Loading...
HomeMy WebLinkAbout30-Mayor CITY OF SAN BERNARDINO - REQUEST ...OR COUNCIL ACTION From: Thelma Press, Liaison Mayor & Council Mayor's Office Su~ect: Recommendation by Fine Arts Commission a Grant to the Civic Light Opera Association - $14,000 Dept: Date: June 28, 1988 4 Synopsis of Previous Council action: Recommended motion: Adopt Resolution. ;;UR~~"/~ Signature Contact person: Thelma Press Phone: 5114 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: ,~( b () 0 Source: (Acct. No.) 06 l t>"\ \ S3('C>> (Acct. DescriPtion) Finance: ~~ Council Notes: AOEmda Item NO_~' 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT 3 OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is 6 hereby authorized and directed to execute on behalf of said City 7 8 9 an Agreement with the San Bernardino Civic Light Opera Association for the promotion of arts and culture, a copy of which is attached hereto, marked Exhibit "A" and incorporated 10 11 12 herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 13 Bernardino at a meeting thereof, held on 14 the day of , 1988, by the 15 following vote, to wit: 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NAYS: ABSENT: City Clerk -1- 1 2 of 3 4 5 The foregoing resolution is hereby approved this day , 1988. EVLYN WILCOX, Mayor City of San Bernardino Approved as to form 6 and legal content: 7 /) ," / 8 C. y 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 AGREEMENT (Fine Arts Funding) THIS AGREEMENT is entered into between the CITY OF SAN 6 SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION, a non-profit 7 8 9 organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance 10 from City for the fiscal year 1988-1989, in order to assist in 11 12 defraying the expense of certain concerts, shows, festivals or 13 events or activities sponsored by Organization as set forth in Organization's grant proposal (hereinafter "the proposal") 14 15 approved by the Fine Arts Commission of the City, a copy of which 16 proposal is on file in the Office of Cultural Affairs. The terms 17 of the proposal are incorporated herein by reference and shall 18 govern the uses of the funds provided herein. The financial 19 assistance provided for in this agreement is made on a one-time 20 only basis, and receipt of said funds shall not imply a 21 continuing obligation of the City beyond the terms of this 22 Agreement. 23 B. The expenditure is for a valid municipal public 24 purpose, to wit: for the promotion of arts and culture, as more 25 fully set forth in the proposal submitted by Organization. 2. Payment. Upon presentation of a claim to the City 26 27 Finance Director, City shall pay to Organization from the budget 28 for the 1988-1989 fiscal year, the total sum of FOURTEEN THOUSAND 1 1 DOLLARS ($14,000.00) at such time or times and in such periodic 2 amounts as determined by the City Administrator and Finance 3 Director of the City, consistent with the grant proposal 4 approved by the Fine Arts Commission. 5 3. Use of Funds. The funds paid to Organization shall be 6 used solely for the purposes set forth in paragraph 1 and in 7 strict compliance with the provisions set forth in the proposal. 8 No deviation from the proposal shall be made without the express 9 approval of the City of San Bernardino. Said funds shall be 10 expended by June 30, 1989, and any unexpended funds shall be 11 returned to City by Organization. 12 4. Accounting. At such time or times as may be requested 13 by the City Administrator or Director of Finance of City, 14 Organization shall submit to the City Administrator, with a copy 15 to the Director of Finance and the San Bernardino Fine Arts 16 Commission, an accounting of the proposed and actual expenditures 17 of all revenues accruing to the Organization for the fiscal year 18 ending June 30, 1989. Financial records shall be maintained in 19 accordance with generally accepted accounting principles by 20 Organization in such a manner as to permit City to easily trace 21 the expenditures of the funds. All books and records of 22 Organization are to be kept open for inspection at any time 23 during the business day by the City or its officers or agents. 