HomeMy WebLinkAbout1999-290
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RESOLUTION NO. 1999-290
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS
AND CULTURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby authorize
and direct to execute on behalf of said City an Agreement with Sinfonia Mexicana
Society, a copy of which is attached hereto marked Exhibit "A" and incorporate herein by
references as fully as though set forth at length.
SECTION 2.
The authorization to execnte the above referenced agreement
is rescinded if the parties to the agreement fail to execnte it within sixty (60) days of the
passage ofthis resolntion.
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1999-290
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS
AND CULTURE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
.' . joint
and Common Council of the CIty of San Bemardmo at are<:fUl ar meeting thereof, held on the
15th day of November, 1999, by the following vote, to wit:
Council Members:
AYES
ABSTAIN
ABSENT
NAYS
ESTRADA
x
LIEN
x
x
MCGINNIS
SCHNETZ
*
x
ANDERSON
x
MILLER
x
* 5th Ward Vacant
~~.t IJo C~<-L
City Clerk
The foregoing ordinance is hereby approved this
17f1-u1ay of November ,
1999.
Approved as to
Form and legal content:
JAMES F. PENMAN,
24 City tomey
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1999-290
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as
"City" and the Sinfonia Mexicana Society, a non-profit
organization, referred to an "Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
Assistance from City for fiscal year 1999-00, in order to
assist in defraying the expense of certain concerts,
shows, festivals, or events of activities sponsored by
Organizations as set forth Organization's grant proposal
(hereinafter "the proposal") approved by the Fine Arts
Commission of the City. A copy of said proposal is on
file in the Mayor's Office of Cultural Affairs. The terms
of the proposal are incorporated herein by reference and
shall govern the uses of the funds provided herein. The
financial assistance provided for this agreement is made
on a one-time only basis, and receipt of said funds shall
not imply a continuing obligation of the City beyond the
terms of this Agreement.
B. The expenditure is for valid municipal public
purpose, to wit: for the promotion of art appreciation in
San Bernardino, as more fully set forth in the proposal
submitted by Organization.
Pavment. Upon presentation of a claim to the
Office, City shall pay to Organization from the
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1999-290
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND The
SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF THE ARTS
AND CULTURE.
budget for the 1999-00 fiscal year, the total sum of
$18,000.00 dollars, to cover the costs per Fine Arts
grant application agreement.
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 deviation from the
agreement shall be made without the expressed approval of
the City of San Bernardino. Said funds shall be expended
by June 30, 2000, and any unexpended funds shall be
returned to City by Organization.
4. Accountinq. Within 20 days after the
completion of the event, the Organization shall submit to
the Mayor's Office, with copy to the Director of Finance,
an accounting of the actual expenditures connected with
said event as it relates to the fund which were provided
by the City. Financial records shall be maintained in
accordance with generally accepted accounting principles
by Organization in such manner as to permit City to
easily trace the expenditures of the funds. All books and
records of Organization are to be kept open for
inspection at any time during the business day by the
City or its officers or agents. Failure to submit the
financial records in accordance with this section will
result in the Organization reimbursing the City.
5. Hold Harmless. Organization covenants and
agrees to defend, indemnify, and hold harmless the City
and its employees and agents from all liabilities and
charges,
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA FOR THE PROMOTION OF THE ARTS AND
CULTURE.
expenses (including counsel fees), suits or losses
however occurring, or damages arising or growing out of
the use or receipt of the funds paid hereunder and all
operations under this agreement. Payments hereunder are
made with the understanding that the City is not involved
in the performance of services or other activities of
Organization. Organization and its employees and agents
are independent contractors and are not employees or
agents of the City in performing said services. The
costs, salary and expenses of the City Attorney and
members of his office in enforcing this agreement on
behalf of the City shall be considered as "counsel fees"
for the purposes of this paragraph.
6. Termination. City shall have the right to
terminate this Agreement and any funding remaining unpaid
hereunder for any reason by mailing a ten-day written
notice to Organization and this agreement shall terminate
ten days after the mailing of such notice. In event this
Agreement is terminated for reasons of improper use of
funds or use of funds for any purpose other than those
authorized, any unexpended portion of funds provided by
City shall be returned to City. In addition, Organization
shall reimburse to City any funds expended which were
used for any purpose other than those authorized under
this Agreement.
