HomeMy WebLinkAbout21- Mayor's Office .CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $5,000 to Canto Bello
Dept: Office of the Mayor j4yrale
Date: October 2, 1997
C
Synopsis of Previous Council Action:
1996: Resolution #96-313 approved ($4,500)
1995: it 95-319 ( 5,000)
1994: if 94-312 (15,000) OCT
1993 it 93-448 (10,000)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
4' Signature
Contact person: jean Andersen Phone: ext. 5114
Supporting data attached: ,yes Ward:
FUNDING REQUIREMENTS: Amount: $5,000
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
1,
Finance: ="
Council Notes:
12tsr/d�u�► �'S n�c� D�-
Res 97- /Oho/97
#a/
RESOLUTION NUMBERS
21A - Res 97-316 - Canto Bello Chorale
21B - Res 97-317 - San Bernardino Valley Community Concert Association
21C - Res 97-318 - Inland Dance Theatres
21D - Res 97-319 - Junior University
21E - Res 97-320 - Metropolitan Opera National Council Auditions
21F - Res 97-321 - Prime Time Choraliers
21G - Res 97-322 - Sinfoniz Mexicana Society
21H - Res 97-323 - Stage One Players
21I - Res 97-324 - San Bernardino Cymphony Orchestra
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS CODMISSION
APPLICANT: CANTO BELLO CHORALE
The Canto Bello Chorale is a growing ensemble chorale that provides
a consistent repertory of classical choral works to the City of San
Bernardino, as well as the surrounding Inland Empire. The Chorale
hires the San Bernardino Symphony as their accompanying orchestra.
They also perform with the Symphony as part of the symphony concert
season.
Additionally, they hire top soloists from the Inland Empire,
including many who have performed in major forums including the Los
Angeles Opera. This year the Chorale will also increase its
collaboration with other choral organizations, including San
Bernardino Valley College.
Estimated attendance/participants: 4, 900
Number of performances : 7
Estimated costs: $46, 453
Estimated income $41, 453
The grant request was for $5, 0000 and the Fine Arts Commission
recommends approval of a grant in the amount of $5, 000 .
75-0264
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1 AGREEMENT
2 Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
�I
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the CANTO BELLO CHORALE, a non-profit organization, referred
6 to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B. The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
F
1 budget for the 1997-98 fiscal year, the total sum of $5 , 000
i 2 dollars, to cover the costs per the Fine Arts grant
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurr in g, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
t 14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1 , 000 , 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as-an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
V4 27 termination in the policy.
28
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E 1 9 . Obligation . Organization hereby covenants that it
2 has taken all actions necessary to make the adherence to the
i
j 3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Charles Bradley, Exec . Dir.
City of San Bernardino Canto Bello Chorale
10 300 North "D" St . P.O. Box 1627
San Bernardino, CA 92418 San Bernardino, CA 92402
11
12 11 . Entire Agreement . This Agreement and any documents
13 or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
hereto, and supersede all negotiations and prior writing in
16 respect to the subject matter hereof . In the event of
17
conflict between the terms, conditions or provisions of this
18 Agreement , and any such document or instrument , the terms and
19
conditions of this Agreement shall prevail .
20 12 . Non-Discrimination. Organization agrees that for
21
the term of this Agreement it shall not discriminate in
22
23 employment, recruitment, hiring, admission practices,
24 advertising or in any other manner on the basis of race,
25 color, creed, religion, national origin, sex, physical
26 handicap, or marital status .
27 DATED:
28
-5-
AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE CANTO BELLO
1 CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE .
3 CITY OF SAN BERNARDINO
4
5
Tom Minor, Mayor
6
7
8 ATTEST:
City Clerk
9
10 ORGANIZATION
11
Approved as to form
12 and legal content :
13 JAMES F. PENMAN
14 City Attorney
15
16 By: +;
17
i -
18
19
20
21
22
23
24
25
26
27
28
-6-
CITTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $16,500 to the San
Dept: Office of the Mayor Bernardino Valley Community Concert
association
Date: October 2, 1997 C"?101&*
Synopsis of Previous Council Action:
1996: Resolution #96-322 approved ($14,500)
1995: if 95-321 ( 17,500) OCT 9 X99%
1994: 94-310 ( 20,000)
1993 it 93-419 ( 20,000)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $16,500
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE TS
r,
Finance: -
Council Notes:
Res 97---3i 7
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�a��
CITY'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
This is the 59th year the Community Concert Association has been in
existence. It is the oldest continuing performing arts association
in the Valley and is the only one in the Inland Empire presenting
world and nationally recognized professional musical artists and
dance groups in concert. The program for this season consists of:
Epic Brass, Zvi Plesser, New York Theater Ballet, American Chamber
Players and Colorado Children' s Choral. Two free Youth Concerts
for elementary school children of the city and county are scheduled
and expected to serve approximately 3, 500 students.
