HomeMy WebLinkAbout10- Office of the Mayor J
CIT`V--OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts LiaiscSVbject: Approve recommendation of the Fine Arts
Commission to grant $4,500 to
Dept: Office of the Mayor Canto Bello Chorale
Date: September 27, 1996 OA1101AIA1
AW
Synopsis of Previous Council action:
1995: Resolution 495-319 approved ($5,000)
1994: Resolution #94-312 approved (15,000)
1993: Resolution 493-448 approved (10,000)
1992: Resolution #92-449 approved (10,000)
Recommended motion:
ADOPT RESOLUTION
2,0-�4e
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $4, 500
Source: (Acct No.) 001-091-5185
Acct. Description) FINE ARTS
Finance-
Council Notes:
Res 96- QQ
75.0262 Agenda Item No.- ()/I
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
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: 1, 200
Number of performances: 3
Estimated costs: $22,250
Estimated income $25,750
The grant request was for $7, 500 and the Fine Arts Commission
recommends approval of a grant in the amount of $4, 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 CANTO BELLO CHORALE, a non-profit organization, referred to as
6 "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1996-97, 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 1996-97 fiscal year, the total sum of $4 , 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, 1997, 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 $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
-4-
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, Ex. Dir.
City of San Bernardino Canto Bello Chorale
7 300 North "D" St . PO Box 1627
San Bernardino, CA 92418 San Bernardino, CA 92402
8
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
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE CANTO BELLO
CHORALE FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
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
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 Liais&Vbject: Approve recommendation of the Fine Arts
Commission to grant $2,000 to the
Dept: Office of the Mayor Evergreen Singers.
Date: September 27, 1996 OR16RAL
Synopsis of Previous Council action:
1995: Resolution #95-322 approved ($2,500)
Recommended motion:
ADOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES _ Ward:
FUNDING REQUIREMENTS: Amount: $2,000
Source: (Acct No.) 001-091-5185
(Acct. Description) FINE ARTS_
h
Finance ,
Council Notes:
Res 96-
�_0 9�'
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ART COMMISSION
APPLICANT: EVERGREEN SINGERS
The goal of the Evergreen Singers, established in 1983, is to
develop strategies for the appreciation, encouragement, support and
performance of African American music as well as traditional choral
music. The groups consists of 35 members, most of whom live in San
Bernardino. It is the only minority performance group of choral
music in the Inland Empire.
During the coming season, the group will perform at one high
school, present three seasonal concerts, and host two multi-
cultural workshops-one for youth singers and one for adult singers.
Estimated attendance/participants: 2, 900
Number of performances: 7
Estimated costs: $11, 130
Estimated income $ 3,375
The grant request was for $7,755 and the Fine Arts Commission
recommends approval of a grant in the amount of $2, 000 .
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 EVERGREEN SINGERS, a non-profit organization, referred to as
6 "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1996-97, 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 1996-97 fiscal year, the total sum of $2 , 000
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, 1997, 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 S . 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
-4-
I 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 Sylvia Cichocki, Dir.
City of San Bernardino Evergreen Singers
7 300 North "D" St . 747 E. Parkdale
San Bernardino, CA 92418 San Bernardino, CA 92404
8
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
24 DATED:
25
26
27
28
-s-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE EVERGREEN
SINGERS FOR THE PROMOTION OF THE ARTS AND CULTURE .
2
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
,1 }
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-
�J
CIT`! OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts LiaiscfiVbject: Approve recommendation of the Fine Arts
Commission to grant $14,000 to the
Dept: Office of the Mayor Inland Dance Theatre, Inc.
Date: September 27, 1996 ®��� 1IQL
Synopsis of Previous Council action:
1995: Resolution #95-323 approved ($15,000)
1994: 11 #94-305 it ( 12,000)
1993: if 493-421 it ( 22,000)
1992: if #92-420 ( 22,000)
Recommended motion:
ADOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES _Ward:
FUNDING REQUIREMENTS: Amount: $14,000
Source: (Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance:
Council Notes:
Res 96-,�5 j�j'-
/o%i 199!o
75-0262 Agenda stern No. /OC
CITY ,OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: INLAND DANCE THEATRES, INC.
