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HomeMy WebLinkAbout30-Mayor's Office - . CITY OF SAN BEaNODINO - REQUEST FOI COUNCIL ACTION From: Thelma Press, Liaison, Mayor &. .i:ounci 1 Subject: Recommendation by Fine Arts Commission - Grant to the Inland Empire Opera Association - $5,000 Dtpt: DlIt8: 1/25/89 Synopsis of Previous Council action: Recommended moti.on: Adopt resolution. .~e~ Signature Contact penon: Thelma Press Supporting data attached: Yes Phone: Ext. 5114 FUNDING REQUIREMENTS: Amount: $5.000 Ward: ftrt5 r",",j;~;'Q Source:(Acct. No.) 001- 91-53605 Finance:1)~ 'j(),..,.,. .. ~ Council Notes: 15-0262 Agenda Item No. ~o - - - CITY OF SAN BERLJRDINO - REQUEST QR COUNCIL ACTION 75.0264 STAFF REPORT The Inland Empire Opera Association, currently operating under the auspices of the Inland Empire Symphony Association, has been formed to replace the Arrowhead Opera Institute. The President of Arrowhead Opera Institute, Colene Schwandt, has moved out of the area and is no longer available to present opera in San Bernardino. The Inland Empire Symphony Association will continue Arrowhead Opera Institute's impressive record established over the past two years. By sharing resources with the Inland Empire Symphony Association, recruiting additional board members, and establishing a support group similar to the Inland Empire Symphony Guild, they will be able to provide San Bernardino with the area's most successful Symphony and Opera group. Accomplishments of which we can all be proud. The Fine Arts Commission approves the the Inland Empire Opera in the amount the requested amount of $10,000. amount for funding to of $5,000 instead of - - ", '- ....J RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO 3 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ASSOCIATION FOR THE PROMOTION OF 4 ARTS AND CULTURE. 5 6 7 8 9 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 Opera Association a copy of which is attached 1~ hereto, marked Exhibit "A" and incorporated herein by 1~ reference as fully as thouqh set forth at length. 1~ I HEREBY CERTIFY that the foreqoinq resolution was 13, duly adopted by the Mayor and Common Council of the city I! of San Bernardino at a meetinq 1~ 16 1~, 18 ~~ 20 , . 21. .','..' 22 " ~ day of thereof, held on the 1988, by the fo11owinq vote, to wit: AYES: NAYS: Absent: ~ 2f ~ 26 2~ ~~. , ~~ city Clerk The foreqoinq resolution is hereby approved this day of , 1988. ~'t , ' .~ ~. Resolution fOlnland Empire Opera Associatio, , 1 2 3 4 5 6 7 8 9 10 1~ 1~ 1~ 14 " Evlyn Wilcox, Mayor City of San Bernardino content: 1~ 18 , 1~ 1~ 1@ ~ 21 1." ~, ~ 24 , l', ~ 2~ 2.l ~~ ~-\5 1 2 3 4 5 6 7 8 9 10 IJ 12 '. 13 14 15 " 14 1~ 18 19 " 20 - 2l ~ ~ 24 ~. 26 21 ~~ v ........ \...- "-...,,' . , " AGREEMENT 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 Opera Association 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 1988-89, in order to assist in defrayinq the expense of certain concerts, shows, festivals or events or activities sponsored by Orqanization as set forth in Orqani- zation'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 in- corporated herein by reference and shall qovern the uses of the funds provided here-in. The financial assistance provided for in this aqreement 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 Aqreement. B. The expenditure is for a valid munici- pal public purpose, to wit: for the promotion of music appreciation in San Bernardino, as more fully set forth in the proposal submitted by Orqanization. 2. Pavment. Upon presentation of a claim to ..;~~! . <1' ,,: Agreement tor...l.~lana tmplre upera IISSoclatlOn " " ~.e ..i 1 2 3 4 5 6 7 '8 9 10 11. 1~ 1~ 1~ 1~ 16 , the city Finance Director, City shall pay to organiza- tion from the budget for the 1988-89 fiscal year, the total sum of Five thousand dollars, to cover the costs per the Fine Arts grant application agreement. 