091-53605
''''''. """'",;", Fi~ Ai.. ~ ~;Z .
Fin8l'lce: ~~-
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Council Notes:
75-0262
Agenda Item No
//8
CITY OF SAN BERN~DINO - REQUEST FAR COUNCIL ACTION
"'~d
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STAFF REPORT
e..-'
FINE ARTS COMMISSION
APPLICANT:
STAGE ONE PLAYERS
Stage One Players produce the Annual Shakespeare Theater Festival
in downtown San Bernardino. The Festival was initiated in July,
1993 when Stage One Players joined efforts with Main Street, Inc.,
to provide an outdoor theater festival atmosphere at Court Street
Square with two Shakespearean productions. In 1994, Stage One
presented three productions in four downtown locations.
Additionally, they organized a hospital tour and performed scenes
from various plays for shut-ins. They also joined with S.I.L.K.
Productions to showcase works by new playwrights.
The intent of Stage One Players is to provide an educational
environment in which local residents can experience classical
Shakespearean works for little cost. This will allow senior
citizens, students, and other low-income individuals to see high-
quality theater without the high price.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
3,000+
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$24,500
$17,000
The grant request was for $7,500. The Fine Arts Commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $3,500.
75~0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF i SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE STAGE ONE PLAYERS FOR THE
PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Aqreement with the Staqe One Players, a copy of which
9 is attached hereto marked Exhibit "A" and incorporated herein
10 by reference as fully as though set forth at length.
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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
, 1994, by the following vote, to
day of
wit:
/
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RESOLUTION 01" THE CITY 01" SAN BERNARDINO AUTHORIZING THE
2 EXECUTION 01" AN AGREEMENT WITH THE STAGE ONE PLAYERS FOR THE
PROMOTION 01" ARTS AND CULTURE.
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
AID
~
ABSTAIN ]1-"
City Clerk
The foreqoinq resolution" is hereby approved this
day of , 1994.
Approved as to
form and leqal content:
JAMES 1". PENMAN
City Attorney
BY:
T01\\ Minor, Mayor
City of San Bernardino
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AGR.K~.'
Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
The Stage One Players, 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 1994-95, 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 I 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 mu."licipal 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 City
Finance Director, City shall pay to Organization from the
,
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budget for the 1994-95 fiscal year, the total sum of $3,500
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
agreement. No deviation from the agreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Organization.
4. Accountincr. Within 20 days after the completion of
the event, the Organization shall submit to the City
Administrator, with a copy to the Director of Finance an
accounting of the actual expenditures connected with said
event as it relates to the funds 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 aqrees to
defend, indemnify, and hold harmless the City and its
employees and agents from all liabilities and charges,
-.L~.:!.'
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e~enses (includinq counsel fees), suits or losses however
occurrinq, or damaqes arisinq or qrowinq out of the use or
receipt of the funds paid hereunder and all operations under
this aqreement.
Payments hereunder are made with the
understandinq that the City is not involved in the performance
of services or other activities of Orqanization. Orqanization
and its _ployees and aqents are independent contractors and
are not _ployees or aqents of the City in performinq said
services.
6. Term.i.nation. City shall have the riqht to terminate
this Aqreement and any fundinq remaininq unpaid hereunder for
any reason by mailinq a ten-day written notice to Orqanization
and this aqre_ent shall termi~ate ten days after the mailinq
of such notice. In the event this Aqre_ent is terminated for
reasons of improper use of funds or use of funds for any
purpose other than those authorized, any unexpended portion of
Rthe funds provided by City shall be returned to City. In
addition, Orqanization shall reimburse to City. any funds
expended which were used for any purposes other than those
authorized under this Aqre_ent.
7.
Assianment.
Orqanization shall not assiqn its
interest in this Aqre_ent without the prior written approval
of City.
8.
Insurance.
.
Orqanization shall take out and
maintain durinq the life of this Aqre_ent such public
liability and property damaqe insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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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
Orqanization 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 les8 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. Orqanization shall provide
workers compensation insurance in the amount required by state
law if the funds provided ~ereunder are to be paid as salary
to any employee of orqanization. Orqanization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to city. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliaation. Organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this a~reement a binding obligation of
'.
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the orqanization.
10. Notices. All notices herein required shall be in
writinq and delivered in person or sent by certified mail,
postaqe prepaid, addressed as follows:
As to City:
city Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
As to Orqanization:
Wendi Hastinqs, Director
Staqe One Players
813 N. "0" st. '2
San Bernardino,CA 92401
11. Entire Aareement. This Aqreement and any docUllle;1ts
or instrUlllents attached hereto or referred to herein inteqrate
all terms and conditions mentioned herein or incidental
hereto, and supersede all neqotiations and prior writinq in
respect to the subj ect matter hereof.
In the event of
conflict between the terms, conditions or provisions of this
Aqreement, and any such docUlllent or instrUlllent, the terms and
conditions of this Aqreement shall prevail.
12. Non-Discrimination. Orqanization aqrees that for
the term of this Aqreement it shall not discriminate in
employment,
recruitment, ~ hirinq,
admission practices,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CI'l'Y OF SAN BERNARDINO AND THE S'l'AGE ONE
PLAYERS FOR THE PROMO'l'ION OF THE AR'l'S AND CUL'l'URE.
A'l"1'ES'l':
City Clerk
Approved as to form
and leqal content:
JAMES F. PENMAN
City Attorney
By:
CI'l'Y OF SAN BERNARDINO
'l'om Minor, Mayor
ORGANIZA'l'ION
-48-
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FINE ARTS WORKSHEET .
FISCAL YEAR 1994-95
o
TOTAL AMOUNT REQUESTED:
~AL UOUft AVAILABLB:
BALANCE (SHORTFALL)
$327,920
180.000 (GBHBRAL ~UND-PIHB ARTS PBBS)
($147,920)
ORGAN.
ANT. ANT. ANT. COSTI
REQSTED REQSTED FUNDED PERSON
94-95 93-94 93-94
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.8% DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 1i,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,5ClO
Opera
I.E. 100000 80,000 80,000 .66 18%. 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 J,500 2,500 11.91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 2.5,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
. .
- -
C;:ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts LiaisonSubject: Approve recommendation by the Fine
Arts Commission to grant $1,500
Dept: Offi.ce of the Mayor to Prime Time Choraliers
Da~: September 2, 1994
Synopsis of Previous Council action:
1993:
Resolution #93-446 approved ($2,500)
\DlllN.. Or;.'1\,;2
r) s:? 9', 11: 04
Recommended motion:
ADOPT RESOLUTION
~o-/ ~/v--___
t/ Signature
Con~ person: Jean Andersen
Phone: .:av+- ~ , 1 A
Supporting data attached:
VEl';
Ward: :aT.T.
FUNDING REQUIREMENTS:
Amount: $1. "00
Source: (Acct. No.1 nn, -nQ1 _" 'H:n"
IA"'D~,;","'" ""P ~=->p/~____
, Council Notes:
75-0262
Agenda Item No
Ije
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CITY OF SAN BERN.,.DINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
PRIME TIME CHORALIERS
The Prime Time Choraliers is an organization composed of senior
citizens from the San Bernardino area offering appropriate
expression of music in the lives of its members, church clubs, as
well as social and civic groups. The average age of the group is
seventy-five years. The chorus was formed in 1986 as an out-growth
of AARP 2083. It does not charge admission for its performances.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
1,000
30
$9,515
$1,980
The grant request was for $4,035. The Fine Arts commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $1,500.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR
THE PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with the Prime Time Choraliers, a copy of
9 which is attached hereto marked Exhibit "A" and incorporated
10 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
, 1994, by the following vote, to
day of
wit:
/
/
/
/
/
/
/
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR
THE PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
~
~
ABSTAIN lI.MIlVI'
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
City of San Bernardino
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% t1~ ~"~~."I~"~
Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "city" and
The Prime Time Choraliers, 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 1994-95, 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 n)
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 aqre_ent is made on
a one-time only basis, an~ 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
Finance Director, City shall pay to Organization from the
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budqet for the 1994-95 fiscal year, the total sum of $1,500
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3. Use of Funds. The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph 1 and
in strict compliance with the provisions set forth in the
aqreement. No deviation from the aqreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountincr. Wi thin 20 days after the completion of
the event, the Orqanization shall submit to the City
Admini15trator, with a copy to the Director of Finance an
accountinq of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenerally accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
orqanization are to be kept open for inspection at any time
durinq the business day by the City or its officers or aqents.
