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CITY OF SAN BERNARDINO - REQUEST FOR COUN<tIUAO.TIONI" L
Date: August 14,2008
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of an
agreement with the Sinfonia Mexicana for
the promotion of arts and culture.
MICC Meeting Date: September 15, 2008
From: Mayor Patrick J. Morris
Dept: Mayor's Office
Synopsis of Previous Council Action:
November 5, 2007 ~ Resolution # 2007- 432 Council authorized and approved the agreement
and grant in the amount of$52,OOO.
October 16, 2006 ~ Resolution # 2006-365 Council authorized and approved the agreement and
grant in the amount of$54,OOO.
October 17, 2005 ~ Resolution # 2005-354 Council authorized and approved the agreement and
grant in the amount of $60,687.50.
Recommended motion:
Adopt the resolution.
~~
ignature ~
Contact person:
Peggi Hazlett
Phone: 5133
Supporting data attached: SR, reso, and agreement
Ward:
I
FUNDING REQUIREMENTS: Amount: $32,500.00
Source: (Acc!. No.) 001-091-5185
(Acc!. Description) Fine Arts funding
Finance:
Council Notes:
~c::so dO~cf-S 70
7 tV f(}so 'if a 'J //-t flU/Ie (l/e t~J:f'd /l., r (!tnL/I ~/YJe[l}/J I
Agenda Item No. 25"
q.,15 -Of;
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture.
Backl!round:
The deadline for submission for Fine Arts grant applications was July 18, 2008. The
applications and backup materials were sent to the members of the Fine Arts Commission for
review. Oral interviews were held with the grant applicants on August 5, 2008. Commissioners
Cochran and Townsend were absent and Commissioner Martin was absent for the morning
interviews.
Eight organizations submitted applications for the fine arts grants for FY 08/09. Total amount
requested by the eight organizations was $166,796. A total of $133,500 was budgeted for fine
arts in FY 2008/09. The granted amount for the Sinfonia Mexicana is the only grant request that
exceeded the amount of $25,000 subsequently requiring the approval of the Mayor and Common
Council. The balance of the grant agreements will be handled administratively through the City
Manager.
The Fine Arts Commission is charged with making the difficult decision about how to effectively
allocate the limited funds budgeted for the promotion of arts in the City of San Bernardino. A
portion of the grant allocation ($29,000) was held back for future projects in FY 08/09. During
the past year many organizations have submitted requests for funding of projects that came about
after the grant period. The Commission decided to set aside monies to enable the Commission to
deal with such requests. The San Bernardino Black Culture Association did not meet the criteria
outlined in the grant application, and therefore was not funded.
The following is the recommendation of the Fine Arts Commission for FY 08/09:
1.
2.
3.
4.
5.
6.
7.
8.
Black Voice Foundation
Canto Bello Chorale
CSUSB Theatre Department
The Fictitious Theatre Company
Inland Dance Theatres
Junior University
San Bernardino Black Culture Association
Sinfonia Mexicana
Amount
Requested
$ 35,000
$ 7,500
$ 19,350
$ 32,000
$ 20,203
$ 17,000
$ 2,800
$ 48,343
Amount
Approved
$ 5,000
$ 7,000
$ 10,000
$ 15,000
$ 22,000
$ 13,000
$ -0-
$ 32,500
Fiscal Impact:
Grant award in the amount of$32,500 from the Fine Arts fund to Sinfonia Mexicana. Total
funds in the amount of$133,500 were included in the budget for FY 08/09 in account # 001-091-
5185.
Recommendation:
Adopt Resolution.
2
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2
RESOLUTION NO. 2008-370
RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF
SAN BERNARDINO AUHORIZING THE EXECUTION OF AN AGREEMENT WITH
4 THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
3
5 BE IT RESOL V[D BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager of the City of San Bernardino is hereby
8 authorized and directed to execute ou behalf of said City an Agreement with Sinfonia
9 Mexicana, a copy of which is attached marked Exhibit "A" and incorporated herein by
10
reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above reference agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of passage
13
2008-370
1 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 SINFONIA MEXlCANA FOR THE PROMOTION OF ARTS AND CULTURE.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th
6 day of September, 2008, by the following vote, to wit:
7
ABSTAIN ABSENT
Council Members:
AYES
NAYS
x
x
x
x
x
x
x
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~h.~
City Clerk
The foregoing resolution is hereby approved this j,p.'1" day of September, 2008.
~~
City of San Bernardino
Approved as to
23 Form:
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JAMES F. PENMAN,
City Attorney _ _ ~
By" 71.- ~ ~1'f~\ ~-7 /
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Exhibit "A H
AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as .City" and the Sinfonia Mexicana, a non-profit
organization, referred to as .Organization"
The parties agree as follow:
1.
Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2008-09, in
order to assist in defraying the expense of certain
concerts, shows, festivals, 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. IA copy of said proposal is on file in the
Mayor's 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.
QJ< yYltO~~
2. d Payment. lupon presentation of a claim to
the Mayor'o Officel City shall pay to Organization
from the budget for the 2008-09 fiscal year, the
total sum of $32,500.00 dollars, to cover the costs
per 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 agreement. No
deviation from the agreement shall be made without
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2009, and
any unexpended funds shall be returned to City by
Organization.
4. Accounting. Within 20 days after the
completion of the ev~ the Organization shall
submit to the Mayor' ~~h a copy to the
Director of Finance, an accounting of the actual
expenditures connected with said event(s) as it
relates to the funds which were provided by the City.
Financial records shall be maintained in accordance
with generally accepted accounting principles by
Organization in such 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. Failure to submit
the financial records in accordance with this section
will result in the Organization reimbursing the funds
to the City.
L-..--
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the
City of San Bernardino, its elective and appointive
boards, commissions, officers, attorneys, agents and
employees from all liabilities and charges, expenses
(including attorney 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. Organization further warrants that it
has secured all rights and permissions to perform any
works of intellectual property publicly or use any
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
names, marks, or trade names, including any licenses
necessary, to use any intellectual property,
including, but not limited to, any works protected by
state and federal statutory and common law copyright,
right of publicity, and trademark/unfair competition
laws, or any other proprietary rights.
Organization agrees to indemnify, hold harmless, and
defend the City of San Bernardino, including its
employees, contractors, and agents, from and against
any claims or lawsuits, including costs, expenses,
and attorney's fees, that arise or result from any
allegation of intellectual property infringement by
organization.
The costs, salary and expenses of the City Attorney
and members of his office in enforcing this agreement
on behalf of the City shall be considered as
"attorney fees" for the purposes of this paragraph.
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 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 funds provided by City shall be
returned to City. In addition, Organization shall
reimburse to City any funds expended which were used
for any purpose other than those authorized under
this Agreement.
7. Assignment.
assign its interest in
prior written approval
Organization shall not
this Agreement without the
of City.
8. Insurance.
and maintain during the
Organization shall take out
life of this Agreement such
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
public liability and property damage insurance,
naming the City and its elective and appointive
boards, commissions, officers, attorneys, agents and
employees as additional insured by Organization and
its agents performing acts covered by this Agreement
from the claims for personal injury, including death,
as well as from claims for property damage which may
arise from Organization's or its agents' operation
hereunder, whether such operations be by Organization
or its agent 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 that $1,000,000 for injuries, including, but
not limited to, death, to any person, and subject to
the same limit for each person, in an amount not less
than $100,000 on account of anyone occurrence.
(b)
less than
person on
Property Damage Insurance. In an amount not
$50,000 for damage to the property of each
account of an occurrence.
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder
are to be paid as a salary to any employee of
organization. Organization shall provide worker
compensation insurance in the amount required by
state law if the funds provided hereunder are to 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 provide hereunder.
(d) The Certificate of Insurance furnished to
the City shall require the insurer to notify the City
of any change or termination in the policy.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
9. Obligation. 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:
As to Organization:
Mayor's Office
Anthony Bocanegra,
President
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
11. Entire Agreement. This Agreement and any
other 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, and advertising or in any other
manner on the basis of race, color, creed, religion,
national origin, sex, physical handicap, or marital
status.
III
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III
III
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
Date:
Approved as to form:
20 James F. Penman
City Attorney
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By:
CITY OF SAN BERNARDINO
Lori Sassoon, Acting City
Manager
ATTEST:
Rachel G. Clark, City Clerk
SINFONIA MEXICANA
By:
Anthony Bocanegra,
President
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AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as .city" and the sinfonia Mexicana, a non-profit
organization, referred to as .Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2008-09, in
order to assist in defraying the expense of certain
concerts, shows, festivals, 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 said proposal is on file in the
Mayor's 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. Payment. Upon presentation of a claim to
the Mayor's Office, City shall pay to Organization
from the budget for the 2008-09 fiscal year, the
total sum of $32,500.00 dollars, to cover the costs
per 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 agreement. No
deviation from the agreement shall be made without
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2009, and
any unexpended funds shall be returned to City by
Organization.
4. Accounting. Within 20 days after the
completion of the event, the Organization shall
submit to the Mayor's Office, with a copy to the
Director of Finance, an accounting of the actual
expenditures connected with said event(s) as it
relates to the funds which were provided by the City.
Financial records shall be maintained in accordance
with generally accepted accounting principles by
Organization in such 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. Failure to submit
the financial records in accordance with this section
will result in the Organization reimbursing the funds
to the City.
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the
City of San Bernardino, its elective and appointive
boards, commissions, officers, attorneys, agents and
employees from all liabilities and charges, expenses
(including attorney 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. Organization further warrants that it
has secured all rights and permissions to perform any
works of intellectual property publicly or use any
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
names, marks, or trade names, including any licenses
necessary, to use any intellectual property,
including, but not limited to, any works protected by
state and federal statutory and common law copyright,
right of publicity, and trademark/unfair competition
laws, or any other proprietary rights.
Organization agrees to indemnify, hold harmless, and
defend the City of San Bernardino, including its
employees, contractors, and agents, from and against
any claims or lawsuits, including costs, expenses,
and attorney's fees, that arise or result from any
allegation of intellectual property infringement by
organization.
The costs, salary and expenses of the City Attorney
and members of his office in enforcing this agreement
on behalf of the City shall be considered as
"attorney fees. for the purposes of this paragraph.
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 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 funds provided by City shall be
returned to City. In addition, Organization shall
reimburse to City any funds expended which were used
for any purpose other than those authorized under
this Agreement.
7. Assignment.
assign its interest in
prior written approval
Organization shall not
this Agreement without the
of City.
