HomeMy WebLinkAbout1998-279
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RESOLUTION NO. 98-279
RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUllIORIZING TIlE
EXECUTION OF AN AGREEMENTWfffi TIlE BALLET FOLKLORICO CULTURAL
FOR TIlE PROMOTION OF ARTS AND CULTURE.
BE IT RESOLVFD BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an Agreernent with BALLET
FOLKLORICO CULTURAL, a copy of which is attached hereto marked Exhibit "An
and incorporated herein by reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above referenced agreernent
is rescinded if the parties to the agreernent fail to execute it within sixty (60) days of the
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RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUfHORIZING TIlE
EXECUTION OF AN AGREEMENT WI1H TIlE BALLET FOLKLORICO
CULTURAL FOR TIlE PROMOTION OF ARTS AND CULTURE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a regul.ar
meeting thereof,
held on the 5th day of October , 1998, by the following vote, to wit:
6 Council Mernbers
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AYES
NAYS
ABSTAIN ABSENT
x
ESTRADA
9 LIEN
10 ARIAS
11 SCHNETZ
12 DEVLIN
13 ANDERSON
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MILLER
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c1anduv !JJ.P.d Ulf1 J...
~ft City Clerk .
The foregoing resolution is hereby ap roved this ~ay of
October , 1998.
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{. Ct/~
I VALLES, Mayor
f San Bernardino
Approved as to form and
22 legal content:
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Jarnes F. Penrnan,
24 City ttorney
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G~
28 September 22, 1998
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98-279
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3 THIS AGREEMENT is entered into between the CITY OF SAN
4 3ERNARDINO, a municipal corporation, referred to as "City" and the
5 3ALLET FOLKLORICO CULTURAL, a non-profit organization, referred to
6 ~s "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 rts 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. Pavment. Upon presentation of a claim to the Mayor's
26 Office, City shall pay to Organization from the
AGREEMENT
Fine Arts FundinG
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Exhibit "An
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98-279
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE BALLET FOLKLORIC
1 CULTURAL FOR THE PROMOTION OF THE ARTS AND CULTURE.
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3 budget for the 1998-99 fiscal year, the total sum of $2,500
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dollars, to cover the costs per the Fine Arts grant applicatio
agreement.
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Use of Funds. The funds paid to Organization shall b
7 used solely for the purposes set forth in Paragraph 1 and in strict
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compliance with the provisions set forth in the agreement.
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deviation from the agreement shall be made without the express
approval of the City of San Bernardino.
Said funds shall be
expended by June 30, 1999, and any unexpended funds shall be
returned to City by Organization.
Accountino.
Within 20 days after the completion of the
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event, the Organization shall submit to the Mayor's Office, with a
copy to the Director of Finance, an accounting of the actual
expenditures connected with said event as it relates to the funds
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
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section will result in the Organization reimbursing the City.
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,
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.98-:27',J
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE BALLET FOLKLORIC
1 CULTURAL FOR THE PROMOTION OF THE ARTS AND CULTURE.
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(including counsel fees),
suits or losses howeve
expenses
occurring, or damages arising or growing out of the use or receip
of the funds paid hereunder and all operations under thi
agreement. Payments hereunder are made with the understanding tha
the City is not involved in the performance of services or othe
activities of Organization.
Organization and its employees an
agents are independent contractors and are not employees or agent
of the City in performing said services.
Termination.
City shall have the right to terminat
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this Agreement and any funding remaining unpaid hereunder for an
reason by mailing a ten-day written notice to Organization and thi
14 agreement shall terminate ten days after the mailing of suc
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notice.
In the event this Agreement is terminated for reasons 0
improper use of funds or use of funds for any purpose other tha
those authorized, any unexpended portion of the funds provided b
City shall be returned to City.
In addition, Organization shall
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purposes other than those authorized under this Agreement.
Assionment.
Organization shall not assign its interest
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in this Agreement without the prior written approval of City.