Failure to submit the financial records in accordance with
this section will result in the orqanization reimbursinq the
City.
5. Hold Harmless. Orqanization covenants and aqrees to
defend, indemnify, and hold harmless the City and its
employees and aqents from all liabilities and charqes,
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expenses (including counsel fees), suits or losses however
occurrfnv.,.:,Clr. 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. Orqanization
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.
Orqanization shall not assign its
interest in this Agreement without the prior written approval
of city.
8.
Insurance.
Orqanization shall tak~ out and
maintain during the life of this Agreement such public
liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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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:
Ca) 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 $1.00,000 on account of
anyone occurrence;
Cb) 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.
Cc) Workers Compensation. Orqanization 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. Orqanization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliqation. Orqanization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
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the organization.
10. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
As to City:
As to Organization:
City Administrator Jack Henley, President
City of San Bernardino Prime Time Choraliers
300 N. D st. 4040 E. Piedmont Dr. '201
San Bernardino, CA 92418 Highland, CA 92346
11. Entire Aareement. This Agreement and any documents
or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental
hereto, and supersede all negotiations and prior writing in
respect to the subj ect 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 ill any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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AGREEMEN'l' RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME
eHORALIERS FOR THE PROMOTION. OF THE ARTS AND CULTURE.
ATTEST:
City Clerk
Approved as to form
and leqal content:"
JAMES F. PENMAN
City Attorney
By:
..
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ORGANIZATION
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FINE ARTS WORKSHEET
FISCAL YIAR 1994-95
o
TOTAL AMOUNT REQUESTED:
TOTAL M01Jll'1' AVAILABLE:
BALANCE (SHORTFALL)
$327,920
180.obo (GENERAL FUND-FINE ARTS FEES)
($147,920)
ORGAN.
AMT. AMT.
REQSTED REQSTED
94-95 93-94
AMT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.8% DENIED
L_Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera
I.E. 100000 80,OQO 80,000 .66 18% 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
I I
CITY OF SAN E;ERN4,RDINO - REQUEST F()R COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine
Arts Commission to grant $12,000
Dept: Office of the Mayor to Inland Dance Theatre, Inc.
Da~: September 2, 1994
Synopsis of Previous Council action:
1993:
1992:
\!J.;L~.. OrHeii'
Resolution #93-421 approved ($22,000)
Resolution #92-420 approved ($22,000)
9 S::? 9<; 11: C4
Recommended motion:
ADOPT RESOLUTION
p".d (::,&.u--J
. Signature
Contact person: Jean Andersen
Phone: ext. 5114
Supporting data attached:
YES
W.rd:
ALL
FUNDING REQUIREMENTS:
Amount: $12.000
Source: (Acct. No.1 001-091-53605
(Acct. Descriotionl Fine
Arts~ ~
Finll1ce" ~-
Council Notes:
75-0262
Agenda Item No II D
CITY OF SAN BERN6,RDINO - REQUEST FAR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
INLAND DANCE THEATER, INC.
This will be the 19th year "Nutcracker" will be produced by the
Inland Dance Theatre, Inc. OVer 100,000 school children have seen
"Nutcracker" during the past 18 years bringing ballet, music and a
live performance into their lives. Last year an additional Friday
performance for the Inland Empire Girl Scout Council and their
families was given and is planned again for this year.
The cast is 98% local talent, which not only gives area children a
showcase to present their talent, but it provides a showcase for
the local community. Many of these children go on to work with
some of the country's best known ballet companies. Free admission
is provided to 4,500 children.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
8,800
6
$97,000
$82,000
(This was the only organization submitting a request which was
lower than the amount requested last year.)
The grant request was for $15,000. The Fine Arts Commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $12,000.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF 'SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE,
INCORPORATED 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 Aqreement with the Sinfonia Mexicana Society, a copy
of which is attached hereto marked Exhibit "A" and
incorporated herein by reference as fully as thouqh set forth
at lenqth.
SECTION 2.
The authorization to execute the above-
referenced aqreement is rescinded if the parties to the
aqreement fail to execute it within sixty (60) days of the
passaqe of this resolution.
I HEREBY CERTIFY that the foreqoinq resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meetinq thereof, held on the
, 1994, by the followinq vote, to
wit:
/
/
/
/
/
/
/
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE,
INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
.un
~
ABSTAIN AMIlm'
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
City of San Bernardino
..
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r .t1~ ~:A"I~"~J1
Fine Arts Fundina
~.
THIS AGREEMENT is entered into between the CITY OF SAN
BERN~INO, a municipal corporation, referred to as "City" and
The Inland Dance Theatre, Incorporated, 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 1994-95, in order to assist in
defraying the expense of certain concerts, show., festivals or
events or activities sponsored by Organization as set forth in
Organization I 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 Agre_ent.
B. The expenditure i. for a valid municipal public
purpose, to wit: for the promotion of art appreciat10n in San
Bernardino, as more fully set forth in the proposal submitted
by Organization.
2. Pavment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the
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budqet for the 1994-95 fiscal year, the total sum of $12,000
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3. Use of Funds. The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph 1 and
in strict compliance with the provisions set forth in the
aqreement. No deviation from the aqreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountincr. Within 20 days after the completion of
the event, the Orqanization shall submit to the City
Administrator, with a copy to the Director of Finance an
accountinq of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenerally accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
orqanization are to be kept open for inspection at any time
durinq the business day by the City or its officers or aqents.
Failure to submit the financial records in accordance with
this section will result in the Orqanization reimbursinq the
City.
5. Hold Harmless. Orqanization covenants and aqrees to
defend, indemnify, and hold harmless the City and its
employees and aqents from all liabilities and charqes,
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expenses (includinq counsel fees), suits or losses however
occurrinq, ~;or~'1iamaqe. arisinq or qrowinq out of the use or
receipt of the funds paid hereunder and all operations under
this aqreement. Payments hereunder are made with the
understandinq that the City is not involved in the performance
of services or o~er activities of Orqanization. Orqanization
and its employees and aqents are independent contractors and
are not employees or aqents of the City in performinq said
services.
6. Termination. City shall have the l'iqbt to terminate
this Aqreement and any fundinq remaininq unpaid hereunder for
any reason by mailinq a ten-day written notice to Orqanization
and this aqreement shall terminate ten days after the mailinq
of such notice. In the event this Aqreement i. 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, Orqanization shall reimburse to city any funds
expended which were u.ed for any purpo.e. other than those
authorized under this Aqreement.
'7. Assicmment. Orqanization shall not assiqn its
interest in this Aqreement without the prior written approval
of city.
8. lMYl'ance. Orqanization shall take out and
maintain durinq the life of this Aqreement such public
liability and property damaqe insurance as shall insure City,
its elective and appointive boards, commissions, Officers,
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aqents and employees, orqanization 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
Orqanization 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:
Ca) 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 o-f
anyone occurrence;
Cb) 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.
Cc) Workers Compensation. Orqanization 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. Orqanization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliaation. Orqanization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
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2 the organization.
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10. Notices. All no~ices herein required shall be in
4 writing and delivered in person or sent by certified mail,
5 postage prepaid, addressed as follows:
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As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Organization:
J.ean 0 I Leary, President .
Inland Dance Theatre, Inc.
P.O. Box 3691
San Bernardino, CA 92413
11. Entire Acrreement. This Agreement and any docUlllents
11 or instrUlllents attached hereto or referred to herein integrate
12 all terms and conditions mentioned herein or incidental
13 hereto, and supersede all negotiations and prior writing in
14 respect to the subject matter hereof.
In - the event of
conflict between the terms, conditions or provisions of this
Agreement, and any such docUlllent or instrUlllent, 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,
advertisinq or in any other manner on the basi. of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLlUID DANCE
THEATRE, INCORPORATED FOR THE PROMOTION OF THE ARTS AND
CULTURE.
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and leqal content:
JAMES F. PENMAN
city Attorney
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FINE ARTS WORKSHEET
FISCAL YEAR 1994-95
o
TOTAL AMOUNT REQUESTED:
TOTAL AMOUllT AVAILABLE a
BALANCE (SHORTFALL)
$327,92d
180.000 (GENERAL
($147,920)
PUND-PINE ARTS PEES)
ORGAN.
