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HomeMy WebLinkAbout18-Mayor's Office / I en .' OF SAN BERNARDl ,0 - REQUE. T FOR COUNCIL AC'. ON Date: June 28, 1988 Subject: Recommendation by Fine Arts Commission a Grant to the Civic Light Opera Association - $lA,OOO 1";;::0.:.700 --{'f'q / r From: Thelma Press, Liaison Mayor & Council Mayor's Office Dept: Synopsis of Previous Council action: Recommended motion: Adopt Resolution. ;;UR~Arde Signature Contact person: Thelma Press Phone: 5114 FUNDING REQUIREMENTS: Amount: I~, bb 0:> , Source: (Acct. No.) 00 l b"'l' S-:H..t>> Ward: .;j .--'0 ~ c" _ ov<---, '" Supporting data attached: Yes (Acct. Description) Finance: ~~ Council Notes: jg .6.npnrb I tCUT'l 1\.11"\ 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT 3 OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. 4 5 6 7 8 9 10 11 12 13 14 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Civic Light Opera Association for the promotion of arts and culture, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on , 1988, by the day of the following vote, to wit: 16 AYES: 17 18 NAYS: 19 ABSENT: 20 21 22 23 24 25 26 27 28 City Clerk -1- 1 The foregoing resolution is hereby approved this , 1988. day 2 of 3 4 5 EVLYN WILCOX, Mayor City of San Bernardino Approved as to form 6 and legal content: 7 I) " (~-l~ : (;fy Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ~-~ 1 2 3 4 5 6 7 8 9 AGREEMENT (Fine Arts Funding) THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and CIVIL LIGHT OPERA ASSOCIATION, a non-profit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance Organization's grant proposal (hereinafter "the proposal") 17 18 19 20 21 22 23 24 25 26 27 28 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 arts and culture, as more fully set forth in the proposal submitted by Organization. 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to Organization from the budget for the 1988-1989 fiscal year, the total sum of TWENTY THOUSAND 1 revised 7/18/88 1 DOLLARS ($20,000.00) at such time or times and in such periodic 2 amounts as determined by the City Administrator and Finance 3 Director of the City, consistent with the grant proposal 4 approved by the Fine Arts Commission. 5 3. Use of Funds. The funds paid to Organization shall be 6 used solely for the purposes set forth in Paragraph 1 and in 7 strict compliance with the provisions set forth in the proposal. 8 No deviation from the proposal shall be made without the express 9 approval of the City of San Bernardino. Said funds shall be 10 expended by June 30, 1989, and any unexpended funds shall be 11 returned to City by Organization. It is agreed that such 12 expended monies shall be paid back to the City out of profits 13 from the sponsored activity which is the subject of this 14 agreement 15 4. Accountinq. At such time or times as may be requested 16 by the City Administrator or Director of Finance of City, 17 Organization shall submit to the City Administrator, with a copy 18 to the Director of Finance and the San Bernardino Fine Arts 19 Commission, an accounting of the proposed and actual expenditures 20 of all revenues accruing to the Organization for the fiscal year 21 ending June 30, 1989. Financial records shall be maintained in 22 accordance with generally accepted accounting principles by 23 Organization in such a manner as to permit City to easily trace 24 the expenditures of the funds. All books and records of 25 Organization are to be kept open for inspection at any time 26 during. the business day by the City or its officers or agents. 27 28 2 5. Hold Harmless. Organization covenants and agrees to indemnify and save harmless the City and its employees and agents 3 from all liabilities and charges, expenses (including counsel 4 fees), suits or losses however occurring, or damages arising or 5 growing out of the use or receipt of the funds paid hereunder and 6 all operations under this agreement. Payments hereunder are made 7 with the understanding that the City is not involved in the 8 performance of services or other activities of Organization. 