This will be the 21st year "Nutcracker" will be produced by the
Inland Dance Theatres, Inc. Over 100, 000 school children have seen
'Nutcracker" during the past 20 years bring ballet, music and a
live performance into their lives. For the past three 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: 5
Estimated costs: $109, 500
Estimated income: $ 84, 500
The grant request was for $25, 000 and the Fine Arts Commission
recommends approval of a grant in the amount of $14, 000 .
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 INLAND DANCE THEATRE' S 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 1996-97, 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 1996-97 fiscal year, the total sum of $14 , 000
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, 1997, 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 $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
-4-
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 Jean Roche, Treas .
City of San Bernardino Inland Dance Theatre' s Inc .
7 300 North "D" St . P.O. Box 3691
San Bernardino, CA 92418 San Bernardino, CA 92413
8
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
24 DATED:
25
26
27
28 -5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANCE
THEATRE' S INC. FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
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
BY:
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-
C�
CITY OF SAM BERNARDINO REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liaisckvbject: Approve recommendation of the Fine Arts
Commission to grant $9,500 to the
Dept: Office of the Mayor Junior University.
Date: September 27, 1996
Synopsis of Previous Council action:
1995: Resolution 495-316 approved ($11,000)
1994: it #94-307 if ( 11,000)
1992: if 492-486 ( 15,000)
Recommended motion:
ADOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $9, 500
Source: (Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance;
Council Notes: _
Res 96-
/D1)/
5-0262 Agenda Item No.J -D
CITY OF SAID BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: JUNIOR UNIVERSITY
Junior University is entering its 35th season and plans to present
a production of William R. Dixon' s original adaptation of "Robin
Hood. " 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.
JU is requesting funds to offset the musical expenses of the show,
including editing, conductor and orchestra. "Robin Hood" will be
number 9 of 13 shows to be edited. This will give JU a library of
programs which can be produced in the future without any major
script changes.
Estimated attendance/participants: 18, 000
Number of performances: 14
Estimated costs: $124, 010
Estimated income: $108, 550
The grant request was for $15,460 and the Fine Arts Commission
recommends approval of a grant in the amount of $9, 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 JUNIOR UNIVERSITY, a non-profit organization, referred to as
6 "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1996-97, 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 1996-97 fiscal year, the total sum of $9, 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, 1997, 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 $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
-4-
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 Jeff A. Grande, Gen. Mgr.
City of San Bernardino Junior University
7 300 North "D" St . P.O. Box 6471
San Bernardino, CA 92418 San Bernardino, CA 92412
8
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
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE JUNIOR
UNIVERSITY FOR THE PROMOTION OF THE ARTS AND CULTURE .
2
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
BV:
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 Liaisckvbject: Approve recommendation of the Fine Arts
Commission to grant $2,000 to the
Dept: office of` the Mayor Metropolitan Opera Auditions.
Date: September 27, 1996 ORIGINAL
Synopsis of Previous Council action:
1995: Resolution #95-311 approved ($2,500)
1994: 11 #94-306 if ( 2,000)
1993: if #93-445 if ( 2,500)
1992: if #92-50 ( 1,900)
Recommended motion:
ADOPT RESOLUTION
"A � F�
Signature
Jean Andersen ext . 5114
Contact person: Phone: _
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $2.000
Source: (Acct. No.) 001-091-5185
FINE ARTS
(Acct. Description) _
Finance: z
Council Notes: _
Res 96- 9/7
ib at 9�t
75-0262 Agenda Item No. /b —
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: 320
Number of performances: 3
Estimated costs: $8, 847
Estimated income: $4,448
The grant request was for $4,399 and the Fine Arts Commission
recommends approval of a grant in the amount of $2, 000 .
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 METROPOLITAN OPERA AUDITIONS, 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 1996-97, 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 1996-97 fiscal year, the total sum of $2, 000
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, 1997, 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 $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
-4-
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 Gwendolyn Roberts
City of San Bernardino Metropolitan Opera Auditions
7 300 North "D" St . 1898 Genevieve St .
