HomeMy WebLinkAbout1988-432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 . I RESOLUTION NO. 88-432 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA WESTERN AUDITIONS 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 Metropoli- tan Opera Western Regional Auditions 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 foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 21st day of 1988, by the following vote, to wit: November AYES: Council Members Estrada, Reilly, Flores, 20 21 22 23 24 25 26 27 28 Maudsley, Minor, Miller NAYS: ABSENT: None Council Member Pope-Ludlam' ' ~t?'g~W~~ " City Clerk The foregoing resolution is hereby approved this' 2~JL/ day of November , 1 988. 'j Resolution for Metropolitan Opera Western Auditions 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 A roved as to form and legal content: l-;L . y Attorney ~?l~ Ev yn Wilc x, Hayor City of San Bernardino " - . 2J' - ~c1:,L 1 AGREEMENT 2 Fine Arts Fund!nq 3 THIS AGREEMENT is entered into between the CITY 4 OF SAN BERNARDINO, a municipal corporation, referred to 5 as "City", and the Metropolitan Opera Western Regional 6 Auditions a non-profit organization, referred to as 7 "Organization". 8 The parties agree as follows: 9 1. Recitals. 10 A. Organization has requested financial 11 assistance from City for the fiscal year 1988-89, in 12 order to assist in defraying the expense of certain 1~ concerts, shows, festivals or events or activities 14 sponsored by Organization as set forth in Organi- 15 zation's grant proposal (hereinafter "the proposal") 16 approved by the Fine Arts Commission of the City, a 17 copy of which proposal is on file in the Office of 18 Cultural Affairs. The terms of the proposal are in- 19 corporated herein by reference and shall govern the 20 uses of the funds provided here-in. The financial 21 assistance provided for in this agreement is made on a 22 one-time' only basis, and receipt of said funds shall I: 23 not imply a continuing obligation of the City beyond 24 the terms of this Agreement. 25 B. The expenditure is for a valid munici- 26 pal public purpose, to wit: for the promotion of music 27 appreciation in San Bernardino, as more fully set forth 28 in the proposal submitted by Organization. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 , 17 18 I 19 , ., 2Q 21 26 27 28 j,:: 2. Pavment. Upon presentation of a claim to the City Finance Director, City shall pay to Organiza- tion from the budget for the 1988-89 fiscal year, the total sum of three 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. Accountinq. 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 1~ 11 12 13 14 15 16 17 18 1~ 20 21 22 23 24 25 26 27 28 I ,.) I 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 than those authorized, any unexpended portion of the fund~ 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 I 3..' 4 5 ,6 .7 .~ 9 19 11 12 1~ 14 15 16 17 18 19 20 21 22 2~ 24, 25 26 27 28 I 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 of not less than $50,000 for damage to the property'of each person on account of anyone occurr- ence. 9. Organization hereby convenants that it has taken all actions necessary to make the adherence to the obligations imposed by this agreement a binding obligation of the organization. I . , . , . ,I fJ,7 1$ l~ I' ,20 " . ~ 1 21 22 23' 'j i 24 25 /.1 ,2p I " 27 ~8 '. I I' 1 10. Notices. All notices herein required 2 shall be in writing and delivered in person or sent by 3 certified mail, postage prepaid, addressed as follows: -4 5 6 7 :8 9 10 11 , ! As to City: As to Organization: City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Metropolitan Opera Western Regional Auditions Attn: Ms. Gwendolyn Roberts 1898 Genevieve Street San Bernardino, CA 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 12 13 14 15 16 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: I' 4iMdtJ ~ 1m? CITY OF SAN BERNARDINO ATTEST: ~4~ lI~ / ~?