AMT. AMT. AMT. COST/
REQSTED REQSTED FUNDED PERSON
94-95 93-94 93-94
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.n DENIED .
Polk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera
I.E. 100000 80,000 30,000 .66 1n 65;000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
- -
CITY OF SAN BERN~RDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine
Arts Commission to grant $2,000
Dept: Office of the Mayor to Metropolitan Opera Auditions
Date: September 2, 1994
'ynopsis of Previous Council action:
1993:
1992:
Resolution #93-445 approved ($2,500)
Resolution #92-50 approved ($1,900)
IJ"llN.. OFFiCi:
) Si:? ljt, 1 t: C3
Recommended motion:
ADOPT RESOLUTION
e,tI,p ~,L,~~--~
(;/ Signature
Contact person: Jean Andersen
Phone: ext. 5114
Supporting data attached: YES
Ward: ALL
FUNDING REQUIREMENTS:
Amount: $2.000
Source: (Acct. No.! 001-091-53605
( Acct. DescriDtion I
Fine Arts ~
Finance: ~;7/r ~
/ '
--
..ouncil Notes:
75-0262
Agenda Item No
//6
CITY OF SAN BERN~DINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
METROPOLITAN OPERA AUDITIONS OF
SAN BERNARDINO-RIVERSIDE COUNTIES
The San Bernardino-Riverside Metropolitan Opera Auditions is one of
six Districts representing the Western Region of the Metropolitan
opera National Council Auditions. Its purpose is to find
exceptionally talented opera singers and to assist in their
development as well as discover new talent for the Metropolitan
Opera. Additionally, it searches for possible participants in the
Young Artist Development Program of the Metropolitan Opera Assn.
The local auditions give singers an opportunity to be heard and
encouraged in their careers and provides contacts with producers
and directors in the vocal concert community.
Winners of the local auditions are sent to Los Angeles and required
to stay there for one or two nights during the Regional Auditions.
A Master Class is also held at Valley College for the participants
and is conducted by a major vocal authority as clinician.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
380
2
$7,275
$3,700
The grant request was for $3,575. The Fine Arts Commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $2,000.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO-RIVERSIDE
COUNTIES METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF
4 ARTS AND CULTURE.
5 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 San Bernardino-Riverside Countiee
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
day of
meeting thereof, held on the
, 1994, by the following vote, to
20 wit:
21 /
22 /
23 /
24 /
25 /
26 /
27 /
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECU'l'ION OF AN AGREEMENT WITH THE SAN BERNARDINO-RIVERSIDE
COUNTIES METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF
ARTS AND CULTURE.
COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
AXU.
NAYS
ABSTAIN l\~
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
City of San Bernardino
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:L~~ ~..-04y'~
Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
The San Bernardino-Riverside Counties Metropolitan Opera
AUditions, a non-profit orqanization, referred to as
"Orqanization."
The parties aqree as follows:
1. Recitals.
A. Orqanization has requested financial assistance
from City for the fiscal year 1994-95, in order to assist in
defrayinq the expense of certain concerts,. shows, festivals or
events or activities sponsored by Orqanization as set forth in
Orqanization I s qrant 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 qovern the uses of the funds provided herein. The
financial assistance provided for in this aqre_ent is made on
a one-time only basis, and receipt of said funds shall not
imply a continuinq obliqation of the City beyond the terms of
this Aqre_ent.
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 Orqanization.
2. PaYment. Upon presentation of a claim to t.he City
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Finance Director, city shall pay to Orqanization from the
budqet for the 1994-95 fiscal year, the total SUlD of $2,000
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3. Use of Funds. The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph 1 and
in strict compliance with the provisions set forth in the
aqreement. . No deviation from the aqreement shall be made
without the express approval of the City of San Bernardino.
Said funds sl.all be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountina. Within 20 days after the completion of
the event, the Orqanization shall submit to the City
Administrator, with a copy to the Director of Finance an
accountinq of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenerally accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
orqanization are to be kept open for inspection at any time
durinq thti business day by the City or its officers or aqents.
Failure to submit the financial records in accordance with
this section will result in the Orqanization reilDbursinq the
city.
5. Hold Harmless. Orqanization covenants and aqrees to
defend, indemnify, and hold harmless the City and its
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employees and agents from all liabilities and charges,
expense. (including counse~ fees), suits or ~osses 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 Orqanization
and this agreement shall terminate ten day. 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. Assicmment. Orqanization shall not as.iqn its
interest in thil9 Agreement without the prior written approval
of City.
8. Insurance. Orqanization shall take out and
maintain during the life of this Agreement such public
liability and property damage insurance as shall insure City,
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its elective and appointive boards, commissions, officers,
aqents and employees, orqanization and its aqents performinq
acts covered by this Aqreement from claims for damaqes for
personal injury, includinq death, as well as from claims for
property damaqe which may arise from Orqanization's or its
aqents' operations hereunder, whether such operations be by
Orqanization or its aqents or by anyone directly or indirectly
employed by either Orqanization or its aqents, and the amount a
of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less
than $100,~00 for injuries, includinq, but not limited to,
death, to anyone-person, and subject to the saae limit for
each person, in an amount not less than $100,000 on aocount of
anyone occurrence:
(b) Property Damaqe Insurance. In an amount of not less
than $50,000 for damaqe to the property of each person on
account of anyone occurrence.
(c) Workers Compensation. Orqanization 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 orqanization. Orqanization shall require
that all riqhts of subroqation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in eac~ policy of
insurance provided hereunder.
9. Obl!aation. Orqanization hereby covenants that it
has taken all actions necessary to make the adherence to the
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2 obliqations imposed by this aqreement a bindinq obliqation of
3 the orqanization.
4
10. Notices. All notices herein required shall be in
5 writinq and delivered in person or sent by certified mail,
6 postaqe prepaid, addressed as follows:
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As to City:
City Administrator
City of San Bernardino
300 N. D st.
San Bernardino, CA 92418
As to Orqanization:
Gwendolyn Roberts, Director
San Bernardino-Riverside
Counties Metropolitan Opera
Auditions
1898 Genevieve St.
San Bernardino, CA 92405
11. Entire Aareement. This Aqreement and any documents
or instruments attached hereto or referrel:\ to herein inteqrate
all terms and conditions mentioned herein or incidental
hereto, and supersede all neqotiations and prior writinq in
respect to the subj ect matter hereof.
In the event of
conflict between the terms, conditions or provisions of this
Aqreement, and any such document or instrument, the terms and
conditions of this Aqreement shall prevail.
12. Non-Discrimination. Orqanization aqrees that for
the term of this Aqreement it shall not discriminate in
recruitment,
hirinq,
admission practices,
employment,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
26 DATED:
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4 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO-RIVERSIDE METROPOLITAN OPERA AUDITIONS FOR THE
5 PROMOTION OF THE ARTS AND CULTURE.
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ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By:
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ORGANIZATION
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FINE ARTS WORKSHEET
FISCAL Y!AR 1994-95
o
TOTAL AMOUNT REQUESTED:
TOTAL UOmIT AVAILABLE:
BALANCE (SHORTFALL)
$327,920
180.000 (GEHERAL PUHD-PIHE ARTS PEES)
($147,920)
ORGAN.
AMT. AMT.
REQSTED REQSTED
94-95 93-94
AMT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.8% DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 21),000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,5(10
Opera.
I.E. 100000 80,000 80,000 .66 18% 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opc"a
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA " 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
. CITY OF SAN BERN4RDINO - REQUEST FOR COUNCIL ACTION
Ffom: Jean Andersen, Fine Arts Liaison Subject:Approve recommendation by the Fine
Arts Commission to grant $11,000
Dept: Office of the Mayor to Junior University
Date: September 2, 1994
Synopsis of Previous Council action:
1992:
Resolution *92-486 approved ($15,000)
,D,WI, OH1Ci:
9 $:? 9<. It: C3
Recommended motion:
ADOPT RESOLUTION
~~~ tCh_~.J
~ Signature
Contact person:
Jean Andersen
Suppo"ing data attached: YES
Phone: ext. 5114
Ward: ALL
FUNDING REQUIREMENTS:
Amount: $11,000
Source: (Acct. No.! 001-091-53605
(Acct. DescriDtionl
Fi~ =#?7#---.
