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HomeMy WebLinkAbout1990-015 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. qO '[ r::; RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INC., CULTURAL ARTS COMMITTEE 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 authorized and directed to execute on behalf of said City an Agreement with the National Council of Negro Women, Inc., Cultural Arts Committee a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the 14 above-referenced agreement is rescinded if the parties 15 to the agreement fail to execute it within sixty (60) 16 days of the passage of this resolution. 17 I HEREBY CERTIFY that the foregoing resolution was 18 duly adopted by the Mayor and Common Council of the City 19 of San Bernardino at a rpgllli"lr meeting 20 thereof, held on the Rl-h day of lo:>nl1 c>,....~" 21 19~O, by the following vote, to wit: 22 23 24 25 26 27 28 AYES: Council Members Estrada FlorAs MdllCS'I f>.Y Pone-Ludlam MillAr NAYS: None ABSENT: Council MAmhArs RRi 1 Iv Minnr 1 RESOLUTION - AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INC., CULTURAL ARTS COMMITTEE 2 FOR THE PROMOTION OF ARTS AND CULTURE. 3 4 5 ~~~~4&' Ci"l!1 Clerk '(.;J... day The foregoing resolution is 6 of January , 1990. 7 8 9 10 Approved as to form and legal content: 11 JAMES F. PENMAN, City Attorney ~7 7 /Z~~'- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 t:?", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the National Council of Negro Women, Inc., Cultural Arts Committee a non-profit organization, referred to as "Organization". The parties agree as follows: 1. Recitals. A. Organization has requested financial assistance from City for the fiscal year 1989-90, in order to assist in defraying the expense of certain con certs, 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 special projects in San Bernardino, as more fully set forth in the proposal submitted by Organization. 2. Pavment. Upon presentation of a claim to the City Finance Director, City shall pay to Organization "" ,.1 "'-'~ ; :! -", " ~, 1 from the budget for the 1989-90 fiscal year, the total sum 2 of three thousand dollars, to cover the costs per the Fine 3 Arts grant application agreement. 4 3. Use of Funds The funds paid to Organization 5 shall be used solely for the purposes set forth in Paragraph 6 1 and in strict compliance with the provisions set forth in 7 the proposal. No deviation from the proposal shall be made 8 without the express approval of the City of San Bernardino. 9 Said funds shall be expended by June 3D, 1990 and any 10 unexpended funds shall be returned to City by Organization. 11 4. Accountinq At such time or times as may be 12 requested by the City Administrator or Director of Finance 13 of City, Organization shall submit to the City 14 Administrator, with a copy to the Director of Finance and 15 the San Bernardino Fine Arts Commission, an accounting of 16 the proposed and actual expenditures of all revenues 17 accruing to the Organization for the fiscal year ending June 18 3D, 1990. Financial records shall be maintained in 19 accordance with generally accepted accounting principles by 20 Organization in such a manner as to permit City to easily 21 trace the ependitures of the funds. All books and records 22 of Organization are to be kept open for inspection at any 23 time during the business day by the City or its 24 officers or agents. 25 5. Hold Harmless Organization covenants and 26 agrees to defend, indemnify, and hold harmless the city and 27 its employees and agents from all liabilities and charges, 28 expenses (including counsel fees), suits or losses however 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 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 maintain during the life of this Agreement such public 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. 9. 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 As to City: City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 As to Organization: National Council of Negro Negro Women, Inc. Cultural Arts Committee ATTN: Deborah F. Cooper 646 E. Foothill Blvd., Ste. 0 Rialto, CA 92376 11. Entire Aareement. 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. DATED: / '?'<U,lkj. I"' /t? ff) " t.,L /"". II ,- Ii V ATTEST: ~.