~~J2~~/ ,/ City Clerk 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 AGREEMENT: METROPOLITAN OPERA WESTERN REGIONAL AUDITIONS Organization 4A-('~rff~ Approved as to form and legal content: (L 'ty Attorney METROPOLITAN OPERA Western Regional Auditions Arizona, So. California, So. Nevada Sponsored by the Metropolitan Opera National Council METROPOlITAN OPERA NATIONAL COUNCIL PRESIDENT . John T. Lawrence. Jr. EXECUTIVE DIRECTOR OF AUDITIONS Miss R.w Stevens NATIONAL CHAIRMAN Howard J. Hook. Jr WESTERN REGIONAL CHAIRMAN Mrs Thomas J. Fauble WESTERN REGIONAL TREASURER Ms. Winifred Kraflon WESTERN REGIONAL AUDITIONS CO-DIRECTORS Mrs. Anthony Day Mrs. RIchard Siefert DISTRICT AUDITIONS DIRECTORS Arizona Mrs. Rex E. Brewster Mrs. Stephen M. Seltzer Los Angeles County Mrs. Theodore E. Drake Mrs. Albert Peters Orange County Nunzio Crisci Mrs lorraIne Lippold Mrs. Edward W. Schumacher San Bernardino . Riverside CountIeS. So Nevada 'Miss GwendOlyn Roberts San Diego - Imperial Counties Mrs. Lester Snyder San Joaquin Valley Dr. Gary Unruh REGIONAL SUPPORT ORGANIZATIONS AIlantJC Richfield Foundation Gladys Tunt Foundation Showcase Concert Associates Committee The Opera Associates UnIVersIty of Sou1hem Califorma DISTRICT SUPPORT ORGANIZATIONS Auditions Guild 01 General Arizona Opera Guild of Southern Arizona Opera Auditions Patrons of Arizona The Met Auditions Committee Metropolitan Audition Affiliates 01 Orange County San Diego Opera Association NatIonal Association of Teachers of Singing. San Diego Distnct California State University. Fresno Townsend Opera Players. Modesto Fresno Musical Club Fresno Opera League Fresno Bee (KMJ-KMJ- TV) Las Vegas Opera Association Fine Art CommISSion. CCy 01 San Bernardino San Bernardino Club. Zanca InIematIonaI San Bernardino Friends 01 Opera San Bernardtno Valley Concert Association Arrowhead Allied Arts Council First Federal Savings and Loan of San BernardIno SAN BERNAAOIM).RIVERS lOE COUNTIES OISTRIC~ SO. lIIEVAOA GlIi:NO[l,VN ROBERTS, 018trict 01N1ctor 1898 Genevieve Street San Ba",ud lno, CA 92405 June 6, 1988 Mr. Barry Silver, Chairman Fine Arts Commission City of San Bernardino, San Bernardino, CA 92418 Dear Mr. Silver and members, Fine Arts Commission: Enclosed are the forms for the Grant Application for funds from the Fine Arts Commission. I am hoping that we may be considered for additional funds for our Auditions that ere to be held this next October 30, 1988. I have waited to send this to you until I was sure of the amounts that we will possibly be receiving from other sources. We are very grateful for the Grant we received last year which enabled us to expand our program of services for the singers of this area. We think that, in spite of the raises in the Liability insurance which we must carry and the increase in postage, office supplies etc., we will be able to continue our program with some additional assistance from you. We want to continue our program as we have been able to increase our services for singers, so that the singers will not be deterred in their efforts to build a career. We feel that this is such a valuable service, that it does deserve a good deal of consideration. The past support of the Fine Arts Commission is so gratefully appreciated. We could never have built our organized efforts without your assistance and we thank you. I shall appreciate your consideration or this added request. Encl: CHECKLIST This checklist must be attached to the front of your application. Use this form to make sure you have prQperly completed your application. Applications not properly developed may receive a lower ranking or be rejected without consideration for funding. 1. Is the appHca tion typed? IXI Yes 2. Are all pages in proper order. and numbered? IXJ Yes 3. Does supplemental material refer to appropriate section numbers? /1..1 Yes 4. Are all elements answered on page one? N.I Yes ,. Does the need statement really present a valid, easily understood need? ~I Yes 6. Is there a target group identified in the need statement? XI Yes 7. Does the need statement express a local need? /Xl Yes 8. Do your intended results explain activities you plan to do in order t.o meet the needs you have identified? /XI Yes 9. Did you explain and specify in measurable terms your intended results on the target group? 