3. Use of Funds. The funds paid to Organi- zation shall be used solely for the purposes set forth in Paragraph 1 and in strict compliance with the provisions set forth in the proposal. No deviation from the proposal shall be made without the express approval of the city of San Bernardino. Said funds shall be expended by June 30, 1989 and any unexpended funds shall be returned to city by Organization. 4. Accountina. At such time or times as may be requested by the city Administrator or Director of Finance of City, Organization shall sUbmit to the city Administrator, with a copy to the Director of Finance and the San Bernardino Fine Arts Commission, an accounting of the proposed and actual expenditures of all revenues accruing to the Organization for the fiscal year ending June 30, 1989. Financial records shall be maintained in accordance with generally accepted .accounting principles by Organization in such a manner as to permit City to easily trace the expendi- tures 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 offi l~ 16 lft ~Q, " ~~ ~ ~ 24 .,:,! ~ 26 -" i: 27 .t.'! 2a .',',,-, eO ~. cers or agents. 5. Hold Harmless. Organization covenants and . , ,...>,. . Agreement for~T~land Empire Opera Association"" ,~, ~.,~ 1 2 3 4 5 6 7 B 9 1~ 11 12 13 14 1~ 16 17. 18 19 ~O 21 ~ ~ 24 .- ~ ~6 27 28 :" agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of services or other acti- vitie. of Organization. Organization and its employees and agents are independent contractors and are not emp- loyees or agent. of the City in performing said ser- vices. 6. Termination. City shall have the right to terminate this Agreement and any funding remaining un- paid 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 fund. for any purpose other than tho.e authorized, any unexpended portion of the funds provided by City shall be returned to city. In addition, Organization shall reimburse to City any funds expepded 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 . IIgreemem; Tor }.~,Iana tmplre upera !\SSOclatlOn",,- ,....,! '.,/ 1 2 3 " 5 6 7 8 9 10 I! 12 ';l and maintain during the life of this Agreement such public liabilit~,and property damage insurance as shall 'insure City, its elective and appointive boards, comm- issions, officers, agents and employees, Permittee and its agents performing acts covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operations hereunder, whether such operations be by Organization or it. agents or by anyone directly or indirectly employed bY,either Organization or its agents, and the amounts of such insurance shall be as follows: 1~ 14 1~ 16 17. 1~ 19 ':t ~ 2~ ~. ~ 24 "r-' ~, 26 \:i 2~ ~~ ~ . ; \ (a) Public Liability Insurance. In an amount not less than $100,000 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence; (b) Property Damage Insurance. In an amount of not 1e.. than $50,000 for damage to the property of' each person on account of anyone occurr- ence. 9. Organization hereby convenants that it has taken all actions necessary to make the adherence to the obligations imposed by this agreement a binding obligation of the organization. 10. Notices. All notices herein required shall be in writing and delivered in person or sent by <*,,!I~ ' . Agreement for~T~land Empire Opera Association ....".... .. 1 2 S 4 5 6 ~ 8 9 1(1 IJ 1~ 13 1~ 1~ 16 17- 1~ t~ 29 ..; 2l ", " 22 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: Inland Empire Opera Association Attn: Ms. Elli Shaleski 362 West Court Street San Bernardino, 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 neqotia- tions 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 condi- tions of this Aqre..ent shall prevail. DATED: CITY OF SAN BERNARDINO ATTEST: " ~ ~~ City Clerk ~ ~~ n ~, Orqanization ~.~~) . '. : Agreement fo~land Empire Opera ASSociation:~ .; ,i 1 2 and legal content: 3 4 5 6 7 ; 8 9 10 11 12 " 13 14 15 " 16 1'2 , \ 18 Approved as to form ~~€0 c y Attorney 19 20 21 ~ ~. 2~ ~ ~~ " 2~ 28 "