9 Organization and its employees and agents are independent 10 contractors and are not employees or agents of the City in 11 performing said services. 12 6. Termination. City shall have the right to terminate 13 this Agreement and any funding remaining unpaid hereunder for any 14 reason by mailing a ten-day written notice to Organization and 15 this agreement shall terminate ten days after the mailing of such 16 notice. In the event this Agreement is terminated for reasons of 17 improper use of funds or use of funds for any purpose other than 18 those authorized, any unexpended portion of the funds provided by 19 City shall be returned to City. In addition, Organization shall 20 reimburse to City any funds expended which were used for any 21 purposes other than those authorized under this Agreement. 22 7. Assiqnment. Organization shall not assign its interest 23 in this Agreement without the prior written approval of City. 24 8. Insurance. Organization shall take out and maintain 25 during the life of this Agreement such public liability and 26 property damage insurance as shall insure City, its elective and 27 appointive boards, commissions, officers, agents and employees, 28 1 2 3 1 Permittee and its agents performing acts covered by this 2 Agreement from claims for damages for personal injury, including 3 death, as well as from claims for property damage which may arise 4 from Organization's or its agents' operations hereunder, whether 5 such operations be by Organization or its agents or by anyone 6 directly or indirectly employed by either Organization of its 7 agents, and the amounts of such insurance shall be as follows: 8 (a) Public Liability Insurance. In an amount 9 not less than $100,000 for injuries, including, but not limited 10 to, death, to anyone person and, subject to the same limit for 11 each person, in an amount not less than $100,000 on account of 12 anyone occurrence; 13 (b) Property Damage Insurance. In an amount 14 of not less than $50,000 for damage to the property of each 15 person on account of anyone occurrence. 16 9. Entire Aqreement. This Agreement and any documents or 17 instruments attached hereto or referred to herein integrate all 18 terms and conditions mentioned herein or incidental hereto, and 19 supersede all negotiations and prior writing in respect to the 20 subject matter hereof. In the event of conflict between the 21 terms, conditions or provisions of this Agreement, and any such 22 23 24 documents or instrument, the terms and conditions of this Agreement shall prevail. 10. Notices. All notices herein required shall be in 25 writing and delivered in person or sent by certified mail, 26 postage prepaid, addressed as follows: 27 28 4 1 2 3 4 5 6 7 8 City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 DATED: ATTEST: City Clerk 9 10 11 12 13 Approved as to form and legal content: 14 ::c~ 17 18 19 20 21 22 23 24 25 26 27 28 Civic Light Opera Assoc. C. Dale Jenks P.O. Box 606 San Bernardino, CA. 92402 CITY OF SAN BERNARDINO By Evlyn Wilcox, Mayor CIVIL LIGHT OPERA ASSOCIATION By C. Dale Jenks 5 S ~mudino City Fine Arts Commission AppUcant Orpnization ame, ~cIre.. e San Bernardino Civic Light Opera Association P. O. Box 606 San Bernardino, CA 92402 Phane (714) 882-2545 CA StaUO N~Protit 10' 0222141 Number of Years in Eltistence 42 V. Summuy of Project DescriptioN See attachment ORC,. ~~ CRANT Al'PLlCA nON FO, Do Contact Pe...on C. Dale Jen s Tide General Manager Phone(714) 882-2545 . ~ ProIfUll CAtepry Under "hich Support IS Requesteda Music ~JOd of Support Requested ~. P'1l~t. 1988 tartina) thtu July. 1989 <Endina) VI. Esw-ted number of persons expected to benetit from tt\ia prol"am/projec:1J 14,000 ~) Number of persons by paid ~ttendAncel All b) Number of persons by free or comptimen'W}" admisliona Very few, only for promotion YD. Need staUOmena See attachment YUI. inuonded Results: See Attachment TOTAL COSTS OF PROJECT IX. Summary of Estim~ted Costs: See attachment A. Direct Costs Salaries