:Ouncil Notes:
75-0262
Agenda Item No
Ilr
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
JUNIOR UNIVERSITY
Junior University is enterinq its 33rd season and plans to present
a production of William R. Dixon 's oriqinal adaptation of "Sleepinq
Beauty." As many as 300 younq people will be involved in all
aspects of theatrical production and the live orchestra.
Junior University offers low cost, live musical theater suitable
for family audiences. At least 5,000 coupons qood for a free
child's admission are qiven away. No cost tickets will be provided
to 100 families who are clients of Goodwill Industries and abused
mothers proqrams. JU also offers a senior citizen discount and a
student discount to colleqe aqe youth.
Junior University is requestinq funds to offset the musical
expenses of the show, includinq royalties, choral director,
conductor and orchestra, as well as incurred expenses for a
musical consultant to shorten and rewrite the show which was last
done in 1980.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
18,000
14
$120,600
$102,000
The qrant request was for $18,600. The Fine Arts Commission at its
Wednesday, Auqust 31, 1994 meetinq recommended approval of a qrant
in the amount of $11,000.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF sAli.. BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY 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 Junior university, 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 agr.eement is rescinded if the parties to the
agreement fail to execute it within si~y (60) days of the
passage of thi~ 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
day of
meeting thereof, held on the
, 1994, by the following vote, to
wit:
/
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY FOR THE
PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHElMAN
DEVLIN
POPE-LUDLAM
MILLER
ADS.
NAn
ABSTAIN lIMn.71'
City Clerk
The foreqoinq resolution is hereby approved this
day of , 1994.
Approved as to
form and leqal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
City of San Bernardino
. .
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AGREEMENT
Fine ~s Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
The Junior University, 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 1994-95, 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 I s grant proposal (hereir.after "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 agre_ent 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 Agre_ent.
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
Finance Director, City shall' pay to Organization from the
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budqet for the 1994-95 fiscal year, the total sum of $11;000
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3. Use of Funds. The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph 1 and
in strict compliance with the provisions set forth in the
aqreement. No deviation from the aqreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountina. Wi thin 20 days after the completion of
the event, the Orqanization shall submit to the City
Administrator, with a copy to the Director of Finance an
accountinq of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenera11y accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
orqanization are to be kept open for inspection at any time
durinq the business day by the city or its officers or aqents.
Failure to submit the financial records in accordance with
this section will result in the Orqanization reimbursinq the
City.
5. Hold Harmless. Orqanization covenants and aqrees to
defend, indemnify, and hold harmless the City and its
employees and aqents from all liabilities and charqes,
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expenses (includinq counsel fees), suits or losses however
occurrinq, or damaqes arisinq or qrowinq out of the use or
receipt of the funds paid hereunder and all operations under
this aqreement. Payments hereunder are made with the
understandinq that the City is not involved in the performance
of services or other activities of Orqan1zation. Orqanization
and its employees and aqents are independent contractors and
are not employees or aqents of the City in performinq said
services.
6. Termination. City shall have the riqht to terminate
this Aqreement and any fundinq remaininq unpaid hereunder for
any reason by mailinq a ten-day written notice to Orqanization
and this aqreement shall terminate ten days after the mailinq
of such notice. In the event this Aqre_ent 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. Ir.
addition, Orqanization shall reimburse to City any funds
expendEd which were used ~or any purposes other than those
authorized under this Aqre_ent.
7. Assianment. Orqanization shall not as.iqn its
interest in this Aqreement without the prior written approval
of City.
8. Insurance. Orqanization shall take out and
maintain dur1nq the life of this Aqre_ent such public
liability and property damaqe insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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aqents and employeea, orqanization and ita aqenta performinq
acts covered by thia Aqreement from claims for damaqes for
personal injury, includinq death, as well as from claims for
property damaqe which may arise from Orqan1zation's or its
aqents' operations hereunder, whether such operations be by
Orqanization or its aqents or by anyone directly or indirectly
employed by either Orqanization or its aqents, and the amounts
of such insurance shall be as follows:
Ca) Public LiabHity Irlsurance. In an amount not less
than $100,000 for injuries, includinq, 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:
Cb) Property Damaqe Insurance. In an amount of not less
than $50,000 for damaqe to the property of each person on
account of anyone occurrence.
Cc) Workers Compensation. Orqanization ahall provide
workers compensation insurance in the amount required by state
law if the funds provided hereunder are to be paid aa salary
to any employee of orqanization. Orqanization shall require
that all riqhts of subroqation under such policy of workers
compensation insurance shall be waived as to city. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliqation. Orqanization hereby covenants that it
has taken all actions necessary to make the adherence to the
obliqations imposed by this aqreement a bindinq obliqation of
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2 the orqanization.
3
10. Notices. All notices herein required shall be in
4 writinq and delivered in person or sent by certified mail,
5 postaqe prepaid, addressed as follows:
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As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Orqanization:
Jeff A. Grande, Gen. Mqr.
Junior University
P.O. Box 6471
San Bernardino, CA 92412
11. Entire Aareement. This Aqre_ent and any documents
11 or instruments attached hereto or referred to herein inteqrate
12 all terms and conditions mentioned herein or incidental
13 hereto" and supersede all neqotiations and prior writinq in
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respect to the subject matter hereof.
In the event of
15 conflict between the terms, conditions or provisions of this
16 Aqreement, and any such document or instrument, the terms and
17 conditions of this Aqreement shall prevail.
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12. Non-Discrimination. Orqanization aqrees that for
the term of this Aqre_ent it shall not discriminate in
employment,
recruitment, hirinq,
admission practices,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CITY OF, SAN BERNARDINO AND THE JUNIOR
UNIVERSITY FOR THE PROMOTION OF THE ARTS AND CULTURE.
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and leqal content:
JAKES F. PENMAN
City Attorney
By:
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FINE ARTS WORKSHEET
FISCAL YEAR 1994-95
o
TOTAL AMOUNT REQUESTED:
TOTAL AMOUft AVAILABLB:
BALANCE (SHORTFALL)
$327,920
180.000 (GBNERAL FUND-FINE ARTS FBBS)
($147,920)
ORGAN.
AMT. AMT.
REQSTED REQSTED
94-95 93-94
AMT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
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Ballet 11,500 NA NA 6.82 63.at DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
i.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera
I.E. 100000 80,000 80,000 .66 1at 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
CITY OF SAN ~U;RN4RDINO - REQUEST FOR COUNCIL ACTION
From:
Jean Andersen, Fine Arts Liaison
SU~Kt:Approve recommendation-by the Fine
Arts Commission to grant $65,000
to Inland Empire Symphony Assn.
Dept:
Office of the Mayor
Date: September 2, 1994
Synopsis of Previous Council action:
1993:
1992:
D:dlN, OFFICE
Resolution #93-420 approved ($80,000)
Resolution #92-442 approved ($80,000)
) 5EP 9', 11: 03
RKommended motion:
ADOPT RESOLUTION
?-4f' ~~U~~
./ ignature
Contact person: Jean Andersen
Phone: ext. 5114
Supporting data attached: YES
Ward: ALL
FUNDING REQUIREMENTS:
Amount: $65.000
Source: (Acct, No.1 001-091-53605
(Acct. Descriotionl
Fine ~rts ~~
Finance; ,/ ,
Council Notes:
75-0262
Agenda Item No 1/&
CITY OF SAN BERN4J1DINO - REQUEST FQR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
INLAND EMPIRE SYMPHONY ASSOCIATION
The Inland Empire Symphony Orchestra, established in 1961, is
considered the region I s premier professional orchestra and presents
many types of programs including high quality symphonic programs
featuring well-known quest artists; extensive educational programs
including "Music in the Schools," a year-round program involving
125 in-school visits plus four full concerts for more than 10,000
elementary school children; and adult educational programs
including pre-concert lectures and dinner previews.
The orchestra consists of 70 contracted musicians represented by
Musician I s Union Local 47 of Los Angeles. It serves as the
orchestra for the Redlands Bowl, the Riverside Master Chorale, the
Canto Bello Chorale, and performs in a wide variety of venues.