&P~4'/ / City Clerk CITY OF SAN Organization LJe(fr1c2tf; ~ fa:;(}t/C Approved as to form and legal content: ~? /'1 jle:~-'z'n I) ( !:c.. , city 28 \../ Attorney . ~ .2=s.tBemardinci- City Plall Arts Commission . '. OIlt&ANIZA TlOf't GRANT. M>PUc.a. TlON FORW - I t Orpniution arne, address, e tact PerIllO Deborah F. Cooper Title Chairperson Phone (714) 874-6000 National Council of Negro Women, Inc. Cultural Arts Committee 649 E. Foothill Blvd., Suite D Rialto, Ca 92376 Phone (714) R74-Rnnn CA State N~rofit ID' 53-01-7354 Number of Years in Existence 21 vears In. Prograrn Categocy Under Which Support is R.equesteds Special Projects IV. f;iod of Support R.equested Janlwry (Swting) thru February, 1990 (E.nd.ins) V. SumffiM)' of Project Description: See attachment No.1 VI. Estim6ted numbe of persons e.xpected to benefit from this progr;un/pro~t: 1,500 a) Ntn~r of persons by paid attendance: -0- b) Ntnber of persons by free or complimentary admission: 1,500 vn. Need statement: See attachment No.2 VIII. In tended R esul ts: See attachment No.3 B. Indirect Costs TOT AL COSTS OF PROJECT $ 9,000.00 S 1,500.00 S -O- S 800.00 5 700.00 5 -0- TOTAL DIRECT COSTS 5 9,000.00 <; -0- TOTAL PROJECT COSTS $ 3,000.00 IX. Summary of Estimated Costs.: A. Direct Coru Sal.ar ies and ....age.5 5 upplies a. Ma ter ials Travel/Lodging F ix.ed A sse ts/ Rentals or L e.a.s<:. Fee. and Other A. E~ B. Revenues, Grants, Contributions, etc. Actual Most Recent F i.scal Period $ 9.000.00 $ -0- Estima ted This Fiscal Period $ 'l nnn nn $ -n- X. Organiza tion an ticipa tee! fl6ld.ing/ expenses: XI. Total amount requested from San Bernardino City Fine Arts Commission NOTE: AmOUlt Requested $ 3,000.00 Plus total revenues, $ -0- grants, contributions, etc. Must equal total project $ 3,000.00 costs above xu. CERTIFICATION: Project Officer PhooeJ~umber wI? /".Cc>/ Title Cultural Arts Chairoerson Date 11-07-89 -. - 2 - CHECKLIST Thi.s checklist must be attached to the front of your application_ Use this form to make sure you have properly completed your application. Applications not properly developed may receive a lower ranking or be rejectedwithout consideration for funding. 1. Is the application typed? 2. ";r~ all pages ~n prope~ oroer ~-lG numbered? 3. Does suppleme;Ttal mG~erial reier to appropr:a:e section numbers? ~. ,\re all eleme;;ts ans",ered on ;x;ge one? 5. Does the need stater.1e"t reallf present a valid, easily ;,;nderstood need') 6. is there a target group identiiled in the neeG s:a:emen:? 7. Does :ne nee: st2.terT.e::: express a local r:eec? 3. Do your intei::ed res'..,;::s expl2.::-. activi1:es y;:;~..:. ;:'l2.f'l 'to do in order to :neet the neecs you ha:...e iden:~iie<:i? 9. Did you explai" and spe<:iiy ii: ;;lea.surable ter;T.$ your intended results on the target group? 10. Did you respci,c :0 the 2.?pliC2.::on inst:"~...;c:~o;'"'.s eieme:::-by-element? ll. Is your:;;udge: .:-! line ::e:li de:=.ileci or, s:..:P?i'::::7>e:;:al s:-:eets? i 2. .;re YOL.!f Cc.lC"_~a. tions accur2.:e;' 13. Is the docume;-c: signee ~y t~e :~~ector '-. :.:::2.:-: ?\esic:e:-lt or cc:r-lorized signc. ture? il. ., . Is each appliC2.:ion s:2.?ied inC::Y'~duali/? 15, ,;re there cop;.es bei:ig :on~:2.r(ed to the Ci:/ ~>:e A.r:s Commission Office? I' .0, In re-reading :~e appliCc.tlon :~:)Tl begi;-;;'iing :: end, ~s ::;ere co:yunui:y of thought? 17. Is the checklist complete and attached to the original application? 18. Are you filing the application '~'ithin the ap?ro?riate time frame? xl Yes X / " -::s /X/ " e5 I X Y~5 1 IX! ';'es Xl r es xl : ~~ IX! .~' p.<; /xl e5 xl -, y. ::s n X -- >l -- ;4 -- Xi . -- / Xi I es ; XI . es IX; : es I ... - 3 - ATTACHMENT No. 1 V. SUMMARY OF PROJECT DESCRIPTIONS. The National Council of Negro women, Inc., requests funds to support the performance of the Afro-American Chamber Music Society and presentation of art works by African American Artist. For the past four years during the month of February, the National Council of Negro Women, Inc., (NCNW) has sponsored "BLACK ARTISTS IN VIEW," an art show that spotlights top African American artists in the country, as well as the city and county of San Bernardino. The purpose of the show is to educate and to enrich the community through the medium of art which expresses the rich cultural heritage of African Americans. The show has grown to be one of the largest attended art shows in San Bernardino. This year we would like to enrich "BLACK ARTISTS IN VIEW" by providing a premiere performance of the "Afro-American Chamber Music Society" a group of musicians dedicated to the preservation of black classical