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HomeMy WebLinkAbout21- Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Thelma Press, Fine Arts Liaison Subject: Approve recommendation of The Fine Arts Commission to grant Dept: Mayor's Office 15,000 to the Sinfonia Mexicana Society Date: September 4, 1998 r /1 L oR�o t Synopsis of Previous Council Action: 1997: Resolution #97-322 approved ($ 20,000) 1996: it #96-323 ( 12,500) 1995: it #95-314 ( 14,000) 1994: #94-302 ( 15,000) 1993: #93-422 ( 20,000) Recommended Motion: MAYOR AND COMMON COUNCIL ADOPT RESOLUTION � 1 Signature Contact person: Thelma Press Phone 5133 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: 15,000 Source:(Acct. No.) 001-091-5185 Acct. Description) FINE ARTS Finance: Council Notes: Agenda Item No. Synopsis: Sinfonia Mexican Society The City of San Bernardino is a very diverse community, her citizens are people of many cultures and faiths. The Mexican Community's history began with the land grants given to the Sepulveda and Lugo Families in the early 1800's. Our citizens of Mexican heritage came together in 1984 to form the Sinfonia Mexicana under the auspicious of the San Bernardino Symphony Orchestra. I . With the purpose of exposing all our citizens to the classic music of world renowned Mexican composers. 2. To generate through music, community awareness and an appreciation of the ancient and diverse culture of Mexico. Later a new component was added, the Mariachi Concerts and in 1997 a Mariachi Youth instructional program was developed with an enrollment of 55 students 8-17 years of age. * Estimated Attendance - 3,000 * Number of Performances - 2 * Estimated Costs..........$100,500.00 * Estimated income..........$65,650.00 * Grant requested..........$34,000.00 * Fine Arts Commission recommended..........$15,000.00 RESOL D J 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WY1 THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 8 9 and directed to execute on behalf of said City an Agreement with the SINFONIA . 10 MEXICANA, a copy of which is attached hereto marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above referenced agreement 13 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 14 15 passage of this resolution. 16 17 18 19 20 21 22 23 24 25 26 27 28 September 22, 1998 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT'WITH THE SINFONIA MEXICANA FOR THE 1 PROMOTION OF ARTS AND CULTURE. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a meeting thereof, 5 held on the day of , 1998, by the following vote, to wit: 6 Council Members AYES NAYS ABSTAIN ABSENT 7 ESTRADA — — — — 8 LIEN — — — — 9 10 ARIAS — — — 11 SCHNETZ — — — — 12 DEVLIN — — — — 13 ANDERSON — — — — 14 MILLER — — — — 15 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 19 1998. 20 JUDITH VALLES, Mayor 21 City of San Bernardino Approved as to form and 22 legal content: 23 James F. Penman, 24 City orney 25 By: 26 27 28 September 22, 1998 2 98-287 1 AGREEMENT 2 Fine Arts Funding 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 ERNARDINO, a municipal corporation, referred to as "City" and the 5 INFONIA MEXICANA SOCIETY, 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 from 10 City for the fiscal year 1998-99, in order to assist in defraying 11 the expense of certain concerts, shows, festivals, or events or 12 activities sponsored by Organization as set forth in Organization' s 13 grant proposal (hereinafter "the proposal" ) approved by the Fine 14 its Commission of the City. A copy of said proposal is on file in 15 the Mayor' s Office of Cultural Affairs . The terms of the proposal 16 are incorporated herein by reference and shall govern the uses of 17 the funds provided herein. The financial assistance provided for 18 in this agreement is made on a one-time only basis, and receipt of 19 said funds shall not imply a continuing obligation of the City 20 beyond the terms of this Agreement . 21 B . The expenditure is for a valid municipal public 22 purpose, to wit : for the promotion of art appreciation in San 23 Bernardino, as more fully set forth in the proposal submitted by 24 Organization. 25 2 . Payment . Upon presentation of a claim to the Mayor' s 26 Office, City shall pay to Organization from the 27 28 -1- Exhibit 'W' 98-287 1 AIGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA OCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 budget for the 1998-99 fiscal year, the total sum of $15, 000 4 dollars, to cover the costs per the Fine Arts grant application 5 agreement . 