The Inland Empire Symphony Association estimates it contributes
$1.5 million in economic impact to the local economy and at least
ninety-percent of the funds received from the City of San
Bernardino actually stay in the community. It also assists groups
such as Sinfonia Mexicana, the Canto Bello Chorale, Inland Dance
Theatre, the Inland Empire Opera Alliance, and others with artistic
and administrative matters.
Estimated attendancejparticipants-
(includes televison):
Number of performances:
Estimated costs:
Estimated income:
150,0{)0
15
$525,640
$427,600
The grant request was for $100,000. The Fine Arts commission at
its Wednesday, August 31, 1994 meeting recommended approval ofa
grant in the amount of $65,000.
15-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF. SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY
ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE.
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 Aqreement with the Inland Empire Symphony Associatio~
a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as thouqh set forth
at lenqth.
SECTION 2.
The authorization to execute the above-
referenced aqreement is rescinded if the parties to the
aqreement fail to execute it within aixty (60) days of the
passaqe of this resolution.
I HEREBY CERTIFY that the foreqoinq resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meetinq thereof, held on the
, 1994, by the followinq vote, to
wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE INLAHD EMPIRE SYMPHONY
ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
~
NAYS
ABSTAIN 1oR<:llm'
City Clerk
The foregoing resolution> is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
City of San Bernardino
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Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to. as "City" and
The Inland Empire Symphony Association, a non-profit
orqanization, referred to as "Organization".
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1994-95, in order to assist in
defraying the expense of certain concerts, show., festivals or
events or activities sponsored by Orqanizl!,tion as set forth in
Organization I 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
Finance Director, City shall pay to Orqanization from the
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budqet for the 1994-95 fiscal year, the total sum of $65,000
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3. Use of Funds. The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph 1 and
in strict compliance with the provisions set forth in the
aqreement. No deviation from the aqreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountina. Within 20 days after the completion of
the event, the Orqanization shall submit to the City
Administrator, with a copy to the Director of Finance an
accountinq of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenerally accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds. All books and records of
orqanization are to be kept open for inspection at any time
durinq the business day by the City or its officers or aqents.
Failure to submit tne financial records in accordance with
this section will result in the Orqanization reimbursinq the
City.
5.
Hold Ha1"1111ess. Orqanization covenants and a';Jrees to
indemnify, and hold harmless the City and its
and aqents from all liabilities and Charqes,
defend,
employees
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2 expenses (includinq counsel fees), suits or losses however
3 occurrinq, or damaqes arising. or qrowinq out of the use or
4 receipt of the funds paid hereunder and all operations under
5 this aqreement.
Payments hereunder are made with the
6 understandinq that the City is not involved in the performance
7 of services or other activities of Orqanization. Orqanization
8 and its employees and aqents are independent contractors and
9 are not employees or aqents of the city in performinq said
10 services.
11
6.
~ination. city shall have the riqht to terminate
12 this Aqreement and any fundinq remaininq unpaid hereunder for
13 any reason by mailinq a ten-day written notice to orqanizati~n
14 and this aqreement shall terminate ten days after the mailinq
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of such notice. In the event this Aqreement 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, orqanization shall reimburse to City any funds
expended which were used for any purposes other than those
authorized under this Aqreement.
Assianment.
orqanization shall not assiqn its
7.
interest in this Aqreement without the prior written approval
of City.
8.
Insurance.
Orqanization shall take out and
maintain durinq the life of this Aqreement such public
liability and property damaqe insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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aqents and employees, orqanization and its aqents performinq
acts covered by this Aqreement from claims for damaqes for
personal injury, includinq death, as well as from claims for
property damaqe which may arise from Orqanization's or its
aqents' operations hereunder, whether such operations be by
Orqanization or its aqents or by anyone directly or indirectly
employed by either Orqanization or its aqents, and the amounts
of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less
than $100,000 for injuries, includinq, 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 Damaqe Insurance. In an amount of not less
than $50,000 for damaqe to the property of each person on
account of anyone occurrence.
(c) Workers Compensation. Orqanization 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 orqanization. Orqanization shall require
that all riqhts of subroqation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliqation. Orqanization hereby covenants that it
has taken all actions necessary to make the adherence to the
obliqations imposed by this aqreement a bindinq obliqation of
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the orqanizaQon.
10. Notices. All notices herein required shall be in
4 writing and delivered in person or sent by certified mail,
5 postage prepaid, addressed as follows:
6
7
8
9
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As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Orqanization:
Susan Feller, Exec. Dir.
Inland Empire Symphony Assoc.
362 W. Court Street
San Bernardino, CA 92401
11. Entire Aareement. This Agreement and any documents
11 or instruments attached hereto or referred to herein integrate
12 all terms and conditions mentioned herein or incidental
13 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 any tither manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE
SYMPHONY ASSOCIATION FOR THE PROMOTION OF THE ARTS AND
CULTURE.
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and leqal content:
JAMES F. PENMAN
City Attorney
By:
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FINE ARTS WOlU(SHEET
FISCAL YEAR 1994-95
o
TOTAL AMOUNT REQUESTED:
TOTAL AMOUNT AVAILABLE:
BALANCE (SHORTFALL)
$327,920
180.000 (GENERAL
($147,920)
PUND-PINE ARTS PEES)
ORGAN.
ANT. AMT.
REQSTED REQSTED
94-95 93-94
ANT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.8% DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75.026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17.500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera
I.E. 100000 80,000 80,000 .66 18% 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 I 3,500 2,500 11. 91 49% 2,000
Opera ,
Nut- 15,000 25,000 2:!,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
CITY OF SAN BERN~~DINO - REQUEST FM COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine
Arts Commission to grant $7,500
Dept: Office of the Mayor to Inland Empire Opera Alliance
Da~: September 2, 1994
Synopsis of Previous Council action:
1993:
1992:
\DAIN" OFHCf,
Resolution #93-449 approved ($10,000)
Resolution #92-485 approved ($15,000)
') SE? 9<~ It: C2
Recommended motion:
ADOPT RESOLUTION
e4'~"'/ 0~~--~/
(/7 Signature
Contact person: Jean Andersen
Supporting data lItt8Ched: YES
Phone: ext. 5114
Ward: ALL
FUNDING REQUIREMENTS:
Amount: $7,500
Source: (Acct. No.! 001-091-53605
,_. DoErio.~1 Flne ~':'yf'/ ~
Council Notes:
75.02&2
Agenda Item NoM
CITY OF SAN BERN~DINO - REQUEST FQR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
INLAND EMPIRE OPERA ALLIANCE
The Inland Empire Opera Alliance is requesting funds to present the
Gilbert and Sullivan opera/operetta "The Mikado," which will be
performed by the prestigious Opera a la Carte Company. This
performance represents the only time a fully-staged opera will be
presented in the Inland Empire. The performance will be
accompanied by educational proj ects and artist workshops, in
addition to a pre-opera dinner/lecture.
The Inland Empire Opera Alliance is in its ninth year and has
previously presented La Boheme, La Traviata, Carmen, Madam
Butterfly, Lucia de Lamamoor, Don Giovanni, and the Vienna Boys
Choir. with the demise of the Riverside Opera Company, The Inland
Empire Opera Alliance is the only group in existence which brings
quality opera to the community along with the significant prestige
which results from a performance of this type.
Because opera is such an expensive venue to present, the Alliance
states it will be unable to continue without the funding requested.
As a part of audience development endeavors, considerable discounts
are offered to family members, senior citizens, and students which
reduces available ticket income.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
2,000
1
$32,351
$17,500
The grant request was for $15,000. The Fine Arts Commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $7,500.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION, OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA
ALLIANCE FOR THE PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorize~ and directed to execute on behalf of said
8 City an Agreement with the Inland Empire Opera Alliance)a copy
9. of which is attached hereto, marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth
11 at length.
12
SECTION 2.
The authorization to execute the above-
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
day of
meeting thereof, held on the
, 1994, by the following vote, to
wit:
/
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RESOLUTION OF THE CITY or SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA
ALLIANCE FOR THE PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
.un
~
ABSTAIN AM11m'
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
city of San Bernardino
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.% rj~ :.'t~~:.cI:A.I.~
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Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
. Inland Empire Opera Alliance, a non-profit organization,
referred to as "Organization".
