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HomeMy WebLinkAbout20-Mayor's Office CITY OF SAN BEROARDINO - REQUEST'OoR COUNCIL ACTION From: Thelma Press, Liaison for the Fine Arts Commission Mayor's Office Subject: Recommendation by the Fi ne Arts Commi ss i on to grant $80,000 to the Inland Emoire Symphony , Dept: Date: 8/20/91 Synopsis of Previous Council action: 3/25/91 - Ways and Means Committee approved the request for funding assistance from Inland Empire Symphony Aesociation in the amount of $80,000 4/15/91 - The Mayor and Common Council approved the funding of $80,000 and directed the Finance Director to prepare the necessary agreement authorizing the use of the funds. Recommended motion: Adopt resolution. W,L.l JIr/ ~ Signature Contact person: Thelma Press Supporting data attached: Yes Phone: ~y+ ~"4 Ward: FUNDING REQUIREMENTS: Amount: $80,000 Source: (Acct. No.) DO\-O<'\\- S-:\~"t1 (Acct. DescriDtion) Art Funding Finance: Cw~ O~ Council Notes: .,<;:_n?l".? Agenda Item NO~ CITY OF SAN BEFOARDINO - REQUES100R COUNCIL ACTION STAFF REPORT The San Bernardino Inland Empire symphony Association is a very professional organization with an outstanding symphony Orchestra which enhances the image of San Bernardino. This symphony association has provided quality entertainment, created a positive impact on economic development and presented an excellent subscription series, and elementary school music programs. The San Bernardino Inland Empire Symphony this year has submitted the following grant request. $65,000 for the symphony $10,000 for the Inland Empire Alliance opera $20,000 for the sinfonia Mexicana $95,000 Total The Symphony serves as the umbrella organization for the two latter groups. The Ooera Alliance A request for $10,000 to present a performance of Donezetti's "Lucia di Lammermoor" by the San Francisco Company, scheduled for January 31, 1991. Funds will 'be used specifically for artistic and promotional expenses. This presentation will represent the only time a fully staged opera will be presented in San Bernardino. The prior operas presented here were during World War II when the Sun Telegram sponsored Operas featuring Italian prisoners of war encamped in nearby facilities. In 1987 the San Francisco Opera presented "La Boheme" under the auspices of the Arrowhead Opera Institute, now known as the Inland Empire opera Alliance. In 1988 "Don Pasquale" and in 1989 "Madame Butterfly" were presented. In addition to the traditional roles of selling tickets and raising funds, the Alliance has created an organization of opera enthusiasts who are assuming responsibility for a series of activities including: I , Opera Prologues - a series of' lecture demonstrations prior to the opening of each annual production held at several locations throughout the County. Distinguished lecturers will discuss the composer, back-stage activities and libretto. 75-0264 CITY OF SAN BEICARDINO - REQUES'O'OR COUNCIL ACTION STAFF REPORT Opera Trips preceded by educational seminars, excursions to see productions of other California opera companies will be offered. Opera Clubs - such as "The Young Bohemians" to involve young adult students and professionals in the Inland Empire opera Alliance. Numerous social service and educational events will be sponsored. The Inland Empire Opera Alliance is committed that opera, one of the greatest of art forms, remains an integral part of the quality of Bernardino. to insuring becomes and life in San The Sinfonia Mexicana, is now in its sixth year and has fostered a greater appreciation of Mexico's significant contribution to the world of symphonic music and, in doing so, has enhanced intercultural understanding. Sinfonia Mexicana has gained international, recognition in recent months and is considered by the California Arts Council to be a model program. l It has generated so much international goodwill that the Mexican Government now provides financial assistance by underwriting the cost of acquiring music, printing program books, posters and providing air transportation for dignitaries attending the concert. This event is a valuable contribution in raising the cultural horizons of the region and proves that groups from diverse heritages can work successfully together. This year in addition to the Sinfonia Mexicana concert, a matinee performance, and a juried art show featuring hispanic artists is scheduled. The Inland Empire opera Alliance and the Sinfonia Mexicana share resources such as office space, box office support, computer equipment, professional 'services, and volunteer support with the Inland Empire Symphony. i This partnership allows for increased cost effectiveness and the professional support provided by the Symphony ensures the success of both groups. The total amount requested by the Symphony is $95,000. The Fine Arts Commission granted $80,000 in total at the commission meeting held on September 21, 1990. \ \, 75-0264 1 2 3 4 5 6 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY 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 the Inland Empire symphony Association a 9 copy of which is attached hereto, marked Exhibit "A" and 10 incorporated herein by reference as fully as though set forth 11 at length. 12 SECTION 2. The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the.. 14 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, 20 to wit: day of 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 o o RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. COUNCIL MEMBERS: ESTRADA AYES REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER ~ ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this day of Approved as to form and legal content: JAMES F. PENMAN City Attorney BY: }~~ 1- IL City Attorney , 1991. W. R. Holcomb, Mayor City of San Bernardino 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 the Inland Empire Symphony 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 in 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 the total sum -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 28 of eighty ~usand dollars ($80,000),~ cover the costs per the Fine Arts grant application agreement. It is understood that payment by the City to the Inland Empire Symphony shall be made after July 1, 1991; and as mutually agreed to by the City Administrator and the Inland Empire Symphony Association. 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. 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 -2- 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 funds paid<=lreunder and all operatio~under this agreement. 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, organization 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 -3- 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 agents or ~ anyone directly or ind~ctlY 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 any one 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 binding obligation of the organization. 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 300 North "0" Street San Bernardino, CA 92418 As to Organization: Inland Empire Symphony Assoc. Attn: Susan Feller 362 W. Court San Bernardino, CA 92401 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: 18 19 20 21 22 AGREEMENT o INLAND EMPIRE SYMPHONyaOCIATION 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 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. 12. Non-Discrimination. Organization agrees that for the term of this Agreement it shall not discriminate in employment, recruitment, hiring, admission practices, advertising or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: CITY OF SAN BERNARDINO City Clerk Organization 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN City Attorney 26 27 28 /I&~ -5-