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HomeMy WebLinkAbout37- Mayor's Office CITY OF SAN BERN DINO REQUEST F(A 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: Jean AnAPrSPn Phone: ext. 5114 Supporting data attached: VER Ward: All FUNDING REQUIREMENTS: Amount: $15 ,000 .00 Source: (Acct. No.) 001-091-53647 Acct. Description) Finance: ` ��- Council Notes: 75-0262 -5 7 0 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. 1 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 The authorization to execute the above- 12 referenced agreement is rescinded if the parties to the 13 agreement fail to execute it within sixty (60) days of the 14 Passage of this resolution. 15 I HEREBY CERTIFY that the foregoing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: 19 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 CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN AB,SENr 4 NEGRETE 5 CURLIN 16 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 City Clerk 14 The foregoing resolution is hereby approved this 15 day of , 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 BY: / 22 23 24 25 26 27 28 1 AGREEMENT 2 Fine Arts Funding 3 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. 26 27 2. Payment. Upon presentation of a claim to the City 28 Finance Director, City shall pay to Organization from the - 1 - t l 1 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. 4 5 3 . Use of Funds. The funds paid to Organization shall 6 be used solely for the purposes set forth in Paragraph 1 and 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 10 Said funds shall be expended by June 30, 1994, and any 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 -Z- 1 expenses (including counsel fees) , suits or losses however 2 3 occurring, or damages arising or growing out of the use or 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 $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 1 the organization. 2 10. Notices. All notices herein required shall be in 3 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 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 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 _5 _ 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE CANTO BELLO 2 CHORALE 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 a 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