24 5. Hold Harmless. Organization covenants and agrees to 25 indemnify and save harmless the City and its employees and agents 26 from all liabilities and charges, expenses (including counsel 27 fees), suits or losses however occurring, or damages arising or 28 2 1 growing out of the use or receipt of the funds paid hereunder and 2 all operations under this agreement. Payments hereunder are made 3 with the understanding that the City is not involved in the 4 performance of services or other activities of Organization. 5 Organization and its employees and agents are independent 6 contractors and are not employees or agents of the City in 7 performing said services. 8 6. Termination. City shall have the right to terminate 9 this Agreement and any funding remaining unpaid hereunder for any 10 reason by mailing a ten-day written notice to Organization and 11 this agreement shall terminate ten days after the mailing of such 12 notice. In the event this Agreement is terminated for reasons of 13 improper use of funds or use of funds for any purpose other than 14 those authorized, any unexpended portion of the funds provided by 15 City shall be returned to City. In addition, Organization shall 16 reimburse to City any funds expended which were used for any 17 purposes other than those authorized under this Agreement. 18 7. Assignment. Organization shall not assign its interest 19 in this Agreement without the prior written approval of City. 20 8. Insurance. Organization shall take out and maintain 21 during the life of this Agreement such public liability and 22 property damage insurance as shall insure City, its elective and 23 appointive boards, commissions, officers, agents and employees, 24 Permittee and its agents performing acts covered by this 25 greement from claims for damages for personal injury, including 26 death, as well as from claims for property damage which may arise 27 from Organization's or its agents' operations hereunder, whether 28 3 1 such operations be by Organization or. its agents or by anyone 2 directly or indirectly employed by either Organization of its 3 agents, and the amounts of such insurance shall be as follows: 4 (a) Public Liability Insurance. In an amount 5 not less than $100,000 for injuries, including, but not limited 6 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 anyone occurrence1 9 (b) Property Damage Insurance. In an amount 10 of not less than $50,000 for damage to the property of each 11 person on account of anyone occurrence. 12 9. Entire Agreement. This Agreement and any documents or 13 instruments attached hereto or referred to herein integrate all 14 terms and conditions mentioned herein or incidental hereto, and 15 supersede all negotiations and prior writing in respect to the 16 subject matter hereof. In the event of conflict between the 17 terms, conditions or provisions of this Agreement, and any such 18 documents or instrument, the terms and conditions of this 19 Agreement shall prevail. 20 10. Notices. All notices herein required shall be in 21 writing and delivered in person or sent by certified mail, 22 postage prepaid, addressed as follows: 23 24 ~ 26 27 28 4 1 2 3 11 12 City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 13 Approved as to form and legal content: 14 15 1 18 19 20 21 22 23 24 25 26 27 28 f! /) I L -1 /J-' ~,.".., "F~ ],.,ty Attorney / - San Bernardino Civic Light Opera Association C. Dale Jenks P.O. Box 606 San Bernardino, CA. 92402 CITY OF SAN BERNARDINO By Evlyn Wilcox, Mayor SAN BERNARDINO CIVIL LIGHT OPERA ASSOCIATION By C. Dale Jenks 5 s.an ~rtW'dlrto City PiM ArtS Commission OR<4ANlZA ~ ~ <4R.ANT APPLIC^ nON FORw . , . I. Applicant OrpniutiGn arne, ~dress, e San Bernardino Civic Light Opera Association P. O. Box 606 San Bernardino, CA 92402 D. Contact Per... C. Dale Jenks Tide General Manager Phone(714) 882-2545 Phone (714) 882-2545 CA State Non-Profit 10' 0222141 Number ot Yues in Existence 42 III m. Proaram <:.1tepy Under Which Support it Requesteda Music w:-1;iod of Support Requested ~Qust. 1988 . tMtina) thru July. 1989 ~ndina) Y. Summary 01. Project Desc:riptiGN See attachment VI. EstilMted number 01. persons expected to benetit from dUa prolfam/projectl 14,boo a) Nwnber of persons by paid anencances All . b) Number of