HomeMy WebLinkAbout1999-287
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RESOLUTION NO. 1999-287
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE MEXICAN-AMERICAN HERITAGE PAGEANT 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 Mexican-American
Heritage Pageant, a copy of which is attached hereto marked Exhibit "A" and
incorporate herein by references as fnlly as though set forth at length.
SECTION 2.
The authorization to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
passage ofthis resolution.
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1999-287
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE MEXICAN-AMERICAN HERITAGE PAGEANT 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 Bernardino at a regular meeting thereof, held on the
15th day of November, 1999, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Council Members: AYES
ESTRADA x
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LIEN x
MCGINNIS x
SCHNETZ x
*
ANDERSON --X--
MILLER
* 5th Ward Vacant
x
~.c../lf I. h. ~'-
Cit Clerk
The foregoing ordinance is hereby approved this
/711-<-...day of November,
1999.
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Approved as to
Form and legal content:
JAMES F. PENMAN,
24 City torney
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1999-287
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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 Mexican-American Heritage Pageant, 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.
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Mayor's
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Pavment. Upon presentation of a claim to the
Office, City shall pay to Organization from the
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE MEXICAN
-AMERICAN HERITAGE PAGEANT FOR THE PROMOTION OF THE ARTS
AND CULTURE.
budget for the 1999-00 fiscal year, the total sum of
$5,000.00 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 MEXICAN
-AMERICAN HERITAGE PAGEANT 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. Assionment. 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 MEXICAN-
AMERICAN HERITAGE PAGEANT 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
MEXICAN-AMERICAN HERITAGE PAGEANT 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
Daniel Rodriguez
City of San Bernardino
Mexican-American Heritage
Pageant
P.O. Box 1305
San Bernardino, CA. 92402
300 North "D" Street
San Bernardino, CA. 92418
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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1999-287
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2 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE
3 MEXICAN-AMERICAN HERITAGE PAGEANT FOR THE PROMOTION OF
THE ARTS AND CULTURE.
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10 ATTEST: ~JvJ... kJ. C1..
11 Rac~G. Clark, Clty Clerk
CITY OF SAN BERNARDINO
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14 Approved as to form
15 and legal content:
~
Valles, Mayor
ORGANIZATION
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1999-287
PERFORMING ARTS - GRANT APPLICA nON FORM
City of San Bernardino - Fine Arts Commission
J.
Applicant organization (Name,
Address, etc.)
II.
Contact Person Daniel Rodrilruez
Title Fund Develooment Coordinator
Phone: (909) 794-5645
Mexican-American Heritage Pageant
P.O. Box 1305
San Bernardino, CA 92402
ill.
Program Category Under Which
Support is Requested: 3
Phone: (909) 884-1827
No-Profit J.D. 2098503
Number of years in existence: 8 Months
IV. Period of Support Requested
December 1999 through Seotember 2000
Starting Ending
V. Project Description:
The Mexican-American Heritage Pageant is a major theatrical production that incorporates
music, dance, history and the visual arts to entertain and educate not only the student at all levels, but
all peoples from the community. The organization provides the opportunity to singers, dancers and
musicians to train and perform in an atmosphere of professionalism and to promote the historical
contributions and many cultural elements of the Hispanic Community within the Inland Empire. It is
the intent of the Mexican-American Heritage Pageant to harness the performers, educators, artists
and local leaders in providing for a major theater production at the California Theater.
The program would mark the fourth consecutive season of the Pageant after an absence of
nine years. All previous performances have been given at the San Bernardino Valley College
Auditorium. The Mexican-American Heritage Pageant has currently the expertise and the desire as
a newly formed 501 (c) (3) to continue with the production on a larger scale and in a new venue. The
coordination and organization of the Pageant will fall heavily on Artistic Directors, David Rodriguez
who comes to us not only as a native son, but also as a well-seasoned choreographer, dancer, theater
manager and lighting and sound designer.
Funding is required to put on this production at the proposed new venue of the California
Theater. Costs for costumes, lighting, sound, salaries, and the many scenic elements will be the initial
larger costs for the production. Mr. Rodriguez will be working closely with Rosemary Esparza,
another San Bernardino native and also Scenic Designer for the Pageant in designing the many scenic
elements to the production, new drops, set pieces, props and specially designed mache masks. David
will also be creating special effect with the use of wind machines, fog machines and sound effects.
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1999-287
VI. Estimated number of Persons expected to benefit from this
program / project: 7 200
a) Number of persons by paid attendance: 5.400
b) Number of persons by free complimentary admission: 1.100
c) Number of performances scheduled: Three
d) Total attending all performances (a) plus (b): 6.500
VII. Need Statement:
Throughout San Bernardino and the local communities, there does not exist a theatrical group
which presents a production with the scope, depth and the goals of the Mexican-American Pageant.
Considering the rich cultural history of the Hispanic Community and with the large population of the
Hispanic within the San Bernardino Valley, the Pageant will appeal to a significant portion of this
group. Strong elements are found within the production that promote unity and cultural awareness
of all peoples of the Inland Empire.