7. Assiqnment. Organization shall not assign
its interest in this Agreement without the prior written
approval of City.
8. Insurance. Organization shall take out and
maintain during the life of this Agreement such public
liability and property damage insurance naming as
additional insured the City, its elective and appointive
boards, commissions, officers,
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA
MEXICANA SOCIETY FOR THE PROMOTION OF THE ARTS AND
CULTURE.
Agents and employees, Organization and its agents
performing act covered by this Agreement from the claims
for property damage for personal injury, including death,
as well as from claims for property damage which may
arise from Organization's or its agents' operation
hereunder, whether such operations be by Organization or
its agent or by anyone directly or indirectly employed by
either Organization or its agents, and the amounts of
such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not
less that $1,000,000 for injuries, including, but not
limited to, death, to any person, and subject to the same
limit for each person, in an amount not less than
$100,000 on account of anyone occurrence.
(b)
less than
person on
Property Damage Insurance. In an amount not
50,000 for damage to the property of each
account of an occurrence.
(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder are
to be paid as a salary to any employee of organization.
Organization shall provide worker compensation insurance
in the amount required by state law if the funds provided
hereunder are to paid as salary to any employee of
Organization. Organization shall require that all rights
of subrogation under such policy of workers compensation
insurance shall be waived as to City. City shall be set
forth as a additional named insured in each policy of
insurance provide hereunder.
(d) The Certificate of Insurance furnished to the
City shall require the insurer to notify the City of any
change or termination in the policy.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
SINFONIA MEXICANA SOCIETY OF THE ARTS AND CULTURE.
9. Obliqation. Organization hereby convenants
that it has taken all actions necessary to make the
adherence to the obligations imposed by this agreement a
binding obligation of the organization.
10. Notices. All notices herein required shall be
in writing and delivered in person or sent by certified
mail, postage prepaid addressed as follows:
As to City:
Organization:
As to
Mayor's Office
Anthony Bocanegra
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
Sinfonia Mexicana Society
362 W. Court Street
San Bernardino, CA. 92404
11. Entire Aqreement. This Agreement and any
other documents of instruments attached hereto or
referred to herein integrate all terms and conditions
mentioned herein or incidental hereto, and supersede all
negotiations and prior writing in respect to the subject
matter hereof. In the event of conflict between the terms
conditions or provisions of this Agreement, and any such
document or instrument, the terms and conditions of this
Agreement shall prevail.
12. Non Discrimination. Organization agrees that
for the term of this Agreement it shall not discriminate
in employment recruitment, hiring, admission practices,
advertising or in an other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
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DATED:
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1999-290
1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
2 SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF THE
AND CULTURE.
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CITY OF SAN BERNARDINO
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9 ATTEST: r?_ ~ j. /J b. C~
R:c~lark, City Clerk
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ORGANIZATION
13 Approved as to form
and legal content:
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15 James F. Penman
16 City Attorney
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ARTS
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1999-290
PERFORMING ARTS - GRANT APPLICATION FORM
J. Applicant Organization (Name,
Address, etc.)
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City of San Bernardino - Fine Arts Commission
Sinfonia Mexicana Society
362 West Court Street
San Bernardino, CA 92404
II. Contact Person Anthonv Bocanegra
Title President
Phone (909) 381-5388
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III. Program Category Under which
Support is requested: Music-
Performine Arts Grant Aoolication
Phone (909) 381-5388
NOh-Profit J.D. 95-6153923
Number of years in existence: 1.1
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IV Period of Support Requested
August 1999 through June 30.2000
Starting Ending
V Project Descriptions:
The Sinfonia Mexicana Society plans to present three distinct and culturally relevant programs in San
Bernardino On October 30, 1999 a unique night of Latino comedy and traditional Mexican "Day of the
Dead" artiSlTY. On December 12. 1999 a Mem-Achl Christmas & "Las Posadas'" mariachi concert
And, on April 15, 2000 the classical concert featuring the world oremiere of the orchestra arrangement
of the traditional folk music of Mexico's Veracruz region (currently in the process of being arranged for
the very first time in symphonic form at the University of Veracruz by acclaimed composer Mateo
Oliva). The Sinfonia is proud that San Bernardino was selected to premier this new and innovative
program. This classical concert will feature the first woman (Latina) conductor to direct the San
Bernardino Symphony Orchestra at the historic California Theatre of Performing Arts. The Sinfonia will
proudly feature local artists, musicians and performers (including the student manachi group) along
with nationally and Internationally renowned guest conductors and anists. Please refer to Appendix A
for more details about the three state-o~fhe-art cultural programs and descriptions of the various artists.