San Bernardino, CA 92418 San Bernardino, CA 92405
8
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
24 DATED:
25
26
27
28 -5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE METROPOLITAN
OPERA AUDITIONS FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
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 j
By:
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY. OP SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Li.ai.sckibject: Approve recommendation of the Fine Arts
Commission to grant $16,500 to the
Dept: Office of the Mayor More Attractive Community Foundation.
Date: September 27, 1996 '"
Wi UI ,�Jrr vad
Synopsis of Previous Council action:
No previous Council action.
Recommended motion:
ADOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $16.500
Source: (Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance:
Council Notes:
Res 96- /o%i
75-0262 Agenda Item No.�F
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: MORE ATTRACTIVE COMMUNITY FOUNDATION, INC.
The More Attractive Community (MAC) Foundation was established in
1986 by a group of citizens interested in the future of the greater
community of San Bernardino and in improving the quality of life
here. Its primary purpose is to assure that the physical
appearance of the greater San Bernardino area reflects the high
ideals, goals and aspirations of its citizens.
The More Attractive Community Foundation, Inc. proposes a large-
scale mural of Will Rogers by Kent Twitchell, internationally known
muralist, for the north side of the California Theater. Mr.
Twitchell suggested the site and has agreed to do the mural. He is
in contact with various foundations for obtaining some additional
funds to cover the cost. The MAC Foundation has agreed to provide
a matching $16, 500 and raise the rest of the money.
Visual arts in public places enhance a community' s artistic
expression of itself. Even those who pass through and do business
in the City without attending theater or musical performances will
gain the perception that arts and culture thrive here.
Estimated attendance/participants: 250, 000 per year
Estimated costs: $ 65-90, 000
The grant request was for $30, 000 and the Fine Arts Commission
recommends approval of a grant in the amount of $16, 500 .
75-0264
Kent Twitchell monuments,Twitchell paints heroic public Twitchell uses state of the art materials for
monuments, He was commissioned to paint permanence. His prices range from$20 to
)144unU"oulevard* a freeway mural in downtown Los Angeles $100 per square foot.
Los-Angeles;X190626 for the 1984 Olympic games and later
(213)483=6268- painted the official LA Marathon Mural.The
FAX4243}641-1511 City of Philadelphia invited Twitchell for six Top Left: Don Bachardy painted on home of
weeks during 1988 resulting in the popular Peter Norton family in Santa Monica.
Julius Erving Monument(Middle Left). Middle Left:Julius Erving Monument,
Philadelphia
Recent Twitchell projects include the Bottom Left: Edward Ruscha Monument in
enormous collaboration with Michael downtown Los Angeles ,
Jackson on Hollywood Boulevard and the Top Right: The Word,Biola University,
Los Angeles Chamber Orchestra painted La Mirada,CA
across multiple ten-story walls. Bottom Right: The Freeway Lady,Los Angeles
fir,
M�v
'l
;ro
Pi ihl!�Ar 100
I�e�t TV�/itchell Kent Twitchell paints heroic public monu- Twitchell's current work also includes the
ments,The 1984 Olympic Committee Charlton Heston Monument(a historically
6480-Lyons..Road commissioned him to paint twin freeway faithful'representation of the American
Wkepod C—A-%453 murals in downtown Los Angeles and he was Cowboy)and selected private portrait
(7M)-263.1065 later selected for the official LA marathon commissions. He uses state-of-the-art acrylic
mural(Top Left).The city of Philadelphia materials custom made for permanency.
brought Twitchell east during 1988 and he
painted the now-renown 3-story Julius Erving
Monument, Top Left:city of Los Angeles Marathon Mural,
1990,Inglewood,CA,acrylic,20'x 236'
Recent projects include the 100'tall Michael Top Right: Los Angeles Chamber Orchestra
Jackson Portrait on Hollywood Boulevard Mural(detail:Julie Gigante), 1993,rest of
(Bottom Right)and the Los Angeles Cham- mural in progress
ber Orchestra painted across multiple walls Bottom Left: The Word, 1990,Biola University,
(Top Right)due for completion in 1994,the La Mirada,CA,acrylic,30'x 50'
famed orchestra's 25th anniversary. Bottom Right: Michael Jackson Portrait
(detail in progress), 1993,Hollywood,CA,
acrylic, 100'x 60'
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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 MORE ATTRACTIVE COMMUNITY FOUNDATION, INC. 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 1996-97, 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 1996-97 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, 1997, 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-
I 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 $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
-4-
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 Gene Wood, Pres .
