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CITY OF SAN BERORDINO -
REQUEST ()R COUNCIL ACTION
From: Thelma Press, Liaison, Mayor
& Council
Su~ect: Recommendation by the Fine Arts Commission
to grant to Prime Time Choraliers $2,200
Dept:
Date: October 12, 1990
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
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Signature
Contact person: Thelma Press
Supporting data attached: Yes
Phone: ext. 5114
Ward:
FUNDING REQUIREMENTS:
Amount: $2. AlO
Source: (Acct. No.1 ml-P<1I-.~1
(Acct. DescriDtionl Art Funding
Finance:
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Council Notes:
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Agenda Item No-1L-
CI1':V OF SAN BERNODINO - REQUEST POI COUNCIL ACTION
STAFF REPORT
Prime Time Choraliers is a volunteer choral group comprised
of 50 seniors. Many of them retired music and vocal teachers
from our City who wish to continue their growth in musical
excellence.
The Prime Time Choraliers have recently donated their
services as a group to the Parks and Recreation and Human
Services Department.
These seniors strive for real musical progress, enforcement
and self esteem. They give their time to perform for service
clubs, civic functions, schools and medical institutions.
The Fine Arts Commission approved the grant of $2,125.00 on
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
Dorria 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.1P.O TO ORDER
Chairman Barry Silver called the meeting to order at 4:15
p...
GRANT INTERVJ:EWS
The Pine Art. COlDlDi..ion met with the following
organization'. repre.entative. (San Bernardino Art
A..ociation, Inland Dance Theatre., Inc., San Bernardino
Valley cOlDlDunity Concert A..ociation, Friend. of the San
Bernardino Pul:Ilic Library, and Broadway Celebrity Play
serie.) to di.cu../review their qrant application. in further
detail and for clarification on. certain ite.. on the
application.
San Bernardino ~ As.ociation
SECOND:
By Richard Simon to deny the San Bernardino
Art As.ociation qrant application becau.e the
application was not complete. The
comai..ioner. .hould allow the organization to
correct the application and re.ubmit it at a
later date.
By Erne.t Garcia and approved by the
cOlDlDi..ion.
MOTION:
Inland Dance Th.a~r.s. Inc.
MOTION:
By Richard simon to approve the Inland Dance
Theatres, Inc. grant application for the
amount of $20,000.
SECOND:
By Ernest
cOlDlDission.
Garcia and approved by the
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Bernardino v~ev Community Concert Asso~tion
~an
MOTION:
By Richard Silllon to approve the qrant
application for the amount of $15,000.
SECOND:
By Ernest Garcia
commission.
and
approved
by
the
Friends of the San Bernardino Public Librarv
SECOND:
By Richard Simon for the commission 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 systelll, proqramminq, and
public attendance for future reference.
Ernest Garcia and approved by the commission
with C. Dale Jenks abstaininq.
MOTION:
Broadway Celebrity Play Series
SECOND:
By Richard Silllon for the cOllllllission 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 abstaininq.
MOTION:
OTHER BUSINESS
The commissioners finalized their tentative recommendations
made at the meetinq held on Tuesday, September 11, 1990:
METROPOLITAN OPERA AUDITIONS: RecOllllllend approval of qrant
application in the amount,' of $3,500.
STURGES THEATRE GROUP: Deny approval of qrant application as
requested for the alllount of $16,150.
PRIME TIME CHORALIERS: Recommend
application in the alllount of $2,200.
STURGES FOUNDATION: Deny approval of qrant application as
requested for the amount of $21,000.
approval
of
qrant
INLAND MASTER CHORALE: Recommend approval
application in the amount of $2,500.
NATIONAL COUNCIL OF NEGRO WOMEN, INC.: Recommend approval of
qrant application in the amount of $4,000.
of
qrant
SINFONIA MEXICANA, INLAND EMPIRE OPERA ALLIANCE, and INLAND
EMPIRE SYMPHONY ASSOCIATION: RecOllllllend to approve a total
SUIII in the amount of $70,000 to the symphony'S qeneral fund
for distribution of the lIIonies to the afor8lllentioned qroups
by the symphonY's'Board of Directors. '
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J(O'1'ION:
By Richard Silllon to approve the afor..entioned
recollllllendations a. .tated by the cOllllllis.ion.
SECOND:
By Erne.t
cOllllllission,
Garcia
and approved
by the
ADJOURNMEH'l'
The lIIeetinq adjourned at 6:15 p.lII. The next Fine Art.
COlllllli..ion lIIeetinq will be held ~riday, October 12, 1990,
4100 p..., iD the KaDaq..eDt IDformatiOD CeDter (HIC ROOIII),
located OD the .izth floor of City Ball, BaD .erDardiDO, 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 THE PRIME TIME CHORALIERS 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 Prime Time Choraliers 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:
COUNCIL MEMBERS:
ESTRADA
REILLY
HERNANDEZ
AnS.
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ABSTAIN
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
city Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR
THE PROMOTION OF ARTS AND CULTURE.
of
The foregoing resolution is hereby approved this ____ day
, 1991.
W. R. "Bob" Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal 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 Prime Time Chora1iers 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 choral 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
Finance Director, City shall pay to organization from
budget for the 1990-91 fiscal year, the total sum of two
City
the
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thousand two 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. 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.
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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 agreement a
organization.
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:
Prime Time Choraliers
Attn: Mildred T. Marshall
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300 North "0" street
San Bernardino, CA 92418
547 N. Sierra Way
San Bernardino, CA 92401
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
such document or instrument, the terms and conditions of this
Agreement shall prevail.
DATED:
CITY OF SAN BERNARDINO
ATTEST:
City Clerk
Organization
Approved as to form
and legal content:
JAMES F. PENMAN,
City ttorney