HomeMy WebLinkAbout21-Mayor's Office
cITY OF SAN BERARDINO - REQUEST Q>R COUNCIL ACTION
From: Thelma Press, Liaison, Mayor and Council Subj~: Recommendation by the Fine Arts Commission
to grant $15,000 to the San Bernardino
Dept: Valley Community Concert Association
Date: 10/17/90
Synopsis of Previous Council ~ion:
Recommended motion:
Adopt resolution.
:zI~ L
Signature
Con~ person: Thelma Press
Supporting date attached: Yes
Phone: ext. 5114
Ward:
FUNDING REQUIREMENTS:
Amount: $15,000
Source: (Acct. No.1 lJ()J -tJq/~~"%2.
(Acct. DescriDtionl Art Fundi ng
Finance:
I
17/l. -'/
Council Notes:
AnAnrl~ ItAm NO~
CiTY OF SAN BERQRDINO - REQUEST ())R COUNCIL ACTION
STAFF REPORT
The San Bernardino Valley community Concert Association is in
its 52 year of brinqinq outstandinq performances to San
Bernardino.
The 1990-91 Season presents four subscription paid concerts
and two free Youth Concerts.
Free tickets are provided to Senior Citizens and handicapped
students.
These community Concert presentations allow our citizens to
hear and see the very best performers without travelinq to
Los Anqeles or New York.
The qrant request was for $25,000. The Fine Arts Commission
approved $15,000 for fundinq on September 21, 1990.
.'';.~-,
,
<i
o
XIXVT..
o
-
FINE ARTS COMMISSION,
Priday, Septeaber 21, 1990
Water Department Board RoOlll
5th P100r of City Hall
San Bernardino, CA
MEMBERS PRESENT
Dorri. Ballard
Erne.t Garcia
C. Dale Jenk8
Harry Murray
Barry Silver
Richard Simon
MEMB!:RS ABSENT
Sylvia Cichocki
Frank Lindqren (Excu.ed)
Esther Mata
OTHERS ABSENT
Thelma Pre.. (Excu.ed)
-------------------------------------------------------------
t"U.T.'lP.D TO ORDER
Chairman Barry Silver called the meetinq to order at 4:15
p.m.
GRANT INTERVIEWS
The Pine Art. commi..ion met with the followinq
orqanization'. repre.entative. (San Bernardino Art
As.ociation, Inland Dance Theatre., Inc., San Bernardino
Valley Ccmaunity Concert As.ociation, Friends of the San
Bernardino Public Library, an4 Broadway Celebrity Play
serie.) to di.cu../revieW their qrant application. in further
detail and for clarification on' certain item. on the
application.
San Bernardino ~ As.oeiation
SECOND:
By Richard Simon to deny the San Bernardino
Art As.ociation qrant application becau.e the
application was not complete. The
comai..ioners .hould allow the orqanization to
correct the application an4 re.ubmit it at a
later date.
By Erne.t Garcia, and approved by the
co_i..ion.
MOTION:
Inland Danca Theatre.. Ine.
SECOND:
By Richard simon to approve the Inland Dance
Theatre., Inc. qrant application for the.
amount of'$20,OOO.
By Erne.t Garcia and approved by the
co_i..ion.
MOTION:
...
;an B.rnardino va~ev Communitv Conc.rt A..o~tion
SECOND:
By Richard Simon to approve the qrant
application for the amount of $15,000.
By Erne.t Garcia and approved by the
c~i..ion.
MOTION:
Friend. of the San Bernardino Public Librarv
SECOND:
By Richard Simon for the commi..ion to approve
the qrant application for the amount of
$5,000. However the commission will monitor
the Friends of the San Bernardino Public
Library's advertisinq syst.., proqramminq, and
public attendance for future reference.
Ernest Garcia and approved by the commi.sion
with C. Dale Jenks abstaininq.
MOTION:
Broadwav Celebrity Play Series
SECOND:
By Richard Simon for the commission to approve
the Broadway Celebrity Play Series qrant
application for the amount of $25,000.
By Erne.t Garcia and approved by the
commis.ion with C. Dale Jenks abstaininq.
MOTION:
OTHER BUSYNESS
The c~is.ioner. finalizec:l. their tentative rec~endations
made at the meetinq held on Tuesday, September 11, 1990:
METROPOLITAN OPERA AUDITIONS: Rec~end approval of qrant
application in the amount"of $3,500.
STURGES THEATRE GROUP: Deny'approval of qrant application as
requested for the amount of $16,150.
PRIME TIME CHORALIERS: Rec~end approval
application in the amount of $2,200.
STURGES FOUNDATION: Deny approval of qrant application as
requested for the amount of $21,000.
of qrant
INLAND MASTER CHORALE: Recommenc:l. approval
application in the amount of $2,500.