City of San Bernardino M.A. C. Foundation, Inc .
7 300 North "D" St . P.O. Box 1169
San Bernardino, CA 92418 San Bernardino, CA 92402
8
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
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE MORE
ATTRACTIVE COMMUNITY FOUNDATION, INC. FOR THE PROMOTION OF THE
2 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 n
16 By:
17
18
19
20
21
22
23
24
25
26
27
28
—6—
CITY Off= SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts LiaisckVb)ect: Approve recommendation of the Fine Arts
Dept: Office of the Mayor Commission to grant $1,000 to the
P y Prime Time Choraliers.
Date: September 27, 1996 &WGINAL
Synopsis of Previous Council action:
1995: Resolution #95-312 approved ($1,500)
1994: it #94-304 ( 1,500)
1993: if #93-446 ( 2,500)
Recommended motion:
s 3. C,: , OPT RESOLUTION
C-
I /
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $1 ,000
Source: (Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance:
Council Notes:
Res 96-9 /1
/0
,5-0262 Agenda Item No.���
. e
° r ,
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, 000
Number of performances: 35
Estimated costs: $3,700
Estimated income: $1, 750
The grant request was for $1, 950 and the Fine Arts Commission
recommends approval of a grant in the amount of $1, 000 .
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 PRIME TIME CHORALIERS 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 1996-97, 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 1996-97 fiscal year, the total sum of $1, 000
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, 1997, 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 $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
-4-
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 Jack Henley, Pres .
City of San Bernardino Prime Time Choraliers
7 300 North "D" St . 337 W. 40th St .
San Bernardino, CA 92418 San Bernardino, CA 92407
8
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
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE PRIME TIME
CHORALIERS FOR THE PROMOTION OF THE ARTS AND CULTURE .
2
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 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 Liaisckibject: Approve recommendation of the Fine Arts
Commission to grant $37,500 to San
Dept: Office of the Mayor Bernardino Civic Light Opera Assn.
Date: September 27, 1996 ORIGINAL
Synopsis of Previous Council action:
1995: Resolution #95-320 approved ($37,500)
1994: it #94-311 It ( 37,500)
1993: if 493-450 ( 44,000)
Recommended motion:
AIZOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $37,500
Source: (Acct.. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance:
Council Notes:
Res 96- C�
75-0262 Agenda Item No.—�1[--
CITY 'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION
The San Bernardino Civic Light Opera is in its 50th year of serving
as the premiere theater experience for the San Bernardino area by
producing a schedule of musicals, plays, and celebrity concerts
each year. It has produced over 160 musicals any plays, all with
casts, orchestras and technical staffs made up of a combination of
local amateurs working alongside theater professionals. The
productions have served as the first and primary theater experience
for over 2, 000, 000 San Bernardino area residents and as the primary
theatrical training ground for over 5, 000 actors, musicians and
stage technicians.
The request is for funding to help pay for the SBCLO Youth Program
which will provide a free 8-week period of theater classes for over
60 San Bernardino area high school and college students culminating
with three performances of a musical comedy; to help support the
SBCLO larger musicals where non-professionals are given the
opportunity to learn more about their craft by working in a hands-
on environment alongside professional actors, musicians and stage
technicians; and to help pay for the cost of the two Student
Performances of "West Side Story," one Student Performance of
"Oklahoma, " and one Student Performance of "Hello, Dolly! . "
Estimated attendance/participants: 33, 925
Number of performances: 37
Estimated costs: $1, 162,300
Estimated income: $1, 087,300
The grant request was for $75, 000 and the Fine Arts Commission
recommends approval of a grant in the amount of $37, 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 SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION, 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 1996-97, 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 1996-97 fiscal year, the total sum of $37, 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, 1997, 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 $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
-4-
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 Evlyn Wilcox, Pres .
