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Cn-V OF SAN BI!RIORDINO - RI!QUI!ST OR COUNCIL ACTION
From: Thelma Press,Liaison, ~layor and Council Subject: Recommendation by the Fine Arts Commission
to 9rant $3,500 to the Metropolitan Opera
Dept: National Council Auditions Western Region
Date: 10/17/90
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
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Signature
Contact person: Thelma Press
Supporting date attached:
Phone:
ext. 5114
Ward:
FUNDING REQUIREMENTS:
Amount: $3,500
Source: (Acct. No.! .<:';0/- ~C; / - 5'3c;,.'X /
(Acct. Descriotionl
Art Fund; ng
Finance:
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Council Notes:
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Agenda Item No 17
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CITY OF SAN BERIGRDINO - REQUEST O>>R COUNCIL ACTION
STAFF REPORT
The Metropolitan opera National council AUditions, western
region has been held in San Bernardino at Sturges Center
for the past three years. Under the direction of
Gwendolyn Roberts a long time music and vocal teacher.
Gwendolyn Roberts as the District Director works with
exceptionally talented opera singers from our area as
participants in the Young Artist development program of
the Metropolitan opera Association. .
The Young Artist have the opportunity to meet with
producers and directors for programing vocal concerts with
orchestras and production events for further career
development.
The Grant
expenses
1990.
will pay for the 1990-91 Auditions and related
for the promotion of the event on October 21,
Miss Roberts matches the Fine Arts Grant Award to assist
with other expenses. The . Fine Arts Commission approved
the grant at their meeting of September 21, 1990.
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FINE ARTS COMMISSION
Priday, September 21, 1990
Water Department Board Room
5th Ploor of City Hall
San Bernardino, CA
MEMBERS PRESENT
Dorri. Ballard
Erne.t. Garcia
C. Dale Jenk.
Harry Murray
Barry Silver
Richard Simon
MEMBERS ABSENT
Sylvia Cichocki
Frank Lindqren (Excu.ed)
Esther Mata
OTHERS ABSENT
Thelma Pre.. (Excu.ed)
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CAT.T.1m TO ORDER
Chairman Barry Silver called the meeting to order at 4:15
p.a.
GRANT INTERVIEWS
The pine Art. commi..ion met with the following
organization'. repre.entative. (San Bernardino Art
A..ociat.ion, Inland Dance Theatre., Inc., San Bernardino
Valley Community Concert A..ociation, Friend. of the San
Bernardino Public Library., and Broadway Celebrity Play
Serie.) t.o di.cu../review their grant application. in further
detail and for clarification on. certain it... on the
application.
San Bernardino Art A..ocia~ion
SECOND:
By Richard Simon to deny the San Bernardino
Art As.ociation qrant application becau.e the
applicet.ion wa. not complete. The
c~i..ionera .hould allow the organization to
correct the application and re.ubmit it at. a
lat.er date.
By Erne.t Garcia. and approved by the
cOlllllli..ion.
MOTION:
Inland Dance Theatres. Inc.
SECOND:
By Richard Simon t.o approve the Inland Dance
Theatre., Inc. qrant application for the
amount of $20,000.
By Ernest Garcia and approved by the
cOllllllission.
MOTION:
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~'an Bernardino v~v Communitv Concert AssoOtion
SECOND:
By Richard Simon to approve the qrant
application for the amount of $15,000.
By Ernest Garcia and approved by the
commission.
MOTION:
Friends of the San Bernardino Public Librarv
SECOND:
By Richard Simon for the commission to approve
the grant application for the amount of
$5,000. However the commission will monitor
the Friends of the San Bernardino Public
Library's advertising system, programming, and
public attendance for future reference.
Ernest Garcia and approved by the commission
with C. Dale Jenks abstaining.
MOTION:
Broadwav cel&britv 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 Ernest Garcia and approved by the
commission with C. Dale Jenks abstaining.