6 3 . Use of Funds . The funds paid to Organization shall be used solely for the purposes set forth in Paragraph 1 and in strict $ compliance with the provisions set forth in the agreement . No 9 eviation from the agreement shall be made without the express 10 approval of the City of San Bernardino. Said funds shall be 11 expended by June 30 , 1999, and any unexpended funds shall be 12 returned to City by Organization. 13 4 . Accounting. Within 20 days after the completion of the 14 event, the Organization shall submit to the Mayor' s Office, with a 15 copy to the Director of Finance, an accounting of the actual 16 expenditures connected with said event as it relates to the funds 17 which were provided by the City. Financial records shall be 18 maintained in accordance with generally accepted accounting 19 principles by Organization in such manner as to permit City to 20 easily trace the expenditures of the funds . All books and records 21 of Organization are to be kept open for inspection at any time 22 during the business day by the City or its officers or agents . 23 Failure to submit the financial records in accordance with this 24 section will result in the Organization reimbursing the City. 25 5 . Hold Harmless . Organization covenants and agrees to 26 defend, indemnify, and hold harmless the City and its employees and 27 agents from all liabilities and charges, 28 -2- 98-287 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA j SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 expenses (including counsel fees) , suits or losses however 4 occurring, or damages arising or growing out of the use or receipt 5 of the funds paid hereunder and all operations under this 6 agreement . Payments hereunder are made with the understanding that 7 the City is not involved in the performance of services or other 8 activities of Organization. Organization and its employees and 9 agents are independent contractors and are not employees or agents 10 of the City in performing said services . 11 6 . Termination. City shall have the right to terminate 12 this Agreement and any funding remaining unpaid hereunder for any 13 reason by mailing a ten-day written notice to Organization and this 14 agreement shall terminate ten days after the mailing of such 15 notice . In the event this Agreement is terminated for reasons of 16 improper use of funds or use of funds for any purpose other than 17 those authorized, any unexpended portion of the funds provided by 18 City shall be returned to City. In addition, Organization shall 19 reimburse to City any funds expended which were used for any 20 purposes other than those authorized under this Agreement . 21 7 . Assignment . Organization shall not assign its interest 22 in this Agreement without the prior written approval of City. 23 8 . Insurance . Organization shall take out and maintain 24 during the life of this Agreement such public liability and 25 property damage insurance as shall insure City, its elective and 26 appointive boards, commissions, officers, 27 28 -3- 98-287 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA 1 SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 agents and employees, Organization and its agents performing acts 4 covered by this Agreement from claims for damages for personal 5 injury, including death, as well as from claims for property damage 6 which may arise from Organization' s or its agents' operations 7 hereunder, whether such operations be by Organization or its agents 8 or by anyone directly or indirectly employed by either Organization 9 or its agents, and the amounts of such insurance shall be as 10 follows : 11 (a) Public Liability Insurance . In an amount not less than 12 $1, 000, 000 for injuries, including, but not limited to, death, to 13 any one person, and subject to the same limit for each person, in 14 an amount not less than $100, 000 on account of any one occurrence; 15 (b) Property Damage Insurance . In an amount of not less than 16 $50 , 000 for damage to the property of each person on account of any 17 one occurrence . 18 (c) Workers Compensation. Organization shall provide workers 19 compensation insurance in the amount required by state law if the 20 funds provided hereunder are to be paid as salary to any employee 21 of Organization. Organization shall require that all rights of 22 subrogation under such policy of workers compensation insurance 23 shall be waived as to City. City shall be set forth as an 24 additional named insured in each policy of insurance provided ! 25 hereunder. 