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HomeMy WebLinkAbout20- Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Thelma Press, Fine Arts Liaison Subject: Approve recommendation of The Fine Arts Commission to grant Dept: Mayor's Office 1,000 to the Prime Time Choraliers Date: September 4, 1998 ORITNAL Synopsis of Previous Council Action: 1997: Resolution #97-321 approved ($ 1,300) 1996: it #96-319 ( 1,000) 1995: it #95-312 ( 1,500) 1994: of #94-304 ( 1,500) 1993: it #93-446 ( 2,500) Recommended Motion: MAYOR AND COMMON COUNCIL ADOPT RESOLUTION Signature Contact person: Thelma Press Phone 5133 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: 1,000 Source:(Acct. No.) 001-091-5185 Acct. Description) FIN ARTS Finance: Council Notes: Agenda Item No. .0 Synopsis: Prime Time Choraliers The Prime Time Choraliers was founded in 1986 by two former San Bernardino music teachers who wished to encourage retired senior citizens having a love for music and song to be a part of this group. The average age of the participants is 75 years. Over the past years with the cooperation of the Park, Recreation and Community Services and the funding awarded by The Fine Arts Commission, the Prime Time Choraliers have developed into a fine senior choral group. Performances are held in hospitals, schools, convalescent homes, and church clubs. * Estimated Attendance - 3,000 * Number of Performances - 25 * Estimated Costs..........$4,300.00 * Estimated Income..........$4,730.00 * Grant requested was..........$2,942.00 * Grant recommended..........$1000.00 RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WTI'H THE PRIME,Tam CHORAL SRS FOR THE PROMOTION OF ARTS AND CULTURE. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City an Agreement with PRIME TIME 9 10 CHORALIERS, a copy of which is attached hereto marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above referenced agreement 13 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 14 passage of this resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 September 22, 1998 1 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITTT THE PRIME TIME CHORAL MRS FOR 1 THE PROMOTION OF ARTS AND CULTURE. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a meeting thereof, 5 held on the day of , 1998, by the following vote, to wit: 6 Council Members AYES NAYS ABSTAIN ABSENT 7 ESTRADA — — — — 8 LIEN — — — — 9 10 ARIAS — — — 11 SCHNETZ — — — — 12 DEVLIN — — — — 13 ANDERSON — — — — 14 MILLER — — — — 15 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of , 1998. 19 20 JUDITH VALLES, Mayor 21 City of San Bernardino Approved as to form and 22 legal content: 23 James F. Penman, 24 City Attorney 25 By: 26 27 28 September 22, 1998 2 1 AGREEMENT 2 Fine' Arts Funding 3 THIS AGREEMENT is entered into between the CITY OF. SAN 4 ERNARDINO, a municipal corporation, referred to as "City" and the 5 RIME TIME CHORALIERS, a non-profit organization, referred to as 6 "Organization. " 7 The parties agree as follows : 8 1 . Recitals . 9 A. Organization has requested financial assistance from 10 City for the fiscal year 1998-99, in order. to assist in defraying 11 he expense of certain concerts, shows, festivals, or events or 12 ctivities sponsored by Organization as set forth in Organization' s 13 grant proposal (hereinafter "the proposal" ) approved by the Fine 14 its Commission of the City. A copy of said. proposal is on file in 15 the Mayor' s Office of Cultural Affairs . The terms of the proposal 16 are incorporated herein by reference and shall govern the uses of 17 the funds provided herein. The financial assistance provided for 18 in this agreement is made on a one-time only basis, and receipt of 19 said funds shall not imply a continuing obligation of the City 20 beyond the terms of this Agreement . 21 B . The expenditure is for a valid municipal public 22 purpose, to wit : for the promotion of art appreciation in San 23 Bernardino, as more fully set forth in the proposal submitted by 24 Organization. 