HomeMy WebLinkAbout1988-428
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RESOLUTION NO~ 88-428
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND MASTER CHORALE FOR THE PROMOTION OF ARTS AND
CULTURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San
Bernardino is hereby authorized and directed to execute
on behalf of said City an Agreement with the Inland
Master Chorale a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the fo~egoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
regular
meeting
thereof, held on the 21st
day of
November
1988, by the following vote, to wit:
AYES:
Council Members Estrada. Reilly. Flores,
Maudslev Minor. Miller
NAYS:
None
ABESENT:
Council Member Pope-Ludlam
~/?~~4/~~
/' City Clerk
The foregoing resolution is hereby approved this ~A~day of
November
, 1 988.
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Resolution for Inland Master Chorale Grant
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4 ApRroved as to form and legal content:
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6 ~y Attorney
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.~ i') A/ "I. C
(/"'70'(
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 Master 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 1988-89, in
order to assist in defraying the expense of certain
concerts, shows, festivals or events or activities
sponsored by Organization as set forth in Organi-
zation'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 in-
corporated herein by reference and shall govern the
uses of the funds provided here-in. 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 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 Organization.
2. Pavment. Upon presentation of a claim to
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the City Finance Director, City shall pay to Organiza-
tionrrom the budget for the 1988-89 fiscal year, the
total sum of one thousand six hundred twenty-five
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, 198~ and any unexpended
funds shall be returned to city by Organization.
4. Accounting. 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
cers or agents.
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5. Hold Harmless. Organization covenants and
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-
vities of Organization. Organization and its employees
and agents are independent contractors and are not emp-
loyees or agents 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 funds for any purpose
other tqan 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. Assiqnment. Organization shall not assign
its interest in this Agreement without the prior
written approval of City.
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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, 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 its agents or by anyone directly or indirectly
employed by either Organization or its agents, and the
amounts of such insurance shall be as follows:
(a) Public Liability Insurance. In an
amount not less than $100,000 for injuries, including,
but not limited to, death, to anyone person and,
subject to the same limit for each person, in an amount
not less than $100,000 on account of anyone
occurrence;
(b) Property Damage Insurance. In an
amount qf not less 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.
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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 Master Chorale
Attn: Mr. Gray E. Gaut
P. O. Box 8191
San Bernardino, CA 92412
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 negotia~
tions 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 condi-
tions of this Agreement shall prevail.
DATED:
~~~//~Jr
ATTEST:
,~2//4(?~j&
City Clerk
CITY OF SAN BERNARDINO
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agreement: INLAND lY'.LASTER CHORALE
Organization
_~e J4
Approved as to form
and legal content:
7'~
y Attorney
3 0 SEP 1988
City Fine Arts Commission
300 North "D" Street
San Bernardino, CA 92410
Dear Sirs/Madames,
'rhe Inland Master Chorale, performing division of the Inland Choral Music Education,
Inc., organized in 1980, is a nonprofit organization of about 80 mixed voices from
throughout the Inland Empire. Exemption from taxation under section 501 (c) 3 of the
Internal Revenue Code and Section 23701d of the California Revenue and Taxation Code has
been obtained. The Chorale has performed with the Inland Empire Symphony, Redlands
Symphony, Pasadena Master Chorale, and other accomplished musical organizations in this
area. In May 1985, the Chorale entered its first music competition and was awarded top
honor in the adult group division of the Johnny Mann All American Choral Festival.
Also, after review of audition tapes from over 60 choral groups, the American Choral
Directors Association selected the Inland Master Chorale to perform at its convention in
Anaheim, California on February 26, 1988.
'rhe Chorale I s main purpose is to provide an opportunity to study then present in
public concerts high quality choral works from all periods and" styles. The Inland
Master Chorale is the premier mixed voice group in the Inland Empire for providing this
community with high quality choral music. Applicants for membership are accepted
regardless of age, sex, race, creed, or physical handicap as long as they successfully
pass an audition.
The 1988/89 concert season includes exciting and cha~lenging choral works designed
to meet the higher level training needs of Chorale members while fulfilling the
expectations of an expanding area audience. However, in accepting the challenge of
meeting these needs, the Chorale faces higher operational costs which it sincerely hopes
will be partially supported by interested arts foundations such as yours.
The Chorale is considered to be a very valuable part of the performing arts in this
area, but as with most nonprofit performing arts groups, ticket sales alone do not cover
concert costs. Therefore, we must seek assistance from arts and cultural foundations
such as yours to provide partial funding support to our musical contributions to the
deserving people in this area. Thus, we respectfully request you approve a grant in the
amount of $1625.00 for partial funding of our November 6, 1988 concert of "Music by
American Composers" at Sturges Auditorium in San Bernardino.
~;;l~. ~
GARY E. GAUl'
Funding Coordinator
Enclosures
",' San ~mudlr.o City
fir"'" Arts.'.Commlssion'
ORGANIZA nON GRANT MPL1CA nON FORW
." ".
