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CITY OF SAN BERN(jIDINO - REQUEST fC)R COUNCIL ACTION
From:
Thelma Press, Liaison
Mayor and Council
Office of the Mayor
Subject: Recommendation by.the Fine Arts Commission
to grant $1,565.00 to the Inland Master
Chorale.
Dept:
Date: November 1, 1991
Synopsis of Previous Council action:
6-3-91 Approved Resolution No. 91-192.
Recommended motion:
Adopt resolution.
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Signature
Contact person: Thelma Press
Phone: ext. 5114
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $1,565.00
Source: IAcct. No.)
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IAcct. DescriPtion)
Finance:
eLl. \ .Dr--
Council Notes:
75.0262
Agenda I tem No
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CITY OF SAN BERNQlDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
Inland Master Chorale is one of the finest vocal groups in our City
and can be compared to the well known Roger Wayne Chorale.
The Inland Master Chorale has generated alternate funding to
supplement their productions costs as evidenced by the small
request of Commission funds for their programming costs.
The Fine Arts Commission at the October 8, 1991 meeting approved
the amount of $1,565.00
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR THE
PROMOTION OF ARTS AND CULTURE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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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 Inland Master Chorale a copy of which
9 is attached hereto, marked Exhibit "A" and incorporated herein
10 by reference as fully as though set forth at length.
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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referenced agreement is rescinded if the parties to the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
day of
, 1991, by the following vote, to
wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR THE
PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
AYES
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ABSTAIN ABSENl'
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
city Clerk
The foregoing resolution is hereby approved this
day of , 1991.
Approved as to
form and legal content:
W. R. "Bob" HolCOmb, Mayor
City of San Bernardino
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
Inland Master Chorale, 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 1991-92, 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 art 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
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Finance Director, city shall pay to Organization from the
budget for the 1991-92 fiscal year, the total sum of one
thousand five hundred sixty five dollars, to cover the costs
per the Fine Arts grant application agreement.
3. Use of Funds. The funds paid to Organization
shall be used solely 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, 1992, 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, 1992. 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
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employees and agents from all liabilities and charges,
expenses (including counsel fees), suits or losses however
occurring, or damages arising or growing out of the use or
receipt of the funds paid hereunder and all operations 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
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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 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.
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9.
Obliaation.
Organization hereby covenants 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 "D" Street
San Bernardino, CA 92401
As to Organization:
11. Entire Aareement.
Inland Master Chorale
Attn: Gary E. Gaut
P.O. Box 8191
San Bernardino, CA 92412
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,
admission practices,
hiring,
advertising or in any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND INLAND MASTER
2 CHORALE.
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ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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CITY OF SAN BERNARDINO
W. R. "Bob" Holcomb, Mayor
ORGANIZATION
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Fine Arts CommisSion
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Or~an;zat~Grant Apolication Form
For PerfoV9 l\rts
I. Applicant Organization (Name, Address,'
etc.)
Inland Master Chorale
P.O. Box 8191
San Bernardino, CA 92412
II. Contact Person Garv. E. Gaut
Title--Fllndltna " " Phone 382-4423
Coordinator
III. Program Category Under Which Support
is Requested: Kusic
Phone 882-5113
CA State Non-Prof.'i t ID l' I
Number of Years tn Exist,-nce
@
IV. Period of Support Requested
June 5,1992 thru June 6, 1992
Starting Ending
144
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V. Summary of Category Descriptions A well designed concert~6f choral "popular" '"
at Sturges AUditorium on June 6,1992 with selections aimed at senior citizeil~
and current students of choral music,"bUt also appealing to all patrons of
good chor~l music.
VI. Estimated number of pers~~s expected to benefit from this program/project: ~nn
a) Number of persons by paid attendance: 275
b) Number of persons by free or complimentary admission: 2J;
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VII. Need Statement: With the advent of rock music and highly 'amplified and
electronic sound systems, there are few groups who offer senior citizens
and cUrtentstudents the opportunity to enjoy the"wondefful sounds of
pureliegltimate voices in a stage setting. This is not available throuahoth@r
\rf11 ~ Ni~t;~'d~ Res~1ts :Provide eoncert attendees with a relaxing evening of
light and wonderful choral music composed by perhaps some of the more famous
popular music composers. Expected audience of 300 at this single performance
will be the general public of San Bernardino.
IX. Summary of Estimated Costs:
A. Direct Costs
Salaries & ~ages " . )
Supplies & Materials (MIlSI1:) ~:.#I'1;) e1c.
~~:~~\ssests/Rentals or Lease~ t~~ ~e/.I'W)
Fees & Other(Rt-~.\.., ~ o+l.c....IllIfC.~TOTAL DIRECT COS7S
TOTAL PROJECT COSTS
B.
1;'1C; nn
Indirect Costs
TOTAL COSTS OF PROJECT
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S
1A1c;, nn
?''7c;. nn
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t:;c;.n nn
nn
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X.