The parties agree as follows:
1. Ree! tals.
A. Organization has requested financial assistance
from City for the fiscal year 1994-95, in order to assist in
defraying the expense of certain concerts, sho_, festivals or
events or activities sponsored by organization ali 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 i. 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. PaYment. Upon presentation of a claim to the City
Finance Director, City shall. pay to Organization from the
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budqet for the 1994-95 fiscal year, the total sum of $7,500
dollars, to cover the costs per the Fine Arts qrant
application aqreement.
3.
Use of Funds.
The funds paid to Orqanization shall
be used solely for the purposes set forth in Paraqraph 1 and
in strict compliance with the provisions set forth in the
aqreement.
No deviation from the aqreement shall be made
without the express approval of the city of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Orqanization.
4. Accountina. Within 20 days after the completion of
the event, the Orqanization shall submit to the City
Administrator, with a copy to the Director of Finance an
accountinq of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall be maintained in accordance
with qenerally accepted accountinq principles by Orqanization
in such manner as to permit City to easily trace the
expenditures of the funds.
All books and records of
orqanization are to be kept open f~r inspection at any time
durinq the business day by the City or its officers or aqents.
Failure to submit the financial records in accordance with
this section will result in the Orqanization reimbursinq the
City.
5. Hold Harmless. Orqanization covenants and aqrees to
defend, indemnify, and hold harmless the City and its
employees and aqents from all liabilities and charqes,
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expenses (includinq counsel fees), suits or losses however.
occurrinq, or damaqes arisinq or qrowinq out of the use or
receipt of the funds paid hereunder and all operations under
this aqreement. Payments hereunder are made with the
understandinq that the City is not involved in the performance
of services or other activities of Orqanization. Orqanization
and its employees and aqents are independent contractors and
are not employees or aqents of the City in performinq said
services.
6. Termination. City shall have the riqht to terminate
this Aqreement and any fundinq remaininq unpaid hereunder for
any rea.son by mailinq a ten-day written no:t:ice to Orqanization
and this aqreement shall terminate ten days after the mailinq
of such notice. In the event this Aqreement 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, Orqanization shall reimburse to City any funds
expended which were used for any purpose. other than those
authorized under this Aqreement.
7. Assianment. Orqanization shall not assiqn its
interest in this Aqreement without the prior written approval
of city.
8. Insurance. Orqanization shall take out and
maintain durinq the life of this Aqreement such public
liability and property damaqe insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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aqents and employees, orqanization and its aqents performinq
acts covered by this Aqreement from claims for damaqes for
personal injury, includinq death, as well as from claims for
property damaqe which may arise from orqanization's or its
aqents' operations hereunder, whether such operations be by
Orqanization or its agents or by anyone directly or indirectly
employed by either orqanization or its aqents, and the amounts
of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less
than $100,000 for injuries, includinq, 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 Damaqe Insurance. In an amount of not less
than $50,000 for damaqe to the property of each person on
account of anyone occurrence.
(c) Workers Compensation. orqanization 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 orqanization. Orqanization shall require
that all riqhts of subroqation under such policy of workers
compensation insurance shall be waived as to City. city shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliaation. Orqanization hereby covenants that it
has taken all actions necessary to make the adherence to the
obliqations imposed by this aqreement a bindinq obliqation of
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the orqanization.
10. Notices. A11 notices herein required shall be in
writinq and delivered in person or sent by certified mail,
postaqe prepaid, addressed as follows:
As to City:
city Administrator
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Orqanization:
Catherine Cord, President
Inland Empire Opera Alliance
362 W. Court St.
San 3ernardino, CA 92401
11. Entire Aareement. This Aqreement and any documents
or instruments attached hereto or referred to herein inteqrate
all terms and conditions mentioned herein or incidental
hereto, and supersede all neqotiations and prior writinq in
respect to the subj ect matter hereof;
In the event of
conflict between the terms, conditions or provisions of this
Aqreement, and any such document or instrument, the terms and
conditions of this Aqreement shall prevail.
12. Non-Discrimination. Orqanization aqrees that for
the term of this Aqreement it shall not discriminate in
employment,
recruitm3nt, hirinq,
admission practices,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE
OPERA AJ;.LIANCE FOR THE PROMOTION OF THE ARTS AND CULTURE.
ATTEST:
City Clerk
Approved as to form
and leqal content:
JAMES F. PENMAN
City Attorney
By:
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CITY OF SAN BERNARDINO
Tom Minor, Mayor
ORGANIZATION
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FINE ARTS WORXSHEET
FISCAL YEAR 1994-95
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TOTAL AMOUNT REQUESTED:
TO'lAL HOUll'l' AVAILABLE:
BALANCE (SHORTFALL)
$327,920
180.000 (GEHBRAL PUND-PIHB ARTS PEES)
($147,920)
ORGAN.
AMT. AMT. AMT. COST/ % BUDGET FAC
REQSTED REQSTED FUNDED PERSON TOTAL RECOM-
94-95 93-94 93-94 MENDS
Ballet 11,500 NA NA 6.82 63.8% DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
COIDIII. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera.
I.E. 100000 80,000 80,000 .66 18% 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 . 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
..
. .
CITY OF SAN BERN4,RDINO - REQUEST FOR COUNCIL ACTION
FI".)m: Jean Andersen, Fine Arts Liaison S;Jbject: Approve recommendation by the Fine
Arts Commission to grant $17,500
Dept: Office of the Mayor to San Bernardino Valley
Community Concert Association
Dam: September 2, 1994
Synopsis of Previous Council action:
1993:
1992:
J;.UN.. OFHa
Resolution #93-419 approved ($20,0001
Resolution #92-449 approved ($20,0001
SS> 9<; 11: C2
Recommended motion:
ADOPT RESOLUTION
Q,p6r< ~.....-.../
f/ ignature
Contact person:_,:!ean Andersen
Supponing data attached: YES
Phone: ext. 5114
Ward: ALL
FUNDING REQUIREMENTS:
Amount: $17.500
Source: (Acct. No.! 001-091-53605
(Acct. Descriotionl Fine :::~ #/ ~
Council Noms:
75-0262
Agenda Item No
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CITY OF SAN BERN~RDINO - REQUEST FQR COUNCIL ACnOll
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
This is the 56th year the Community Concert Association has been in
existence. The program for this season consists of: Los Angeles
Master Chorale, Rhythm and Brass, Janacek Philharmonic and Hambro
Quartet of Pianos. Two free Youth Concerts for elementary school
children of the city and county are scheduled for October and
January. A third concert, in conjunction with the Inland Empire
Symphony, will be proposed.
Memberships are sold by season only. A drop in membership has
occurred, as with most performing arts groups, due largely to the
economic conditions of the area as well as the aging membership.
Introducing our youth to the experience of attending concerts will
help to provide a future base of members, as well as give them the
opportunity to hear classical and semi-classical music performed by
well-known artists.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
9,800
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$90,000
$68,600
The grant request was for $20,000. The Fine Arts Commission at its
Wednesday, August 31, 1994 meeting recommended approval of a grant
in the amount of $17,500.
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RESOLUTION NO.
RESOLUTION 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 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 Aqreement with the San Bernardino Valley Community
Concert Association, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
thouqh set forth at lenqth.
SECTION 2.
The authorization to execute the above-
referenced aqreement is rescinded if' the parties to the
aqreement fail tc execute it within sixty (60) days of the
passaqe of this resolution.
I HEREBY CERTIFY that the foreqoinq resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meetinq thereof, held on the
, 1994, by the followinq vote, to
day of
wit:
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3 RESOLUTION Ot:'THE C1TY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY
4 COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND
CULTURE.
/
COUNCIL MEMBERS:
NEGRETE
CURLIN
AYES
HAXS.
ABSTAIN AMmr
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
Tom Minor, Mayor
city of San Bernardino
JAMES F. PENMAN
City Attorney
BY:
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AGREEMENT
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Fine Arts Fundina
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 as "Organization".
The parties agree as follows:
Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1994-95, in order to assist in
1.
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Orqanization 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
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this aqreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement.
22
23 purpose, to wit: for the promotion of art appreciation in San
B. The expenditure is for a valid municipal public
24
Bernardino, as more fully set forth in the proposal submitted
~
25 by Organization.
26
2.