D. Contact Peraon Gary E. Gaut
Title Funding Coordinatoi'hone 382-4047
I. App!k;ant OrpnizatiGn ame, ~dress, e
Inland Master Chorale
2931 Orange Street
Highland, CA 92346
m. Prosr&m ~te&ory Under Which Suppon
~Reques~ Music
~iod 01 Support Requested
Phane 862-5113
CA State Non-Profit 10' 344
Number of Years in Existence 7
p.3
1 Nov 1988
(Startins)
thru 6 Nov 1988
(Endins)
Y. Summary 01 Project DescriptioN A concert of choral music by AIrerican COI!1l.;'Osers at
Sturges Auditorium on Novanber 6, 1988 aimed at senior citizens and students interested
in unique musical styles, but having interest for all pa.. trons of gcxx1 choral music.
VI. Estimated number 01 persons expected to benefit from this proaram/projecu 425
a) Number 01 persons by paid attendances 400
b) Number 01 persons by free or complimentary admissiON 25
YD. Need statemenU In order to provide San Bernardino citizens with an exp:>sure to and
appreciation of truly fine American ca1:'llx>sers, we soo~ funding assistance in meeting ~
of our concert expe..nses.
ViiI. Intended Results: Provide concert atte.Yla.ees l;;itl1 a ~1e\'J or aYl enlightened ai:jpreciation
and understanding on music coI~x)scd by Ar::ericans. ::::>~_)CC.to::. audience of 423 at Glis single
:J2rforr:Bnce v;ill be tlc general. pl.iblic of San Bcrnar(iino.
IX. Summary 01 Estimated CoSUI TOTAL COSTS OF PROJECT
A. Direct Cosu
s.la.ries and wages
Supplies 4t Materials (!'Iusic, Prirr'ci:lg)
Travel
Fixed Assets/Rentals or'Leases (Sturges Re.l'Yc.al) P, h
Fees and Other (Reception, I use)
TOTAL DIRECT COSTS
B. Indirect Costs
TOT AL PROJECT COSTS
/
x. Organiza lion an ticipa ted fLl\ding/ expenses:
Actual Most Recent
F isca! Period
$ 3925.00
$ 2300.00
A. Expenses
B. Revenues, Grants, Contributions, etc.
Estima ted This
Fiscal Period
$ 3925.00
$ 2300.00
XI.
Tota! amount requested from San Bernardino City Fine Arts Commission
NOTE: AmOWlt Requested $ 1625.00, . P. b
Plus total revenues, $ 2300.00
grants, contributions, etc.
Must equal total project $ 3925.00
costs above
XD. CERTlFICAnON~
Project Officer E,
Phone Number 382 4047
Title Func..L:g Coordinat.or
Date S(2~-hoA1ha~ 3t;{J ,(j !/g
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STATE OF.-GALI FORNIA
FRANCHISE TAX BOARD
SACRAMENTO. CALIFORNIA 95867
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Apz:il 22, 1981
In z:eply z:efez: to
344:ST:mh:g
'.
Inland Choz:al Musio Eduoation, Ino.
1794 Sonoz:a
San Bez:naz:dino, CA 92404
Puz:pose
Foz:m of Oz:ganization
A~~~untin~ P~~i~d !~~in~:
Oz:ganiza~ion Numbez:
Educational
COJ:poz:ation
On the basis. of the infoz:mation submitted and pJ:ovided youz: pz:esent
opeJ:ations continue unchanged oz: confoJ:m to those pJ:oposed in YOUJ:
application, you az:e exempt fJ:om state fz:anchise OJ: income tax unde~
Section 23701d, Revenue and Taxation Code. Any change in opeJ:ation,
chaJ:acteJ: oz: pUJ:pose of the oJ:ganization must be J:epoJ:ted immediately
to this offioe so that we may detez:mine the effect on youz: exempt
status. Any ohange of name oz: addz:ess also must be J:epoz:ted.
You aJ:e z:equiz:ed to file FOJ:m 199 (Exempt OJ:ganization Annual
InfoJ:mation RetuJ:n) OJ: FOJ:m 199B (Exempt OJ:ganization Annual
InfoJ:mation Statement) on oz: befoz:e the 15th day of the. 5th month (4
1/2 months) afteJ: the close of youz:-'acco~nting pez:iod. See annual
instz:uctions with foz:ms foz: J:equiz:ements.
.You az:e no~ z:equiJ:ed to file state.fJ:anchise OJ: income tax J:etuJ:ns
unless you have income subject to the unJ:elated business income tax
undez: Section 23731 of the Code. In thi9 event, you aJ:e J:equiz:ed to
file FOJ:m 109 (Exempt Oz:ganization Business Income Tax RetuJ:n) by the
15th day of the 3z:d month (2 1/2 months) afteJ: the close of YOUJ:
annual accounting peJ:iod.
