HomeMy WebLinkAbout1991-458
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RESOLUTION NO. 91-458
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH BALLET FOLKLORICO CULTURAL OF
SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with Ballet Folklorico Cultural a copy of
9 which is attached hereto, marked Exhibit "A" and incorporated
10 herein by reference as fully as though set forth at length.
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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referenced agreement is rescinded if the parties to the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 of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a requ1ar
meeting thereof, held on the
18th day of November
, 1991, by the following vote, to
wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BALLET FOLKLORICO CULTURAL FOR
THE PROMOTION OF ARTS AND CULTURE.
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENI'
ESTRADA X
REILLY X
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HERNANDEZ X
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MAUDSLEY X
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MINOR X
POPE-LUDLAM X
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MILLER X
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The foregoing resolution is hereby approved this
day of November , 1991.
Approved as to
form and legal content:
JAMES F. PENMAN
city Attorney
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RES. 91-458
AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "city" and
Ballet Folklorico Cultural, a non-profit organization,
referred to as "Organization".
The parties agree as follows:
1. Recital s .
A. Organization has requested financial
assistance from City for the fiscal year 1991-92, in order to
assist in defraying the expense of certain concerts, shows,
festivals or events or activities sponsored by Organization as
set forth in Organization's grant proposal (hereinafter "the
proposal") approved by the Fine Arts Commission of the City,
a copy of which proposal is on file in the 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 in 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 a 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.
2. Pavment. Upon presentation of a claim to the city
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Finance Director, City shall pay to Organization from the
budget for the 1991-92 fiscal year, the total sum of two
thousand dollars, to cover the costs per the 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 proposal. No deviation from the proposal shall be made
without the express approval of the City of San Bernardino.
Said funds shall be expended by June 30, 1992, and any
unexpended funds shall be returned to City by Organization.
4. Accountinq. At such time or times as may be
requested by the city Administrator or Director of Finance of
City, Organization shall submit to the City Administrator,
with a copy to the Director of Finance and the San Bernardino
Fine Arts Commission, an accounting of the proposed and actual
expenditures of all revenues accruing to the Organization for
the fiscal year ending June 30, 1992. Financial records shall
be maintained in accordance with generally accepting
accounting principles by Organization in such a 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.
5. Hold Harmless. Organization covenants and agrees
to defend, indemnify, and hold harmless the City and its
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employees and agents from all liabilities and charges,
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.
6. Termination. ci ty 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 the 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 the funds provided by City shall be
returned to city. In addition, Organization shall reimburse
to City any funds expended which were used for any purposes
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
life of this Agreement such pUblic
maintain
during the
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liability and property damage insurance as shall insure City,
its elective and appointive boards, commissions, officers,
agents and employees, permittee and its agents performing acts
covered by this Agreement from claims for damages for personal
injury, including death, as well as from claims for property
damage which may arise from Organization's or its agents'
operations hereunder, whether such operations be by
Organization or its agents 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 than $100,000 for injuries, including, but not
limited to, death, to anyone person, and subject to the same
limit for each person, in an amount not less than $100,000 on
account of anyone occurrence;
(b) Property Damage Insurance. In an amount of
not less than $50,000 for damage to the property of each
person on account of anyone occurrence.
(c) Workers Compensation. Organization shall
provide workers 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 subrogation under such policy of
workers compensation insurance shall be waived as to City.
city shall be set forth as an additional named
insured in each policy of insurance provided hereunder.
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Obliqation.
Organization hereby covenants that
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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
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writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
As to City:
As to Organization:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
Ballet Folklorico Cultural
Attn: Gloria Chavez
856 Ellen Street
Colton, CA 92324
11. Entire Aqreement.
This Agreement and any
documents or 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 any other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
DATED:
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND BALLET FOLKLORICO
CULTURAL.
ATTEST:~) "-"~ /)~~'j/
City Clerk .
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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ORGANIZATION
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:'''''--:dnlZdtl'ln '~r'-dnt ~OO\1ca.':.lon
For ?erf.i ng ,'\rts
FOr'7:'
1.
App! icant OrganiZatlon (Name, Address,
etc.)
BALLET FOLKLORlCO CUL'IURAL
: [l.
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Contact Person Gloria Chavez
Tit 1 e Director Phone 88:,-;<u I::>
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,III. Program Category Under Whicn Support
, is Reques ted:
Phone 885-2075 (Gloria Chavez)
CA State ~on-Profit :J . 33-0126895
~umber of Years ln Existence 5 years.
: IV. Period of Support Requested
11-90
Starting
thru 11-91
Ending
V. Summary of Category Cescrlotlons
Title of categories.