PaYment. Upon presentation of a claim to the City
27 Finance Director, City shall pay to Orqanization from the
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budget for the 1994-95 fiscal year, the total sum of $17,500
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
agreement. No deviation from the agreement shall be made
without the express approval of the City of San Bernardinc.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Organization.
4. Accountina. Within 20 days after the completion of
the event, the Organization shall submit to the City
Administrator, with a copy to the Director of Finance an
accounting of the actual expenditures connected with said
event as it relates to the funds 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 and its
employees and agents from all liabilities and charges,
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expenses (including counsel fees), suits or losses however
occurring, or damages arising or growing out of tha 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. Insurance. Organization shall take out and
maintain during the life of this Agreement such public
liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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aqents and employees, orqanization and its aqents performinq
acts covered by this Aqreement from claims for damaqes for
personal injury, includinq death, as well as from claims for
property damaqe which may arise from Orqanization's or its
aqents' operations hereunder, whether such operations be by
Orqanization or its aqents or by anyone directly or indirectly
employed by either Orqanization or its aqents, and the amounts
of such insurance shall be as follows:
.
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(a) Public Liability Insurance. In an amount not less
than $100,000 for injuries, includinq, but not limited to,
death, to anyone person, and subject to the same limit for
each person, in an a~ount not less than $100,000 on account of
'Ii
anyone occurrence;
(b) Property Damaqe Insurance. In an amount of not less
15 than $50,000 for damaqe to the property of each person on
16 account of anyone occurrence.
17
(c) Workers Compensation. Orqanization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of orqanization. Orqanization shall require
21 that all riqhts of subroqation under such policy of workers
22 compensation insurance ahall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24
25
insurance provided hereunder.
~:
9.
Obliaation. Orqanization hereby covenants that it
26 has taken all actions necessary to make the adherence to the
27 obliqations imposed by this aqreement a bindinq obliqation of
28
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th$ orqanization.
10. Notices. All notices herein required shall be in
writinq and delivered in person or sent by certified mail,
postaqe prepaid, addressed as follows:
.
As to city:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Orqanization:
Dr. Ernest F. Garcia
Grants Chairman
San Bernardino Valley
Community Concert Assn.
P.O. Box 377
San Bernardino, CA 92402
11. Entirlo Aareement. This Aqreement and any documents
or instruments attached hereto or referred to herein inteqrate
~
12 all terms and conditions mentioned herein or incidental-
13 hereto, and supersede all neqotiations and prior writinq in
14
respect to the subj ect matter hereof.
In the event of
15 . conflict between the terms, conditions or provisions of this
16 Aqreement, and any such document or instrument, the terms and
17 conditions of this Aqreement shall prevail.
18
19 the term of this Aqreement ~;t shall not discriminate in
12. Non-Discrimination. Orqanization aqrees that for
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employment,
recruitment,
hirinq,
admission practices,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
DATED:
,
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AGREEMENT S1 THE CITY OF. SAN BERN~INO AND
BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
PROMOTION OF THE ARTS AND CULTURE.
CITY OF SAN BERNARDINO
THE SAN
FOR THE
Tom Minor, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and leqal content:
JAMES 'F. PENMAN
City Attorney
By:
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FINE ARTS WORKSHEET
FISCAL Y!AR 1994-95
o
TOTAL AMOUNT REQUESTED:
TOTAL UOUJIT AVAILABLE:
BALANCE (SHORTFALL)
$327,92<1
180.000 (GENERAL
($147,920)
POND-PINE ARTS'PEES)
ORGAN.
ANT. AMT.
REQSTED REQSTED
94-95 93-94
AMT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.at DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,500
Opera
I.E. 100000 80,000 80,000 .66 1at 65;000
Sym.
Jun. 18,600 None 92-93 -1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94) :
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
..
CITY OF SA. BEI1NA,RDINO - REQUEST FOR COUNCIL ACTION
From:
Jean Andersen, Fine Arts Liaison Su~~t: Approve recommendation by the Fine
Arts Commission to grant $37,500 to
Office of the Mayor . San Bernardino Civic Light Opera
Association
Dept:
Da~: September 2, 1994
'iynopsis of Previous Council action:
1993:
Resolution #93-450 approved ($44,000)
O;llN, on i~:r,
J SE? 9<'. It: 02
Recommended motion:
ADOPT RESOLUTION
~//~/
C7
0p~'/
Signature
Contact person: Jean Andersen
Phone: ext. 5114
Supporting data attached: YES
FUNDING REQUIREMENTS:
Ward: ALL
Amount: $37.500
Source: (Acct. No.1 001-091-53605
(Acct. DescriDtionl
Fine Arts ~
Finance:.4"if~ ~,
Council Notes:
75-0262
Agenda Item No
IJ:!'
CITY OF SAN BER~RDINO - REQUEST F~R COUNCIL ACTION
,
. rtJi
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION
The San Bernardino Civic Light Opera is in its 48th year of serving
the San Bernardino area as its premiere theater experience by
producing a schedule of musicals, plays, and celebrity concerts
each year. In the past 15 years, over 1,000,000 people have come
to the downtown area to view productions and over 2,500 actors,
musicians, and stage technicians have worked on and been trained by
these productions.
This coming season, the Civic Light Opera Association will produce
three musicals: "stop The World--I Want to Get Off," "A Chorus
Line," and "OliverI" They will also have several celebrity
performances and hold the 1995 SBCLO Summer Youth Program which
will provide another free ten-week period of theater classes for
over 80 San Bernardino area high school and college students
culminating with three performances of a musical comedy.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
38,000
34
$1,465,711
$1,390,711
The grant request was for $75,000 - $35,000 for the Summer Youth
Program and $40,000 for the support of the larger musicals. The
Fine Arts Commission at its Wednesday, August 31, 1994 meeting
recommended approval of a grant in the amount of $37,500.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT
OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 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 San Bernardino Civic Light Oper1
Association) 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
, 1994, by the following vote, to
day of
wit:
/
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RESOLUTION OF THE CITY or SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNAImINO CIVIC LIGHT
OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AIm CULTURE.
COUNCIL MEMBERS:
un
~
ABSTAIN ~MIlm'
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Tom Minor, Mayor
17 City of San Bernardino
Approved as to
18 form and legal content:
19 JAMES F. PENMAN
City Attorney
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BY:
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budget for the 1994-95 fiscal year, the total sum of
$37,500 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
agreement. No deviation from the agreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Organization.
4. Accountina. Within 20 days after the completion of
the event, the Organization shall submit to the City
Administrator, with a copy to the Director of Finance an
accounting of the actual expenditures connected with said
event as it relates to the funds 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 book. 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.
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5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the city and its
employees and agents from all liabilities and charges,
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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 Agre_ent 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. Assiamnent. organization shall not assign its
interest in this Agreement without the prior written approval
of City.
8. Insuran..QiL.. Organization shall take out and
maintain during the life of this Agreement such public
liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
-9-
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aqents and employees, orqanization and its aqents performing
acts covered by this Aqreement from claims for damaqes for
personal injury, includinq death, as well as from claims for
property damage which may arise from Orqanization's or its
aqents' operations hereunder, whether such operations be by
Orqanization or its agents or by anyone directly or indirectly
employed by either Orqanization or its agents, and the amounts
of such insurance shall be as follows:
(al Public Liability Insurance. In an amount not Jess
than $100,000 for injuries, including, but not limited to,
death, to any one person, and subject to the same limit for
each person, in an amount not less than $100,000 on account of
anyone occurrence:
(bl Property Damage Inslirance. In an amount of not less
than $50,000 for damage to the property of each person on
account of anyone occurrence.
(cl 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 orqanization. Orqanization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliaation. Organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obliqations imposed by this aqreement a bindinq obligation of
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the organization.
10. Notices. All notices herein required shall be in
writinq apd delivered in person or sent by certified mail,
postaqe prepaid, addressed as follows:
-
As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Orqanization:
Evlyn WilCOX, President
San Bernardino Civic Liqht
Opera Association
P.O. Box 606
San Bernardino, CA 92402
11. Entire Aareement. This Aqreement and any documents
or instruments attached hereto or referred to herein inteqrate
all terms and conditions mentioned herein or incidental
..
hereto, and supersede all neqotiations and prior writinq in
respect to the subject matter hereof.
