HomeMy WebLinkAbout23- Mayor's Office CITY OF SAN BERN"DING REQUEST F( I COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine
Arts Commission to grant $15 , 000 . 00 to
Dept: Office of the Mayor Canto Bello Chorale .
Date: November 4 , 1993
Synopsis of Previous Council action:
December 7 , 1993 - The Mayor and Common Council approved Resolution
No. 92-447
Recommended motion:
ADOPT RESOLUTION
Signature
Contact person: Tpan Anripr�Pn Phone: ext. 5114
Supporting data attached: vFS Ward: All
FUNDING REQUIREMENTS: Amount: $15 ,000 .00
Source: (Acct. No.) 001-091-53647
Acct. Description)
Finance:
-ouncil Notes:
75-0262
C
FINE ARTS COMMISSION
STAFF REPORT
APPLICANT: CANTO BELLO CHORALE
The Canto Bello Chorale is an ensemble chorale that provides a
repertory of classical choral works to San Bernardino and
surrounding areas. The membership has increased from thirty to
fifty singers this current season. Top soloists from the Inland
Empire are also hired to give local talent the opportunity to
perform. The inland Empire Symphony is hired as the accompanying
orchestra.
With additional funding, they will be able to reach a wider
audience through an increased number of performances of each
concert and by increasing their advertising budget. The total
budget for 1993-94 is $38, 350.
The Grant Request was for $18, 000 and the Fine Arts Commission at
its Tuesday, November 2, 1993 meeting approved the grant in the
amount of $15, 000.
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RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE
PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with the Canto Bello Chorale a copy of which
9 is attached hereto, marked Exhibit "A" and incorporated herein
10 by reference as fully as though set forth at length.
11 SECTION 2 . The authorization to execute the above-
12 referenced agreement is rescinded if the parties to the
13 agreement fail to execute it within sixty (60) days of the
14 Passage of this resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a meeting thereof, held on the
18 day of 1993 , by the following vote, to
wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH CANTO BELLO CHORALE FOR THE
PROMOTION OF ARTS AND CULTURE.
3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABS Nr
4
NEGRETE
5 CURLIN
16 HERNANDEZ
7 OBERHELMAN
8 DEVLIN
9 POPE-LUDLAM
10 MILLER
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13 City Clerk
14 The foregoing resolution is hereby approved this
15 day of 1993 .
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17 Tom Minor, Mayor
Approved as to City of San Bernardino
18 form and legal content:
19 JAMES F. PENMAN
20 City Attorney
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BY: /
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AGREEME NT
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Fine Arts Funding
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4 THIS AGREEMENT is entered into between the CITY OF SAN
5 BERNARDINO, a municipal corporation, referred to as "City" and
6 Canto Bello Chorale, a non-profit organization, referred to as
7 "Organization" .
8 The parties agree as follows:
9 1. Recitals.
10 A. Organization has requested financial assistance
11 from City for the fiscal year 1993-94, in order to assist in
12 defraying the expense of certain concerts, shows, festivals or
13 events or activities sponsored by Organization as set forth in
14 Organization's grant proposal (hereinafter "the proposal")
15 approved by the Fine Arts Commission of the City, a copy of
16 which proposal is on file in the Office of Cultural Affairs.
17 The terms of the proposal are incorporated herein by reference
18 and shall govern the uses of the funds provided herein. The
19 financial assistance provided for in this agreement is made on
20 a one-time only basis, and receipt of said funds shall not
21 imply a continuing obligation of the City beyond the terms of
22 this Agreement.
23 B. The expenditure is for a valid municipal public
24 purpose, to wit: for the promotion of art appreciation in San
25 Bernardino, as more fully set forth in the proposal submitted
by Organization.
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2. Payment. Upon presentation of a claim to the City
28 Finance Director, City shall pay to Organization from the
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2 budget for the 1993-94 fiscal year, the total sum of
3 $15, 000. 00 dollars, to cover the costs per the Fine Arts grant
application agreement.
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5 3 . Use of Funds. The funds paid to Organization shall
6 be used solely for the purposes set forth in Paragraph 1 and
7 in strict compliance with the provisions set forth in the
agreement. No deviation from the agreement shall be made
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without the express approval of the City of San Bernardino.