25 2 . Payment . Upon presentation of a claim to the Mayor' s 26 Office, City shall pay to Organization from the 27 28 -1- Exhibit "A" GREEMENT RE: THE CITY O OF THEERNA DIND CULTURE . AND TH PRIME TIME 1 HORALIERS FOR THE PROM 2 3 udget for the 1998-99 fiscal year, the total sum of $1, 000 4 ollars, to cover the costs per the Fine Arts grant application 5 greement . 6 3 . Use of Funds . The funds paid to Organization shall be 7 sed solely for the purposes set forth in Paragraph 1 and in strict 8 ompliance with the provisions set forth in the agreement . No 9 eviation from the agreement shall be made without the express 10 approval of the City of San Bernardino. Said funds shall be 11 xpended by June 30 , 1999, and any unexpended funds shall be 12 eturned to City by Organization. 13 4 . Accounting. Within 20 days after the completion of the 14 vent, the Organization shall submit to the Mayor' s Office, with a 15 of the actual opy to the Director of Finance, an accounting 16 xpenditures connected with said event as it relates to the funds 17 hich were provided by the City. Financial records shall be 1$ enerall accepted accounting aintained in accordance with generally 19 principles by Organization in such manner as to permit City to 20 easily trace the expenditures of the funds . All books and records 21 en for inspection at any time f Organization are to be kept op 22 during the business day by the City or its officers or agents . 23 Failure to submit the financial records in accordance with this 24 section will result in the Organization reimbursing the City. 25 S . Hold Harmless . Organization covenants and agrees to 26 defend, indemnify, and hold harmless the City and its employees and 27 agents from all liabilities and charges, 28 -2- 1 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 xpenses (including counsel fees) , suits or losses however 4 ccurring, or damages arising or growing out of the use or receipt 5 f the funds paid hereunder and all operaticns under this 6 agreement . Payments hereunder are made with the understanding that 7 he City is not involved in the performance of services or other $ activities of Organization. Organization and its employees and 9 gents are independent contractors and are not employees or agents 10 f the City in performing said services . 11 6 . Termination. City shall have the right to terminate 12 his Agreement and any funding remaining unpaid hereunder for any 13 reason by mailing a ten-day written notice to Organization and this 14 agreement shall terminate ten days after the mailing of such 15 notice . In the event this Agreement is terminated for reasons of 16 'improper use of funds or use of funds for any purpose other than 17 hose authorized, any unexpended portion of the funds provided by 18 ity shall be returned to City. In addition, Organization shall 19 reimburse to City any funds expended which were used for any 20 purposes other than those authorized under this Agreement . 21 7 . Assignment . Organization shall not assign its interest 22 in this Agreement without the prior written approval of City. 23 8 . Insurance . Organization shall take out and maintain 24 during the life of this Agreement such public liability and 25 property damage insurance as shall insure City, its elective and 26 appointive boards, commissions, officers, 27 28 -3- 1 GREEMENT RE : THE CITY OF SAN BERNARDINO AND THE PRIME TIME HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 gents and employees, Organization and its agents performing acts 4 overed by this Agreement from claims for damages for personal 5 'injury, including death, as well as from claims for property damage 6 hich may arise from Organization' s or its agents' operations 7 ereunder, whether such operations be by Organization or its agents 8 r by anyone directly or indirectly employed by either Organization 9 r its agents, and the amounts of such insurance shall be as 10 ollows : 11 (a) public Liability Insurance . In an amount not less than 12 1, 000 , 000 for injuries, including, but not limited to, death, to 13 any one person, and subject to the same limit for each person, in 14 n amount not less than $100, 000 on account of any one occurrence; 15 (b) property Damage Insurance . In an amount of not less than 16 $50 , 000 for damage to the property of each person on account of any 17 one occurrence . 