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HomeMy WebLinkAbout1988-428 ,.. 1 2 3 4 5 6 7 8 9 10 11 12 13 ! 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ~. Resolution for Inland Master Chorale Grant 1 2 3 4 ApRroved as to form and legal content: 5 ~?~ 6 ~y Attorney 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .~ 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~6 27 28 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. 4 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~Q 21 22 23 I 24 25 26 27 28 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 4~ /J~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 f, , 26 27 28 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 . ~ .~ -.. . STATE OF.-GALI FORNIA FRANCHISE TAX BOARD SACRAMENTO. CALIFORNIA 95867 .~ :\; ~ ...~~: 'l~ ,., .. 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) 3 ~ InternarRevenue Service ~ Dis~'rict Director' Departmen.t of the Treasury ) . 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' I ~~ . ... 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 ",.. !:>