8. Insurance.
and maintain during the
Organization shall take out
life of this Agreement such
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
public liability and property damage insurance,
naming the City and its elective and appointive
boards, commissions, officers, attorneys, agents and
employees as additional insured by Organization and
its agents performing acts covered by this Agreement
from the claims for personal injury, including death,
as well as from claims for property damage which may
arise from Organization's or its agents' operation
hereunder, whether such operations be by Organization
or its agent 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 that $1,000,000 for injuries, including, but
not limited to, death, to any person, and subject to
the same limit for each person, in an amount not less
than $100,000 on account of anyone occurrence.
(b)
less than
person on
Property Damage Insurance. In an amount not
$50,000 for damage to the property of each
account of an occurrence.
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder
are to be paid as a salary to any employee of
organization. Organization shall provide worker
compensation insurance in the amount required by
state law if the funds provided hereunder are to 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 provide hereunder.
(d) The Certificate of Insurance furnished to
the City shall require the insurer to notify the City
of any change or termination in the policy.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
9. Obligation. 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;
As to Organization;
Mayor's Office
Anthony Bocanegra,
President
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
11. Entire Agreement. This Agreement and any
other documents of 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, and advertising or in any other
manner on the basis of race, color, creed, religion,
national origin, sex, physical handicap, or marital
status.
III
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
CITY OF SAN BERNARDINO
Date:
Lori Sassoon, Acting City
Manager
ATTEST:
Rachel G. Clark, City Clerk
SINFONIA MEXICANA
By:
Anthony Bocanegra,
President
Approved as to form:
20 James F. Penman
City Attorney
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VISUAL AND PERFORMING ARTS - GRANT APPLICATION FORM
City of San Bernardino - Fine Arts Commission
1. Applicant Organization (Name, Address, etc.)
Sinfonia Mexicana
562 W. 4th Street
San Bernardino, CA 92401
Telephone No.
Non-Profit 1.D. No.
Number of Years in Existence
909-884-3228
91-2160533
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II.
Contact Person:
Title:
Telephone No.:
Anthonv Bocanegra
Executive Director
909-884-3228
III. Program Category Under Which Support is Requested:
Music
IV.
Period of Support Requested:
From: Ju1v 1. 2007 Through
(Starting)
June 30, 2008
(Ending)
V. Program Description /Need Statement:
Funds received from this grant will support four distinct and exciting concerts
which carry on Sinfonia Mexicana's commitment to interpret Mexican traditions and
enrich the quality of life for members of our community. A small portion is used for
operational expenses. The Program Committee, consisting of eight members, selects the
music genre and artists and Executive Director Anthony Bocanegra coordinates logistics
and negotiates contracts and other program matters. The follow concerts will be
presented during the 2008-2009 season:
On November I, 2008 the "Recuerdos (Remembrance), a Dia de Los Muertos
(Day of the Dead) Celebration" will be held to honor Mexico's great long-ago masters
(musicians, vocalists and composers). Featured are Maestro Jeff Nevin's Symphonic
Mariachi Champana and Ballet Folklorico Flores del Desierto.
The Children's Holiday Program will be presented December 12, 2008 to third,
fourth and fifth grade students from local school districts. The event complements
Sinfonia's objective to provide a culturally enriching experience that will engage students
and instill an appreciation for diverse types of music and dance originating from various
regions of the world.
On December 13, 2008 Sinfonia will present the traditional holiday concert,
"Mariachi Christmas" featuring the all-female group Mariachi Divas and Folklorico
Ollin. In addition to traditional holiday music, the concert will feature mariachi folk
music and folkloric dances from various regions of Mexico.
Negotiations are in progress to present Grammy nominated, and the Nation's
premiere mariachi, Mariachi Sol de Mexico de Jose Hernandez at the annual Concierto
Para Las Madres (Mothers Day concert) on May 2, 2009. Mariachi Sol de Mexico is the
headliner at the Las Vegas yearly Mariachi Festival.
The City of San Bernardino is represented by a diverse community, with
Hispanics listed at 52.9 percent. Hispanics are a young population and very family
oriented. These activities cause appreciation of their culture. It is Sinfonia's mission to
provide a venue by which our community can recognize and celebrate its rich cultural
heritage. Sinfonia is the only community-based organization that produces classical
Hispanic concerts. The musical art is a venue which fosters harmonious co-existence and
understanding of cultural diversity. Sinfonia Mexicana's programs have thrilled and
delighted audiences for 22 years. The concerts are indeed "goodwill ambassadors" and
help to foster community unity through the universal language of music and cultural arts.
There is a need in the local Hispanic community for new audience cultivation to instill a
greater understanding and appreciation of fme classical music, particularly the beautiful
Mexican symphonic compositions, and we see an increase of new audience members
with each succeeding concert.
VI. Estimated number of persons expected to benefit from this
program:
a)
b)
c)
d)
Number of persons paid by attendance:
Number of persons by complimentary admission:
Number of performances scheduled/length of display:
Total attending performance/display:
3.500
2.500
4
6.000
2
VII. Intended Results:
Sinfonia's four motivating programs will impact approximately 6,000 persons. The
grant from the City of San Bernardino Fine Arts Commission helps to keep ticket prices
affordable, however, there are still citizens in our community that do not have the
financial resources to enjoy these concerts. Sinfonia recognizes the need to bring our rich
cultural heritage to all members of the community. Sinfonia plans to provide discounted
tickets to senior residents in our community. There are five senior housing facilities in a
one mile radius of the California Theatre of the Performing Arts. By providing
discounted tickets we hope to attract a larger number of these seniors. We inform the San
Bernardino Police Department of our concerts and request extra surveillance during these
events. Without affordable prices and extra security measures, this aging population is a
virtual prisoner in their living facilities. Also, Sinfonia will continue to outreach to local
city schools to identify and encourage youth to appreciate their rich heritage and to
experience the richness of classical music. Audience cultivation is a priority and major
goal of Sinfonia. Approximately 2,000 new audiences and 4,000 repeat Sinfonia
devotees will benefit by attending these presentations. There is a large amount of
classical music which the local Hispanic community is unknowledgeable. Moreover,
there is a shortage of state-of-the-art professional programs in downtown San Bernardino
that feature high-caliber Hispanic artists. Mayor Pat Morris and the City Council have
stated that we need to attract more people to the downtown area. One has only to drive in
downtown San Bernardino on any given day of the week to know that most restaurants
and businesses close at 6 PM. Each of the four scheduled events is a potential sell out,
even with fierce competition from the surrounding Indian casinos. Sinfonia events are
geared to families, students and seniors. Our concert patrons have continually stated that
they would not come downtown evenings if it wasn't for events held at the California
Theatre of the Performing Arts. Unquestionably, the public shall be both entertained and
educated with Sinfonia's unique performances which communicate phenomenal
crossover appeal. We are confidant the community will continue to support Sinfonia if
we receive funding to develop, promote and implement these programs. During the past
22 years, Sinfonia has inspired state-of-the-art musical innovation. The City continues to
be the venue of choice for premiere performances featuring MeJtican classical
masterpieces and nationally recognized stars such as Vikki Carr; Mariachi Sol de Mexico
de Jose Hernandez and the Sol de Mexico Symphony Orchestra; Daniel Rodriguez, New
York's singing policeman; Maestro Enrique Diemecke (currently music director and
conductor of the Long Beach Symphony Orchestra); and Ballet Folklorico de Mexico de
Amalia Hernandez, who by their presence enhanced the prestige of the City of San
Bernardino.
3
VIII. Total anticipated expenses for this period:
Salary & Wages
Supplies & Materials
Travel
Fixed Assets/Rentals or Leases
Outstanding Loan Payments
Fees & Other
TOTAL EXPENSES
$ 121.212~
$ 13.140
$ 2,500
$ 21.840
$
$ 65.951
$ 224.643
IX. Total anticipated income for this period:
Income from admission
Revenue (stocks, bonds, rentals, etc.)
Grants
Contributions
Funds from Support Groups
Other
TOTAL INCOME
$ 150.000
$ 1.800
$
$
$ 17.000
$ 7.500
$ 176.300
X. Amount requested from the SB. Fine Arts Commission:
a) Total Expenses (Section IX)
b) Total-Income (Section X)
c) AMOUNT REQUESTED (a minus b)
d) Total % of budget
$ 224.643
$ 176.300
$ 48.343
21.5 %
XI. Future Objectives:
Sinfonia Mexicana is in partnership with the San Bernardino City Unified School District
(SBCUSD) in forming the first-ever mariachi music class taught as a pilot program at
Curtis Middle School. Sinfonia is also starting the Mariachi Academy de Sinfonia
Mexicana for students in local middle and high schools and who will be trained to
perform in the community.
4
XII. Provide a briefhistory/background of the organization:
Sinfonia Mexicana has thrilled audiences since 1985 when Mario Porras and Charles Eisenhard
inspired members of the Inland Empire Symphony Association, local civic leaders, and then Consul of
Mexico, Emerenciano Rodriguez, to form a committee to present a unique concert of Mexico's symphonic
masterpieces. Consul Rodriguez was selected to chair the committee for this exciting endeavor. The
concert was a tremendous success! Enthused, the committee continued to present annual state-of-the-art
musical and culturally enriching programs for the enjoyment of the entire community.
It is a well-established fact that Mexican folkloric music is enormously popular and world-
renowned, however, what was relatively unknown to many people locally, was Mexico's veritable treasure
of classical and symphonic music created by notable composers and arrangers - many of whom Sinfonia
has showcased over the past 20 years.
A typical Sinfonia program of Mexican classical music has featured a guest conductor and/or artist
from Mexico performing with the San Bernardino Symphony Orchestra at the historic California Theatre of
Performing Arts in San Bernardino. On two occasions Sinfonia had the distinction to host the "Orquesta
Sinf6nica Nacional de Mexico" in San Bernardino. On their first visit, Maestro Francisco Savin served as
musical director and on their second, Maestro Enrique Diemecke directed the Orquesta as part of a national
tour of seven U.s. cities (Diemecke is currently the artistic director of the Long Beach Symphony).
Sinfonia has presented a variety of special performances by outstanding ensembles from Mexico
and Southern California. They featured the West Coast premiere of "Navidades" by the internationally
acclaimed Ballet Folklorico de Amalia Hernandez from Mexico City. And from Baja California, Sinfonia
presented "Bastian y Bastiana" Mozart's comic opera performed by a student group, Gmpo Juvenil de
Tijuana. Moreover, Sinfonia presented the West Coast premiere of the first Chicano opera, "Esperanza,"
based on the classic cult film, "Salt of the Earth" performed by the Euterpe Opera Theatre ofPasadena.