Memberships are sold by season only. Free tickets are given to
senior citizens, Lighthouse for the Blind members, and students of
all ages . Concerts are presented at the California Theatre.
Estimated attendance/participants: 7, 000
Number of performances: 7
Estimated costs: $71, 090
Estimated income: $51, 006
The grant request was for $17, 500 and the Fine Arts Commission
recommends approval of a grant in the amount of $16, 500 .
75-0264
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1 AGREEMENT
2 Fine Arts Funding
P
3 THIS AGREEMENT is entered into between the CITY OF SAN
i
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, a
6 non-profit organization, referred to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation. of the City beyond the terms of
21 this Agreement .
22 B . The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
1 budget for the 1997-98 fiscal year, the total sum of $16 , 500
2 dollars, to cover the costs per the Fine Arts grant
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30, 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 S . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
I
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
F 2
occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
j 8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
14
of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City. -
24 g . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
r 27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1, 000 , 000 for injuries, including, but not limited to,
I
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
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1 9 . Obligation. Organization hereby covenants that it
2 has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Ernest F . Garcia, Grants Chmn.
City of San Bernardino Community Concert Assn.
10 300 North "D" St . P.O. Box 377
San Bernardino, CA 92418 San Bernardino, CA 92402
11
12
11 . Entire Agreement . This Agreement and any documents
13
or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
16 hereto, and supersede all negotiations and prior writing in
17 respect to the subject matter hereof . In the event of
18 conflict between the terms, conditions or provisions of this
19 Agreement , and any such document or instrument , the terms and
20 conditions of this Agreement shall prevail .
21 12 . Non-Discrimination. Organization agrees that for
22 the term of this Agreement it shall not discriminate in
23 employment, recruitment, hiring, admission practices,
24 advertising or in any other manner on the basis of race,
25 color, creed, religion, national origin, sex, physical
26 handicap, or marital status .
27 DATED:
28
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1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE
- 2 PROMOTION OF THE ARTS AND CULTURE .
3 CITY OF SAN BERNARDINO
4
5
6 Tom Minor, Mayor
7
8
ATTEST :
9 City Clerk
10
ORGANIZATION
11
12 Approved as to form
and legal content :
13
JAMES F. PENMAN
14 City Attorney
15
16 By:
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $17,500 to the Inland
Dept: Office of the Mayor ,dare Theatres, Inc.
Date: October 2 1997 co r� Jwa
Synopsis of Previous Council Action:
1996: Resolution #96-315 approved ($14,000)
1995: 95-323 ( 15,000)
1994: 94-305 ( 12,000) (1
1993: 93-421 ( 22,000) OGT
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $17,500
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
,
Finance:—' ->0411
Council Notes:
Res 97- 3
�a�c
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: INLAND DANCE THEATRES, INC.
This will be the 22nd year "Nutcracker" will be produced by the
Inland Dance Theatres, Inc. Over 100, 000 school children have seen
'Nutcracker" during the past 21 years bring ballet, music and a
live performance into their lives. For the past four years, an
additional performance for the Inland Empire Girl Scout Council and
their families has been given and is now a yearly tradition.
The cast is mostly local talent, which not only gives area children
a showcase to present their talent but provides a first experience
in a performing arts theater for many children. Many of the
performers go on to work with some of the country' s best known
ballet companies . Free admission is provided to 4500 people.
Estimated attendance/participants: 11, 000
Number of performances: 6
Estimated costs : $85, 700
Estimated income: $65,700
The grant request was for $20, 000 and the Fine Arts Commission
recommends approval of a grant in the amount of $17, 500 .