Another crucial need being fulfilled by the Pageant is the provision of a theatrical arts
experience for school children. The Pageant, as it has in the past, will offer a specially-designed
matinee performance for school children. Six hundred children from the local area attended last years
production. We are also proposing to take elements from the Pageant to the schools whereby the
children, parents and staff are able to see a bit of local history in music, dance and narration.
There also exists the need to offer the opportunity for the local individual to become involved
in the production with their talents as well as a learning experience that may not have otherwise been
offered. The family does also play an important part of local history. The Pageant does play an
important role in portraying family and cultural values.
VIII. Intended Results:
The Mexican-American Heritage Pageant has outlined some very clear results that it would
achieve in the upcoming year. The following are key result areas which the organization intends to
accomplish:
. to educate and promote the social and cultural heritage of the Hispanic Community
. to provide for the opportunity for singers, dancers, and musical to train in an
atmosphere of professionalism
. to ensure an affordable and quality program to the community
. to provide scholarships to promising and talented entertainers
. to provide for two school performances with an estimated audience ofl,2oo children
. to provide for one performance keying the Senior Citizen as the target audience with
an estimated attendance of2,OOO
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IX. Total anticipated expenses for this period:
Salary and Wages S 35.000
Supplies and Materials S 15.000
Travel S 3.200
Fixed Assets / Rentals or Leases S 5.000
Outstanding loan payments S 0
Fees & Other (promotional / Marketing) S 3.600
Total Costs S 61.800
X. Total anticipated income for this period:
Most Recent This
Fiscal Period Fiscal Period
Income from performances S 5.000 S 10.000
Revenue (stocks, bonds, rentals, etc.) S 0 S 0
Grants S 0 S 12.000
Contributions S 3.500 S 5.000
Funds from Support Groups S 1500 S 1.500
Other (sale items) S 10.775 S 30.000
XI. Amount requested from the San Bernardino Fine Arts Commission:
a) Total Costs ( Section IX) S 61.800
b) Total Income (Section X) (-) S 30.000
c) AMOUNT REQUESTED (fa] minus [b]) S 31.800
Percentage requested:
(Amount Requested divided by Total Costs) 48.5%
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XII. Amount per person to be subsidized bu Fine Arts grant:
Amount requested (Section XI Line [cJ divided by
number of people attending (Section VI Line Cd])
s
4.89
XIII. 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?
It is the intent of the Board of Directors to make the Pageant as much self supporting as
possible through becoming more involved with corporate support and establishing an endowment
fund for the Pageant that would perpetuate required funding needs.
Because we have only been recognized as a 501 (c) (3) in the State of California during the
past eight months, it is also the intent of the Board to develop Business Plan and a Marketing Plan
that would allow for a more self sufficient operation.
The future appointment of key community leaders and individuals with specific skills and
talents will also lead to a more self sufficient organization.
It is also the intent of the Pageant to continue to grow and to provide a well established
program offering not only entertainment value, but also cultural and historical value to all people.
XlV. Provide a brief history / background of the organization:
At the time of its inception in 1978, the Pageant was created with the purpose of instilling a
greater sense of pride and a better understanding of the Mexican Culture among Mexican-American
students at San Bernardino Valley College. The focus and the spirit that began then has now grown
to a broader spectrum. The Pageant seeks to reach out all people of the community. The
presentation of the Mexican historical and cultural roots through dance, art, music and song have
been beautifully blended with present-day American influence to give rise to a production which has
a message for everyone. "Our past is part of our present."
The Pageant which was presented yearly for ten years (1978-1988, evolved into one of the
most successful theatrical productions. The Pageant was discontinued in the late 1980's when funds
were difficult to support the program. It was in 1998 that the Pageant restarted with four
performances for the general public and one performance for school children.
The current Board of Directors were instrumental in forming a 501 (c) (3) organization to
allow for growth and awareness in the community of the Pageant. It is the intent to follow that dream
through.
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Certification:
Project Officer: i2I.14dctl;-
Daniel Rodriguez
Phone Number: (909) 794-5645
Title:
Date:
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Fund Develooment Coordinator
lulv 28. 1999
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1999-287
BOARD OF DIRECTORS AND OFFICERS
Margaret Ortiz, President
4934 David Way
San Bernardino, CA 92404
(909) 883-0387
Virginia Martinez, Vice-President
6799 Serena Street
San Bernardino, CA 92404
(909) 884- 9481
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Rosemary Esparza, Vice President
Artistic Designer
1380 Kingman Street
San Bernardino, CA 92411
(909) 383-1413
David Rodriguez, Artistic Director
Secretary
831 Perris Street
San Bernardino, CA 92411
(909) 884-1827
Daniel Rodriguez, Fund Development Coordinator
Treasurer
1229 Via Barcelona Street
Redlands, CA 92374
(909) 794-5645
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