Dance and Folk Art; numbers' 2 & 3 under
vr. Estimated number of persons expected to benefit from this program/project:
a) Number cf persons by paid attendance: See supplemental page # 1, attached.
b) Number of persons by free or complimentary admission:
VII. Need Statement: A grant from the Fine Arts Commission would enable continual
developnent of payment to guest artists in our growth. Also added support would be
available for visual conecpts such as in the use of videos; concerts presented by
professional dancers that are an essential visual learningtnn1
V I I I.
:ntended Results:
Pleas" see supplemental page # 2, attached.
Summary of Estlmated CostS:
M, Direct CostS
Salaries ~ "a~es
Suaol ies ~ "'a:erials
~ rave 1
Fixec oSies:S pentals or Leases
C'ees ~ :tne"-
COSTS OF PROJECT
D.
TOT'\L
S
S
S
)
1 ,?OO 00
600.00
,
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500 00
~"l- ~,
,~,.-,'-
J:P,EC7 :~:-J
)
3. Indirect Costs
~;iAL ?ROJEC7 ::S~S ~ 2.100 nn
, Ant,'cipated Funaing/Ex~enses:
Jrganlzatlon
~ct~d1 ','cst ~ecent
Fiscal :"c',~d
S
_ 1.190.00
) 1,690.00
Estii!",ated Th, s
:=iscal ~er~::~
S 1 ~OO OQ
A. expenses
3. Revenues, Gr~~tS, CJntriDutions, etc.
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1,UUU.00
c.
~otal
:~~O;E :
~ount Pequested From San
Amount Requested
Plus total revenues,
srants, con:ributlons,etc.
~ust equal total orc;ect
costs above.
3ernardl no
S
S
City Flne
? nnn QQ
~.OOO 09
':'(':5
:2:-;,",iS5~G~:
S 4.000 00
Title 0~<"/1{ 5
n,rQ /j/ po
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C~"-'F'C'-""'I'~ I> ~~
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ercJec. JfflCe - /
P"one ~Iur'bec r~Sij7:J->
Ballet Folklorico Cult~
C'llpplemental page # 1
Iterrl * VI- Performing Arts Grant application
Fine Arts Commission
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It is very difficult to say the estimeated number of individuals who
will be served simply because most of the performances we are involved in are
usually for theopen public, and the estimated number would almost be impossible
and to try would be unrealistic.
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Ballet Folklorico Cultural
Supplemental page # 2
Item # VIII-performing Arts Grant Application
Fine Arts Gommission
The Ballet Folklorico Cultural is a dance group, whose main objective
is to enhance the Cultural heritage of our youth, thru the instruction of Mex-
ican Folk dancing and its' instruction.
Our goals are to continue fostering a pride and acceptance as Mexican-American
citizens. through the artistic flavor of Folklorico Dance Workshops and continual
instruction.
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CHECKLIST
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This check~ist must be attached to the front of your applica-
tion. US. this form to maks sur. you have properly completed
your application. Applications not properly developed may
receive a lower ranking or be rejected without consideration
tor tundinq.
1. Is the application typed?
2. Are all pages in proper order and numbered?
3.
Doe. supplemental material reter to appropriate
section nWllbers?
4.
Are all elements answered on page one?
Does the need statement really pre.ent a valid,
easily understood need?
5.
6. I. there a target group identitied in the
need statement?
7. Doe. the need statement expre.. a local need?
(x) Yes
(x) Yes
(x) Yes
( ) Yes
(xl Yes
(x) Yes
(x) Yes
8. Do your intended result. explain activities you
plan to do in order to meet the need. you have
identitied? (X) Yes
9. Did you explain and specity in measurable terms
your intended results on the target group? (X) Yes
10. Did you respond to the application instructions
element-by-element? (x) Yes
11. Is your budget in line item detailed on supple-
mental sheet.? ( ) Yes
12. Are your calculation. accurate? ~ Yes
13. Is the document signed by the d~rector or board
president or authorized signature? (x) Yes
14. Is each application stapled individually? (xl Yes
15. Are there copies being forwarded to the city
Fine Arts commission atfice?
16.
In re-reading the application form beginning to
end, is there continuity ot thought and
readab 11 i ty?
Is the checklist complete and at" .ched to the
original application?
Are you filing the application within the
appropriate time frame?
17.
18.
(xl Yes
(x) Yes
(x) Yes
(x) Yes
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CITY OF
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San Bernardino
OFFICE OF THE MAYOR
W R BOB
MAYOR
HOLCOMB
August 22, 1991
TO ALL FINE ARTS COMMISSIONERS:
The enclosed application submitted by Ballet Folklorico Cultural
was held over due to lack of funding.
Please review for discussion at the next meeting.
SinCerelY" //J
:r~" F:UJ!.<>
Thelma Press, Fine Arts Liaison for the
Mayor and Common Council
TP:mv
Enclosure
300 NORTH 0 STREET SAN BERNARDINO
CALIFORNIA 924180001 714/38..5133
PRIDE -I
~ESS