If th9 ~~~ani2ation is ineo~po~a~ing; this a~p~~~al will ex,i~e u~legg
incoJ:poJ:ation is completed with the Secz:etaJ:Y of State within 60 days.
--
Exemption f%om~fedeJ:al income 0% othe% taxes and othe% state taxes
%equi%es sepa%ate applications.
Robez:t Lute, Managez:
Exempt OJ:ganization Section
Telephone (800) 852-5711
cc: Kenneth E. Skousen
Secreta!:y of State
Registz:az: of Chaz:itable Tz:usts
FTB 4206-ATS (7-78)
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InternarRevenue Service
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Dis~'rict Director'
Departmen.t of the Treasury
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DEe 6
1983
Our Letter Dated:
April 2, 1982
Person to Contact:
T. Ciolek
Contact Tefephone Number:
(213) 688-4152
Date:
I> Inland Choral Music Educa tion' Inc.
924 Eastwood Street
Redlands, CA 92373.
Gentlemen:
This modifies our letter of the above date in which we stated that
you would be treated as an organization which is not a private foundation
until the expiration of your advance ruling period.
Based on the information you submitted, we have determined that you
are not a private foundation within the. meaning ot section 509(a) of the
Internal Revenue Code, because you are_~ organization of the type described
in section 509(a)(1)'** . Your exempt status under section 50l(c)(3) of the
code is still in effect.
Grantors and contributors may rely ,on this determination until the
Internal Revenue Service publishes notice to the contrary. However. a
grantor or a contributor may not rely on this determination if he or she was
in part responsible for, or was aware of. the act or failure to act that
resulted in your loss of section 509(a)(1)'** status. or acquired
knowledge that the Internal Revenue Service had given notice that you would
be removed from classification as a sectio~ 509(a)(1)** organization.
Because this letter could help resolve any questions about your private
foundation status. please keep it in your permanent records.
If you have any questions. please contact the person whose name and
telephone number are shown above.
Sincerely yours,
tu tJ &~.
District Director
** and section 170(b)(1)(A)(vi).
'...
P.O. Box 2350, Los Angeles, Calif. 90053
Letter 1050 (DO'
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ADMINISTRATION
EXECUTIVE OFFICERS
Presldent: Mac Barnes
V.P. for Programming and Arts: Chuck S~eeney
V.P. for Administration and Finance: ~eff Grande
V.P. for Membership and Human Resources: Kim SHeeney
Secretary: Debbie Blddlck
Treasurer: Lenore DeBold
Chorale Director: Roger W. Duffer
Chorale Associate Director: Melva Morrison
Immediate Past President: Margaret Foss
BOARD ~ DIRECTORS
Tim Applen
Mac Barnes
Debbie Biddick
Dorene Cohen
~oan C.-DeFrance
Pat Czvik
Lenore DeBold
Bill Detrick
Marla Dortch
Robert Drage
CCMwtITTEES
Committee igc Proarammina ~ ~
Chorale Vice-President: Chuck SHeeney
Assistant Vice-President: Bill Detrick
Chorale Librarian: ~anice Murphy
Committee Members:
Soprano: ~anlce Murphy
Tenor: Paul Reed
Sub-Committee Chairpersons:
Director" Selection and Revie~: ~im Gravely
Performance Attire:
Men: Paul Reed
Programming: Melva Morrison
Commlttee for Administration ~ Finance
Chorale Vice-President: ~eff Grande
Assistant Vice-President:
Chorale Tresurer: Lenore DeBold
Committee Members:
Soprano:.
Tenor:
Sub-Committee Chairpersons:
Promotion:
Facilities Coordlnatlon:
Program Layout:
Commlttee ~ Membership ~ Human Resources
Chorale Vlce-Presldent: Kim S~eeney
Assistant Vice-President: Ruth Preston
Human Resources and Ne" Member Chairperson: Ruth Preston
Section Leaders:
Soprano I:Marla Dortch Soprano 2: Carolyn Michaelis
Alto I: Dorene Cohen Al~o II: Carolyn ~orrltsma
Tenor: Byron Moe Bass: Roger Biddlck
Sub-Committee Chairpersons:
Soclal: Kathleen Hernandez
Historian: Willie Loeser
Susan Drage
~eannie Duffer
Maggie Foss
Maggie Fuentes
Gary Gaut
Kaye Gaut
~eff Grande
Hollis Hartley
Kathleen Hernandez
~eanne ~ackson
Al~o:
Bass:
Women:
Alto:
Bass:
Dorothy Larson
Willie Loeser
~anice Murphy
Ru~h Preston
Rick Schaffner
Chuck SHeeney
Kim SHeeney
Shirley Vieths
Helene Winegar
Lori Wolfley
Amy We i dlnan
'-'im Gravely
Kathy May
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