75-0264
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1 AGREEMENT
2 Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the INLAND DANCE THEATRES, INC. , a non-profit organization,
6 referred to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
= 9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B . The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
1 budget for the 1997-98 fiscal year, the total sum of $17, 500
2 dollars, to cover the costs per the Fine Arts grant
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
i
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
s 27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
I
13 and this agreement shall terminate ten days after the mailing
14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City. --
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1,000 , 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
I
13 any one occurrence ;
14
(b) Property Damage Insurance . In an amount of not less
15 than $50, 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
-4-
1 9 . Obligation. Organization hereby covenants that it
2 has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 9 City Administrator Jean Roche, President
City of San Bernardino Inland Dance Theatres, Inc .
10 300 North "D" St . P.O. Box 3691
San Bernardino, CA 92418 San Bernardino, CA 92413
11
12
13 11 . Entire Agreement . This Agreement and any documents
14 or instruments attached hereto or referred to herein integrate
15 all terms and conditions mentioned herein or incidental
16 hereto, and supersede all negotiations and prior writing in
17 respect to the subject matter hereof . In the event of
18 conflict between the terms, conditions or provisions of this
19 Agreement , and any such document or instrument , the terms and
20 conditions of this Agreement shall prevail .
12 . Non-Discrimination. Organization agrees that for
21
22 the term of this Agreement it shall not discriminate in
23 employment , recruitment , hiring, admission practices,
24 advertising or in any other manner on the basis of race,
25 color, creed, religion, national origin, sex, physical
26 handicap, or marital status .
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANCE
THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE .
2
CITY OF SAN BERNARDINO
3
4
5 Tom Minor, Mayor
6
7
ATTEST:
8 City Clerk
9
ORGANIZATION
10
11 Approved as to form
12 and legal content :
JAMES F. PENMAN
13 City Attorney
14 ,
15 By:
16
17
18
19
20
21
22
23 _
24
25
26
27
28
-6-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $12,500 to the Junior
Dept: Office of the Mayor Vniversity of San Bernardino, Inc.
Date: October 2, 1997
oil 7,/0/ v114a r
Synopsis of Previous Council Action:
1996: Resolution #96-316 approved ($ 9,500)
1995: it 95-316 ( 11,000)
1994: 94-307 ( 11,000) ffl i
1992: if 92-486 ( 15,000)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
/ Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $12,500
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance*
Council Notes:
Notes•
Res 97- 3m
io a Olq'7
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: JUNIOR UNIVERSITY
Junior University is entering its 36th season and plans to present
a production of William R. Dixon' s original adaptation of either
"Snow White" or "Mary Poppins. " As many as 300 young people will
be involved in all aspects of theatrical production and live
orchestra.
Junior University offers low cost, live musical theater suitable
for family audiences. At least 10, 000 coupons good for a free
child' s admission are given away. No-cost tickets are provided to
clients of Goodwill Industries, San Bernardino Parks and Recreation
Dept. , Center for Individuals with Disabilities, Easter Seals After
School program and San Bernardino Adult School Students with
Disabilities. JU also offers a senior citizen discount and a
student discount to college age youth.
Estimated attendance/participants: 16, 000
Number of performances : 14
Estimated costs: $123, 330
Estimated income: $108, 550
The grant request was for $14,780 and the Fine Arts Commission
recommends approval of a grant in the amount of $12, 500 .
75-0264
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J
1 AGREEMENT
2
Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
II
4 BERNARDINO, a municipal corporation, referred to as "City" and
I
5 the JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. , a non-profit
i
6 organization, referred to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B. The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
1 budget for the 1997-98 fiscal year, the total sum of $12 , 500
2 to cover the costs per the Fine Arts grant
dollars, p
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
4
16 City. Financial records shall be maintained in accordance
f
17 with generally accepted accounting principles by Organization
C 18 in such manner as to permit City to easily trace the
i
19 expenditures of the funds . All books and records of
I
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
i,
I
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
I
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1, 000 , 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
-4-
1 9 . Obligation. Organization hereby covenants that it
2 has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Jeff Grande, General Mgr.