and wages Supplies << Materials Travel Fixed Ass.eu/RentaJ.s or 'Leases Fees and Other B. Indirect Cosa TOTAL DIRECT COSTS TOT AL PROJECT COSTS X. Organization anti~ted funding/expensess See surmnary IX A. E xpen.soes B. Revenues, Granu, Contributions, ete. Actual Most Recent Fisc;.;U Period S S Estim~ted This Fiscal Period S S Xl. Total amount requested from San Bernudino City Fine Aru Commission NOTE: Amol6lt Requested S See Summary IX Plus total revenues, S granu, contributions, ete. Must eq~1 total project $ cosu above XD. CER TIFICA nON I Project Officer D~_Pt.JI'"",""'~ Title ","too Can I3tAnaAdin(} Cifllt LI9hl ((),tAa ct!ss(}t!ali(}n 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAILING ADDRESS: P.O. ROX 606. SAN BERNARDINO, CALIFORNIA 92402 TELEPHONE: AREA CODE 1714) .12'2545 OR 125-9452 RE: ORGANIZATION GRA~T APPLICATION San Bernardino City Fine Arts Commission V. Summary of Project Description The San Bernardino Civic Light Opera Association recognizes the need for additional special, high caliber events for the benefit of all of the people of this area and especially being in concert with the development of the downtown area, i.e., "Main Streetll goals. It has been requested by many merchants and individuals that the Association present a series of "Celebrity Concerts," --...throughout the calendar year. These four events (we are proposing) will be such as: Debbie Reynolds and Donald O'Connor, The New Dave Brubeck Quartet, Leslie Uggams, Trini Lopez, The Rhythm Kings, Chet Atkins, Los Lobos, Mitzi Gaynor, Big Bands, etc. 8an !3PAnaAdti/(J Cit/it: LIIAI (()fiPAa ttfsi(Jda/i(Jn 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAILING ADDRESS: P.O. BOX 6G6. SAN BERNARDINO. CALIFORNIA 92402 TI!!:LEPHONE: AREA CODE (714) 8'2-254' OR 825-9452 RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission VII. Need Statement: This series coupled with all of the other events. such as the Inland Empire Symphony Association, San Bernardino Valley Community Concert Association and San Bernardino Civic Light Opera Association will play an important part in making a marked improvement in the cultural complexion of San Bernardino. Gan /3e/lna/llti;o CttJ/~ Li,J/ (()f;e/la #Sioda/ion 2079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 92405 MAILING ADDRESS: P.O. BOX 606, SAN Bl!!:RNARDINO, CAL.IFORNIA !U402 TELEPHONE: AREA CODE 1714) "Z-2545 OR 125-9452 RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission VIII. Intended Results The intended results are to create a more and varied musical menu for San Bernardino audiences which in turn benefits the City of San Bernardino through attendance from tourists at hotels and people coming to this city and its environs. 8tJnl3eAntJAdti/o Ciflld LI9hl {JfieAtJ #SGo~itJlion Z079 NORTH "E" STREET. SAN BERNARDINO, CALIFORNIA 9Z405 MAILING "OOR'E:SS: P.O. BOX 606, SAN BERNARDINO, CALII""ORNIA 92402 TELEPHONE, AREA CODE (714) '82-254' OR 125-94$2 RE: ORGANIZATION GRANT APPLICATION San Bernardino City Fine Arts Commission IX. Summary of Estimated Costs FINANCIAL SUMMARY OF THIS PROJECT The concerts will be presented at the California Theatre of Performing Arts and will be under the control and produced by San Bernardino Civic Light Opera Association. These celebrity concerts will cost approximately $20,000.00 for each artist and can be more for added performances in one day. The Association (except for the Wurlitzer Organ Rehab- ilitation at the California Theatre) has never requested or received any funds from the City of San Bernardino Fine Arts Commission. We are requesting the sum of $20,000.00 to be used as "seed money" to start this project. All other costs will be borne by San Bernardino Civic Light Opera Association this includes all advertising, theatre staff, etc., involved. The total income for four (4) events times two performances each can reach $260.828.00. The San Bernardino Civic Light Opera Association intends to repay the $20,000.00 grant to the Fine Arts Commission from profits so it can be used for other purposes.