1(1 Yes 10. Did you respond to the application instructions element-by-element? IX.! Yes 11 . Is your budget in line item detailed on supplemental sheets? IXI Yes 12. Are your calculations accurate? l)(t Yes 13. Is the document signed by the director or board president or a~thorized signature? I'KI Yes 14. Is each application stapled individually? lXI Yes 15. Are there copies being forwarded to the City Fine Arts Commission Office? lXI Yes 16. In re-reading the application from beginning to end, is there continuity of thought? / y;; Yes 17 . Is the checklist complete and attached to the original application? /)(7 Yes 18. Are you filing the application within the appropriate time frame? / / Yes I,. (. San Bem.udlno City 'iM"ArtS ~mission ORGANlZA nON GRANT APPUCA nON FORW t' I ' I. Appllcant Orpnization ame, ~dreSlt e San Bernardino-Riverside Counties Metropolitan Opera Auditions Phone 883-7671 CA State Non-Profit ID , Number of Years in Existence 28 !II- Pro....... ~telory Under Which Support gReques~ Music - Vocal Competition ~iod 01 Support Reques1ed November 1987thru November 1988 tstartina) CEndin&) V. Summuy of Project Description: See Attached Sheet VI. Est.im&ted number of penons expected to benefit from this proaram/projecU 21 Sinoers a) Number of persons by paid attendances 200 - 250 b) Number' of penons by free or' complimentary admissiON 25 YD. Need statement: See Attached Sheet Viii. Intended Results: Winners from this District go to Los Angeles to compete in the Regional Auditions where they will place according to the decisions of the Judges. Also our singers can be engaged for local programs and musical events. The winners from the Regional Competition where singers from eight Districts compete mav be chosen to proceed to the National Competition according to the deeision of the IX. Summary 01 Estimated Costs: TOTAL COSTS OF PROJECT Hegiona1 A. Direct Costs Awards 2 250.00 Judges. Salaries and wages Accompanists, Master Class, Judges 988.00 Supplies ct Materials 976.00 lJaveV Stage Hands 45.00 Fixed Assets/Rentals or' 'Leases 454.00 Fees and Other Insurance 64 35 Hospitality r~~~1~~tv 932 80 TOT AL PROJECT COSTS B. Indirect Costs A. Expenses B. Revenues, Grants, Contributions, etc. Actual Most Recent Fisca.l Period- $ 4,897.01 $ 5.045.00 Estima ted This Fisca! Per iodl.. $ 5,860.15 .. $ 3..BOO.OO x. OrganizatiGn anticipated fwviin&lexpensesa Xl. Total amount requested from San Bernardino City Fine Arts Commission NOTE: AmCMmt Requested $ 3.000 _ 00 We have been promised a Plus total revenues, $.k..8hO .15 $3,000 Grant. If this grants, contributions, etc. is received. we will then Must equal total project $ 5 _ A60 _ 1 c) have enouqh to carrv us costs above throuQh if vou can arant us Tide District Director Date Mav 31, 1988 . , . SECTION VII. NEED STATEMENT: Due to the fact that each District is required to finance its own needs for awards and administration, we need funds for: 1. Awards for 1st, 2nd, 3rd, 4th, and e possible 5th place awards and for Study Awards. 2. We need funds to pay for Rent of Auditorium, Stage Hands, Insurance, Accompanists, printing of letterheads, envelopes, programS, brochure-applications, postage, office supplies, printing of forms for the singers and for the judges, telephone calls, for refreshments for the reception during the judges deliberations. The tremendous increase in Insurance has presented a real problem for us, and the increase in postage and office supplies also represent a financial for us for this next audition. We have secured the promise of a grant of $3000. or approximately that amount, from several sources. Therefore, if we could be considered for a Grant from the Fine Arts Commission of $3,000 for the Auditions for 1988-1989, to be held on October 30, 1988, we would be able to meet our expenses and still have enough for substantial Awards for our singers. We will be holding a Master Class for all of the singers in the Auditions on November 6th, tuith a fine vocal authority from Los Angeles as clinician, thus giving our singers added assistcnce in preparing for the Regional Auditions in Los Angeles. ~-- , . SECTION v. SUMMARY OF PROJECT DESCRIPTION The purpose of the National Council, of' the Metropoll tan Opera is to: 1. Find exceptionally talented opera singers and to assist in their development. 2. to discover new talent for the Metropolitan Opera. 3. To search for possible participants in the young Artist Develop- ment program of the Metropolitan Opera Association. 4. To give singers an opportunity to be heard and encouraged in their careers. A special aspect of this program is the cont~cts with prOducers and directors for programing vocal concerts and appearances with orchestras and production events thus giving the singers experience in performing and encouragement for further development and progress in meaningful careers.