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CITY OF SAN BEROARDINO - REQUEST'OoR COUNCIL ACTION
From:
Thelma Press, Liaison for the
Fine Arts Commission
Mayor's Office
Subject: Recommendation by the Fi ne Arts Commi ss i on
to grant $80,000 to the Inland Emoire
Symphony ,
Dept:
Date:
8/20/91
Synopsis of Previous Council action:
3/25/91 - Ways and Means Committee approved the request for funding assistance from
Inland Empire Symphony Aesociation in the amount of $80,000
4/15/91 - The Mayor and Common Council approved the funding of $80,000 and directed
the Finance Director to prepare the necessary agreement authorizing the use
of the funds.
Recommended motion:
Adopt resolution.
W,L.l JIr/ ~
Signature
Contact person: Thelma Press
Supporting data attached: Yes
Phone: ~y+ ~"4
Ward:
FUNDING REQUIREMENTS:
Amount: $80,000
Source: (Acct. No.)
DO\-O<'\\- S-:\~"t1
(Acct. DescriDtion)
Art Funding
Finance:
Cw~ O~
Council Notes:
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Agenda Item NO~
CITY OF SAN BEFOARDINO - REQUES100R COUNCIL ACTION
STAFF REPORT
The San Bernardino Inland Empire symphony Association is a
very professional organization with an outstanding symphony
Orchestra which enhances the image of San Bernardino.
This symphony association has provided quality entertainment,
created a positive impact on economic development and
presented an excellent subscription series, and elementary
school music programs.
The San Bernardino Inland Empire Symphony this year has
submitted the following grant request.
$65,000 for the symphony
$10,000 for the Inland Empire Alliance opera
$20,000 for the sinfonia Mexicana
$95,000 Total
The Symphony serves as the umbrella organization for the two
latter groups.
The Ooera Alliance
A request for $10,000 to present a performance of Donezetti's
"Lucia di Lammermoor" by the San Francisco Company, scheduled
for January 31, 1991. Funds will 'be used specifically for
artistic and promotional expenses. This presentation will
represent the only time a fully staged opera will be
presented in San Bernardino.
The prior operas presented here were during World War II when
the Sun Telegram sponsored Operas featuring Italian prisoners
of war encamped in nearby facilities.
In 1987 the San Francisco Opera presented "La Boheme" under
the auspices of the Arrowhead Opera Institute, now known as
the Inland Empire opera Alliance. In 1988 "Don Pasquale" and
in 1989 "Madame Butterfly" were presented.
In addition to the traditional roles of selling tickets and
raising funds, the Alliance has created an organization of
opera enthusiasts who are assuming responsibility for a
series of activities including: I
,
Opera Prologues - a series of' lecture demonstrations
prior to the opening of each annual production held at
several locations throughout the County. Distinguished
lecturers will discuss the composer, back-stage activities
and libretto.
75-0264
CITY OF SAN BEICARDINO - REQUES'O'OR COUNCIL ACTION
STAFF REPORT
Opera Trips preceded by educational seminars,
excursions to see productions of other California opera
companies will be offered.
Opera Clubs - such as "The Young Bohemians" to involve
young adult students and professionals in the Inland Empire
opera Alliance. Numerous social service and educational
events will be sponsored.
The Inland Empire Opera Alliance is committed
that opera, one of the greatest of art forms,
remains an integral part of the quality of
Bernardino.
to insuring
becomes and
life in San
The Sinfonia Mexicana, is now in its sixth year and has
fostered a greater appreciation of Mexico's significant
contribution to the world of symphonic music and, in doing
so, has enhanced intercultural understanding. Sinfonia
Mexicana has gained international, recognition in recent
months and is considered by the California Arts Council to be
a model program. l
It has generated so much international goodwill that the
Mexican Government now provides financial assistance by
underwriting the cost of acquiring music, printing program
books, posters and providing air transportation for
dignitaries attending the concert. This event is a valuable
contribution in raising the cultural horizons of the region
and proves that groups from diverse heritages can work
successfully together.
This year in addition to the Sinfonia Mexicana concert, a
matinee performance, and a juried art show featuring hispanic
artists is scheduled.