Organization shall take out and maintai
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Insurance.
during the life of this Agreement such public liability
property damage insurance as shall insure City, its elective
appointive boards, commissions, officers,
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98-279
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE BALLET FOLKLORIC
1 CULTURAL FOR THE PROMOTION OF THE ARTS AND CULTURE.
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3 agents and employees, Organization and its agents performing act
4 covered by this Agreement from claims for damages for persona
5 injury, including death, as well as from claims for property damag
6 which may arise from Organization's or its agents' operation
7 hereunder, whether such operations be by Organization or its agent
8 or by anyone directly or indirectly employed by either Organizatio
9 or its agents, and the amounts of such insurance shall be a
10 follows:
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(a)
Public Liability Insurance.
In an amount not less tha
12 $1,000,000 for injuries, including, but not limited to, death, t
13 anyone person, and subject to the same limit for each person, i
14 an amount not less than $100,000 on account of anyone occurrence;
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(b)
Property Damage Insurance. In an amount of not less tha
$50,000 for damage to the property of each person on account of an
one 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 salary to any employee
of Organization.
Organization shall require that all rights of
22 subrogation under such policy of workers compensation insurance
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shall be waived as to City.
Ci ty shall be set forth as a
24 additional named insured in each policy of insurance provide
25 hereunder.
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(d)
The Certificate of Insurance furnished to the City shall
27 require the insurer to notify the City of any change or terminatio
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98-279
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE BALLET FOLKLORIC
1 CULTURAL FOR THE PROMOTION OF THE ARTS AND CULTURE.
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Organization hereby covenants that it ha
Obliqation.
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4 taken all actions necessary to make the adherence to
5 obligations imposed by this agreement a binding obligation of th
6 organization.
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10. Notices. All notices herein required shall be in writin
8 and delivered in person or sent by certified mail, postage prepai
9 addressed as follows:
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As to City:
As to Organization:
Mayor's Office
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Gloria Chavez
Ballet Folklorico Cultural
clo Rita Navarrete /
455 W. 20th St. ~b"7
q'r
This Agreement and any documents 0
Entire AGreement.
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15 instruments attached hereto or referred to herein integrate
16 terms and conditions mentioned herein or incidental hereto, an
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.
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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.
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DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE BALLET FOLKLORIC
CULTURAL FOR THE PROMOTION OF THE ARTS AND CULTURE.
CITY OF SAN BERNARDINO
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ATTEST: R o.ehl.:1l. C1dJJ.J
Rachel G. Clark, City Clerk
btf.xJ~ YnilJ.inC0 ~
ORGANIZATION
Ballet FOlk-fori (l() (!u/fu/Y(1.,l
Approved as to form
and legal content:
Pat~
THo 5 urer
JAMES F. PENMAN
15 City Attorney
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98-279
PERFORMING ARTS - GRANT APPLICATION FORM
City of San Bernardino - Fine Arts Commission
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I. Applicant Organization (Name,
Address, etc.)
II. Contact Person Gloria Chavez
Title Director
Phone: (909 ) 985-6091
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Ballet Folklorico Cultural
clo Rita Navarrete
455 W. 20th Street
San Bernardino, CA 92405
phone: ( 909) 886-3737
Non-Profit I. D. 01541256
Number of Years in existence
III.
Program Category Under which
Support is requested:
Folk Art Proqram
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IV. Period of Support Requested
December 1998 through November 1999
Starting Ending
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V. Project Descriptions:
A presentation to the community by the Ballet Folklorico Cultural of new
folklorico dances they have worked very hard to master. The presentation
will include new students performing for the first time as well as members
who have been with the group for the entire 13 years. The program will
feature lcoal singers and live music, including a mariachi and Nortena band,
to enhance the performance of the dancers.
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VI. Estimated number of persons expected to benefit from this
program/proj ect : 2000
a) Number of persons by paid attendance: 1700
b) Number of persons by free complimentary admission: 60
c) Number of performances scheduled: 1
d) Total attending all performances ([a] plus [b]): 1760
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VII.