penons by free or compUmentary admissiona Very few, only for promotion YD. Need s'Catemenc See attachment VUI. Intended ResulU: See Attachment IX. Summary 01 Estimated Casts: See attachment 1\. Direct Cosu Salaries and wages Supplies ~ Ma ter i.als Travel Fixed Assets/Rentals or 'Leases Fees and Other TOTAL COSTS OF PROJECT ~ B. Indirect Cosu TOTAL DIRECT COSTS TOT AL PROJECT COSTS j X. Organiz.atiGn anticipAted f&.ndin&lexpenJeS See sununary IX 1\. Expenses B. Revenues, Granu, Contributions, etc.. Actual Most Recent F isc:aJ Period $ $ Estimated This Fiscal Period $ $ Xl. Tota! amount requested from San Bem&rdino City Fine I\ru Commission NOTE: AmOUlt Requested $ See Sununary IX Plus total revenues, $ 'granu, contributions, etc.. Must equal total project $ cosu above ... xu. CER TlfICA nONs Project Officer Title ....-.....-. 8an /3e/lna/l/tito Citll~ L'9hl ((}pe/la vlssotialion 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAIl.ING ADDRESS P.D BOX 606. SAN BERNARDINO. CAl.IFORNIA 92402 TEl.EPHONE: AREA CODE (714) 112-2545 OR 125-9452 RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission v. Summary of Project Description The San Bernardino Civic Light Opera Association recognizes the need for additional special, high caliber events for the benefit of all of the people of this area and especially being in concert with the development of the downtown area, Le., "Hain Street" goals. It has been requested by many merchants and individuals that the Association present a series of "Celebrity Concerts,1I --...throughout the calendar year. These four events (we are proposing) will be such as: Debbie Reynolds and Donald O'Connor, The New Dave Brubeck Quartet, Leslie Uggams, Trini Lopez, The Rhythm Kings, Chet Atkins, Los Lohos, Hitzi Gaynor, Big Bands, etc. Ganl3/AnaA/in(} Civic Li9h1 {()j;/Aa vfs8{}dali(}n 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAIl.ING ADDRESS, P.O. BOX 606. SAN BERNARDINO. CALIFORNIA 9Z.0Z TEl.EPHONE: AREA CODE (7ul IIZ-Z5.5 OR IZ5-9.5Z RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission VII. Need Statement: This series coupled with all of the other events. such as the Inland Empire Symphony Association. San Bernardino Valley Community Concert Association and San Bernardino Civic Light Opera Association will play an important part in making a marked improvement in the cultural complexion of San Bernardino. Gan Bd/Jna/JltiJo Civic LI9hl (()pd/Ja (;#Ssocialion 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAILING ADDRESS: P.O. BOX 606, SAN BERNARDINO, CALIFORNIA 92"02 TELEPHONE: AREA CODE (714) 882-2545 OR 825-9452 RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission VIII. Intended Results The intended results are to create a more and varied musical menu for San Bernardino audiences which in turn benefits the City of San Bernardino through attendance from tourists at hotels and people coming to this city and its environs. 8an 13eAnaAltilo Civic L'9h1 (!}peAa #Ssocialion 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAILING ADDRESS, P.O. BOX 606. SAN BERNARDINO. CALIFORNIA 92402 TELEPHONE: AREA CODE (7141 112-2545 OR 125-9452 RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission IX. Summary of Estimated Costs FINANCIAL SUMMARY OF THIS PROJECT The concerts will be presented at the California Theatre of Performing Arts and will be under the control and produced by San Bernardino Civic Light Opera Association. These celebrity concerts will cost approximately $20.000.00 for each artist and can be more for added performances in one day. The Association (except for the Wurlitzer Organ Rehab- ilitation at the California Theatre) has never requested or received any funds from the City of San Bernardino Fine Arts Commission. We are requesting the sum of $20.000.00 to be used as "seed money" to start this project. All other costs will be borne by San Bernardino Civic Light Opera Association this includes all advertising. theatre staff, etc., involved. The total income for four (4) events times two performances each can reach $260.828.00. The San Bernardino Civic Light Opera Association intends to repay the $20,000.00 grant to the Fine Arts Commission from profits so it can be used for other purposes.