26 (d) The Certificate of Insurance furnished to the City shall 27 require the insurer to notify the City of any change or termination 28 in the policy. -4- 98-287 GREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA 1 OCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 9 . Obligation. Organization hereby covenants that it has 4 taken all actions necessary to make the adherence to the 5 obligations imposed by this agreement a binding obligation of the 6 organization. 7 10 . Notices . All notices herein required shall be in writing 8 and delivered in person or sent by certified mail, postage prepaid 9 addressed as follows : 10 As to City: As to Organization: 11 Mayor' s Office J. Lou Herz City of San Bernardino sinfonia Mexicana Society 12 300 North "D" Street 362 W. Court St . San Bernardino, CA 92418 San Bernardino, CA 92401 13 14 11 . Entire Agreement . This Agreement and any documents or 15 instruments attached hereto or referred to herein integrate all 16 terms and conditions mentioned herein or incidental hereto, and 17 supersede all negotiations and prior writing in respect to the 18 subject matter hereof . In the event of conflict between the terms, 19 conditions or provisions of this Agreement, and any such document 20 or instrument, the terms and conditions of this Agreement shall 21 prevail . 22 12 . Non-Discrimination. Organization agrees that for the term 23 of this Agreement it shall not discriminate in employment, 24 recruitment, hiring, admission practices, advertising or in any 25 other manner on the basis of race, color, creed, religion, national 26 origin, sex, physical handicap, or marital status . 27 / �r 28 DATED: -5- 98-287 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA 1 SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 CITY OF SAN BERNARDINO 4 / 5 J7111 h Va les, Mayor 6 7 8 ATTEST: L '/mil Jam• UaAy 9 Rachel G. Clark, City Clerk 10 ok-06V& 44f &P40 F 11 ORGANIZATION 12 13 Approved as to form and legal content : 14 JAMES F. PENMAN 15 City Attorney 16 17 BY: 18 19 20 21 22 23 24 25 26 27 28 -6- 98-287 PERFORMING ARTS - GRANT APPLICATION FORM The City of San Bernardino- Fine Arts Commission I. APPLICANT ORGANIZATION H. Contact Person G. Louis Herz Title President Phone: (909) 875 - 8954 FAX(909) 875 2142 Sinfonia Mexicana Society III. Program category under which Support 362 West Court Street is requested: Music San Bernardino, California, 92401 IV. Period of Support Requested Phone: ( 909)3815388 .July 1. 1998 through Jane 30. 1999 Non-Profit I.D. 95-6153923 Starting Ending Number of Years In Existence 12 ==:e==------= V. PROJECT DESCRIPTION: Under the auspices of the Inland Empire Symphony Association,the Sinfonia Mexicana Society will once again present two culturally relevant and professionally significant concerts in fiscal year 1999.. A highly professional performance by the premier mariachi musicians Marlachi Sol de Mexico de Jose Hernandez will be held on December 11, 1998. and include traditional Mexican/American Christmas selections performed alternately and in unison with Sinfonia Mexicana Student Mariachi,composed of over 50 area children and Ballet Folklorico Cieltto Undo. The second half of the fiscal year,August 11, 1999, Sinfonia Mexicana again will host, Maestro Enrique Diemecke,this time conducting the Orquestra Slnfonica National de Mexico; these 110 musicians and chorus will provide an outstanding classical concert of a scope not previously enjoyed by our patrons. Additionally,the local school children,educated as mariachl,will continue to demonstrate their musical accomplishments in a number of civic appearances and at concerts, VL ESTIMATED PERSONS EXPECTED TO BENEFIT FROM THIS PROGRAM/PROJECT: 5000 a) Number of persons by paid attendance: 3000 b) Number of persons by free complementary admission: 500 c) Number of performances scheduled: 2 d) Total attending all performances ( (a) plus(b) 3500 VII. NEED STATEMENT: Inland Empire demographics demonstrate the need for a vigorous and reputable institutionalization of the cultural arts. This has been demonstrated In a number of memorable classical concert performances at San Bernardino's California Theater as well as the UCSB Cossoulis Arena where the concert attracted a record number 4,500 persons. In subsequent concerts at the California Theater,Sinfonia Mexicana continues to provide quality musical entertainment to the community at large with classical as well as traditional Mexican music performances. The arts,expressed by us in music,provide for harmonious existence and understanding. Cultural diversity through music contributes significantly to stability In a community