Quintessentially popular mariachi performances have included the legendary Los Camperos de
Nati Carro, Sol de Mexico de Jose Hernandez, world-renowned Mariachi Vargas de Tecalitlan. The famous
pop artist, Vikki Carr graced Sinfonia's portfolio, Lalo Guerrero, Mayor Judith Valles, sopranos Maria
Luisa Tamez, Florencla Tinoco and Monica Abrego; tenors Raul Hernandez, Dennis Meade, and Fontana's
own, Daniel Hendricks, Jose Medina, Director of the Tijuana Opera and Jorge Lopez Yanez, artistic
director of Mexico's Aguascalientes Symphony Orchestra, and the West Coast debut of tenor Daniel
Rodriguez (former New York police officer who awed the nation with his rendition of "God Bless
America" in the aftermath of 9-11). In May 2006, Sinfonia presented Vikki Carr and Mariachi Los
Camperos de Nati Carro in the annual Mothers Day Concert to a sold out audience. The event was
historical in that it attracted persons from Canada, New York and all parts of California. Sinfonia has
endeavored to promote the musical careers of local young aspiring artists such as Jennifer Baca, Elizabeth
Quintero and Desiree Flores. Sinfonia funded the very first youth mariachi in the region, Mariachi
Estudiantil, whom Sinfonia sponsored for several years, and supported the debut of the region's first all-girl
mariachi group, Mariachi Las Princesas.
Sinfonia, a non-profit 501(c)(3) organization, maintains its volunteer-driven mission to foster the
awareness of Mexico's symphonic musical masterpieces by educating the public of the wonderful music
and culture of Mexico. The board of directors and staff invite interested members of the community to
become involved in Sinfonia Mexicana programs.
CERTIFICA nON:
Project Officer:
Telephone No.:
Date:
Anthonv Bocanegra
909-884-3228
June 26, 2008
Title Executive Director
5
List 'Board of Directors and Officers
(Include names, addresses and telephone numbers)
President - Gonzalez, Richard, 1544 Crown Street, RedJands 92373, 909-798-7536, Sector Manager
Vice Pres - Tostado, Oscar, 1700 W. 5" St., San Bernardino 92411, 951-683-2090, Div Maint. Manager
Secretary- Aguilar, Irma, PO Box 40377, Hesperia 92340,760-912-1184, Dance Instructor
Treasnrer - Redondo, Roberto, 5500 University Parkway, San Bernardino 92407, 909-537-5000, Proj. Mgr
Executive Director - Bocanegra, Anthony, 562 W. 4th St, San Bernardino 909-884-3228
Board of Directors
1. Arias, Sophie, 1650 Scottsdale Road, Beaumont 92223, 951-796-3358, Executive Secretary
2. Bocanegra, Gloria, 1370 Oak Street, Redlands 92373, (909) 793-5888, Retired
3. Brogdon, Argie R., 3435 E. Clifton Avenue, Highland 92346, 909-864-0793, Retired
4. Calderon, Maurice A., PO Box 735, San Bernardino CA 92402, (909) 793-7256, SVP
5. Chavez, Mary L., 562 W. 4th St, San Bernardino 909-884-3228, Office Administrator
6. Cochran, Lee, 3456 Parkside Drive, San Bernardino 92404, 909-881-8862, Retired
7. Cochran, Robin, 3456 Parkside Drive, San Bernardino 92404, 909-881-8862, Attorney
8. Gomez, Graciano, 1265 E. Shamrock, San Bernardino 92410, 909-884-1649, Publisher
9. Gomez, Mary Frances, 1630 Heather Lane, Redlands 92373, 909-792-9674, Business Owner
10. Gomez, Trini, 1265 E. Shamrock, San Bernardino 92410, 909-884-1649, Publisher Assistant
II. Gonzalez, Alfredo, 3263 N. Arrowhead Avenue, San Bernardino 92404, 909-883-1150, Retired
12. Gonzalez, Oscar C., 635 E. Evans Street, San Bernardino 92404, 909-889-7065, Retired
13. Guzman, Martha, 16838 Ivy Avenue, Fontana 92335,909-825-1777, Realtor
14. Hilder, Danielle, J 873 Commercenter West, San Bernardino 92408, 909-890-5515, Com Affairs Mgr
15. Hilder, Katherine, PO Box 896, Lake Arrowhead 92352, 909-856-9076, Volunteer
16. Holguin, Steven, 278 Grande Vista Avenue, San Bernardino, 92.405, Marketing
17. Holohan, Patty, 30617 Country Club Drive, Redlands 92373, 909-794-7874, Marketing
] 8. Landeros, Dorothy, 1333 Jasper Avenue, Mentone 92359, 909-792-4839, Retired
19. Miranda, Linda, 601 N. E. St, San Bernardino 92324, 909-386-2912, Special Assistant
20. Montoya, Jovita, 562 W. 4" Street, San Bernardino 92401, 909-884-3228, Admin Clerk
21. Ordaz, Andrea, 240 Carlin Lane, Riverside 92507, 951-683-2090, Student
22. Ramos, Fred, 4190 Glenwood Drive, Riverside 92501, 951-682-9139, Retired
23. Ricketts, Jr., Audulio, PO Box 1533, Highland 92346,909-387-4742, Probation Officer
24. Saenz, Maria, 3308 N. Broadmoor Blvd, San Berpardino 92404, 909-886-1029, Account Executive
25. Sanchez, Manny, 5925 Sycamore Canyon Blvd, #226, Riverside 92405, 951-782-8992, Engineer
26. Valenzuela, Jesse, 201 N. "E" St, Ste 102, San Bernardino 92401, 909-885-2222, Field Rep
27. Vasquez, Frances, 385 N. Arrowhead Avenue, San Bernardino 92415, 909-387-4565, Field Rep
6
SUDnlemental Information
.:. Financial Statement July 07 thru June 08
.:. Detailed use of last year's grant
Narrative on use of previous grant funds:
Pg.8&9
Pg. 10
The $52,000 grant from the City of San Bernardino Fine Arts Council provided artistic
education through the presentation of four wonderful and entertaining concerts which
enriched the community: Classics Revisited, Children's Holiday, Merri-Achi Christmas,
and Concierto Para Las Madres. The grant also covered operational costs.
.:. Proposed Budget for 08-09
Pg. II
.:. Denied requests for financial support
Pg. 12, 13, 14
.:. Post card and flyer for "Classics Revisited"
.:. Advertisement for "Classics Revisited"
.:. Review for "Classics Revisited"
.:. Program book for "Classics Revisited"
.:. Teachers Responses to Children's Concert
.:. Review for Children'5 Concert
.:. Maestro Jeff Nevin's Appointment
.:. Flyer for "Merri-Achi Christmas"
.:. Advertisement for "Merri-Achi Christmas"
.:. Review for "Merri~Achi Christmas"
.;. Program hook for "Mem-Achi Christmas"
.:. Post card and flyer for "Concierto Para Las Madres"
.:. Advertisement for "Concierto Para Las Madres"
.:. Pre-concert review for "Concierto Para Las Madres"
.:. Program book for "Concierto Para Las Madres"
7
1 :05 PM
06/12/08
Accrual Basis
Sinfonia Mexicana
Profit & Loss
July 2007 through June 2008
Ordinary IncomelExpense
Income
Receptions
Board Fee 2008
Board Fees 2007
Reimbursement
Advertising Income
Dinner
Donations
Grants
Handling Charges
Miscellaneous Income
Sponsorships
Ticket Revenue
Total Income
Cost of Goods Sold
Marketing
Reception
Payroll Office
Alrfareltravel
Artists Fee
Automobile Expense
Conductor fee
Dinner Expense
Equipment Rental
Flowers
Lodging/Food
Miscellaneous Expense
Musicians' Salaries
Outside Ads
Outside Services
Payroll Processing
Payroll Taxes
Postage
Printing
Program book
Sound
Stage Manager/Hands/Loaders
Stagehands
Theater Rental
Union Dues
Total COGS
Gross Profit
Jul '07 - Jun 08
2,315.00
2,475.00
150.00
2,500.00
11,788.47
485.00
1,225.00
84,000.00
2,606.00
1,191.09
10,500.00
162,719.03
281,954.59
650.00
151.28
37,364.45
1,117.20
69,300.00
40.00
4,500.00
550.00
6,695.00
27.00
2,499.80
1,180.79
25,503.06
23,836.98
2,885.48
1,514.89
14,821.90
2,246.01
2,440.06
5,280.85
1,330.00
400.00
13,113.73
11,380.00
258.93
229,087.41
52,867.18
Page' 8
1:06PM
06/12/08
Accrual Basis
Sinfonia Mexicana
Profit & Loss
July 2007 through June 2008
Jul '07 - Jun 08
Expense
California Room
Executive Director
Caterer
Credit Card Fees
Dues and Subscriptions
Insurance
Miscellaneous
Office Supplies
Professional Fees
Rent
Repairs
Taxes and Licenses
Telephone
Total Expense
1,600.00
1,125.80
3,397.42
4,335.78
190.00
2,381.92
1,528.66
958.25
2,981.25
3,400.00
712.00
184.35
2,742.07
25,537.50
27,329.68
Net Ordinary Income
Other Income/Expense
Other Income
Interest Income
Other Income
Total Other Income
Other Expense
Operating Expenses
Refund
Concert Expense Relmb
Other Expenses
Total Other Expense
3,262.64
225.90
3,488.54
350.00
438.00
-164.72
191.81
815.09
Net Other Income
2,673.45
Net Income
30,003.13
Page 9
Detail Use of 07-08 Grant
Classics Student Merri-Achi Concierto Para Annual
Revisited Concert Christmas Las Madres Total
13-0ct-07 5-Dec-07 1-Dec-07 10-May-08
Income
Advertising $ 2,023.00 $ 2,248.00 $ 2,483.00 $ 6,754.00
Grants $ 37,667.00 $5,000.00 $ 15,667.00 $ 15,666.00 $ 74,000.00
Sponsors $ 2,500.00 $1,000.00 $ 2,500.00 $ 2,500.00 $ 8,500.00
EDA $500.00 $ 500.00 $ 1,000.00 $ 2,000.00
Handling Fees $ 846.00 $ 873.00 $ 974.00 $ 2,693.00
Reception $ 2,315.00 $ 2,315.00
Ticket Sales $ 50,986.00 $ 58,459.00 $ 51,432.00 $ 160,877.00
Total Income $ 96,337.00 $6,500.00 $ 80,247.00 $ 74,055.00 $ 257,139.00
Direct Concert Expenses
Advertising/Marketing $ 6,093.00 $ $ 12,247.00 $ 7,147.00 $ 25,487:00
Artist Expenses $ 3,284.00 $ 338.00 $ 368.00 $ 3,990.00
Artist Fees $ 30,030.00 $ 4,500.00 $ 35,000.00 $ 27,200.00 $ 96,730.00
Guest Conductor $ 4,500.00 $ 4,500.00
Orchestra $ 25,503.00 $ 25,503.00
Stage Manager $ 400.00 $ 400.00
Equipment Rental $ 4,398.00 $ 1,050.00 $ 2,120.00 $ 125.00 $ 7,693.00
Bulkmail/postage $ 622.00 $ 265.00 $ 463.00 $ 1,350.00
Historical Recording $ 307.00 $ 150.00 $ 457.00
Miscellaneous $ 287.00 $ 130.00 $ 104.00 $ 232.00 $ 753.00
Program Book $ 2,059.00 $ $ 1,671.00 $ 1,552.00 $ 5,282.00
Sound Tech $ 1,000.00 $ 1,000.00
Stagehands $ 3,979.00 $ 2,182.00 $ 4,705.00 .$ 2,507.00 $ 13,373.00
Misc Printing $ 399.00 $ 377.00 $ 592.00 $ 1,368.00