In the event of
conflict between the terms, conditions or provisions of this
Aqreement, and any such document or instrument, the terms and
conditions of this Aqreement shall prevail.
12. Non-Discrimination. Orqanization aqrees that for
the term of this Aqreement it shall not discriminate in
employment,
recruitment,
hirinq,
admission practices,
advertisinq or in any other manner on the basis of race,
color, creed, reliqion, national oriqin, sex, physical
handicap, or marital status.
DATED:
-11-
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF
THE ARTS AND CULTURE.
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and leqal content:
JAMES F. PENMi'.N
city Attorney
By:
-12-
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FINE ARTS WORKSHEET .
FISCAL YEAR 1994-95
TOTAL AMOUNT REQUESTED:
TOTAL AKOURT AVAILABLE:
BALANCE (SHORTFALL)
$327,920
180.000 (GENERAL POND-PINE ARTS PEES)
($147,920)
ORGAN.
AMT.
REQSTED
94-95
AMT.
REQSTED
93-94
AMT.
FUNDED
93-94
COST/
PERSON
% BUDGET FAC
TOTAL RECOM-
MENDS
Ballet 11,500 NA NA 6.82 63.n DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05% 37,500
Comm. 20,000 20,000 20,000 2.08 22% 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46% 7,5(10
Opera
I.E. 100000 80,000 80,000 .66 1n 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5% 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49% 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5% 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42% 1,500
Time
Stage 7,500 NA NA 2.50 31% 3,500
One
sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,71.0 NA NA 100% NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
..
CITY OF SAN BERNARDINO - REQUEST F:9R COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine
Arts Commission to grant $7,500
Dept: Office of the Mayor to Canto Bello Chorale
Date: September 2, 1994
Synopsis of Previous Council action:
1993:
DillIN. OFFMiP :
Resolution #93-448 approved ($10,000)
Resolution #92-449 approved ($10,000)
} SEP 9t 11: 01
Recommended motion:
ADOPT RESOLUTION
f,~- ~~~e" -~
t7' . Signature
Contact person: Jeil~ ADAA....aAn
Phone: ..y,," "11 4
Suppo"ing data attached: Y"'S
FUNDING REQUIREMENTS:
Ward: IH.T.
Amount:-$-7 . 500
Source: (Acct. No.) nn1_nQ1_""If>n"
(Acct. DescriDtion) "'i n.. II':,,".. ~
Finance)~Q
.ouncil Notes:
7$.0262
Agenda Item No
IlK
CITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
",,- ,,..'
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT:
CANTO BELLO CHORALE
The Canto Bello Chorale is an ensemble chorale of over forty
members that provides a consistent repertory of classical choral
works to the community of San Bernardino, as well as the
surrounding Inland Empire communities. The Chorale hires the
Inland Empire Symphony as their accompanying orchestra. They also
perform with the Inland Empire Symphony as part of the symphony
concert season.
Additionally, they hire top soloists from the Inland Empire which
gives local talent an opportunity to perform. These soloists have
performed in major performance forums including the Los Angeles
Opera. This summer, the Canto Bello Chorale was invited to attend
the prestigious Berkshire School of Music summer program in santa
Fe, New Mexico. They performed to sold-out audiences during their
stay.
without adequate funding, the Chorale will not be able to produce
a complete season, or increase its advertising budget to attract a
larger audience base.
Estimated attendance/participants:
Number of performances:
Estimated costs:
Estimated income:
2,000
4
$41,250
$23,250
The grant request was for $18,000 and the Fine Arts Commission at
its Wednesday, Auqust 31, 1994 meeting recommended approval of a
grant in the amount of $7,500.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE
PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 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 Canto Bello Choral~a copy of which
is attached hereto, marked Exhibit "An 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
day of
meeting thereof, held on the
, 1994, by the following vote, to
wit:
/
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/
/
/
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE CANTO BELLCU:H()RALE FOR THE
PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
AnS.
~
ABSTAIN ~R.C:Ilm>
City Clerk
The foregoing resolution is hereby approved this
day of , 1994.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
Tom Minor, Mayor
City of San Bernardino
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Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
The Canto Bello Chorale, a non-profit organization, referred
to as "Organization."
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from City for the fiscal year 1994-95, 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 I 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
Finance Director, City shall pay to Orqanization from the
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budget for the 1994-95 fiscal year, the total sum of
$7,500 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
agreement. No deviation from the agreement shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1995, and any
unexpended funds shall be returned to City by Organization.
4. Accountina. Within 20 days after the completion of
the event, the Organization shall submit to the City
Administrator, with a copy to the Director -of Finance an
accounting of the actual expenditures connected with said
event as it relates to the funds which were provided by the
City. Financial records shall b. 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 wHl result in the Organization reimbursing the
City.
5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its
employees and agents from all liabilities and charges,
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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. Insurance. Organization shall take out and
maintain during the life of this Aqreement such public
liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
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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:
Ca) Public Liab11ity 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;
Cb) 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.
Cc) Workers Compensation. Organization shall provid~
workers compensation insurance in the amount required by state
law if the funds provided ~ereunder are to be paid as salary
to any employee of organization. Organization-shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provided hereunder.
9. Obliaation. Organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
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the orqanization.
10. Notices. All notices' herein required shall be in
writinq and delivered in person or sent by certified mail,
postaqe prepaid, addressed as follows:
As to City:
city Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
As to Orqanization:
Charles Bradley, President
Canto Bello Chorale
Post Office Box 1627
San Bernardino, CA 92402
11. Entit:e Aareement. This Aqreement and any documents
or instruments attached hereto or referred tl) herein inteqrate
all terms and conditions mention9d herein or incidental
hereto, and supersede all neqotiations and prior writinq in
respect to the subject matter hereof'.
In the event of
14 conflict between the terms, conditions or provisions of this
15 Aqreement, and any such document or instrument, the terms and
16 conditions of this Aqreement shall prevail.
17
18 the term of this Aqreement it shall not discriminate in
12. Non-Discrimination. Orqanization aqrees that for
19
employment,
recruitment,
hirinq,
admission practices,
20 advertisinq or in any other manner on the basis of race,
21 color, creed, reliqion, national oriqin, sex, physical
22 handicap, or marital status.
23
24
25
26
27
28
DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO
CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE.
.
-
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
CITY OF SAN BERNARDINO
Tom Minor, Mayor
ORGANIZATION
.
Ballet 11,500 NA NA 6.82 63.U .
DENIED
Folk.
Canto 18.000 18,000 10,000 9.00 43% 7,500
Bello
CLO 75,000 75,026 44,000 1.97 .05' 37,500
Comm. 20,000 20,000 20,000 2.08 22' 17,500
Cnct.
I.E. 15,000 10,000 10,000 8.00 46' 7,500
Opera
I.E. 100000 80,000 80,000 .66 18' 65,000
Sym.
Jun. 18,600 None 92-93 1.09 15.5' 11,000
Univ. 15,000
Met 3,575 3,500 2,500 11. 91 49' 2,000
Opera
Nut- 15,000 25,000 22,000 1.70 15.5' 12,000
crkr
Prime 4,035 3,500 2,500 4.04 42' 1,500
Time
Stage 7,500 NA NA 2.50 3U 3,500
One
Sin. 25,000 20,000 20,000 .25 23% 15,000
Mex.
Three 14,710 NA NA 100' NOT NOT
Hens ELIG. ELIG.
TOTALS 327920 180000
o
TOTAL AMOUNT REQUESTED:
TOTAL AJIOUIIT AVAILABLB:
BALANCE (SHORTFALL)
ORGAN.
ANT.
REQSTED
94-95
ANT.
REQSTED
93-94
FINE ARTS WORKSHEET
FISCAL YEAR 1994-95
$327,920
180.000 (GBNERAL
($147,920)
ANT.
FUNDED
93-94
COST/
PERSON
AMOUNT AVAILABLE LAST YEAR (1993-94):
GENERAL FUND-FINE ARTS DEVELOPMENT FEES:
CARRY OVER PREVIOUS YEARS FUNDING:
TOTAL
o
POND-PINE ARTS PBBS)
, BUDGET FAC
TOTAL RECOM-
MENDS
$187,618
30.382
$218,000
THERE ARE NO CARRY OVER FUNDS AVAILABLE FOR THIS YEAR.
..