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\>1. Estimated number of persons expected to benefit from this
program/project _5400
a) ;>,iumber of persons by paid attendance: 4350
b) Number of persons by free complimentary admission: 750
c) Number of performances scheduled: -.1
d) Total attending all performances ((a) plus (b)) 5100
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\>11. Need Statement:
The arts provide the community splendid opportunities for harmonious coexistence and understanding
of cultural diversity and serves to foster a ngood neighbor policy" with Mexico and the Latino
community through the umversallanguage of music and the cultural arts. Local demographics suggest
an upsurge in the Hispanic population - they comprise 40% of residents in the grearer San Bernardino
area. Also, there is a large void in the production of professional high calibre cultural performances in
the region that appeal to both the Latino community and the general public as well.
===================================================
VIll. Intended Results:
Approximately 5400 persons will be impacted by the beautiful music and diverse cultural traditions of
regional Mexico. Indeed, there is a growing body of classical music that a great nwnber of people of
Latino descent are unaware exists in their culture. The general public shall be both educated and
entertained with these unique musical and cultural performances which impart great crossover appeal.
Please see Appendix B for more information on intended results on the target community.
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IX. Total anticipated expenses for this period:.
a. Salary & Wages (Human resources)
TOTAL COSTS
S 95.400
S 11.1 00
$ 4.000
S 13.020
$ ~
$ 6.400
$ 130.209
b. Supplies & Material
c. Travel
d. Fixed AssetslRentals or Leases (Theater; equipment)
e. Outstanding loan payments
f Fees, Misc. & Other
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.Please refer to Appendix B for a detailed line-item budget for the three performances.
X Total anticipated income for this period.
Most Recent This
Fiscal Period" Fiscal Period
Income from performances $ 30.483 $ 62.000
Revenue (ads, program book, liquor. etc.) $ 3.633 $ 5.500
(No stocks or bonds)
Grants (govt & foundations) $ 20.000 $ 13.250
Contributions (corp. & inkind support) $ _9.225 $ 27.500
Funds from Support Groups $ 0 S 300
(Membership fees)
TOTAL INCOME $ 63.341 S 96.400
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..Please referto Appendix B for FYI 998-1999 Report of Funds Expended for the two concerts.
XI. Amount requested from the San Bernardino Fine Arts Commission:
a) Total Costs (Section IX)
S 130.209
b) Total Income (Section X)
( - ) S 96.400
c) AMOUNT REQUESTED ((a) minus (b))
Percentage requested:
(Amount Requested divided by Total Costs)
S 33.809
0.260/.
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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))
$ 6.63
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XII. Future objectives:
As availability of City funds will be increasingly restricted in the foreseeable future, how does
your organization propose to become more self-sufficient?
The Sinfonia has established a new more proactive local and regional fund development campaign.
Their strategic fundraising plan includes: direct mass mail donor solicitations, grant proposals to the
California Arts Council, U.S. Council for the Humanities, foundations, and corporations. Other
fundraising plans include intensive solicitations for program sponsorships and appeals to current and
past supporters. Also, special events are being developed, such as dances, dinners, and a special
chartered bus trip to the Diego Rivera Art Exhibit, etc. Their aggressive marketing plan includes
creative multi-media program promotions and advertising; enhanced telemarketing of tickets; and,
extensive solicitations for advertising in program booklets.