18 (c) Workers Compensation. Organization shall provide workers 19 compensation insurance in the amount required by state law if the 20 funds provided hereunder are to be paid as salary to any employee 21 of Organization. Organization shall require that all rights of 22 subrogation under such policy of workers compensation insurance 23 shall be waived as to City. City shall be set forth as an 24 additional named insured in each policy of insurance provided 25 hereunder. 26 (d) The Certificate of Insurance furnished to the City shall 27 require the insurer to notify the City of any change or termination 28 in the policy. -4- 1 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE PRIME TIME HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 9 . Obligation. Organization hereby covenants that it has 4 aken all actions necessary to make the 'adherence to the 5 bligations imposed by this agreement a binding obligation of the 6 rganization. 7 10 . Notices . All notices herein required shall be in writing 8 nd delivered in person or sent by certified mail, postage prepaid 9 addressed as follows : 10 As to City: As to Organization: 11 Mayor' s Office Jack Henley 12 City of San Bernardino Prime Time Choraliers 300 North "D" Street 337 E. 40th St . 13 San Bernardino, CA 92418 San Bernardino, CA 92407 14 11 . Entire Agreement . This Agreement and any documents or 15 instruments attached hereto or referred to herein integrate all 16 terms and conditions mentioned herein or incidental hereto, and 17 supersede all negotiations and prior writing in respect to the 18 subject matter hereof . In the event of conflict between the terms, 19 conditions or provisions of this Agreement, and any such document 20 or instrument, the terms and conditions of this Agreement shall 21 revail . 22 12 . Non-Discrimination. Organization agrees that for the term 23 of this Agreement it shall not discriminate in employment, 24 recruitment, hiring, admission practices, advertising or in any 25 other manner on the basis of race, color, creed, religion, national 26 origin, sex, physical handicap, or marital status . 27 28 DATED: -5- 1 GREEMENT RE : THE CITY OF SAN BERNARDINO AND THE PRIME TIME HORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 CITY OF SAN BERNARDINO 4 5 Judith Valles, Mayor 6 7 8 9 TTEST: Rachel G. Clark, City Clerk 10 11 ORGANIZATION 12 13 pproved as to form 14 and legal content : 15 JAMES F . PENMAN ity Attorney 16 17 By: 18 19 20 21 22 23 24 25 26 27 28 -6- PERFORMING ARTS - GRANT APPLICATION FORM City of San Bernardino - Fine Arts Commission I . Applicant Organization (Name, II . Contact Person Jack Henley Address, etc . ) Title President Phone : ( 909 ) 883-8827 PRIME TIME CHORALIERS 337 E. 40th Street III . Program Category Under which San Bernardino, Ca 92407 Support is requested: Performing Arts -------------------------------------- Phone : ( 909 ) 883-8827 IV. Period of Support Requested . Non-Profit I .D.95-6000-772 Sept. 1 , 1998 through Julu 18, 1999 Number of Years in existence 12 Starting , Ending V. Project Descriptions : City of San Bernardino Parks and Recreation, Choral Music, consisting of Senior members, with an average age of 75, singing in four and six part harmony. Men's and Women's Octet groups, performing at smaller functions. VI Estimated number of persons expected to benefit from this program/project : 3000 a) Number of persons by paid attendance : -0- b) Number of persons by free complimentary admission: 3000 c) Number of performances scheduled: 25 . 