NATIONAL COUNCIL OF NEGRO WOMEN, IHe.: Rec~end approval of
qrant application in the amount of $4,000.
of qrant
SIHFONIA MEXICANA, INLAND EMPIRE OPERA ALLIANCE, and INLAND
EMPIRE SYMPHONY ASSOCIATION: Rec~enc:l. to approve a total
sum in the amount of $70,000 to the symphony'S qeneral fund
for distribution of the monies to the aforementioned qroup.
by the symphonY's'Board of Directors. '
..
..... .
'-
"
o
o
J(O'l'ION:
By Richard Si.on to approve the aforementioned
rec~endation. a. .tatad by the commi..ion.
SECOND:
By Erne.t
cOlllllli..ion.
Garcia
and approved
by the
ADJOURHMEH'l'
The .eetinq adjourned at 6:15 p... The next Fine Art.
C~i..ion .eetinq will be held rriday, Oc~ober 12, 1"0,
4100 p..., in the KaDaq..en~ Infor.aa~ion Cen~er (HIC Room),
loca~ed on ~he .iz~h floor of Ci~y .all, SaD Bernardino, C&.
:qjr
9/27/90
~
~
1
2
3
4
5
6
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO VALLEY COMMUNITY
CONCERT 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 San Bernardino valley Community Concert
9
10
11
12
13
14
Association a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
15 passage of this resolution.
16
I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18
19
Bernardino at a
meeting thereof, held on the
, 1991, by the following vote,
day of
20 to wit:
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
RESOLUTION ~ THE CITY OF SAN BE~DINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO VALLEY COMMUNITY
CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS:
ESTRADA
~
HAX.S.
ABSTAIN
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
of
City Clerk
The foregoing resolution is hereby approved this
, 1991.
day
W. R. "Bob" Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
.
...
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
o
o
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "city",
and San Bernardino Valley community Concert 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 appreciation in
San Bernardino, as more fully set forth in the proposal
submitted by organization.
2. Payment. Upon presentation of a claim to the city
Finance Director, city shall pay to organization from the
budget for the 1990-91 fiscal year, the total sum of fifteen
.
4
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
o
o
thousand dollars, to cover the costs per the Fine Arts grant
application agreement.
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. Said funds
shall be expended by June 30, 1991, 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, 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
funds paid hereunder and all operations under this agreement.
;-,,-~
-
..
1
2
3
4
5
6
7
8
9
o
o
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.
, t'
TermJ.na J.on.
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
10 of such notice. In the event this Agreement is terminated for
11 reasons of improper use of funds or use of funds for any
12 purpose other than those authorized, any unexpended portion of
13 the funds provided by City shall be returned to city. In
14 addition, Organization shall reimburse to city any funds
15 expended which were used for any purposes other than those
16 authorized under this Agreement.
17
Organization
shall not assign its
7.
Assic:mment.
18 interest in this Agreement without the prior written approval
19 of city.
20
Insurance. organization shall take out and maintain
8.
21 during the life of this Agreement such public liability and
22 property damage insurance as shall insure City, its elective
23
and appointive boards, commissions, officers,
agents and
24 employees, permittee and its agents performing acts covered by
25 this Agreement from claims for damages for personal injury,
26 including death, as well as from claims for property damage
27 which may arise from organization's or its agents' operations
28 hereunder, whether such operations be by Organization or its
~
..
1
2
3
4
5
6
o
o
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
7 each person, in an amount not less than $100,000 on account of
8
9
10
11
12
anyone occurrencel
(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
13 provide workers compensation insurance in the amount required
14 by state law if the funds provided hereunder are to be paid as
15 salary to any employee of organization. organization shall
16 require that all rights of subrogation under such policy of
17 workers compensation insurance shall be waived as to city.
18
city shall be set forth as an additional named
19 insured in each policy of insurance provided hereunder.
20
9.
organization hereby convenants that it has taken all
21 actions necessary to make the adherence to the obligations
22
this agreement
a binding obligation of the
imposed by
23 organization.
24
10. Notices.
All notices herein required shall be in
25 writing and delivered in person or sent by certified mail,
26 postage prepaid, addressed as follows:
27
28
As to City:
city Administrator
city of San Bernardino
As to organization:
San Bernardino Valley
community Concert Association
,....~.,~--'-~-
~
..
1
2
3
4
5
6
7
8
o
o
300 North "D" street Attention: Maclyn Abbott
San Bernardino, CA 92418 P. O. Box 377
San Bernardino, CA 92402
11.
Entire Aareement.
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
9 such document or instrument, the terms and conditions of this
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement shall prevail.
DATED:
CITY OF SAN BERNARDINO
ATTEST:
City Clerk
Organization
Approved as to form
and legal content:
JAMES F. PENMAN,
city Attorney
1 ;Z."rd;.