City of San Bernardino Junior University
10 300 North "D" St . P .O. Box 6471
San Bernardino, CA 92418 San Bernardino, CA 92412
11
12 11 . Entire Agreement . This Agreement and any documents
13 or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15 hereto, and supersede all negotiations and prior writing in
16 respect to the subject matter hereof . In the event of
17
conflict between the terms, conditions or provisions of this
18
Agreement, and any such document or instrument, the terms and
19 conditions of this Agreement shall prevail .
20 12 . Non-Discrimination. Organization agrees that for
21 the term of this Agreement it shall not discriminate in
22
employment , recruitment , hiring, admission practices,
23 advertising or in -any other manner on the basis of race,
24
color, creed, religion, national origin, sex, physical
25
handicap, or marital status .
26
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE JUNIOR
2 UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE
ARTS AND CULTURE .
3 CITY OF SAN BERNARDINO
4
5
6 Tom Minor, Mayor
7
8 ATTEST:
9 City Clerk
10 ORGANIZATION
11
12 Approved as to form
and legal content :
13 JAMES F. PENMAN
14 City Attorney
15 i1
16 By= .�� ;
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $3,000 to the
Dept: Office of the Mayor Metropolitan Opera National Council Auditions
Date: October 2, 1997
Synopsis of Previous Council Action: t
1996: Resolution #96-317 approved ($ 2,000)
1995: 11 95-311 ( 2,500) OG'J'
1994: if 94-306 ( 2,000)
1993: it 93-445 ( 2,500)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $3,000
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance• f-7
Council Notes:—
Res 97- 31A0
CITY,OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: METROPOLITAN OPERA NATIONAL COUNCIL
AUDITIONS - WESTERN REGION
The Metropolitan Opera Auditions, San Bernardino-Riverside Counties
District, is one of six Districts representing the Western Region
of the Metropolitan Opera National Council Auditions. Its purpose
is to find exceptionally talented opera singers and to assist in
their development as well as discover new talent for the
metropolitan Opera. Additionally, it searches for possible
participants in the Young Artists Development Program of the
metropolitan Opera Assn.
The local auditions give singers an opportunity to be heard and
encouraged in their careers and provides contacts with producers
and directors in the vocal concert community. Several of the
previous winners have gone on to successful professional careers
with various national and international opera companies .
Winners of the local auditions are sent to Los Angeles and required
to stay there for one or two nights during the Regional Auditions.
A master Class if also held at Valley College for the participants
and is conducted by a major vocal authority as clinician.
Estimated attendance/participants : 300
Number of performances: 3
Estimated costs : $8, 180
Estimated income: $4, 680
The grant request was for $3, 500 and the Fine Arts Commission
recommends approval of a grant in the amount of $3, 000 .
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A
S
1 AGREEMENT
2 Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS, a non-
6 profit organization, referred to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
3
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B . The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
I budget for the 1997-98 fiscal year, the total sum of $3 , 000
2 cover the costs per the Fine Arts rant
dollars, to p g
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14
accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1 , 000, 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
-4-
1 9 . obligation. Organization hereby covenants that it
2
has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Gwendolyn Roberts
City of San Bernardino Metropolitan Opera Auditions
10 300 North "D" St . 1898 Genevieve St .
San Bernardino, CA 92418 San Bernardino, CA 92405
11
12 11 . Entire Agreement . This Agreement and any documents
13 or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
hereto, and supersede all negotiations and prior writing in
16 respect to the subject matter hereof . In the event of
17
conflict between the terms, conditions or provisions of this
18
Agreement, and any such document or instrument , the terms and
19 conditions of this Agreement shall prevail .
20 12 . Non-Discrimination. Organization agrees that for
21 the term of this Agreement it shall not discriminate in
22
employment , recruitment, hiring, admission practices,
23
advertising or in- any other manner on the basis of race,
24
color, creed, religion, national origin, sex, physical
25
handicap, or marital status .