City of San Bernardino S .B. Civic Light Opera Assn.
7 300 North "D" St . PO Box 606
San Bernardino, CA 92418 San Bernardino, CA 92402
8
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
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF
2 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- <� 1
r'
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 Liaisckvbject: Approve recommendation of the Fine Arts
Commission to grant $63,000 to the
Dept: Office of the Mayor San Bernardino Symphony Orchestra
(formerly Inland Empire Symphony Assn.)
Date: September 27, 1996
Synopsis of Previous Council action:
1995: Resolution #95-317 ($63,000)
1994: if #94-308 ( 65,000)
1993: it #93-420 ( 80,000)
1992: it #92-442 ( 80,000)
Recommended motion:
ADOPT RESOLUTION
C:' r =>
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:_ _
FUNDING REQUIREMENT'S: Amount: $63,000
Source: (Acct. No.) 001-091-5185
Acct. Description) FINE ARTS
Finance: �-
Council Notes:
Res 96-
75-0262 Agenda item No �Q�
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 67th season,
making it one of the oldest orchestras in California. The Board of
Directors recently changed the name of the orchestra from Inland
Empire to San Bernardino to emphasize the home base of the region' s
premier professional orchestra.
Last year' s first New Years Eve Gala provided more financial
support than any other single fund raising event and will become a
yearly tradition. 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: 48,450
Number of performances: 24
Estimated costs: $396, 885
Estimated income: $273, 684
The grant request was for $$123, 201 and the Fine Arts Commission
recommend approval of a grant in the amount of $63, 000 .
75-0264
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CEO p�
I 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 SAN BERNARDINO SYMPHONY ORCHESTRA, 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 1996-97, 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 1996-97 fiscal year, the total sum of $63 , 000
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, 1997, 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 $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
-4-
I 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 Christopher Daniels, Exec . Dir.
City of San Bernardino San Bernardino Symphony Orch.
7 300 North "D" St . 362 W. Court St .
San Bernardino, CA 92418 San Bernardino, CA 92401
8
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
13 hereto, and supersede all negotiations and prior writing in
14 respect to the subject matter hereof . In the event of
15 conflict between the terms, conditions or provisions of this
16 Agreement, and any such document or instrument, the terms and
17 conditions of this Agreement shall prevail .
18 12 . Non-Discrimination. Organization agrees that for
19 the term of this Agreement it shall not discriminate in
20 employment, recruitment, hiring, admission practices,
21 advertising or in any other manner on the basis of race,
22 color, creed, religion, national origin, sex, physical
23 handicap, or marital status .
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE ARTS
2 AND CULTURE.
3
CITY OF SAN BERNARDINO
4
5
6 Tom Minor, Mayor
7
8
ATTEST:
9 City Clerk
10
11 ORGANIZATION
12 Approved as to form
13 and legal content :
14 JAMES F. PENMAN
City Attorney
15
16 By: e — �
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY OF. SASW, BERNARDINO REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liai.scfVbject: Approve recommendation of the Fine Arts
Commission to grant $14,500 to the
Dept: Office of the Mayor San Bernardino Valley Community Concert
Assn.
Date: September 27, 1996
Ot'7,10HAL
Synopsis of Previous Council action:
1995: Resolution #95-321 approved ($15,000)
1994: It #94-310 ( 17,500)
1993: " #93-419 " ( 20,000)
1992: " #92-449 ( 20,000)
Recommended motion:
ADOPT RESOLUTION
f' Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $14,500
Source: (Acct. No.) 001-091-5185
Acct. Description)
FINE ARTS
Finance:
Council Notes:
Res 96-
75-0262 Agenda Item No.