with a diverse pupulation. VIII. INTENDED RESULTS: A diverse cross-section of residents will be exposed this year during the two scheduled concerts. In addition,the separate youth project,which features young aspiring mariachl musicians,will provide these youngsters with an opportunity to see and learn from an inspirational entourage of adult musicians. Members of he community,regardless of social or economic classification will be provided with the opportunity to view these concerts. The City of San Berardino will provide the legitimate acknowledgment and endorsement of the cultural diversity found In San Bernardino. Such exposure througwritten and visual media provides the basic foundation and mind set necessary in the successful efforts of the Sinfonia Mexicana Society to meet its public and social responsibilities. 1 98-287 IX. Total anticipated expenses for this period: (Sinfonia Mexicana Society only) Salary&Wages $ 18,000* Supplies&Material(Concert related only) 1,500 Travel $ 0 Fixed Assets/Rentals or Leases(California Theater&Production) 16,000 Outstanding Loan Payments (IESA) 0 Fees&Others (Includes$15,000 for Mariachi Youth instructors) 65,000 Total Costs 100,500 *Since Sinfonia Mexicana Society is a subsidiary organization of the Inland Empire Symphony Association,the fee charged by the IESA to the SMS covers the expenses referred to above.For the 1998/99 concert series(2)the IESA has requested the SMS to pay $9,000 per concert or$18,000 for the two concerts to cover"Administrative Expenses". ssassssssssssssss====s===c==ssssssscxa-�==ess==�s=s��ca=sssss==s�sss==ssss�asssss�s=s=ass X. Total anticipated income for this period: Most Recent This Fiscal Period Fiscal Period Income from performances $ 40,997 $42,000 Revenue(stocks,bonds,rentals,etc.) $ 0 $ 0 Grants(includes$12,000 for Mariachi Youth Instructional Program) $ 39,900 $22,000 Contributions $ 500 $ 0 Funds from Support Groups (Manachi Youth Administration) $ 0 $ 1,500 Othor $ 0 $ 150 Total Income $ 65,650 $65.650 XI. Amount requested from the San Bernardino Fine Arts Commission: A) Total Costs (Section DQ $ 104,000 B) Total Income(Section X) 65,650 C) Amount Requested ([a] minus[b]) $ 34,850** Percentage Requested: (Amount requested divided by Total Costs) 35% ** S 5,000 for Sinfonia Mexican*Mariachi Youth Program 2 98-287 XII>Amount per person to be subsidized by Fine Arts Grant Amount Requested(Section XI Line(c))divided by number of people attending(Section VI Line(d)): S 6.97 XIIL Future Objectives: As the availability of city funds will be Increasingly restricted in the foreseeable future,how does your organization propose to become more self-sufficient? The Sinfonia Mexicana Society has established an active local and regional fund development campaign to generate much needed financial support. Corporations and foundations as well as art groups are being solicited f&operating funds and musical performance funding. Additionally,our Marlachi Youth Instructional Program,started in May 1997,with an enrollment of 55 youngsters age 8 to 17,Is a big success. Instructional costs run about$15,000.00 per year,using professional mariachi musicians as Instructors. Closely tied to our concert series,the viability of the youth program is dependent upon the survival of the Sinfonla Mexicana Society. Of course,concert ticket sales will be pushed to offset future performance and operating expenses. X11L Provide a brief history/background of the organization: The Sinfonia Mexicana Society is affiliated with the Inland Empire Symphony Association OESA),which serves as the fiscal agent. In order that both entities understand each other's goals and objectives,representatives of both sit on each other's committees and advisory boards. It is the Sinfonia Mexicana Society's responsibility to develop,organize and promote concerts which feature music by Mexican composers and performers of classical music that serves to generate community awareness,education and appreciation of the Mexican culture. Additionally,Sinfonia Mexicana promotes the ever popular mariachl concerts and develops other activities and programs for the enjoyment and benefit of Inland Empire residents,both adults and children. Now,into Its 14th year of organization and involvement,the Sinfonia Mexicana Society has an impressive record of performances as described in the history of Sinfonia Mexicana in Its concert program booklets. Sinfonia Mexicana will continue to develop high quality and sophisticated performances by world renowned artists and performers.The addition of our youth mariachi music