Theatre Rental $ 3,385.00 $ 1,225.00 $ 3,385.00 $ 3,385.00 $ 11,380.00
California Room $ 600.00 $ 500.00 $ 500.00 $ 1,600.00
Caterer $ 2,078.00 $ 295.00 $ 456.00 $ 318.00 $ 3,147.00
Direct Subtotal $ 87,924.00 $ 10,032.00 $ 61,668.00 $ 44,389.00 $ 204,013.00
Operational Expenses
Credit Card Fees $ 998.00 $ $ 2,460.00 $ 1,338.00 $ 4,796.00
Insurance $ 515.00 $ $ 515.00 $ 155.00 $ 1,185.00
Miscellaneous $ 79.00 $ $ 79.00 $ 158.00
Office Equip/Supplies $ 58.00 $ $ 58.00 $ 392.00 $ 508.00
Office Rent $ 275.00 $ 275.00 $ 1,100.00 $ 1,650.00
Payroll Processing $ 152.00 $ $ 152.00 $ 692.00 $ 996.00
Payroll Taxes . $ 1,404.00 $ $ 1,404.00 $ 5,615.00 $ 8,423.00
Phonelfax $ 273.00 $ $ 273.00 $ 1,216.00 $ 1,762.00
Salaries $ 3,862.00 $ 3,862.00 $ 12,644.00 $ 20,368.00
Operational Subtotal $ 7,616.00 $ $ 9,078.00 $ 23,152.00 $ 39,846.00
Total Expenses $ 95,540.00 $ 70,746.00 $ 67,541.00 $ 233,827.00
Net Income/(Ioss) $797.00 (-$3,532) $ 9,501.00 $ 6.514.00 $16,812.00
Page 10
Proposed Budget for 2008-2009
Recuerdos Student Mariachi Cinco de Mayo Annual
Concert Christmas Madres Total
1-Nov-08 12-Dec-08 13-Dec-08 2-May-09
Income
Advertising $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 7,500.00
Grants
Handling Fee $ 600.00 $ 600.00 $ 600.00 $ 1,800.00
Sponsors $ 4,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 $ 17,000.00
Ticket Sales $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 150,000.00
Total Income $ 57,100.00 $ 5,000.00 $ 57,100.00 $ 57,100.00 $ 176,300.00
Direct Concert Expenses
Advertising/Marketing $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 22,500.00
Artist Expenses $ 1,500.00 $ 500.00 $ 500.00 $ 2,500.00
Artist Fees $ 27,000.00 $ 6,000.00 $ 18,000.00 $ 27,000.00 $ 78,000.00
Equipment Rental $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 4,000.00
Concert Helper $ 200.00 $ 200.00 $ 200.00 $ 600.00
BulkmaiVposlage $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 4,500.00
Decorations $ 200.00 $ 200.00 $ 200.00 $ 600.00
Miscellaneous $ 500.00 $ 500.00 $ 500.00 $ 1,500.00
Program Book $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 6,750.00
Sound System $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00
Stagehands $ 3,000.00 $ 2,000.00 $ 3,000.00 $ 3,000.00 $ 11,000.00
Mise Printing $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00
Theatre Rental $ 2,885.00 $ 2,885.00 $ 2,885.00 $ 2,885.00 $ 11,540.00
Direct Subtotal $ 49,535.00 $ 11 ,885.00 $ 39,535.00 $ 48,535.00 $ 149,490.00
Operational Expenses
Credit Card Fees $ 1,338.00 $ 1,338.00 $ 1,338.00 $ 4,014.00
Insurance $ 884.00 $ 884.00 $ 884.00 $ 2,65~.00
Miscellaneous $ 430.00 $ 430.00 $ 430.00 $ 1,290.00
Office Equip/Supplies $ 307.00 $ 307.00 $ 307.00 $ 921.00
Office Rent $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 3,300.00
Payroll Processing $ 566.00 $ 566.00 $ 566.00 $ 1,698.00
Payroll Taxes $ 5,223.00 $ 5,223.00 $ 5,223.00 $ 15,669.00
Phone/fax $ 799.00 $ 799.00 $ 799.00 $ 2,397.00
Salaries $ 14,404.00 $ 14,404.00 $ 14,404.00 $ 43,212.00
Operational Subtotal $ 25,051.00 $ 25,051.00 $ 25,051.00 $ 75,153.00
Total Expenses $ 74,586.00 $ 11,885.00 $ 64,586.00 $ 73,586.00 $ 224,643.00
Net Income/(Ioss) (-$17,486.00) (-$6,885.00) (-$7,486.00) (-$16,486.00) (-$48,343.00)
Page 11
\",
.
February 1, 2008
Mr. Anthony Bocanegra
Executive Director
Sinfonia Mexicana
562 West Fourth Street
San Bernardino, CA 92401
Dear Mr. Bocanegra:
Thank you for your interest in Union Pacific Foundation. We have carefully considered your request
for support in 2008 and regrettahly are unable to provide financial assistance.
We receive many requests for support and, unfortunately, our limited budget does not provide the
opportunity to support all the worthy organizations that request our help. This is not a reflection on
the worthiness of your request, but rather the difficulty in making funding decisions.
We recognize your organization as an important community resource and regret that we are unable to
assist with your funding request.
Sincerely,
~
-.,,:":.",,':'" '
. .
Darlynn Myers
Director
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to provide support. at this time. We are declining
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unneeded or undervalued, but simply our
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Find out more about our community giving
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then "local Giving."
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We appreciate your interest in our community
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Alliance for California Traditional Arts
December 5, 2007
Anthony Bocanegra, Executive Director
Sinfonia Mexicana
526 West 4th Street
San Bernadino, CA 92401
Dear Anthony,
Thank you for your recent proposal to Round 3 of the Living Cultures Grants Program of the
Alliance for California Traditional Arts, in partnership with the Walter and Elise Haas Fund,
the William and Flora Hewlett Foundation, and the James Irvine Foundation.
Unfortunately, your proposal was not among the ones selected for funding in this round.
There were a great number of worthy requests and the review panel was faced with many
difficult decisions. Of the 110 applications we received, only 42 were funded.
Please consult our website, www.actaonline.org, for information regarding the next round of
the Living Cultures Grants Program, as well as links to other sources of information for
funding for the traditional arts. You may also want to consider pursuing contracts from the
Alliance's other two core programs, the Apprenticeship Program and the Traditional Arts
Development Program. Our monthly e-newsletter, The New Moon, is also a good source of
information for learning about traditional art events and opportunities throughout the state.
We encourage you to subscribe to our e-newsletter by visiting www.actaonline.org.
Please contact Lily Kharrazi, Living Cultures Grants Program Manager, at (415) 561-7893 or
lilvk@,actoanline.oH!', if you would like feedback before you apply to the next round of this
program, in order to discuss the best possible strategies for prysenting your organization's
work. .
While we are not able to support your request at this time, we wish you success in pursuing
your work in traditional arts.
Sincerely,
ti,JCO l41w~
Amy Kitchener
Executive Director
: :,l~~;;) 1245 van ness avenue Fresno california 93721 l'iHiim+559 237 98112 !,\\559 237 9814
'-",,-,; :';~W, :-;, '"J the presidio p.o. box 29096 san Francisco california 94129 1"U'i':!l'N~,415 5617894
~. ,j..,;, info@actaonline.org \-:'lB www,actaonline.org
cc 0 ~\\/.'
1
RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF
SAN BERNARDINO AUHORIZING THE EXECUTION OF AN AGREEMENT WITH
4 THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager of the City of San Bernardino is herehy
8 authorized and directed to execute ou behalf of said City an Agreement with Sinfonia
9 Mexican a, a copy of which is attached marked Exhibit "A" and incorporated herein by
10
11
reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above '"eference agreement is
12
rescinded if the parties to the agreement fail to execute it within sixty (60) days of passage
13
1 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 SINFONIA MEXICAN A FOR THE PROMOTION OF ARTS AND CULTURE.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th
6 day of September, 2008, by the following vote, to wit:
7
8
9
ABSTAIN ABSENT
Council Members:
AYES
NAYS
ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
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20
21
22
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of , 2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to
23 Form:
24
25
26
JAMES F. PENMAN,
City Attorney
By' 7L ~ cU:-:.14:~\ ~ -7 ~/
27 III' ~~t...~2;~ ~tJ,
28 (;, ~ ~tL~ '1 ~ ~-
TL ~\ o<.-.-/~ ~ ~4IIr-?tM'
^ _ ../ ~U__ ..:1-- ~-2-~, () -4_
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Exhibit "A"
AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as "City" and the Sinfonia Mexicana, a non-profit
organization, referred to as "Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2008-09, in
order to assist in defraying the expense of certain
concerts, shows, festivals, 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 said proposal is on file in the
Mayor's 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. Payment. Upon presentation of a claim to
the Mayor's Office, City shall pay to Organization
from the budget for the 2008-09 fiscal year, the
total sum of $32,500.00 dollars, to cover the costs
per 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 agreement. No
deviation from the agreement shall be made without
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2009, and
any unexpended funds shall be returned to City by
Organization.
4. Accounting. Within 20 days after the
completion of the event, the Organization shall
submit to the Mayor's Office, with a copy to the
Director of Finance, an accounting of the actual
expenditures connected with said event(s) as it
relates to the funds which were provided by the City.