The Inland Empire opera Alliance and the Sinfonia Mexicana
share resources such as office space, box office support,
computer equipment, professional 'services, and volunteer
support with the Inland Empire Symphony. i
This partnership allows for increased cost effectiveness and
the professional support provided by the Symphony ensures the
success of both groups.
The total amount requested by the Symphony is $95,000. The
Fine Arts Commission granted $80,000 in total at the
commission meeting held on September 21, 1990.
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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
7 hereby authorized and directed to execute on behalf of said
8 city an Agreement with the Inland Empire symphony Association a
9 copy of which is attached hereto, marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth
11 at length.
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SECTION 2. The authorization to execute the above-
13 referenced agreement is rescinded if the parties to the..
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agreement fail to execute it within sixty
(60) days of the
15 passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
, 1991, by the following vote,
20 to wit:
day of
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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.
COUNCIL MEMBERS:
ESTRADA
AYES
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
~
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this
day of
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY: }~~ 1- IL
City Attorney
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
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AGREEMENT
Fine Arts Fundinq
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
organization, referred to as "organization".
The parties agree as follows:
1. Recitals.
A. organization has requested financial assistance
from City for the fiscal year 1990-91, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by organization as set forth in
Organization's grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of the city, a copy of
which proposal is on file in the Office of Cultural Affairs.
The terms of the proposal are incorporated herein by reference
and shall govern the uses of the funds provided herein. The
financial assistance provided for in this agreement is made on
a one-time only basis, and receipt of said funds shall not
imply a continuing obligation of the City beyond the terms of
this Agreement.
B. The expenditure is for a valid municipal public
purpose, to wit: for the promotion of music in music
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 the total sum
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of eighty ~usand dollars ($80,000),~ cover the costs per
the Fine Arts grant application agreement. It is understood
that payment by the City to the Inland Empire Symphony shall be
made after July 1, 1991; and as mutually agreed to by the City
Administrator and the Inland Empire Symphony Association.
3. Use of Funds. The funds paid to Organization shall
be used soley 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. 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, 1991. Financial records shall
be maintained in accordance with generally accepting accounting
principles by Organization in such a manner as to permit City
to easily trace the expenditures of the funds. All books and
records of Organization are to be kept open for inspection at
any time during the business day by the City or its officers or
agents.
5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its employees
and agents from all liabilities and charges, expenses
(including counsel fees), suits or losses however occuring, or
damages arising or growing out of the use or receipt of the
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funds paid<=lreunder and all operatio~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, 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
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agents or ~ anyone directly or ind~ctlY 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 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;
(b) property Damage Insurance. In an amount of not
less than $50,000 for damage to the property of each person on
account of anyone occurrence.
(c)
Workers
Compensation.
Organization shall
provide workers compensation insurance in the amount required
by state law if the funds provided hereunder are to be paid as
salary to any employee of organization.
organization shall
require that all rights of subrogation under such policy of
workers compensation insurance shall be waived as to City.
City shall be set forth as an additional named
insured in each policy of insurance provided hereunder.
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 certified mail,
postage prepaid, addressed as follows:
As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
As to Organization:
Inland Empire Symphony Assoc.
Attn: Susan Feller
362 W. Court
San Bernardino, CA 92401
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17 ATTEST:
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AGREEMENT
o
INLAND EMPIRE SYMPHONyaOCIATION
11.
Entire Aqreement.
This Agreement and any documents
or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental hereto,
and supersede all negotiations and prior writing in respect to
the subject matter hereof. In the event of conflict between
the terms, conditions or provisions of this Agreement, and any
such document or instrument, the terms and conditions of this
Agreement shall prevail.
12.
Non-Discrimination.
Organization agrees that for
the term of this Agreement it shall not discriminate in
employment,
recruitment,
hiring,
admission
practices,
advertising or in any other manner on the basis of race, color,
creed, religion, national origin, sex, physical handicap, or
marital status.
DATED:
CITY OF SAN BERNARDINO
City Clerk
Organization
23 Approved as to form
and legal content:
24
25 JAMES F. PENMAN
City Attorney
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