3000 d) Total attending all performances ( [a] plus [b] ) : VII . Need Statement : This organization is composed of Senior Citizens from the San Bernardino area, offering appropriated expression of music in the lives of it's members, Church Clubs, Social, Civic Groups. Convalescent Homes, Hospitals and Schools, etc. VIII . Intended Results : Choral Music Appreciation, Expression and Entertainment (PA Revised 6/96) -6- Ix. Total anticipated expenses for this period: Salary & Wages $ 500.00 Supplies & Material $ 100.00 Travel $ -0- Fixed Assets/Rentals or Leases $ 700.00 Outstanding loan payments $ -0- -0- Fees Other $ TOTAL COSTS $ 1 ,300.00 X. Total anticipated income for this period:Most Recent This Fiscal Period Fiscal Period Income from performances $ 900.00 $ 800.00 Revenue (stocks, bonds, rentals, etc . ) $ $ Grants $ 1,300.00 $ 2,000.00 Contributions $ 1 ,229.00 $ 1,200.00 Funds from Support Groups $ 744.00 $ 700.00 Other $ 69.00 $ . 30.00 TOTAL INCOME $ 4,242.00 $ 4,730.00 XI . Amount requested from the San Bernardino Fine Arts Commission: a) Total Costs (Section IX) $ 1 ,300.00 b) Total Income (Section X) $ 4;242.00 AMOUNT REQUESTED ( [a] minus [b] ) $ 2,942.00 Percentage requeste (Amount Requested divided by ota Costs (PA Revised 6/96) -7- i . Amount per person to be subsidized by Fine Arts grant : Amount requested (Section XI Line [c] ) divided by number of people attending (Section VI Line [d] ) $ .98 XII . Future objectives : As availability of city funds will be increasingly restricted in the foreseeable future, how does your organization propose to become more self-sufficient? We would have to ask for donations. -iii . Provide a brief history/background of the organization: The Chorus was formed in 1986 and was an out-growth of AARP 2083. It was made up from AARP 2083 men and women around the San Bernardino area. The Chorus receives support from it's members, support groups and Fine Arts Commission under the San Bernardino Cities I.D. #95-6000-772. CERTIFICATION: Project officer: Title : President Jack D. Henley Phone Number: 909)883-8827 Date : July 29, 1998 (PA Revised 6/96) -8- r List Board of Directors and Officers (Include names, addresses and phone numbers) PRESIDENT JACK D. HENLEY 337 W. 40th St. San Bdno. , Ca 92Z (909)883-8827 VICE PRESIDENT LOU BEEMER 855 Cedar Ave. Redlands, Ca 923% (909)792-1088 SECRETARY LUCILLE POTTS 2815 Alameda •St. San Bdno. , Ca 924 (909)883-2140 MUSIC DIRECTOR JO STEWART 1122 E. -26th St. San Bdno. , Ca 924 (909)883-6671 ACCOMPANIST JACK RODGERS 3396 Mt. View Av( San Bdno, Ca 924( (909)882-8894 ',IBRARIAN JERRY SHARP 1001 Chandler Wei Highland, Ca 9234 (909)862-8851 PROGRAM SCOUT. ELOISE MAURER 3835 Del Rosa Ave San Bdno. , Ca 924 (909)883-2343 HISTORIAN & FOUNDER MILLIE MARSHALL 2617 Davidson Ave San Bdno. , 92405 (909)882-7496 TREASURER SHERMAN FITZGERALD 400 Marcia St. Redlands, Ca 9237 (909)792-1983 (PA Revised 6/96) -9- C I T Y O F y� �n bernardino R A C H E L C L A R K C I T Y C L E R K October 7, 1998 Jack Henley Prime Time Choraliers 337 E. 40')' St. San Bernardino, CA 92407 Dear fir. Henley: At the Mayor and Common Council meeting of October 5, 1998, the City of San Bernardino adopted Resolution 98-286 authorizing a fine arts funding agreement. Enclosed is an original agreement. Please sign in the appropriate location and return the original agreement to the Citv Clerk's Office, ATTN: Melanie Miller, P.O. Box 1318, San Bernardino, CA, 92418 as soon as possible. You will be mailed an executed copy for your files. Please be advised that said resolution will be null and void if it is not executed within sixty (60) days — December 4, 1998. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Rachel Clark City Clerk By: Melanie Miller, Senior Secretary RC:mam Enclosures P . O . B O X 1 3 1 8 , S A N B E R N A R D I N O , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N 0 . C A L I F O R N I A 9 2 4 1 8 . 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 9 4 . 5 1 5 9 T 0 0 1 T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0