Financial records shall be maintained in accordance
with generally accepted accounting principles by
Organization in such 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. Failure to submit
the financial records in accordance with this section
will result in the Organization reimbursing the funds
to the City.
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the
City of San Bernardino, its elective and appointive
boards, commissions, officers, attorneys, agents and
employees from all liabilities and charges, expenses
(including attorney 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. Organization further warrants that it
has secured all rights and permissions to perform any
works of intellectual property publicly or use any
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
names, marks, or trade names, including any licenses
necessary, to use any intellectual property,
including, but not limited to, any works protected by
state and federal statutory and common law copyright,
right of publicity, and trademark/unfair competition
laws, or any other proprietary rights.
Organization agrees to indemnify, hold harmless, and
defend the City of San Bernardino, including its
employees, contractors, and agents, from and against
any claims or lawsuits, including costs, expenses,
and attorney's fees, that arise or result from any
allegation of intellectual property infringement by
organization.
The costs, salary and expenses of the City Attorney
and members of his office in enforcing this agreement
on behalf of the City shall be considered as
"attorney fees" for the purposes of this paragraph.
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 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 funds provided by City shall be
returned to City. In addition, Organization shall
reimburse to City any funds expended which were used
for any purpose other than those authorized under
this Agreement.
7. Assignment.
assign its interest in
prior written approval
Organization shall not
this Agreement without the
of City.
8. Insurance.
and maintain during the
Organization shall take out
life of this Agreement such
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
public liability and property damage insurance,
naming the City and its elective and appointive
boards, commissions, officers, attorneys, agents and
employees as additional insured by Organization and
its agents performing acts covered by this Agreement
from the claims for personal injury, including death,
as well as from claims for property damage which may
arise from Organization's or its agents' operation
hereunder, whether such operations be by Organization
or its agent 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 that $1,000,000 for injuries, including, but
not limited to, death, to any person, and subject to
the same limit for each person, in an amount not less
than $100,000 on account of anyone occurrence.
(b)
less than
person on
Property Damage Insurance. In an amount not
$50,000 for damage to the property of each
account of an occurrence.
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder
are to be paid as a salary to any employee of
organization. Organization shall provide worker
compensation insurance in the amount required by
state law if the funds provided hereunder are to 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 provide hereunder.
(d) The Certificate of Insurance furnished to
the City shall require the insurer to notify the City
of any change or termination in the policy.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
9. Obligation. 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:
As to Organization:
Mayor's Office
Anthony Bocanegra,
President
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
11. Entire Agreement. This Agreement and any
other 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, and advertising or in any other
manner on the basis of race, color, creed, religion,
national origin, sex, physical handicap, or marital
status.
III
III
III
III
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
CITY OF SAN BERNARDINO
Date:
Lori Sassoon, Acting City
Manager
ATTEST:
Rachel G. Clark, City Clerk
SINFONIA MEXICANA
By:
Anthony Bocanegra,
President
Approved as to form:
20 James F. Penman
City Attorney
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By:
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AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred
to as "City" and the Sinfonia Mexicana, a non-profit
organization, referred to as "Organization"
The parties agree as follow:
1.
Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2008-09, in
order to assist in defraying the expense of certain
concerts, shows, festivals, 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 said proposal is on file in the
Mayor's 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. Payment. Upon presentation of a claim to
the Mayor's Office, City shall pay to Organization
from the budget for the 2008-09 fiscal year, the
total sum of $32,500.00 dollars, to cover the costs
per 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 agreement. No
deviation from the agreement shall be made without
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2009, and
any unexpended funds shall be returned to City by
Organization.
4. Accounting. Within 20 days after the
completion of the event, the Organization shall
submit to the Mayor's Office, with a copy to the
Director of Finance, an accounting of the actual
expenditures connected with said event(s) as it
relates to the funds which were provided by the City.
Financial records shall be maintained in accordance
with generally accepted accounting principles by
Organization in such 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. Failure to submit
the financial records in accordance with this section
will result in the Organization reimbursing the funds
to the City.
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the
City of San Bernardino, its elective and appointive
boards, commissions, officers, attorneys, agents and
employees from all liabilities and charges, expenses
(including attorney 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. Organization further warrants that it
has secured all rights and permissions to perform any
works of intellectual property publicly or use any
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
names, marks, or trade names, including any licenses
necessary, to use any intellectual property,
including, but not limited to, any works protected by
state and federal statutory and common law copyright,
right of publicity, and trademark/unfair competition
laws, or any other proprietary rights.
Organization agrees to indemnify, hold harmless, and
defend the City of San Bernardino, including its
employees, contractors, and agents, from and against
any claims or lawsuits, including costs, expenses,
and attorney's fees, that arise or result from any
allegation of intellectual property infringement by
organization.
The costs, salary and expenses of the City Attorney
and members of his office in enforcing this agreement
on behalf of the City shall be considered as
"attorney fees. for the purposes of this paragraph.
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 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 funds provided by City shall be
returned to City. In addition, Organization shall
reimburse to City any funds expended which were used
for any purpose other than those authorized under
this Agreement.
7. Assignment.
assign its interest in
prior written approval
Organization shall not
this Agreement without the
of City.
8. Insurance. Organization shall take out
and maintain during the life of this Agreement such
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
public liability and property damage insurance,
naming the City and its elective and appointive
boards, commissions, officers, attorneys, agents and
employees as additional insured by Organization and
its agents performing acts covered by this Agreement
from the claims for personal injury, including death,
as well as from claims for property damage which may
arise from Organization's or its agents' operation
hereunder, whether such operations be by Organization
or its agent 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 that $1,000,000 for injuries, including, but
not limited to, death, to any person, and subject to
the same limit for each person, in an amount not less
than $100,000 on account of anyone occurrence.
(b)
less than
person on
Property Damage Insurance. In an amount not
$50,000 for damage to the property of each
account of an occurrence.
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder
are to be paid as a salary to any employee of
organization. Organization shall provide worker
compensation insurance in the amount required by
state law if the funds provided hereunder are to 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 provide hereunder.
(d) The Certificate of Insurance furnished to
the City shall require the insurer to notify the City
of any change or termination in the policy.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
9. Obligation. 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:
As to Organization:
Mayor's Office
Anthony Bocanegra,
President
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
11. Entire Agreement. This Agreement and any
other documents of 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, and advertising or in any other
manner on the basis of race, color, creed, religion,
national origin, sex, physical handicap, or marital
status.
III
III
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
CITY OF SAN BERNARDINO
Date:
Lori Sassoon, Acting City
Manager
ATTEST:
Rachel G. Clark, City Clerk
SINFONIA MEXICANA
By:
Anthony Bocanegra,
President
Approved as to form:
20 James F. Penman
City Attorney
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VISUAL AND PERFORMING ARTS - GRANT APPLICATION FORM
City of San Bernardino - Fine Arts Commission
I. Applicant Organization (Name, Address, etc.)
Sinfonia Mexicana
562 W. 4th Street
San Bernardino. CA 92401
Telephone No.
Non-Profit LD. No.
Number of Years in Existence
909-884-3228
91-2160533
23
II.
Contact Person:
Title:
Telephone No.:
Anthonv Bocanegra
Executive Director
909-884-3228
III. Program Category Under Which Support is Requested:
Music
IV.
Period of Support Requested:
From: July 1. 2007 Through
(Starting)
June 30. 2008
(Ending)
V. Program Description / Need Statement:
Funds received from this grant will support four distinct and exciting concerts
which carry on Sinfonia Mexicana's commitment to interpret Mexican traditions and
enrich the quality of life for members of our community. A small portion is used for
operational expenses. The Program Committee, consisting of eight members, selects the
music genre and artists and Executive Director Anthony Bocanegra coordinates logistics
and negotiates contracts and other program matters. The follow concerts will be
presented during the 2008-2009 season:
On November I, 2008 the "Recuerdos (Remembrance), a Dia de Los Muertos
(Day of the Dead) Celebration" will be held to honor Mexico's great long-ago masters
(musicians, vocalists and composers). Featured are Maestro Jeff Nevin's Symphonic
Mariachi Champana and Ballet Folklorico Flores del Desierto.
The Children's Holiday Program will be presented December 12, 2008 to third,
fourth and fifth grade students from local school districts. The event complements
Sinfonia's objective to provide a culturally enriching experience that will engage students
and instill an appreciation for diverse types of music and dance originating from various
regions of the world.
On December 13, 2008 Sinfonia will present the traditional holiday concert,
"Mariachi Christmas" featuring the all-female group Mariachi Divas and Folklorico
Ollin. In addition to traditional holiday music, the concert will feature mariachi folk
music and folkloric dances from various regions of Mexico.
Negotiations are in progress to present Grammy nominated, and the Nation's
premiere mariachi, Mariachi Sol de Mexico de Jose Hernandez at the annual Concierto
Para Las Madres (Mothers Day concert) on May 2, 2009. Mariachi Sol de Mexico is the
headliner at the Las Vegas yearly Mariachi Festival.
The City of San Bernardino is represented by a diverse community, with
Hispanics listed at 52.9 percent. Hispanics are a young population and very family
oriented. These activities cause appreciation of their culture. It is Sinfonia's mission to
provide a venue by which our community can recognize and celebrate its rich cultural
heritage. Sinfonia is the only community-based organization that produces classical
Hispanic concerts. The musical art is a venue which fosters harmonious co-existence and
understanding of cultural diversity. Sinfonia Mexicana's programs have thrilled and
delighted audiences for 22 years. The concerts are indeed "goodwill ambassadors" and
help to foster community unity through the universal language of music and cultural arts.
There is a need in the local Hispanic community for new audience cultivation to instill a
greater understanding and appreciation of fme classical music, particularly the beautiful
Mexican symphonic compositions, and we see an increase of new audience members
with each succeeding concert.