26
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE METROPOLITAN
OPERA NATIONAL COUNCIL AUDITIONS FOR THE PROMOTION OF THE ARTS
2 AND CULTURE .
3 CITY OF SAN BERNARDINO
4
5
Tom Minor, Mayor
6
7
8 ATTEST:
City Clerk
9
10 ORGANIZATION
11
Approved as to form
12 and legal content :
13 JAMES F. PENMAN
City Attorney
� 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $1,300 to the Prime
Dept: Office of the Mayor Time Choraliers
Date: October 2, 1997
Synopsis of Previous Council Action:
1996: Resolution #96-319 approved ($ 1,000)
1995: if 95-312 ( 1,500)
1994: it 94-304 ( 1,500)
1993: it 93-446 ( 2,500)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
/ Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $1,300
Source:(Acct. No.) 001-091-5185
Acct. Description) FIN ARTS
Finance: L7 `
Council Notes:
Res 97- 3A I
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: PRIME TIME CHORALIERS
The Prime Time Choraliers is an organization composed of senior
citizens from the San Bernardino area offering appropriate
expression of music in the lives of its members, church clubs, as
well as social and civic groups . The average age of the group is
75 years . The chorus was formed in 1986 as an outgrowth of AARP
2083 .
Estimated attendance/participants: 2, 500
Number of performances: 38
Estimated costs : $9, 181
Estimated income: $3, 600
The grant request was for $1, 450 and the Fine Arts Commission
recommends approval of a grant in the amount of $1, 300 .
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1 AGREEMENT
2 Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the PRIME TIME CHORALIERS, a non-profit organization, referred
6 to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B. The expenditure is for a valid municipal public
23 purpose, to wit : -for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
-1-
1 budget for the 1997-98 fiscal year, the total sum of $1, 300
2 dollars, to cover the costs per the Fine Arts grant
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 S . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1, 000 , 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
-4-
1 9 . Obligation. Organization hereby covenants that it
2 has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Jack Henley, President
City of San Bernardino Prime Time Choraliers
10 300 North "D" St . 337 W. 40th St .
San Bernardino, CA 92418 San Bernardino, CA 92407
11
12 11 . Entire Agreement . This Agreement and any documents
13 or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
hereto, and supersede all negotiations and prior writing in
16 respect to the subject matter hereof . In the event of
17
conflict between the terms, conditions or provisions of this
18
Agreement , and any such document or instrument, the terms and
19
conditions of this Agreement shall prevail .
k 20 12 . Non-Discrimination. Organization agrees that for
i 21
the term of this Agreement it shall not discriminate in
22
employment, recruitment, hiring, admission practices,
23 -
advertising or in any other manner on the basis of race,
24
color, creed, religion, national origin, sex, physical
25
handicap, or marital status .
26
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE PRIME TIME
CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE .
2
CITY OF SAN BERNARDINO
3
4
5 Tom Minor, Mayor
6
7
ATTEST :
8 City Clerk
9
ORGANIZATION
10
11 Approved as to form
12 and legal content :
JAMES F. PENMAN
13 City Attorney
14
15 By:
16
17
18
19
20
21
22
23
24
j 25
26
27
28
-6-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $20,000 to the
Dept: Office of the Mayor Sj4 is Mexicana Society
Date: October 2, 1997
y #i
Synopsis of Previous Council Action:
1996: Resolution #96-323 approved ($12,500)
1995: V1 95-314 ( 14,000)
1994: 94-302 ( 15,000)
1993: 93-422 ( 20,000)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
/ Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $20,000
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance:
Council Notes:
Res 97- 522-
t a14
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: SINFONIA MEXICANA SOCIETY
The Sinfonia Mexicana program is an international, collaborative
effort involving the Hispanic community, the government of Mexico,
the City of San Bernardino, and the San Bernardino Symphony. It
was founded thirteen years ago as a means of promoting increased
awareness and appreciation of Mexican music and culture. It also
addresses the need for diverse cultural activities representing our
community' s ethnic diversity.
Estimated attendance/participants: 3, 500
Number of performances: 2
Estimated costs: $148, 200
Estimated income: $113, 000
The grant request was for $35, 200 and the Fine Arts Commission
recommends approval of a grant in the amount of $20, 000 .