music. This symphony features the worlds finest classical works by composers of African Decent from 1700 to 1980. The opportunity to bring a group of this caliber to San Bernardino would be a great accomplishment for the Inland Empire. It would be educational as well as enriching to the community. Each musician of this symphony has a long list of credits. The two most noted in this talented and gifted group are: JOHN PATTON, - Lyric Spinto Tenor. "Particularly applauded was the artistic performance of tenor, John Patton in his solo redition of Where You There." -- Vera Gostinelli, III Messagero, Di Castello, ITALY. The ubiquitous actor and musician is probably recognized by the majority of the world from his recent role as "Preacher" in The Color Purple. As vocalist, Mr. Patton received his education at the Julliard School of Music. He studied privately with - 4 _ Attachment No.1 (Cont.) V. Summary of Project Descriptions the legendary Roland Hayes and Edward Boatner. During his career, he has concertized in Carnegie Hall, Radio City Music Hall and performed opera with the Duluth Symphony and Oakland Symphony. Mr. Patton has recorded on the Narthez Label, "Black Spirituals and Art Songs." and LADY HELENA WALQUER-VEREEN, Choreographer. Member of the multi-talented clan (Her brother is the internationally famous Ben Vereen), Lady Helena Walquer launched her career in auspicious fashion by winning the Eubie Blake Scholarship and being an honored guest artist at the James Baldwin Bicentennial Awards. Her Broadway debut in Hair led to roles in "No Place to Be Somebody" and "Black Africans." Most recently, she served as the Associate Director for the Repertory Dance Theatre of Los Angeles and Choreographer for the New York Children's Theatre during their acclaimed Canadian Tour. Lady Walquer-Vereen's television appearences include: Bionic Woman, Mod Squad and Scott Joplin (The Music Man) . Her enthusiastic research into the black dance of African and the America has led to studies with Eartha Kitt, Alvin Ailey, Geoffrey Holder, Katherine Dunham and the Dance Theatre of Harlem. - 5- ATTACHMENT No.2 VII. NEED STATEMENT. Funds needed are to provide for the performance of the Afro-American Chamber Society and the assemblement of the art show. There is a great need in our community for cultural enrichment, especially an enrichment that reflect the minority community. The funds will provide the transportation, performance, lodging and rental fees needed to provide a quality performance as well as be used for the procurement art show. - 6 - ATTACHMENT No.3 VIII. INTENDED RESULTS. It is anticipated that over 1,000 people will attend this show. Each year there has been noticable growth. It is intended that anyone attending this affair will receive a clear understanding and appreciation of the diversity and contribution the African Americans has given to the arts. "BLACK ARTISTS IN VIEW" will be held at the County Government Center on Saturday, February 10, 1990 from 7:00pm to 10:00pm. National Council of Negro Women, Inc. is asking San Bernardino Fine Arts Commission for funding to present the 1990 "BLACK ARTISTS IN VIEW" accompanied by the Afro-American Chamber Music Society. Mary McLeod Bethune Founder National Council of Negro Women, Inc. INLAND EMPIRE SECTION P.O. Box 6655 San Bernardino, CA 92412 Dorothy I. Height National President BOARD OF DIRECTOR PRESIDENT: Beverly Powell 1831 Cummings Way San Bernardino, Ca 92411 (714) 880-3650 1ST VICE PRESIDENT: Debra Robertson 1525 W. Wilson Street Rialto, Ca 92376 (714) 875-1605 2ND VICE PRESIDENT Gwendolyn Heard 1454 N. Chestnut Ave. Rialto, Ca 92376 (714) 875-8785 RECORDING SECRETARY Deborah Franklin 1077 E. Hoffer Street Banning, Ca 92220 (714) 849-6045 CORRESPONDING SECRETARY Veta Harris 1547 W. 7th Street San Bernardino, Ca 92411 (714) 883-4482 TREASURER Helena Johnson 11553 Larchwood Dr. Fontana, Ca 92335 (714) 823-0582 AFFILIATED WITH: National Council of Women of the United States/International Council of Women/National Assembly for Social Policy & Development Contributions are deductible for income tax purposes . . M I NUT E S FINE ARTS COMMISSION Friday, MIC Room, San November 17, 1989 6th Floor, City Hall Bernardino, CA MEMBERS PRESENT MEMBERS ABSENT Dorris Ballard Sylvia cichocki C. Dale Jenks Barry Silver Richard Simon Dr. Amer EI-Ahraf (Excused) Frank Lindgren Esther Mata (Excused) Harry Murray (Excused) OTHERS PRESENT Thelma Press ------------------------------------------------------------- 1989/90 FISCAL YEAR ARTS FUNDING BUDGET Chuck Young, senior accountant from the Finance Department, explained to the commission why the arts funding financial statement has a deficit for fiscal year 1988/89 and why the total funds, thus far, are lower than expected. The arts funding budget for the 1989/90 fiscal year started out with a negative prior year carryover because the Inland Empire Symphony's grant was submitted for funding at a late date. There were insufficient funds in the 1988-89 budget which caused the grant to be held over so that it could be paid out of the 1989-90 budget. Also, since the Ways and Means Committee voted to make the arts funding 60/40 split Council POlicy, the amount for arts funding is $120,000 minus the negative deficit carryover, instead of $200,000 for this fiscal year. The commission feels that a meeting is needed with the Ways and Means Committee to discuss the feasibility of changing the arts fund budget from a 60/40 spilt to a 80/20 spilt. They also felt that it would be wise to get a financial statement for the developers' fees for the last three years to find out how much they are and where they are going. Chuck presented a rough statement of the fees to the commission: Total: Jan. 86-87 - Oct. 89.........$724,943.07 Breakdown: 86-87....................$159,538.43 87-88. . . . . . . . . . . . . . . . . . . . $317 ,390.00 88-89. . . . . . . . . . . . . . . . . . . . $193,186.32 89-90.....................$54,828.32 The commission stated that January 1988 earmarked how much could and could not be used for art funding per legislation. Thelma Press stated that the commission is referring to the . . . PAGE 2 Leonard Amendment and according to John Wilson, from the City Attorney's Office, the Fine Arts Commission should continue business as usual. The 1989-90 budget will be discussed further at another meeting. GRANTS National Council of Neqro Women. Committee Inc.. Cultural Arts MOTION: By Richard Simon National Council amount of $3,000 that the grant request for of Negro Women, Inc. in be approved. the the SECONDED: By Sylvia Cichocki and commission. appr?ved by the NATIONAL DOLLAR TO THE ARTS Tabled wasn't issue. to be discussed at a later date because Harry Murray present to discuss the statement addressing this ADJOURNMENT The meeting adjourned at 5:24 p.m. Due busy month, the December meeting was meeting will be held Friday, January 12, the HIC Room, 6th floor of City Hall, Please be make note of this date so you the January meeting so that we can have the business of the day. to December being a cancelled. The next 1990, 4:00 p.m., in San Bernardino, CA. will be present at a quorum to conduct :gjr 12/13/89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFI fiMATION ONLY AND CO;IFERS NO RIGHTS UPON 'HE CERTlFICAT HOLDER. THIS I ERTIFICA' E DOES NOT,. "END, EXTEND OR AL TE t THE COVERAG : AFFORDED BY THE POLlI IES BELOW, 'I'erBest & Associates Insurance Services, Inc. P.O. Box 5159 San Bernardino, Ca. 92412-5159 COI ~PANIES ~ FFORDING COVE~AGE Bethune Youth,Career 'I'raining Center 649 E. Foothill Blvd. #D Rialto, Ca. 92376 C( MPANY A LE ITER C( MPANY B LE ITER C( MPANY C LE ITER C( MPANY D LE ITER C< -MPANY E LE ITER National Un~E~Vfr~(T'" eRr' '90 FE] -2 n 8 :46 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAW: BEEN ISSUED TO '[HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE Pon:IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TlONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLICY Ef ECTlVE DATE (M" DOIYY) POlIi (EXPIRATION OAT (MMIOOIYYI LIABILITY LIMITS IN THOUSANDS OCCQ~~~NC~ AGGREGATE COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTs/COMPLETED OPERA liONS CONTRACTUAL INDEPENDENT CO~TRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY MLP52522618 BC:JILY IN..:;JRY $ $ PRUPERTY DAMAGE $ $ BI 8. PD $ 1,000 10/26/89 10/26/90 COMBINED PERSONAL INJURY WORKERS' COMPENSA nON AND EMPLOYERS' LIABILITY BOC'LY INJl,RY $ (PEPPERSONI BODILY INJLRY $ (PEP ACCIDENT! PROPERTY DAMAGE $ BI & PD COMBINED $ BI & PD $ COMBINED STATUTORY $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASSj ALL OWNED AUTOS (OTHER THAN) PRIV, PASS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM (tA.CH ACCIOENTi (OISEASE.POLlCY LIMIT) (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLE$/SPECIALITEMS Certificate Holder As Additional Insured San Bernardino, Ca. 92402