HomeMy WebLinkAbout34- Mayor's Office CITY OF SAN BERNAi_ MINO - REQUEST FLA COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaison Subject: Approve pprove recommendation by the
Fine Arts Commission to grant $3 , 000 . 00
Der„: Office of the Mayor to the Metropolitan Opera National Council
Date: November 2 , 1993 Auditions - Western Region.
Synopsis of Previous Council action:
2-17-92 The Mayor and Common Council approved Resolution No. 92-50 .
Recommended motion:
ADOPT RESOLUTION.
tit
Signature
Contact person: Jean Andersen Phone: ext. 5114
Supporting data attached: YES Ward: All
FUNDING REQUIREMENTS: Amount: $3 , 000 ..0//0])
Source: (Acct. No.)
Acct. Description)
Finance: �Z�
°il Notes: `/ —��
FINE ARTS COMMISSION
STAFF REPORT
APPLICANT: METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS
WESTERN REGION
The purpose of the Metropolitan Opera National Council Auditions is
to:
• Find exceptionally talented opera singers and to assist in their
development.
• To discover new talent for the Metropolitan Opera.
• To search for possible participants in the Young Artists
Development Program of the Metropolitan Opera Assn.
• To give singers and opportunity to be hear and encouraged
in their careers.
A special aspect of the program is the contacts with producers/
directors for programming vocal concerts and appearances with
orchestras and production events, thus giving the singers
experience in performing and encouragement for further development
and progress in meaningful careers.
Winners from the District go to Los Angeles to compete in the
Regional Auditions. Last year one of our winners was chosen to go
into the Regional Finals where he was chosen first place winner and
sent to New York to compete in the National Auditions. The total
budget for 1993-94 is $5, 978.
The grant request was for $3 ,500 and the Fine Arts Commission at
its October 19, 1993 meeting approved the grant in the amount of
$3 , 000.
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL
COUNCIL AUDITIONS - WESTERN REGION FOR THE PROMOTION OF ARTS
4 AND CULTURE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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 Metropolitan Opera National Council
9 Auditions - Western Region a copy py of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth 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
20 wit:
21 /
22 /
23 /
24 /
25 /
26 /
27 /
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. 1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL
COUNCIL AUDITIONS - WESTERN REGION FOR THE PROMOTION OF ARTS
3 AND CULTURE.
4 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8 OBERHELMAN
9 DEVLIN
10 POPE-LUDLAM
11 MILLER
12
13
City Clerk
14
15 The foregoing resolution is hereby approved this
day of 1993.
16
17
Tom Minor, Mayor
18 Approved as to City of San Bernardino
19 form and legal content:
JAMES F. PENMAN
20 City Attorney
21
22 BY: /
23
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26
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Q 0
AGREEME NT
2
Fine Arts Fundina
3
4
THIS AGREEMENT is entered into between the CITY OF SAN
5 BERNARDINO a municipal co rporation, referred to as "City"
and
16 The Metropolitan Opera National Council Auditions - Western
7 Region, a non-profit organization, referred to as
8 "Organization" .
9 The parties agree as follows:
10 1. Recitals.
11 A. Organization has requested financial assistance
12 from City for the fiscal year 1993-94, in order to assist in
13 defraying the expense of certain concerts, shows, festivals or
14 events or activities sponsored by Organization as set forth in
15 Organization's grant proposal (hereinafter "the proposal")
16 approved by the Fine Arts Commission of the City, a copy of
17 which proposal is on file in the Office of Cultural Affairs.
18 The terms of the proposal are incorporated herein by reference
19 and shall govern the uses of the funds provided herein. The
20 financial assistance provided for in this agreement is made on
21 a one-time only basis, and receipt of said funds shall not
22 imply a continuing obligation of the City beyond the terms of
23 this Agreement.
24 B. The expenditure is for a valid municipal public
25 purpose, to wit: for the promotion of art appreciation in San
26 Bernardino, as more fully set forth in the proposal submitted
27 by Organization.
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2 . Payment. Upon presentation of a claim to the City
3
Finance Director, City shall pay to Organization from the
4 budget for the 1993-94 fiscal
g year, the total sum of $3 , 000. 00
5 dollars to cover the costs
per the Fine Arts grant
16 application agreement.