instructional program Is designed to build confidence in students as part of their education as well as encourage their appreciation of classical and traditional Mexican music. csaaaa==asaaassassassssssssasssssxaaacasccs sac===sssss=ssassssssaxsa=ssss=- ar-sasssaa=aa� Certification: Project Officer:: G. Louis Herz Title: President Phone Number: (909)875 8954 Date: July 9, 1998 3 98-287 Sinfonia Mexicans Society 1998!1999 Budget As.of 7-1-98 Dec 11, 1998 AL,rii 11, 1999 INCOME Advertising Revenue* 0 0 Charitable Contribution 0 0 Concession Percent 0 0 Foundation Grants 5,000 5,000 Government Grants 16,000 16,000 Program Book Sales 500 500 Ticket Sales 21.000 TOTAL REVENUE 42,600 420500 EXPENSES Truck Rental 0 100 Piano Rental 0 135 Advertising 500 500 IESA Administrative Allocation 9,000 9,000 Artist Fee 12,500 36,000 Artists Lodging/Meals 100 0 Theater Rental 1,760 1,760 ASCAP Fees 0 50 Box Office 50 50 Bulk Mail 135 135 Food for Musicians & Crew 100 0 Program Book 500 500 Recording 185 Sound System Rental 2,800 0 Stage Managers 250 250 Stage Hands/Loaders 1,500 800 Ticket Printing 148 148 A-1 Audio 2,000 0 Poste 300 300 Concert Coordinator 400 200 Miscellaneous 628 185 TOTAL 32,856 50,083 " in kind contributions included Ticket Prices(for both performances): 30, 25, 20, 15 Supplement to Page 2 98-287 SINFONM Trini Gomez 1265 E. Shamrock MEXICANA San Bernardino, CA 92410 SOCIETY Maurice Calderon (909) 884-1649(h) Members - 1997 1501 Ridge St (909) 381-6259(0) Redlands, CA 9237'3 (909) 384-0419(f) (909) 793-7256(h) (909) 890-0211 x532(o) Graciano Gomez (909) 890-0429(f) 1265 E. Shamrock San Bernardino, CA 92410 Raul Cardenas-Heraldez (909) 884-1649(h) HONORARY MEMBER (909) 381-6259(o) Marie Alonzo Consul de Mexico (909) 384-0419(f) 3064 LeRoy St 532 N. D St San Bernardino, CA 92405 San Bernardino, CA 92401 Lou Herz (909) 387-2230(o) 889-9837(o) 19545 Oakland Ave (909) 387-2241(f) 889-8285(f) Rialto, CA 92377 (909) 875-8954(h) Sophie Arias Mary L. Chavez (909) 875-2142(f) 4550 Harrison Canyon Rd 1864 Evelyn Cr San Bernardino, CA 92404 Colton, CA 92324 Edward (Duke) Hill (909) 882-3428(h) (909) 884-3841(h) HONORARY MEMBER (909) 384-5133(o) (909) 381-5388(o) 1752 Lomas Privadas Dr San Bernardino, CA 92404 Glendy Avila Rosa Cortu (909) 882-0080(h) PO Box 208 HONORARY MEMBER (909) 881-1864(o) Yucaipa, CA 92399 Mexican Consulate (909) 886-1585(0 (909) 795-1764(h) 532 N. D St (909) 383-5777(o) San Bernardino, CA 92401 Maria Lopez (909) 407-8547 (909) 889-9836(o) 471 W. 25th St 889-8285(f) San Bernardino, CA 92405 Gloria Bocanegra (909) 386-3951(o) 1370 Oak St Alfredo Enciso Redlands, CA 92373 637 N. Mt Vernon Ave Anastacio Lozada (909) 793-5888(h) San Bernardino, CA 92411 16036 Arrow Rt (909) 386-8732(o) (909) 888-2791(o) Fontana, CA 92335 (909) 823-0044(o) Tony Bocanegra Charles Eisenhard 1370 Oak St 27447 Pacific St Esther Mata Redlands, CA 92373 Highland, CA 92346 930 W. Edgehill Rd (909) 793-5888(h) (909) 864-2310(o) San Bernardino, CA 92405 (909) 882-2943(o) (909) 864-6220(f) (909) 886-7423(h) (909) 886-9619(f) (909) 880-6649(o) (909) 420-8861(pgr) (909) 800-6654(f) Attachment 98-287 Manuel J. Peredia 18290 Roberts Rd Riverside, CA 92508 (909) 780-5077 Manny Sanchez 73-221 Highway 111 Palm Desert, CA 92260 (619) 773-6600(o) (909) 773-66030 Mary Schnepp 1110 Devonshire Rd San Bernardino, CA 92404 (909) 886-4448(h) (909) 881-1864(o) (909) 886-1585(fl Jesse Valenzuela 2643 W. Williams St Banning, CA 92220 (909) 846-3929(h) (909) 885-2222(o) revised 8-04-97 C I T Y O F 5...i. .�T♦ �, T L an bernardino R A C H E L C L A R K C I T Y C L E R K October 7, 1998 J. Lou Herz Sinfonia Mexicana Society 362 W. Court St San Bernardino, CA 92401 Dear .�Ir. Herz: At the Mayor and Common Council meeting of October 5, 1998, the City of San Bernardino adopted Resolution 98-287 authorizing a fine arts funding agreement. Enclosed is an original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box 1318, San Bernardino, CA, 92418 as soon as possible. You will be mailed an executed copy for your files. Please be advised that said resolution will be null and void if it is not executed within sixty (60) days — December 4, 1998. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Rachel Clark City Clerk By: Melanie Miller, Senior Secretary RC:mam Enclosures P . O . B O X 1 3 1 8 , S A N B E R N A R D 1 N O , C A 9 2 4 0 2 3 0 0 N O R T H 0 S T R E E T S A N B E R N A R D I N 0 , C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 . 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 -S 1 5 8 T D D / T T Y - ( 9 0 9 ) 3 8 4 . 5 5 4 0