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1 AGREEMENT
2 Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the SINFONIA MEXICANA SOCIETY, a non-profit organization,
6 referred to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B . The expenditure is for a valid municipal public
23 purpose, to wit:-for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
1 budget for the 1997-98 fiscal year, the total sum of $20 , 000
v the costs per the Fine Arts rant
2 dollars, to cover p g
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event, the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
I
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24
City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
C
27 employees and agents from all liabilities and charges,
F
28
-2-
i
I
1 expenses (including counsel fees) , suits or losses however
r damages 2 occurring, o arising g or g rowing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
F 14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
E
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
R
19 expended which were used for any purposes other than those
w
20 authorized under this Agreement .
s
21 7 . Assignment . Organization shall not assign its
i
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1 , 000 , 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as -an_ additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
-4-
j 9 . Obligation. Organization hereby covenants that it
2
has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator G. Louis Herz, President
City of San Bernardino Sinfonia Mexicana Society
10 300 North "D" St . 362 W. Court St .
San Bernardino, CA 92418 San Bernardino, CA 92401
11
12 11 . Entire Agreement . This Agreement and any documents
13 or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
hereto, and supersede all negotiations and prior writing in
16 respect to the subject matter hereof . In the event of
17 conflict between the terms, conditions or provisions of this
18 Agreement , and any such document or instrument, the terms and
19
conditions of this Agreement shall prevail .
20 12 . Non-Discrimination. Organization agrees that for
21
the term of this Agreement it shall not discriminate in
22
23 employment, recruitment, hiring, admission practices,
24 advertising or in any other manner on the basis of race,
25 color, creed, religion, national origin, sex, physical
handicap, or marital status .
26
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
CITY OF SAN BERNARDINO
3
4
5 Tom Minor, Mayor
6
7
ATTEST:
8 City Clerk
9
ORGANIZATION
10
11 Approved as to form
and legal content :
12
JAMES F. PENMAN
13 City Attorney
14
15 By: j� / ����•,
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation of the Fine
Arts Commission to grant $8,000 to the Stage
Dept: Office of the Mayor fi t , One Players C Date: October 2 1997 +r r r �'
ji pie_o
Synopsis of Previous Council Action:
1996: Resolution #96-324 approved ($ 3,000)
1995: if 95-315 ( 3,000)
1994: if 94-303 ( 3,500)
1993: it
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
�l I
Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $8,000
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ART S
Finance: F �«
Council Notes:
Res 97- 3,;o
ZIT'�Y OF SAN 13ERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: STAGE ONE PLAYERS
This will be the sixth year the Stage One Players group produces
the Annual Shakespeare-in-the-Square Theater Festival . The group
provides an educational environment in which local residents can
experience classical Shakespearean works for little cost.
Additionally, they will be producing a winter show, "A Christmas
Carol, " and a contemporary spring comedy at Sturges .
Estimated attendance/participants: 4, 400
Number of performances : 32
Estimated costs: $23 ,440
Estimated income: $10, 700
The grant request was for $12, 740 and the Fine Arts Commission
recommends approval of a grant in the amount of $8, 000 .
I
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1 AGREEMENT
2 Fine Arts Funding
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
5 the STAGE ONE PLAYERS, a non-profit organization, referred to
6 as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98 , in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B . The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
1 budget for the 1997-98 fiscal year, the total sum of $8 , 000
2 per the Fine Arts rant
dollars, to cover the costs p g
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30 , 1998 , and any
k 10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event , the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
IL 14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
%L 27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by g this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
6 Organization or its agents or by anyone directly or indirectly
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1, 000, 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence ;
14 (b) Property Damage Insurance . In an amount of not less
15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as—an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
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1 9 . Obligation. Organization hereby covenants that it
all actions necessary 2 has taken Y to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
E
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Ginger Davis, Director
City of San Bernardino Stage One Players (c/o Main St . )
10 300 North "D" St . 201 N. "E" St . #104
San Bernardino, CA 92418 San Bernardino, CA 92401
11
12 11 . Entire Agreement . This Agreement and any documents
13 or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
hereto, and supersede all negotiations and prior writing in
16 respect to the subject matter hereof . In the event of
17
conflict between the terms, conditions or provisions of this
18
Agreement, and any such document or instrument, the terms and
19
conditions of this Agreement shall prevail .
20
12 . Non-Discrimination. Organization agrees that for
21
the term of this Agreement it shall not discriminate in
22
employment, recruitment, hiring, admission practices,
23
advertising or in any other manner on the basis of race,
24
color, creed, religion, national origin, sex, physical
25
handicap, or marital status .