VI. Estimated number of persons expected to benefit from this
program:
a)
b)
c)
d)
Number of persons paid by attendance:
Number of persons by complimentary admission:
Number of performances scheduled/length of display:
Total attending performance/display:
3.500
2,500
4
6.000
2
VII. Intended Results:
Sinfonia's four motivating programs will impact approximately 6,000 persons. The
grant from the City of San Bernardino Fine Arts Commission helps to keep ticket prices
affordable, however, there are still citizens in our community that do not have the
financial resources to enjoy these concerts. Sinfonia recognizes the need to bring our rich
cultural heritage to all members of the community. Sinfonia plans to provide discounted
tickets to senior residents in our community. There are five senior housing facilities in a
one mile radius of the California Theatre of the Performing Arts. By providing
discounted tickets we hope to attract a larger number of these seniors. We inform the San
Bernardino Police Department of our concerts and request extra surveillance during these
events. Without affordable prices and extra security measures, this aging population is a
virtual prisoner in their living facilities. Also, Sinfonia will continue to outreach to local
city schools to identify and encourage youth to appreciate their rich heritage and to
experience the richness of classical music. Audience cultivation is a priority and major
goal of Sinfonia. Approximately 2,000 new audiences and 4,000 repeat Sinfonia
devotees will benefit by attending these presentations. There is a large amount of
classical music which the local Hispanic community is unknowledgeable. Moreover,
there is a shortage of state-of-the-art professional programs in downtown San Bernardino
that feature high-caliber Hispanic artists. Mayor Pat Morris and the City Council have
stated that we need to attract more people to the downtown area. One has only to drive in
downtown San Bernardino on any given day of the week to know that most restaurants
and businesses close at 6 PM. Each of the four scheduled events is a potential sell out,
even with fierce competition from the surrounding Indian casinos. Sinfonia events are
geared to families, students and seniors. Our concert patrons have continually stated that
they would not come downtown evenings if it wasn't for events held at the California
Theatre of the Performing Arts. Unquestionably, the public shall be both entertained and
educated with Sinfonia's unique performances which communicate phenomenal
crossover appeal. We are confidant the community will continue to support Sinfonia if
we receive funding to develop, promote and implement these programs. During the past
22 years, Sinfonia has inspired state-of-the-art musical innovation. The City continues to
be the venue of choice for premiere performances featuring Mexican classical
masterpieces and nationally recognized stars such as Vikki Carr; Mariachi Sol de Mexico
de Jose Hernandez and the Sol de Mexico Symphony Orchestra; Daniel Rodriguez, New
York's singing policeman; Maestro Enrique Diemecke (currently music director and
conductor of the Long Beach Symphony Orchestra); and Ballet FolkIorico de Mexico de
Amalia Hernandez, who by their presence enhanced the prestige of the City of San
Bernardino.
3
VIII. Total anticipated expenses for this period:
Salary & Wages
Supplies & Materials
Travel
Fixed AssetslRentals or Leases
Outstanding Loan Payments
Fees & Other
TOTAL EXPENSES
$ 121.212
$ 13 .140
$ 2.500
$ 21.840
$
$ 65,951
$ 224,643
IX. Total anticipated income for this period:
Income from admission
Revenue (stocks, bonds, rentals, etc.)
Grants
Contributions
Funds from Support Groups
Other
TOTAL INCOME
$ 150,000
$ 1.800
$
$
$ 17,000
$ 7.500
$ 176.300
X. Amount requested from the SB. Fine Arts Commission:
a) Total Expenses (Section IX)
b) Total-Income (Section X)
c) AMOUNT REQUESTED (a minus b)
d) Total % of budget
$ 224,643
$ 176.300
$ 48.343
21.5 %
XI. Future Objectives:
Sinfonia Mexicana is in partnership with the San Bernardino City Unified School District
(SBCUSD) in forming the first-ever mariachi music class taught as a pilot program at
Curtis Middle School. Sinfonia is also starting the Mariachi Academy de Sinfonia
Mexicana for students in local middle and high schools and who will be trained to
perform in the community.
4
XII. Provide a briefhistorylbackground of the organization:
Sinfonia Mexicana has thrilled audiences since 1985 when Mario Porras and Charles Eisenhard
inspired members of the Inland Empire Symphony Association, local civic leaders, and then Consul of
Mexico, Emerenciano Rodriguez, to form a committee to present a unique concert of Mexico's symphonic
masterpieces. Consul Rodriguez was selected to chair the committee for this exciting endeavor. The
concert was a tremendous success! Enthused, the committee continued to present annual state-of-the-art
musical and culturally enriching programs for the enjoyment of the entire community.
It is a well-established fact that Mexican folkloric music is enormously popular and world-
renowned, however, what was relatively unknown to many people locally, was Mexico's veritable treasure
of classical and symphonic music created by notable composers and arrangers - many of whom Sinfonia
has showcased over the past 20 years.
A typical Sinfonia program of Mexican classical music has featured a guest conductor and/or artist
from Mexico performing with the San Bernardino Symphony Orchestra at the historic California Theatre of
Performing Arts in San Bernardino. On two occasions Sinfonia had the distinction to host the "Orquesta
Sinf6nica Nacional de Mexico" in San Bernardino. On their first visit, Maestro Francisco Savin served as
musical director and on their seeond, Maestro Enrique Diemeeke directed the Orquesta as part of a national
tour of seven U.S. cities (Diemecke is currently the artistic director ofthe Long Beach Symphony).
Sinfonia has presented a variety of special performances by outstanding ensembles from Mexico
and Southern California. They featured the West Coast prerniere of "Navidades" by the internationally
acclaimed Ballet Folklorico de Amalia Hernandez from Mexico City. And from Baja California, Sinfonia
presented "Bastian y Bastiana" Mozart's comic opera performed by a student group, Grupo Juvenil de
Tijuana. Moreover, Sinfonia presented the West Coast premiere of the first Chicano opera, "Esperanza,"
based on the classic cult film, "Salt of the Earth" performed by the Euterpe Opera Theatre of Pasadena.
Quintessentially popular mariachi performances have included the legendary Los Camperos de
Nati Cano, Sol de Mexico de Jose Hernandez, world-renowned Mariachi Vargas de Tecalitlan. The famous
pop artist, Vikki Carr graced Sinfonia's portfolio, Lalo Guerrero, Mayor Judith Valles, sopranos Maria
Luisa Tamez, Florencia Tinoco and Monica Abrego; tenors Raul Hernandez, Dennis Meade, and Fontana's
own, Daniel Hendricks, Jose Medina, Director of the Tijuana Opera and Jorge Lopez Yanez, artistic
director of Mexico's Aguascalientes Symphony Orchestra, and the West Coast debut of tenor Daniel
Rodriguez (former New York police officer who awed the nation with his rendition of "God Bless
America" in the aftermath of 9-11). In May 2006, Sinfonia presented Vikki Carr and Mariachi Los
Camperos de Nati Cano in the annual Mothers Day Concert to a sold out audience. The event was
historical in that it attracted persons from Canada, New York and all parts of California. Sinfonia has
endeavored to promote the musical careers oflocal young aspiring artists such as Jennifer Baca, Elizabeth
Quintero and Desiree Flores. Sinfonia funded the very first youth mariachi in the region, Mariachi
Estudiantll, whom Sinfonia sponsored for several years, and supported the debut ofthe region's first all-girl
mariachi group, Mariachi Las Princesas.
Sinfonia, a non-profit 501(c)(3) organization, maintains its volunteer-driven rnission to foster the
awareness of Mexico's symphonic musical masterpieces by educating the public of the wonderful music
and culture of Mexico. The board of directors and staff invite interested members of the community to
become involved in iilinfonia Mexicana programs.
CERTIFICATION:
Project Officer:
Telephone No.:
Date:
Anthonv Bocanegra
909-884-3228
June 26. 2008
Title Executive Director
5
List Board of Directors and Officers
(Include names, addresses and telephone numbers)
President- Gonzalez, Richard, 1544 Crown Street, Redlands 92373, 909-798-7536, Sector Manager
Vice Pres - Tostado, Oscar, 1700 W. 5th St., San Bernardino 92411, 951-683-2090, Div Maint. Manager
Secretary - Aguilar, Irma, PO Box 40377, Hesperia 92340, 760-912-1184, Dance Instructor
Treasurer - Redondo, Roberto, 5500 University Parkway, San Bernardino 92407, 909-537-5000, Proj. Mgr
Executive Director - Bocanegra, Anthony, 562 W. 4th St, San Bernardino 909-884-3228
Board of Directors
1. Arias, Sophie, 1650 Scottsdale Road, Beaumont 92223,951-796-3358, Executive Secretary
2. Bocanegra, Gloria, 1370 Oak Street, Redlands 92373, (909) 793-5888, Retired
3. Brogdon, Argie R., 3435 E. Clifton Avenue, Highland 92346, 909-864-0793, Retired
4. Calderon, Maurice A., PO Box 735, San Bernardino CA 92402, (909) 793-7256, SVP
5. Chavez, Mary L., 562 W. 4th St, San Bernardino 909-884-3228, Office Administrator
6. Cochran, Lee, 3456 Parkside Drive, San Bernardino 92404, 909-881-8862, Retired
7. Cochran, Robin, 3456 Parkside Drive, San Bernardino 92404, 909-881-8862, Attorney
8. Gomez, Graciano, 1265 E. Shamrock, San Bernardino 92410, 909-884-1649, Publisher
9. Gomez, Mary Frances, 1630 Heather Lane, Redlands 92373, 909-792-9674, Business Owner
10. Gomez, Trini, 1265 E. Shamrock, San Bernardino 92410, 909-884-1649, Publisher Assistant
11. Gonzalez, Alfredo, 3263 N. Arrowhead Avenue, San Bernardino 92404, 909-883-1150, Retired
12. Gonzalez, Oscar C., 635 E. Evans Street, San Bernardino 92404, 909-889-7065, Retired
13. Guzman, Martha, 16838 Ivy Avenue, Fontana 92335, 909-825-1777, Realtor
14. Hilder, Danielle, 1873 Commercenter West, San Bernardino 92408, 909-890-5515, Com Affairs Mgr
15. Hilder, Katherine, PO Box 896, Lake Arrowhead 92352, 909-856-9076, Volunteer
16. Holguin, Steven, 278 Grande Vista A venue, San Bernardino, 92,405, Marketing
17. Holohan, Patty, 30617 Country Club Drive, RedIands 92373, 909-794-7874, Marketing
18. Landeros, Dorothy, 1333 Jasper Avenue, Mentone 92359,909-792-4839, Retired
19. Miranda, Linda, 601 N. E. St, San Bernardino 92324, 909-386-2912, Special Assistant
20. Montoya, Jovita, 562 W. 4th Street, San Bernardino 92401, 909-884-3228, Admin Clerk
21. Ordaz, Andrea, 240 Carlin Lane, Riverside 92507, 951-683-2090, Student
22. Ramos, Fred, 4190 Glenwood Drive, Riverside 92501, 951-682-9139, Retired
23. Ricketts, Jr., Audulio, PO Box 1533, Highland 92346,909-387-4742, Probation Officer
24. Saenz, Maria, 3308 N. Broadmoor Blvd, San Bernardino 92404, 909-886-1029, Account Executive
25. Sanchez, Manny, 5925 Sycamore Canyon Blvd, #226, Riverside 92405, 951-782-8992, Engineer
26. Valenzuela, Jesse, 201 N. "E" St, Ste 102, San Bernardino 92401, 909-885-2222, Field Rep
27. Vasquez, Frances, 385 N. Arrowhead Avenue, San Bernardino 92415, 909-387-4565, Field Rep
6
SUDDlemeDtal Information
(. Financial Statement July 07 thru June 08
(. Detailed use oflast year's grant
Narrative on use of previous grant funds:
Pg.8&9
Pg. 10
The $52,000 grant from the City of San Bernardino Fine Arts Council provided artistic
education through the presentation of four wonderful and entertaining concerts which
enriched the community: Classics Revisited, Children's Holiday, Merri-Achi Christmas,
and Concierto Para Las Madres. The grant also covered opemtionaI costs.