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10 Said funds shall be expended by June 30, 1994, and any
unexpended funds shall be returned to City by Organization.
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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,
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2 expenses (including counsel fees) , suits or losses however
3 occurring, or damages arising or growing out of the use or
4 receipt of the funds paid hereunder and all operations under
5 this agreement. Payments hereunder are made with the
6 understanding that the City is not involved in the performance
7 of services or other activities of Organization. Organization
and its employees and agents are independent contractors and
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are not employees or agents of the City in performing said
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services.
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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,
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agents and employees, organization and its agents performing
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acts covered by this Agreement from claims for damages for
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personal injury, including death, as well as from claims for
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property damage which may arise from Organization's or its
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agents ' operations hereunder, whether such operations be by
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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:
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(a) Public Liability Insurance. In an amount not less
10 than $100, 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 9• Obligation. Organization hereby covenants that it
26 has taken all actions necessary to make the adherence to the
27 obligations imposed by this agreement a binding obligation of
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the organization.
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10. Notices. All notices herein required shall be in
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writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
5 As to City: As to Organization:
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City Administrator Charles Bradley, President
7 City of San Bernardino Canto Bello Chorale
300 North "D" Street P.O. Box 1627
8 San Bernardino, CA 92401 San Bernardino, CA 92402
9 11. Entire Agreement. This Agreement and any documents
10 or instruments attached hereto or referred to herein integrate
11 all terms and conditions mentioned herein or incidental
12 hereto, and supersede all negotiations and
g prior writing in
13 respect to the subject matter hereof. In the event of
14 conflict between the terns, conditions or provisions of this
15 Agreement, and any such document or instrument, the terms and
16 conditions of this Agreement shall prevail.
17 12 . Non-Discrimination. Organization agrees that for
18 the term of this Agreement it shall not discriminate in
19 employment, recruitment, hiring, admission practices,
20 advertising or in any other manner on the basis of race,
21 color, creed, religion, national origin, sex, physical
22 handicap, or marital status.
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DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO
2 CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE.
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CITY OF SAN BERNARDINO
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6 Tom Minor, Mayor
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8 ATTEST:
9 City Clerk
10 ORGANIZATION
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12 Approved as to form
and legal content:
13 JAMES F. PENMAN
14 City Attorney
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16 By.
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FINE ARTS COMMISSION
GRANT ALLOCATIONS
FISCAL YEAR 1993-94
FUNDING:
Prior Year carryover
Fine Arts Funding $ 30, 382
General Fund budget
Fine Arts Funding $187, 618
Workshop For the Arts Funding ($ 1,200)
TOTAL FUNDING $216,800
AMOUNT AMOUNT
REQUESTED GRANTED
1. Metropolitan Opera Association. . $ 3 , 500. 00 $ 3 , 000
2 . Inland Dance Theaters, Inc. . . . . . . $ 25, 000. 00 $ 22, 500
3 . Prime Time Choraliers. . . . . . . . . . . . $ 3, 000. 00 $ 2 , 500
4 . SB Valley Community Assoc. . . . . . . . $ 20, 000. 00 $ 20, 000
5. Inland Cities Opera . . . . . . . . . . . . . $ 26, 000. 00 DENIED
6. Nat'l Council of Negro Women. . . . . $ 8, 000. 00 $ 6, 000
7 . San Bernardino Civic Light Opera. $ 75, 026.00 $ 57, 800
8 . Inland Empire Symphony Assoc. . . . . $ 80, 000. 00 $ 65, 000
9. Sinfonia Mexicana Committee. . . . . . $ 20, 000. 00 $ 15, 000
10. Canto Bello Chorale. . . . . . . . . . . . . . $ 18, 000. 00 $ 15, 000
11. Home of Neighborly Services. . . . . . $ 4, 015. 00 DENIED
(Video Montage)
12 . Inland Empire Opera Alliance. . . . . $ 10, 000. 00 $ 10, 000
13 . Home of Neighborly Services. . . . . . $ 18,452 . 00 DENIED
(Storytelling)
TOTAL FUNDED $216, 800