26
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE STAGE ONE
PLAYERS FOR THE PROMOTION OF THE ARTS AND CULTURE .
2
CITY OF SAN BERNARDINO
3
4
5 Tom Minor, Mayor
6
7
ATTEST:
8 City Clerk
9
ORGANIZATION
10
11 Approved as to form
12 and legal content :
JAMES F. PENMAN
13 City Attorney
14
15
By:
16
17
18
19
20
21
22
23
24
25
26
27
28
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1
i
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: can Andersen Fine Arts Liaison Subject: Approve recommend
J � anon of the Fine
1
PP
Arts Commission to grant $64,500 to the San
Dept: Office of the Mayor Bernardino Symphony Orchestra
ORIGINAL
Date: October 2, 1997
Synopsis of Previous Council Action:
1996: Resolution #96-321 approved ($63,000)
1995: it 95-317 ( 63,000)
1994: it 94-308 ( 65,000)
1993: it 93-420 ( 80,000)
Recommended Motion: MAYOR AND COMMON COUNCIL
ADOPT RESOLUTION
Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $64,500
Source:(Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance:
s
Council Notes:
Res 97-
/D �0%7
J� ) 1 17
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: SAN BERNARDINO SYMPHONY ORCHESTRA
The San Bernardino Symphony Orchestra is beginning its 68th season,
making it one of the oldest orchestras in California. Its home
concerts are at the California Theatre and concerts are also given
at the Redlands Bowl and Fallbrook Greens.
The New Years Eve Gala has been expanded and provides more
financial support than any other single fund raising event.
Orchestra members provided free chamber concerts at noon this past
summer in Carousel Mall, giving many citizens a first-time chance
to view professionals playing classical music.
The orchestra contributes much to San Bernardino in artistic
excellence with its concomitant impact on both the esteem of the
city and the furtherance of economic development in the city.
Estimated attendance/participants : 30, 000
Number of performances: 15
Estimated costs : $254, 000
Estimated income: $189, 500
The grant request was for $64, 500 and the Fine Arts Commission
recommend approval of a grant in the amount of $64, 500 .
75-0264
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1 AGREEMENT
2 Fine Arts Funding
i
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" and
I
5 the SAN BERNARDINO SYMPHONY ORCHESTRA, a non-profit
6 organization, referred to as "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1997-98, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization' s grant proposal (hereinafter "the proposal" )
14 approved by the Fine Arts Commission of the City, a copy of
15 which proposal is on file in the Office of Cultural Affairs .
16 The terms of the proposal are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on
19 a one-time only basis, and receipt of said funds shall not
20 imply a continuing obligation of the City beyond the terms of
21 this Agreement .
22 B. The expenditure is for a valid municipal public
23 purpose, to wit : for the promotion of art appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted
25 by Organization.
26 2 . Payment . Upon presentation of a claim to the City
27 Finance Director, City shall pay to Organization from the
28
-1-
1 budget for the 1997-98 fiscal year, the total sum of $64 , 500
2 dollars, to cover the costs per the Fine Arts grant
3 application agreement .
4 3 . Use of Funds . The funds paid to Organization shall
i
5 be used solely for the purposes set forth in Paragraph 1 and
6 in strict compliance with the provisions set forth in the
7 agreement . No deviation from the agreement shall be made
8 without the express approval of the City of San Bernardino.
9 Said funds shall be expended by June 30, 1998 , and any
10 unexpended funds shall be returned to City by Organization.
11 4 . Accounting. Within 20 days after the completion of
12 the event , the Organization shall submit to the City
13 Administrator, with a copy to the Director of Finance an
14 accounting of the actual expenditures connected with said
15 event as it relates to the funds which were provided by the
16 City. Financial records shall be maintained in accordance
17 with generally accepted accounting principles by Organization
18 in such manner as to permit City to easily trace the
19 expenditures of the funds . All books and records of
20 organization are to be kept open for inspection at any time
21 during the business day by the City or its officers or agents .