.:- Proposed Budget for 08-09
Pg.II
Pg. 12, 13, 14
.:. Denied requests for financial support
.:. Post card and flyer for "Classics Revisited"
.:. Advertisement for "Classics Revisited"
.:. Review for ~'Classics Revisited"
.:. Program book for "Classics Revisited"
.:. Teachers Responses to Children's Concert
.:. Review for Children's Concert
.:. Maestro Jeff Nevin's Appointment
.:. Flyer for ~'Merri~Achi Christmas"
.:. Advertisement for "Merri-Achi Christmas"
.:. Review for "Merri-Achi Christmas"
.:. Program book for "Merri-Achi Christmas"
.:. Post card and flyer for "Concierto Para Las Madres"
.:. Advertisement for "Concierto Para Las Madres"
.:. Pre-concert review for "Concierto Para Las Madres"
.:. Program book for "Concierto Para Las Madres"
7
1:05 PM
06/12/08
Accrual Basis
Sinfonia Mexicana
Profit & Loss
July 2007 through June 2008
Ordinary Income/Expense
Income
Receptions
Board Fee 2008
Board Fees 2007
Reimbursement
Advertising Income
Dinner
Donations
Grants
Handling Charges
Miscellaneous Income
Sponsorships
Ticket Revenue
Total Income
Cost of Goods Sold
Marketing
Reception
Payroll Office
Alrfareltravel
Artists Fee
Automobile Expense
Conductor fee
Dinner Expense
Equipment Rental
Flowers
Lodging/Food
Miscellaneous Expense
Musicians' Salaries
Outside Ads
Outside Services
Payroll Processing
Payroll Taxes
Postage
Printing
Program book
Sound
Stage Manager/Hands/Loaders
Stagehands
Theater Rental
Union Dues
Total COGS
Gross Profit
Jul '07 - Jun 08
2,315.00
2,475.00
150.00
2,500.00
11,788.47
485.00
1,225.00
84,000.00
2,606.00
1,191.09
10,500.00
162,719.03
281,954.59
650.00
151.28
37,384.45
1,117.20
69,300.00
40.00
4,500.00
550.00
6,695.00
27.00
2,499.80
1,180.79
25,503.06
23,836.98
2,885.48
1,514.89
14,821.90
2,246.01
2,440.06
5,280.85
1,330.00
400.00
13,113.73
11,380.00
258.93
229,087.41
52,867.18
Page' 8
1 :OS PM
06/12/08
Accrual Basis
Sinfonia Mexicana
Profit & Loss
July 2007 through June 2008
Jul '07 . Jun 08
Expense
California Room
Executive Director
Caterer
Credit Card Fees
Dues and Subscriptions
Insurance
Miscellaneous
Office Supplies
Professional F_
Rent
Repairs
Taxes and Licenses
Telephone
Total Expense
Net Ordinary Income
other Income/Expense
Other Income
Interest Income
Other Income
Total Other Income
Other Expense
Operating Expenses
Refund
Concert Expense Relmb
Other Expenses
Total Other Expense
1,600.00
1,125.80
3,397.42
4,335.78
190.00
2,381.92
1,528.66
958.25
2,981.25
3,400.00
712.00
184.35
2,742.07
25,537.50
27,329.68
3,262.64
225.90
3,488.54
350.00
438.00
-164.72
191.81
815.09
Net Other Income
2,673.45
Net Income
30,003.13
Page 9
Detail Use of 07-08 Grant
Classics Student Merri-Achi Concierto Para Annual
Revisited Concert Christmas Las Madres Total
13-0ct-07 5-Dec-07 1-Dec-07 10-May-08
Income
Advertising $ 2,023.00 $ 2,248.00 $ 2,483.00 $ 6,754.00
Grants $ 37,667.00 $5,000.00 $ 15,667.00 $ 15,666.00 $ 74,000.00
Sponsors $ 2,500.00 $1,000.00 $ 2,500.00 $ 2,500.00 $ 8,500.00
EDA $500.00 $ 500.00 $ 1,000.00 $ 2,000.00
Handling Fees $ 846.00 $ 873.00 $ 974.00 $ 2,693.00
Reception $ 2,315.00 $ 2,315.00
Ticket Sales $ 50,986.00 $ 58,459.00 $ 51,432.00 $ 160,877.00
Total Income $ 96,337.00 $6,500.00 $ 80,247.00 $ 74,055.00 $ 257,139.00
Direct Concert Expenses
Advertising/Marketing $ 6,093.00 $ $ 12,247.00 $ 7,147.00 $ 25,487.00
Artist Expenses $ 3,284.00 $ 338.00 $ 368.00 $ 3,990.00
Artist Fees $ 30,030.00 $ 4,500.00 $ 35,000.00 $ 27,200.00 $ 96,730.00
Guest Conductor $ 4,500.00 $ 4,500.00
Orchestra $ 25,503.00 $ 25,503.00
Stage Manager $ 400.00 $ 400.00
Equipment Rental $ 4,398.00 $ 1,050.00 $ 2,120.00 $ 125.00 $ 7,693.00
Bulkmaillpostage $ 622.00 $ 265.00 $ 463.00 $ 1,350.00
Historical Recording $ 307.00 $ 150.00 $ 457.00
Miscellaneous $ 287.00 $ 130.00 $ 104.00 $ 232.00 $ 753.00
Program Book $ 2,059.00 $ $ 1,671.00 $ 1,552.00 $ 5,282.00
Sound Tech $ 1,000.00 $ 1,000.00
Stagehands $ 3,979.00 $ 2,182.00 $ 4,705.00 .$ 2,507.00 $ 13,373.00
Misc Printing $ 399.00 $ 377.00 $ 592.00 $ 1,368.00
Theatre Rental $ 3,385.00 $ 1,225.00 $ 3,385.00 $ 3,385.00 $ 11,380.00
California Room $ 600.00 $ 500.00 $ 500.00 $ 1,600.00
Caterer $ 2,078.00 $ 295.00 $ 456.00 $ 318.00 $ 3,147.00
Direct Subtotal $ 87,924.00 $ 10,032.00 $ 61,668.00 $ 44,389.00 $ 204,013.00
Operational Expenses
Credit Card Fees $ 998.00 $ $ 2,460.00 $ 1,338.00 $ 4,796.00
Insurance $ 515.00 $ $ 515.00 $ 155.00 $ 1,185.00
Miscellaneous $ 79.00 $ $ 79.00 $ 158.00
Office Equip/Supplies $ 58.00 $ $ 58.00 $ 392.00 $ 508.00
Office Rent $ 275.00 $ 275.00 $ 1,100.00 $ 1,650.00
Payroll Processing $ 152.00 $ $ 152.00 $ 692.00 $ 996.00
Payroll Taxes '$ 1,404.00 $ $ 1,404.00 $ 5,615.00 $ 8,423.00
Phonelfax $ 273.00 $ $ 273.00 $ 1,216.00 $ 1,762.00
Salaries $ 3,862.00 $ 3,862.00 $ 12,644.00 $ 20,368.00
Operational Subtotal $ 7,616.00 $ $ 9,078.00 $ 23,152.00 $ 39,846.00
Total Expenses $ 95,540.00 $ 70,746.00 $ 67,541.00 $ 233,827.00
Net Income/(Ioss) $797.00 ( -$3,532) $ 9,501.00 $ 6,514.00 $16,812.00
Page 10
Proposed Budget for 2008-2009
Recuerdos Student Mariachi Clnco de Mayo Annual
Concert Christmas Madres Total
l-Nov-08 12-Dec-08 13-Dec-08 2-May-09
Income
Advertising $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 7,500.00
Grants
Handling Fee $ 600.00 $ 600.00 $ 600.00 $ 1,800.00
Sponsors $ 4,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 $ 17,000.00
Ticket Sales $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 150,000.00
Total Income $ 57,100.00 $ 5,000.00 $ 57,100.00 $ 57,100.00 $ 176,300.00
Direct Concert Expenses
Advertising/Marketing $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 22,500.00
Artist Expenses $ 1,500.00 $ 500.00 $ 500.00 $ 2,500.00
Artist Fees $ 27,000.00 $ 6,000.00 $ 18,000.00 $ 27,000.00 $ 78,000.00
Equipment Rental $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 4,000.00
Concert Helper $ 200.00 $ 200.00 $ 200.00 $ 600.00
BulkmaiVpostage $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 4,500.00
Decorations $ 200.00 $ 200.00 $ 200.00 $ 600.00
Miscellaneous $ 500.00 $ 500.00 $ 500.00 $ 1,500.00
Program Book $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 6,750.00
Sound System $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00
Stagehands $ 3,000.00 $ 2,000.00 $ 3,000.00 $ 3,000.00 $ 11,000.00
Misc Printing $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00
Theatre Rental $ 2,885.00 $ 2,885.00 $ 2,885.00 $ 2,885.00 $ 11,540.00
Direct Subtotal $ 49,535.00 $ 11 ,885.00 $ 39,535.00 $ 48,535.00 $ 149,490.00
Operational Expenses
Credit Card Fees $ 1,338.00 $ 1,338.00 $ 1,338.00 $ 4,014.00
Insurance $ 884.00 $ 884.00 $ 884.00 $ 2,654.00
Miscellaneous $ 430.00 $ 430.00 $ 430.00 $ 1,290.00
Office Equip/Supplies $ 307.00 $ 307.00 $ 307.00 $ 921.00
Office Rent $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 3,300.00
Payroll Processing $ 566.00 $ 566.00 $ 566.00 $ 1,698.00
Payroll Taxes $ 5,223.00 $ 5,223.00 $ 5,223.00 $ 15,669.00
Phone/fax $ 799.00 $ 799.00 $ 799.00 $ 2,397.00
Salaries $ 14,404.00 $ 14,404.00 $ 14,404.00 $ 43,212.00
Operational Subtotal $ 25,051.00 $ 25,051.00 $ 25,051.00 $ 75,153.00
Total Expenses $ 74,586.00 $ 11,885.00 $ 64,586.00 $ 73,586.00 $ 224,643.00
Net Income/(Ioss) (-$17,486.00) (-$6,885.00) (-$7,486.00) (-$16,486.00) (-$48,343.00)
Page 11
..
