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HomeMy WebLinkAbout26- Mayor's Office CITY OF SAN BERNZIDINO - REQUEST Fl ,; COUNCIL ACTION From: Jean Andersen, Fine Arts Liaison Subject: Approve recommendation by the Fine Arts Commission to grant $10 , 000 . 00 to Dept: Office. of the Mayor the Inland Empire Opera Association. Date: November 4 , 1993 Synopsis of Previous Council action: December 21 , 1992 - The Mayor and Common Council approve the Resolution No. 92-485 . Recommended motion: ADOPT RESOLUTION i Signature Contact person: TAan Andersen Phone: ext. 5114 Supporting data attached:_ vFR Ward: All FUNDING REQUIREMENTS: Amount: $10 , 000 . 00 Source: (Acct. No.) 001-091-53657 (Acct. Description) Finance: ;ouncil Notes: 75-0262 FINE ARTS COMMISSION STAFF REPORT APPLICANT: INLAND EMPIRE OPERA ASSOCIATION The Inland Empire Opera Assn. has presented fully-staged operas for the past seven years. Because of scheduling problems, they are unable to present an opera this year, but believe The Vienna Choir Boys will attract the same audience and funding base. This group has been in existence for almost five centuries, and since 1932 has toured the United States giving thousands of concerts and become the most popular choir ever to tour North America. The total budget for this performance is $29,760. The Grant Request was for $10, 000 and the Fine Arts Commission at ° its Tuesday, November 2 , 1993 meeting approved the grant in the amount of $10, 000. ' 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ASSOCIATION 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 Inland Empire Opera Association a 9 copy of which is attached hereto, marked Exhibit "A" and 10 incorporated herein by reference as fully as though set forth 11 at length. 12 SECTION 2 . The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the 14 agreement fail to execute it within sixty (60) days of the 15 passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a meeting thereof, held on the 19 day of , 1993, by the following vote, to wit: 20 21 22 23 24 25 26 / 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ASSENT 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 City Clerk 14 The foregoing resolution is hereby approved day this 15 y , 1993. 16 17 Tom Minor, Mayor Approved as to City of San Bernardino 18 form and legal content: 19 JAMES F. PENMAN 20 City Attorney 21 : _ 22 BY 23 24 25 26 27 28 Q AGREEMENT 2 3 Fine Arts Funding 4 THIS AGREEMENT is entered into between the CITY OF SAN 5 BERNARDINO, a municipal corporation, referred to as "City" and 6 The Inland Empire Opera Association, a non-profit 7 organization, referred to as "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. 26 27 2 . Payment. Upon presentation of a claim to the City 28 Finance Director, City shall pay to Organization from the - I - ' 1 budget for the 1993-94 fiscal year, the total sum of 2 $10, 000. 00 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 or the y 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 pproval of the City of San Bernardino. 9 Said funds shall be expended by June 30, 1994, 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 . 1 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 8 9 are not employees or agents of the City in performing said 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 lif 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 2 agents and employees, organization and its agents performing 3 acts covered by this Agreement from claims for damages for 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 $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 28 _y_ p i 1 the organization. 2 3 10. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, 4 postage prepaid, addressed as follows: 5 As to City: As to Organization: 6 City Administrator Charles Eisenhard, Chairman 7 City of San Bernardino Inland Empire Opera Assoc. 300 North "D" Street 362 W. Court Street 8 San Bernardino, CA 92401 San Bernardino, CA 92401 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 prior writing in 13 respect to the subject matter hereof. In the event of 14 conflict between the terms, 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. 23 DATED: 24 25 26 27 28 -S - 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE 2 OPERA ASSOCIATION 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 16 By: 17 18 19 20 21 22 23 24 25 26 27 28 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