22 Failure to submit the financial records in accordance with
23 this section will result in the Organization reimbursing the
24 City.
25 5 . Hold Harmless . Organization covenants and agrees to
26 defend, indemnify, and hold harmless the City and its
27 employees and agents from all liabilities and charges,
28
-2-
1 expenses (including counsel fees) , suits or losses however
2 occurring, or damages arising or growing out of the use or
3 receipt of the funds paid hereunder and all operations under
4 this agreement . Payments hereunder are made with the
5 understanding that the City is not involved in the performance
6 of services or other activities of Organization. Organization
7 and its employees and agents are independent contractors and
8 are not employees or agents of the City in performing said
9 services .
10 6 . Termination. City shall have the right to terminate
11 this Agreement and any funding remaining unpaid hereunder for
12 any reason by mailing a ten-day written notice to Organization
13 and this agreement shall terminate ten days after the mailing
14 of such notice . In the event this Agreement is terminated for
15 reasons of improper use of funds or use of funds for any
16 purpose other than those authorized, any unexpended portion of
17 the funds provided by City shall be returned to City. In
18 addition, Organization shall reimburse to City any funds
19 expended which were used for any purposes other than those
20 authorized under this Agreement .
21 7 . Assignment . Organization shall not assign its
22 interest in this Agreement without the prior written approval
23 of City.
24 8 . Insurance . Organization shall take out and
25 maintain during the life of this Agreement such public
26 liability and property damage insurance as shall insure City,
27 its elective and appointive boards, commissions, officers,
28
-3-
1 agents and employees, organization and its agents performing
2 acts covered by g this Agreement from claims for damages for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Organization' s or its
5 agents' operations hereunder, whether such operations be by
i
6 Organization or its agents or by anyone directly or indirectly
E
7 employed by either Organization or its agents, and the amounts
8 of such insurance shall be as follows :
9 (a) Public Liability Insurance . In an amount not less
10 than $1, 000 , 000 for injuries, including, but not limited to,
11 death, to any one person, and subject to the same limit for
12 each person, in an amount not less than $100 , 000 on account of
13 any one occurrence;
C7 14 (b) Property Damage Insurance . In an amount of not less
I
k 15 than $50 , 000 for damage to the property of each person on
16 account of any one occurrence .
17 (c) Workers Compensation. Organization shall provide
18 workers compensation insurance in the amount required by state
19 law if the funds provided hereunder are to be paid as salary
20 to any employee of organization. Organization shall require
21 that all rights of subrogation under such policy of workers
22 compensation insurance shall be waived as to City. City shall
23 be set forth as an additional named insured in each policy of
24 insurance provided hereunder.
25 (d) The Certificate of Insurance furnished to the City
26 shall require the insurer to notify the City of any change or
27 termination in the policy.
28
-4-
1 9 . Obligation. Organization hereby covenants that it
2 has taken all actions necessary to make the adherence to the
3 obligations imposed by this agreement a binding obligation of
4 the organization.
5 10 . Notices . All notices herein required shall be in
6 writing and delivered in person or sent by certified mail,
7 postage prepaid, addressed as follows :
8 As to City: As to Organization:
9 City Administrator Edward G. Hill, Jr. , Pres .
City of San Bernardino S .B. Symphony Orchestra
10 300 North "D" St . 362 W. Court St .
San Bernardino, CA 92418 San Bernardino, CA 92401
11
12
11 . Entire Agreement . This Agreement and any documents
13
or instruments attached hereto or referred to herein integrate
14
all terms and conditions mentioned herein or incidental
15
16 hereto, and supersede all negotiations and prior writing in
17 respect to the subject matter hereof . In the event of
conflict between the terms, conditions or provisions of this
18
19 Agreement , and any such document or instrument , the terms and
20 conditions of this Agreement shall prevail .
21 12 . Non-Discrimination. Organization agrees that for
22 the term of this Agreement it shall not discriminate in
23 employment, recruitment, hiring, admission practices,
24 advertising or in any other manner on the basis of race,
25 color, creed, religion, national origin, sex, physical
26 handicap, or marital status .
27 DATED:
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SAN
g BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE ARTS
2 AND CULTURE .
3 CITY OF SAN BERNARDINO
4
5
Tom Minor, Mayor
6
7
8 ATTEST :
City Clerk
9
10 ORGANIZATION
11
Approved as to form
12 and legal content :
13 JAMES F. PENMAN
City Attorney
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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