-
m
February I, 2008
Mr. Anthony Bocanegra
Executive Director
Sinfonia Mexicana
562 West Fourth Street
San Bernardino, CA 92401
Dear Mr. Bocanegra:
Thank you for your interest in Union Pacific Foundation. We have carefully considered your request
for support in 2008 and regrettably are unable to provide financial assistance.
We receive many requests for support and, unfortunately, our limited budget does not provide the
opportunity to support all the worthy organizations that request our help. This is not a reflection on
the worthiness of your request, but rather the difficulty in making funding decisions.
We recognize your organization as an important community resource and regret that we are unable to
assist with your funding request.
Sincerely,
~
Darlynn Myers
Director
UNION PACIFIC FOUNDATION 1400 Douglas St. STOP 1560 Omaha, NE 68179 ph. (402) 544-5600 upf@up.com www.up.com/found
\",
"''''''1,' f'\FT~'t<161'F".t..~""""",S):.<: ',J1;;"'k, ["(1"'1'11,,.1 T.~,f,~,,<'t,
. .." ..... ',<, ",.<.,' _': ~~j:ommu~~'liilJl \~1\. .
Thank you for your application requesting a Target Plaza South "p<."j!. ~
contribution from the Target s\1fri,s'ic<linlii'uiiltY:,,::r1;pO'l':ptiBplle,EM,11 ~11.~1 ~ fW''1;,'" {,.
. . .Minneapolis, MN 55 ,3';;-'0 ~ " l~~ ,~t~.l; lk !{:tJ: ~
GIvIng Program. We regret that we are unable Jit.: ~"o;,~,,~.., - . - 't"l,~~Jl
to provide support. at this time. We are declining
your request not because your program is
unneeded or undervalued, but simply our
funding is lim.ited.
"0
.
>
Find out more about our community giving
,programs online. From our homepage at
target.com, dick on "Community Giving,"
then "Local Giving."
T05; no.tcni 6. ~lQ)Ci Cr.!..flO-
<;"",:}. wejf 1/f'I1Slre<.f-
,"Xm "'&rftCt-,d,flt) CA 'i2f.()/
, .
We appreciate your interest in our community
giving program and extend our best wishes for
your success.
-1
()
tI /1'
,
Sincerely,
Target Stores
t.' .'
,.
_ . F;;23,6.Q.3 (R~o 12pl2.1 . _
.Ul-tl::.tlU l_dlU
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Page 13
..
Alliance Jor California Traditional Arts
December 5, 2007
Anthony Bocanegra, Executive Director
Sinfonia Mexicana
526 West 4th Street
San Bernadino, CA 92401
Dear Anthony,
Thank you for your recent proposal to Round 3 of the Living Cultures Grants Program of the
Alliance for California Traditional Arts, in partnership with the Walter and Elise Haas Fund,
the William and Flora Hewlett Foundation, and the James Irvine Foundation.
Unfortunately, your proposal was not among the ones selected for fimding in this round.
There were a great number of worthy requests and the review panel was faced with many
difficult decisions. Of the 110 applications we received, only 42 were fimded.
Please consult our website, www.actaonline.org, for information regarding the next round of
the Living Cultures Grants Program, as well as links to other sources of information for
funding for the traditional arts. You may also want to consider pursuing contracts from the
AJliance's other two core programs, the Apprenticeship Program and the Traditional Arts
Development Program. Our monthly e-newsletter, The New Moon, is also a good source of
information for learning about traditional art events and opportunities tlrroughout the state.
We encourage you to subscribe to our e-newsletter by visiting www.actaonline.org.
Please contact Lily Kharrazi, Living Cultures Grants Program Manager, at (415) 561-7893 or
lilvk@actoanline.org" if you would like feedback before you apply to the next round of this
program, in order to discuss the best possible strategies for presenting your organization's
work. .
While we are not able to support your request at this time, we wish you success in pursuing
your work in traditional arts.
Sincerely,
{{,",O l~
Amy Kitchener
Executive Director
',',;,1245 van ness avenue fresno california 93721 :i li':ioi-,r559 237 98'12 5592379814
'\.",',>' the presidio p.o. box 29096 san francisco california 94129 I i'!.h'! I,~""" 415 561 7894
info@actaonline.org \,"1::\ www.actaonline.org
Page 14
"
1
AGREEMENT
2
Fine Arts Funding
3
4
THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
5
municipal corporation, referred to as "City" and the Sinfonia Mexicana, a non-profit
organization, referred to as "Organization,"
The parties agree as follows:
6
7
8
I.
Recitals,
9
A
Organization has requested financial assistance from City for fiscal year
10 2008-09, in order to assist in defraying the expense of certain concerts, shows, festivals,
11 events, or activities sponsored by Organization as set forth in Organization's grant proposal
12 (hereinafter "the proposal") approved by the Fine Arts Commission of the City, A copy of
13 said proposal is on file in the Mayor's Office of Cultural Affairs, The financial assistance
14 provided for in this Agreement is made on a one-time only basis, and receipt of said funds
15 shall not imply a continuing obligation of the City beyond the terms of this Agreement.
16
B.
The expenditure is for a valid municipal public purpose, to wit: for the
17 promotion of art appreciation in San Bernardino, as more fully set forth in the proposal
18 submitted by Organization,
19
2.
Pavrnent.
20 Upon presentation of a claim to the City Manager's Office, City shall pay to
21 Organization from the budget for the 2008-09 fiscal year, the total sum of $32,500.00 dollars,
22 to cover the costs per Fine Arts grant application agreement.
23
3.
Use of Funds,
24 The funds paid to Organization shall be used solely for the purposes set forth in
25 Paragraph I and in strict compliance with the provisions set forth in the agreement. No
26 deviation from the agreement shall be made without the written approval of the City of San
27 Bernardino, Said funds shall be expended by June 30, 2009, and any unexpended funds shall
28 be returned to City by Organization.
,-vco-tu ,t/tlrZ-I/J1U}j; ~
Cf/zCf'tJcf'
~ .
9
10
11
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1
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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4. Accounting. Within 20 days after the completion of the event, the
Organization shall submit to the City Manager's Office, with a copy to the Director of
Finance, an accounting of the actual expenditures connected with said event( s) as it relates to
the fnnds which were provided by the City. Financial records shall be maintained in
accordance with generally accepted accounting principles by Organization in such 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. Failure to submit the financial records in accordance with this
section will result in the Organization reimbursing the funds to the City.
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5.
Hold Harmless.
13 Organization covenants and agrees to defend, indemnify, and hold harmless the City of
14 San Bernardino, its elective and appointive boards, commissions, officers, attorneys, agents
15 and employees from all liabilities and charges, expenses (including attorney fees), suits or
16 losses however occurring, or damages arising or growing out of the use or receipt of the funds
17 paid hereunder and all operations under this agreement. Payments hereunder are made with
18 the understanding that the City is not involved in the performance of services or other
19 activities of Organization. Organization and its employees and agents are independent
2 0 contractors and are not employees or agents of the City in performing said services.
21 Organization further warrants that it has secured all rights and permissions to perform any
22 works of intellectual property publicly or use any names, marks, or trade names, including any
23 licenses necessary, to use any intellectual property, including, but not limited to, any works
24 protected by state and federal statutory and common law copyright, right of publicity, and
25 trademark/unfair competition laws, or any other proprietary rights.
26 Organization agrees to indemnify, hold harmless, and defend the City of San
27 Bernardino, including its employees, contractors, and agents, from and against any claims or
28 lawsuits, including costs, expenses, and attorney's fees, that arise or result from any allegation
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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of intellectual property infringement by organization.
The costs, salary and expenses of the City Attorney and members of his office in
enforcing this agreement on behalf of the City shall be considered as "attorney fees" for the
purposes of this paragraph.
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
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 funds provided by City
shall be returned to City. In addition, Organization shall reimburse to City any funds
expended which were used for any purpose other than those authorized under this Agreement.
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7.
Assignment. Organization shall not assign its interest in this Agreement
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8.
Organization shall take out and maintain during the life of this
Insurance.
17 Agreement such public liability and property damage insurance, naming the City and its
18 elective and appointive boards, commissions, officers, attorneys, agents and employees as
19 additional insured by Organization and its agents performing acts covered by this Agreement
2 0 from the claims for personal injury, including death, as well as from claims for property
21 damage which may arise from Organization's or its agents' operation hereunder, whether such
22 operations be by Organization or its agent or by anyone directly or indirectly employed by
23 either Organization or its agents, and the amounts of such insurance shall be as follows:
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(a)
Public Liability Insurance. In an amount not less than $1,000,000 for if\iuries,
25 including, but not limited to, death, to any person, and subject to the same limit for each
26 person, in an amount not less than $100,000 on account of anyone occurrence.
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(b)
Property Damage Insurance. In an amount not less than $50,000 for damage to
28 the property of each person on account of an occurrence.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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(c)
Workers Compensation. Organization shall provide worker compensation
4 insurance in the amount required by state law if the funds provided hereunder are to be paid as
5 a salary to any employee of organization. Organization shall require that all rights of
6 subrogation under such policy of workers compensation insurance shall be waived as to City.
7 City shall be set forth as an additional named insured in each policy of insurance provided
8 hereunder.
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(d)
The Certificate of Insurance furnished to the City shall require the insurer to
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Obligation.
12 Organization hereby covenants that it has taken all actions necessary to make the
13 adherence to the obligations imposed by this agreement a binding obligation of the
14 organization.
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10.
Notices.
16 All notices herein required shall be in writing and delivered in person or sent by
17 certified mail, postage prepaid addressed as follows:
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As to City:
Mayor's Office
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
As to Organization:
Anthony Bocanegra, President
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
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Entire Agreement.
This Agreement and any other 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.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA FOR THE PROMOTION OF THE ARTS AND CULTURE.
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12.
Non-Discrimination.
4 Organization agrees that for the term of this Agreement it shall not discriminate in
5 employment recruitment, hiring, admission practices, and advertising or in any other manner
6 on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital
7 status.
8 CITY OF SAN BERNARDINO
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Date:
Lori Sassoon, Acting City Manager
ATTEST:
Rachel G. Clark, City Clerk
SINFONIA MEXICANA
By:
Anthony Bocanegra, President
Approved as to form:
James F. Penman, City Attorney
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