Need Statement:
The community has on many presentations in this area by musicians and dancers
but always at a cost which is not affordable by the underserved members of the
community - $25 per person. OUr goal is to successfully present this project
to underserved members of the community by making it affordable, especially
to families who would not othewise be able to afford entertainment in today's economy.
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VIII. Intended Results:
OUr most important goal is to continue working with our youth to provide a
positive learning environment to promote an understanding, awareness and
sensitivity in our youth towards their Mexican heritage and culture. As a result
building their character and developing their pride as citizens in the,oommunity.
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(PA Revised 6/96)
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IX. Total anticip_ated expenses for this period:
Salary & Wages (Musicians, ushers, security, stage crel$l
2025.00
Supplies & Material (costumes, scenery, advertising, $
programs, tickets, insurance)
Travel $
Fixed AssetslRentals or Leases (Hall, sound equip) $
3450.00
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2100.00
Outstanding loan payments $
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Fees & Other $
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TOTAL COSTS $
7')7') 00
============================================================================
X. Total anticipated income for this period:
Most Recent This
Fiscal Period Fiscal Period
Income from performances $ 1,000.00 $ 2,000.00
Revenue (stocks, bonds, rentals, etc. ) $ -0- $ -0-
Grants $ -0- $ -0-
Contributions $ 700.00 $ 700.00
Funds from Support Groups $ -0- $ -0-
Other $ -0- $ -0-
TOTAL INCOME $ 1,700.00 $ 2,700.00
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XI. Amount requested from the San Bernardino Fine Arts Commission:
a) Total Costs (Section IX) $ 7,575.00
b) Total Income (Section Xl ( -) $ 4,400.00
c) AMOUNT REQUESTED ( [a] minus [b] ) $ ,.'3,175.00
Percentage requested:
(Amount Requested divided by Total Costs) 42% %
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(PA Revised 6/96)
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~8-.279
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 Cd])
$ 1. 80
=;==========================================================================
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?
As a non-profit organization, we have been very fortunate to find sponsorships
for most of our presentatins and expenses. We continue to build solid
relationships with community organizations such as the Knights of Columbus
the Gents Organization, City and county offices, San Bernardino County Medical
Center as well as several businesses in the local area to enable us to continue
cultural enrichment and awareness through our youth.
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XIII. Provide a brief history/background of the organization:
The Ballet Folklorico Cultural is a community based, non-profit dance group
whose main objective is to promote an understanding, awareness and sensitivity
in our studnets towards their Mexican Heritage and culture. OUr group currently
consists of over 80 students from the age of 5 years to adult. OUr organization
has been in existence for 13 years as a non-profit organization. We do not charge
our students to teach them. We survive strictly on donations from perforamnces
and fundraisers. All funds donated to the gorup are used for the benefit of the
dancers. We have an "open door" policy welcoming youn,people from all ethnic
affiliations. During the last several years, several~embers have had the
opportunity to expand their experiences into other areas of performance. Some
students were selected to perform Early California dances with L.A. choreographer
Miguel Delgado in the opening night festivities for the play "Bandido" at the
Mark Taper Forum. Other students auditioned and were selected to perform
in the Mambo schene with actor, Esai Morales, in director Greg Nava's film
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CERTIFICATION:
4tct~
Project Officer:
Pat Lemus
Title:
Treasurer.
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Phone Number:
909-824-0792
Date:
7-31-98
(PA Revised 6/96)
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List Board of Directors and Officers
(Include names, addresses and phone numbers)
Sophie Garza, President
856 Ellen Street
Colton, CA 92324
Rita Navarrete, Vice President
455 West 20th Street
San Bernardino, CA 92405
Sylvia Garcia, 2nd Vice President
1207 West victoria
San Bernaridno, CA 92405
Pat Lemus, Treasurer
581 West C Street
Colton, Ca 92324
Margo Montano, Asst Director
398 N. Macy
San Bernardino, CA 92410
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John Avila, Sgt at Arms
3524 N. Genieve Street
San Bernardino, CA 92405
Maria Garcia, Secretary
1630 Admiralty Street
Colton, CA 92324
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(PA Revised 6/96)
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