Organization' Anticipated Funding/Expenses:
A. Expenses
B. Revenues, Grants, Contributions, etc.
Actual Most Recent
Fi st'a I Peri od
S 5215.00
S 3650.00
Estimated This
Fiscal Period
S 5215.00
S 3650.00
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XI.
Total
NOTE:
Amount Requested From San Bernardino
Amount Requested S
Plus total revenues, S
grants, contributions,etc.
Must equal total project S
costs above. .
City Fine Arts
1565.00
3650.00
5215.00
COll'll1ission:
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XII.
CERTIFICATION:
Project Offi cer
Phone Number
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Title Fundinq Coordinator
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PROJECT BUDGET
Concert: "Night at the Pops"
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Expenses:
Rehearsals: pianist @ $66.00
Director @ $99.00
Performance: Pianist @ $66.00
Director @ $99.00
Publicity/Printing (Tickets, Programs, Flyers, etc.)
Music Purchase
Facility Rental
Concert Recording
Miscellaneous
Total Project Expenses
Income:
Prorated Season Ticket Sales
Concert Ticket Sales
Donations/Grants
Total Income
Project Loss
$660.00
990.00
66.00
99.00
625.00
1600.00
650.00
375.00
150.00
$5215.00
$400.00
2700.00
550.00
rff)
$3650.00 @
($1565.00) ~
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'STATE OF CA~IFORNIA
FRANCHISE TAX BOARD
SACRAME"TO. CALIFORNIA 95867
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April 22. 1981
In reply reier to
31111:ST'mh:g
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Inland Choral Music Education. Inc.
17911 Sonora
San Bernardino. CA 9211011
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Purpose
FO:l:II oi O:l:ganizatio"
A~~ountin, Peziod !"~in=1
Ozganization HUII])e:l:" I
I Educational
CO:l:pozation
On the ])asis, of the infozmation sU])lIitted.and p:l:ovided youz pzesent
operations contJ.nue unchanlJed 0:1: coniozm to those proposed in your
application, you aze exempt from state f:l:anchise or income tax undez
Section 23701d, Revenue and Taxation Code. Any change in ope:l:ation,
characte:l: or purpose oi the o:l:ganization must ])e reported immediately
to this oiiice so that we may deterlline the efiect on your exellpt
status. Any change of name 0:1: address also must ])e reported.
You are requi:l:ea to file Form 199 (Exempt Organization Annual
Iniormation aet\lrn) oz Form 199B (Exempt Organization Annual
Iniormation Sta~ement) on 0:1: ])eio:l:e the 15th day oi the 5th month (II
1/2 months) aitez the close oi youz accounting period. See annual
instructions with forms ior ,requirements.
You are not requi:l:ed to iile state franchise or income tax returns
unless you have incolle subject to the un:l:elated business income tax
under Section' 23731 of the Code. In this event, you are required to
file Form 109 (Exempt Organization Business Income Tax aeturn) ])y the
15th day of the 3rd month (2 1/2 months) after the close of your
annual accounting period.
Ii the o~=ani2ation is incorpo~atinlJ, this apP:l:oval will expire ur-le.s
incorporation is completed with the Secretary of State within 60 days.
Exemption from federal income or other taxes and other state taxes
requires separate applications.
aobert Lute, Manager
Exempt Organization Section
Telephone (800) 852-5711
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cc: Kenneth E. Skousen
Secretary oi State
Registrar oi Charita])le Trusts
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,r.H.::r fliil ne\'enue ~ervlce
District Director
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Department of the Trea:.ury
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1983
Our LOller D.lecI:
April 2, 1982
.......n ID Contlct:
T..Ciolek
Cantoct T.lepllDne Hum..."
(213) 688-4152
I> Inland Choral Music Education. Inc.
924 Eastwood Street
Redlands, CA 92373.
Gentlemen:
This modities our letter ot the above date in which we .stated that
you would be treated as an organization which is not a private foundation
until.. the expiration ot your advance ruling period.
Based on the information you submitted, we have determined that you
are not a pri.ate toundation within the. meaning ot section 509(a) of the
Iniernal Revenue Code, because you are _an organization of the type described
in section 509(a)(1)** Your exempt status under section 501Ic)(3) of the
code is still in ettect.
.
Crantors and contributors may rely .on this determination until the
Internal Revenue Service publiShes notice to the contrary. However, a
grantor or a contributor may not rely on this determination it he or she was
in part responsible for. or was aware ot. the act or tailure to act that
resulted in your loss ot section 509(a)(1)** status, or acquired
knowledge that the Internal Revenue Service had given notice that you would
be removed trom clasSification as a section 509(a)(1)** organization.
Because this letter could help resolve any questions about your private
foundation status. please keep it in your permanent records. .
If you have any questions, please contact the person whose name and
telephone number are shown above.
Sincerely yours.
t<.; kJ &.I--f c.L(
District Director
** and section 170(b)(1)(A)(vi).
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P.O. BOll 2350, Los Angeles, Calif. 90053
Leller 1050 (00'
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