MOTION:
OTHER BUSINESS
The commissioners finalized their tentative recommendations
made at the meeting held on TUesday, Septelllber 11, 1990:
METROPOLITAN OPED AUDITIONS: Recommend approval of qrant
application in the amount'of $3,500.
STURGES THEATRE GROUP: Deny approval of grant application as
requested for the amount of $16,150.
PRIME TIME CHORALIERS: Recommend approval
application in the amount of $2,200.
STURGES FOUNDATION: Deny approval of grant application as
requested for the amount of $21,000.
of grant
INLAND MASTER CHORALE: Recommend approval
application in the amount of $2,500.
NATIONAL COUNCIL OF NEGRO WOMEN, INC.: Recommend approval of
grant application in the amount of $4,000.
of qrant
SINFONIA MEXlCANA, INLAND EMPIRE OPED ALLIANCE, and INLAND
EMPIRE SYMPHONY ASSOCIATION: Recommend to approve a total
sum in the amount of $70,000 to the symphony'S general fund
for distribution of the monies to the aforementioned qroups
by the symphony's' Board of Directors.
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J(O'1'ION:
By Richard Simon to approve the atorementioned
recommendations as stated by the commission.
SECOND:
By Ernest
commission.
Garcia
and approved
by the
ADJOURNMENT
The meeting adjourned at 6:15 p.m. The next Fine Arts
Commission me.ting will be held ~ri4ay, october 12, 1"0,
4100 p..., in tbe MaDag..ent Inforaation Center (K%Q Roo.),
located on tbe sixtb floor ot city .all, SaD .ernardino, ca.
:qjr
9/27/90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH METROPOLITAN OPERA NATIONAL
COUNCIL AUDITIONS WESTERN REGION 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 Metropolitan opera National council
Auditions Western Region 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
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1991, by the following vote,
day of
to wit:
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RESOLUTION ~ THE CITY OF SAN BE~INO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH METROPOLITAN OPERA NATIONAL
COUNCIL AUDITIONS WESTERN REGION FOR THE PROMOTION OF ARTS AND
CULTURE.
3 COUNCIL MEMBERS:
4 ESTRADA
5 REILLY
6 HERNANDEZ
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
Mn
BAn
ABSTAIN
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City Clerk
The foreqoinq resolution is hereby approved this ____ day
, 1991.
W. R. "Bob" Holcomb, Mayor
City of San Bernardino
Approved as to
form and leqal content:
JAMES F. PENMAN,
city Attorney
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City",
and Metropolitan Opera National Council Auditions Western
Region 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. Pavment. Upon presentation of a claim to the City
Finance Director, City shall pay to organization from the
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budget for the 1990-91 fiscal year, the total sum of three
thousand five hundred 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. Accountina. 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.
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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. Termination. 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
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 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. Assianment. Organization shall not assign its
interest in this Agreement without the prior written approval
of City.
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, commissions, 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
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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 occurrence.
(c)
Workers
compensation.
organization
shall
provide workers compensation insurance in the amount required
by state law if the funds provided hereunder are to be paid as
salary to any employee of organization.
organization shall
require that all rights of subrogation under such policy of
workers compensation insurance shall be waived as to city.
City shall be set forth as an additional named
insured in each policy of insurance provided hereunder.
9. organization hereby convenants that it has taken all
actions necessary to make the adherence to the obligations
imposed by this
organization.
agreement a
binding obligation of the
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
As to organization:
Metropolitan opera National
Council Auditions
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300 North "0" street Western Region
San Bernardino, CA 92418 Attention: Gwendolyn Roberts
1898 Genevieve street
San Bernardino, CA 92405
11.
Entire Aareement.
or instruments attached hereto or referred to herein
This Agreement and any documents
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 such document or
instrument, the terms and conditions of this Agreement
shall prevail.
DATED:
ATTEST:
city Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
city A orney
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CITY OF SAN BERNARDINO
Organization