CITY OF SAID 13ERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
This is the 58th 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:
Nevada Dance Theatre, An Evening with John Bayless, Slovak
Sinfonietta, Southern California Mormon Choir, and Aram Basmadjian
- Organist. 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, 050
Number of performances: 7
Estimated costs: $72, 880
Estimated income: $49, 653
The grant request was for $17, 500 and the Fine Arts Commission
recommends approval of a grant in the amount of $14, 500 .
75-0264
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C�Up�
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 SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, 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 1996-97, 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 1996-97 fiscal year, the total sum of $14 , 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, 1997, 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
-a-
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 $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
-4-
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 Dr. Ernest F. Garcia, Chmn.
City of San Bernardino S.B . Valley Coma Concert Assn.
7 300 North "D" St . PO Box 377
San Bernardino, CA 92418 San Bernardino, CA 92402
8
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
24 DATED:
25
26
27
28
-5-
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 Liaiscfavbject: Approve recommendation of the Fine Arts
Commission to grant $12,500 to the
Dept: Office of the Mayor Sinfonia Mexicana Society.
Date: September 27, 1996 0�
Synopsis of Previous Council action:
1995: Resolution #95-314 approved ($14,000)
1994: if #94-302 if ( 15,000)
1993: if 493-422 if ( 20,000)
1992: if #92-446 ( 20,000)
Recommended motion:
,' t _-:ADOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person:_ Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $12,500
Source: Acct. No.) 001-091-5185
FINE ARTS
Acct. Description)
Finance:
Council dotes:
Res 96-
75-0262 Agenda Item No._ ��
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 twelve 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: 7, 000
Number of performances: 2
Estimated costs: $138, 663
Estimated income: $121,278
The grant request was for $17, 385 and the Fine Arts Commission
recommends approval of a grant in the amount of $12, 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 SINFONIA MEXICANA SOCIETY, 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 1996-97, 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 1996-97 fiscal year, the total sum of $12, 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, 1997, 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 $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
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
-4-
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 Esther Mata, Pres .
City of San Bernardino Sinfonia Mexicana Society
7 300 North "D" St . 362 W. Court St .
San Bernardino, CA 92418 San Bernardino, CA 92401
8
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
24 DATED:
25
26
27
28
-5-
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
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
By: ( ti J �''�►�
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-
CITY OF BAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Jean Andersen, Fine Arts Liais(:Svbject: Approve recommendation of the Fine Arts
ORIGINA Commission to grant $3,000 to the
Dept: office of the Mayor L Stage One Players.
Date: September 27, 1996
Synopsis of Previous Council action:
1995: Resolution #95-315 approved ($3,000)
1994: if #94-303 " ( 3,500)
Recommended motion:
ADOPT RESOLUTION
Signature
Jean Andersen ext . 5114
Contact person: Phone:
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $3.000
Source: (Acct. No.) 001-091-5185
Acct. Descrip tion FINE ARTS
Finance:
Council Notes:
Res 96- 7
to a�1�996
75.0262 Agenda Item No. ��L
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
FINE ARTS COMMISSION
APPLICANT: STAGE ONE PLAYERS
This will be the fifth 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. Next
spring the group intends to expand by producing a new work by a
contemporary author. They also plan to produce a Shakespearean
play in Spanish.
Estimated attendance/participants: 3, 000
Number of performances: 18
Estimated costs: $14,320
Estimated income: $ 7, 500
The grant request was for $6, 820 and the Fine Arts Commission
recommends approval of a grant in the amount of $3, 000 .
75-0264
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i
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 STAGE ONE PLAYERS, a non-profit organization, referred to as
6 "Organization. "
7 The parties agree as follows :
8 1 . Recitals .
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1996-97, 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
i
1 budget for the 1996-97 fiscal year, the total sum of $3 , 000
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, 1997, 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-
I
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 $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
-4-
i
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 Ginger Davis, Treas .
City of San Bernardino Stage One Players
7 300 North "D" St . 813 N. "D" St . , Ste . 2
San Bernardino, CA 92418 San Bernardino, CA 92401
8
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
24 DATED:
25
26
27
28
-5-
i
1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE STAGE ONE
PLAYERS FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
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
n
15
By:
16
i
17
18
19
20
21
22
23
24
25
26
27
28
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