7 3 . Use of Funds. The funds paid to Organization shall
8 be used solely for the purposes set forth in Paragraph 1 and
9 in strict compliance with the
p provisions set forth in the
10 agreement. No deviation from the agreement shall be made
11 without the express approval of the City of San Bernardino.
12 Said funds shall be expended by June 30, 1994 , and any
13 unexpended funds shall be returned to City by Organization.
14 4 . Accounting. Within 20 days after the completion of
15 the event, the Organization shall submit to the City
16 Administrator, with a copy to the Director of Finance an
17 accounting of the actual expenditures connected with said
18 event as it relates to the funds which were provided by the
19 City. Financial records shall be maintained in accordance
20 with generally accepted accounting principles by Organization
21 in such manner as to permit City to easily trace the
22 expenditures of the funds. All books and records of
23 organization are to be kept open for inspection at any time
24 during the business day by the City or its officers or agents.
25 Failure to submit the financial records in accordance with
26 this section will result in the Organization reimbursing the
27 City.
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3 5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its
4
employees and agents from all liabilities and charges,
5
expenses (including counsel fees) , suits or losses however
6
occurring, or damages arising or growing out of the use or
7 receipt of the funds
p paid hereunder and all operations under
8 this agreement. Payments yments hereunder are made with the
9 understanding that the City is not involved in the performance
10 of services or other activities of Organization. Organization
11 and its employees and agents are independent contractors and
12 are not employees or agents of the City in performing said
13 services.
14 6, Termination. City shall have the right to terminate
15 this Agreement and any funding remaining unpaid hereunder for
16 any reason by mailing a ten-day written notice to Organization
17 and this agreement shall terminate ten days after the mailing
18 of such notice. In the event this Agreement is terminated for
19 reasons of improper use of funds or use of funds for any
20 purpose other than those authorized, any unexpended portion of
21 the funds provided by City shall be returned to City. In
22 addition, Organization shall reimburse to City any funds
23 expended which were used for any purposes other than those
24 authorized under this Agreement.
25 7. Assignment. Organization shall not assign its
26 interest in this Agreement without the prior written approval
27 of City.
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8. Insurance. Organization shall take out and
2
maintain during the life of this Agreement such public
3
liability and property damage insurance as shall insure City,
4
its elective and appointive boards, commissions, officers,
5 agents and employees, organization and its agents
performing
16 acts covered by this Agreement from claims for damages for
7 personal injury, including death, as well as from claims for
8 property damage which may arise from Organization's or its
9 agents' operations hereunder, whether such operations be by
10 Organization or its agents or by anyone directly or indirectly
11 employed by either Organization or its agents, and the amounts
12 of such insurance shall be as follows:
13 (a) Public Liability Insurance. In an amount not less
14 than $100, 000 for injuries, including, but not limited to,
15 death, to any one person, and subject to the same limit for
16 each person, in an amount not less than $100, 000 on account of
17 any one occurrence;
18 (b) Property Damage Insurance. In an amount of not less
19 than $50, 000 for damage to the property of each person on
20 account of any one occurrence.
21 (c) Workers Compensation. Organization shall provide
22 workers compensation insurance in the amount required by state
23 law if the funds provided hereunder are to be paid as salary
24 to any employee of organization. Organization shall require
25 that all rights of subrogation under such policy of workers
26 compensation insurance shall be waived as to City. City shall
27 be set forth as an additional named insured in each policy of
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insurance provided hereunder.
2
9. Obligation. Organization hereby covenants that it
3
has taken all actions necessary to make the adherence to the
4
obligations imposed by this agreement a binding obligation of
5
the organization.
6
10. Notices. All notices herein required shall be in
7 writing nd delivered in
g person or sent by certified mail,
8
postage prepaid, addressed as follows:
9 As to City: As to Organization:
10 City Administrator Gwendolyn Roberts
11 City of San Bernardino Metropolitan Opera
300 North "D" Street 1898 Genevieve St.
12 San Bernardino, CA 92401 San Bernardino, CA 92405
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.
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:
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I
1
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE METROPOLITAN
2 OPERA NATIONAL COUNCIL AUDITIONS FOR THE PROMOTION OF THE ARTS
AND CULTURE.
3
4 CITY OF SAN BERNARDINO
5
6
Tom Minor, Mayor
7
8
9 ATTEST:
City Clerk
10
11 ORGANIZATION
12 Approved as to form
13 and legal content:
14 JAMES F. PENMAN
City Attorney
15
16 By: /
17
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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