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XIII. Provide a brief historylbackground of the organization:
The Sinfonia Mexicana Society is unique in the region. They were the first organization in the nation
established primarily to promote community cultural awareness and appreciation of the fine classical
works of Mexico's composers They have presented numerous award-winning compositions which
enjoyed their U.S premiere in San Bernardino, including "Suite de Lara," "Mosaico," "De-Sir-E" and
others They are affiliated with the Inland Empire Symphony Association, which serves as its fiscal
agent. Representatives of both entities serve on each other's governing boards to foster greater mutual
understanding. Comprised of local civic leaders and other volunteers, the Sinfonia is solely responsible
for fund development. program development, coordination and promotion of its concerts and other
events. Additionally. the Consulate of Mexico is represented by theIr active Sinfonia participation
The Sinfonia has receIved poSItive public recogrution and numerous commendatIOns for being at the
forefront of intercultural and international exchange and presenting the positive cultural traditions of
Mexico. They founded the first student mariachi group in the entire region with the goals of supporting
youth in the appreciation of this popular music form, and helping them establish positive extracurricular
activities in the performing arts. To be sure, because of the valued longtime friendships established
between current and former Sinfonia members with Mexican dignitaries, San Bernardino has been the
venue of choice for world-class concerts, such as last year's critically acclaimed perfonnance by the
National Symphonic Orchestra of Mexico. Most recently, contact between San Bernardino's Dr. Ernie
Garcia and Maestro Mateo Oliva of the University of Veracruz at Xalapa helped solidify collaboration
between the Sinfonia and Maestro Oliva. Please refer to Appendi:x C for Sinfonia history, copies of
selected commendations, press reviews and correspondence with the University of Veracruz.
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Project Officer:
4~~C/ZCh<P~
Anthonv B~c~e~a,_ Title: President
CERTIFICATION
Phone Number: (909) 381-5388
Date: Julv 29. 1999
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List Board of Directors and Officers
(Include names, addresses and phone numbers)
Please refer to Attachment 9a
For Sinfonia Mexicana Society Board Roster
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Attachment 9a
Sinfonia Mexicana
BOARD ROSTER
Alonzo, Marie 200 S. Lena St Phone:
Spouse: Alex San Bernardino CA 92415 OfficePhone: 387.2230
Committee: Term Expires: 1999 Fax#: 367-2241
Job Tftle:
Arias, Sophie 4450 Harrison Canyon Rd Phone: 662.3426
Spouse: San Bernardino CA 92404 OfficePhone: 620-2612 #2300
Committee: Term Expires: Fax#: 620-2554
Job Tftle:
Avila, Glendy PO 80x 206 Phone: 795-1764
Spouse: Yucaipa CA 92399 OfficePhone' 363.5600
Comminee: Treasurer Term Expires FaX#
Joe Title:
Bocanegra, Anthony 1370 Oak 5t Phone" 793-5888
Spouse: Gloria Redlands CA 92373 OfficePhone: 662.2943
Committee: President Term Expires: Fax#: 666-9619
Job Tftle:
Bocanegra, Gloria 1370 Oak 51 Phone: 793-5666
Spouse: Tony Redlands CA 92373 OfficePhone: 386-8732
Committee: Term Expires: FaX# 386-8786
Job TftJe:
Boswell. Linda 11 n4 Bostick Ave Phone: 625.0248
Spouse: Colton CA 92324 OfticePhone:
Committee: Term Expires: Fax#:
Job Title:
Calderon, Maurice 1501 Ridge St Phone: 793-7256
Spouse: Redlands CA 92373 OfficePhone: 379-6273
Committee: Term Expires: 1999 Fax#: 690'()429
Job TrtJe:
Cardenas--HeraJdez. Raul 532 N. D St Phone:
Spouse: San Bemardino CA 92401 OfficePhone: 689-9637
Committee: Term Expires: Fax#: 889-8285
Job TrtJe:
Chavez, Mary L 1864 Evelyn Cr Phone: 664-3641
Spouse: Fred Colton CA 92324 OffieePhone: 381-5366
Committee: Term Expires: Fax#: 381-S380
JobTrtJe:
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1999-290
Appendix A
Supolemental information to Section V. Proiect Descriptions:
· Explanation of the Mexican "Day of the Dead"
· Photos of Altars and Offerings for "Day of the Dead" Festivities
. Artists' Biographies
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