HomeMy WebLinkAbout1989-293
RESOLUTION NO.
89-293
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
EVERGREEN SINGERS 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 Evergreen
Singers a copy of which is attached hereto, marked
..
Exhibit nAn and incorporated herein by reference as
fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
regular
meeting
thereof, held on the 7th
day of
August
1989, by the following vote, to wit:
AYES:
Council H(:;rnbers Estrada, Reilly, Flores,
Minor, Pope-Ludldffi, Miller
NAYS:
None
Absent:
Council Member Maudsley
~#~~~~
/ City Clerk
. The foregoing resolution is hereby approved this
:rtL day of AlIgll~t I 1989.
,#
. t.
. .... "',4
~
Resolution for The Evergreen Singers
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
;jVed a~ to form and
~ /,_ / ez,'~
Attorney
25
26
27
28
legal content:
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
J -,1;J~
AGREEMENT
Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred to
as "City", and the Evergreen Singer 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 1988-89, in
order to assist in defraying the expense of certain
concerts, shows, festivals or events or activities
sponsored by Organization as set forth in Organi-
zation'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 munici-
pal public purpose, to wit: for the promotion of music
and folk art appreciation in San Bernardino, as more
fully set forth in the proposal submitted by
Organization.
2. Pavment. Upon presentation of a claim to
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
.. '
"" .
"
Ag~eement for the Evergreen Singers
the city Finance Director, City shall pay to Organiza-
tion from the budget for the 1989-90 fiscal year, the
total sum of eleven thousand five hundred fifty
dollars, to cover the costs per the Fine Arts grant
application agreement.
3. Use of Funds. The funds paid to organi-
zation 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, 1990 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, 1990. Financial records
shall be maintained in accordance with generally
accepted accounting principles by Organization in such
a manner as to permit City to easily trace the expendi-
tures 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
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 'for the Evergreen Si ngers
agrees to defend, indemnify, and hold harmless the city
and its 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
activ-ities 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 un-
paid 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. Assignment. Organization shall not assign
its interest in this Agreement without the prior
written approval of city.
8. Insurance. Organization shall take out
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 'for the Evergreen Singers
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 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 occur-
rence.
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
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement for the Evergreen Singers
1 the obligations imposed by this agreement a binding
2 obligation of the organization.
3
10.
Notices. All notices herein required
4 shall be in writing and delivered in person or sent by
5 certified mail, postage prepaid, addressed as follows:
As to City:
As to Organization:
The Evergreen Singers
Attn: Addie Brandon
747 Parkdale Drive
San Bernardino, CA 92404
City Administrator
City of San Bernardino
300 North "0" street
San Bernardino, CA 92418
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 negotia-
tions 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 condi-
tions of this Agreement shall prevail.
DATED: a-(frd; ~ y
~ t1'~
CITY OF SAN BERNARDINO
AT'rEs'r:
/./~ lc!.Im/P~{~
!/I ~ (J O~ I G-1vJ
Jf~/U~~/~b
"
w. R. Holcomb, Mayor
ci t~1 Clerk
Agreement-for the The Evergreen Singers
1
2
3
4
5
6
7
8
Organization
~\L.C;~
(7 ~-4v<a<F
Approved as to form and legal content:
/]
//,
, (je-u'h-u......
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.. San' Bemudlno Ci t"t
. : Fine-Arts Commission
ORCANIZA nON ~RAN1' APPLICATION FO
_ RW
II",
I. AppLicant QrpNzaUGn ame, ~dre., e
De Contact P..JOn Addie Brandon
Tl~ Secretary Phone (714) "80-2760
The Evergreen Singers
747 Parkda1e D~ive
Sa~ Bernardino, California 92404
Phone 714-883-2771
CA State Non-Profit 10' 958140141
Number of Years in Existence 6
m. Proanm c.teaory Under Which SUODOrt
wReques~ Music/Folk Art/Speciar~roJects
~iod of Support Requested
September,1989 ~ June, 1990
(Stattina) (End.ina)
v. SumJMl"yof Project DescriptiGN
Please see APPENDAGE I, attached; refer to V. Summary of Project Description:
VI. Estimated number o~ persons expec1ed to benefit from this pl'oaram/projecu 8,000
a) N....ber of persons by paid attendances 3 ,000
b) Number of persona by free or complimentary admiW~ 5 ,000.
VUe Need statement:
Please see APPENDAGE I, attached; refer to VII. Need Statement:
VOl. Intended ResWU:
Please see APPENDAGE II attached, refer to VIII. Intended Results:
IX. Summary 01 Estimated CoSU: TOT AL COSTS OF PROJECT
A. Direct Costs music;ins
Salaries and wages (Honorarium, instrumentalists ,guest/
Supplies c5t Materials (music, choral and istrumentaln~lJblici
Travel (local/Atlanta . prl lng
Fixed Assets/Rentals or 'Leases (concert ha.ll/equipment)
Fees and Other (workshop fees ,orchestra)
TOTAL DIRECT COSTS
TOT AL PROJECT COSTS
B. Indirect CoSU
X. Organiz.atiGn anticipated funding/expenses:
A. Expenses
B. Revenues, Grants, Con tributions, etc.
Actual Most Recent
Fiscal Period
$ 6,500
$ 7 ,350
Estima ted This
F isc:a! Per ioci
$ 14,250
S 14.250
Xl. Tow amount requested from San Bernardino City Fine Arts Commission
NOTE: AmoUlt Requested $ 11,550.00
Plus total revenues, $ 2,700.00
gran ts, contributions, etc.
Must equa! total project $ 14,250.00
costs above
-
XD. CERTIFICAnONl
Project Officer Addie Brandon
Phone Number ~,(714)780-2760
Title Secretary
Data May , 1989
San Bernardino City
Fine Arts Commission
ORGANIZATION GRANT APPLICATION FORM
APPENDAGE I
Applicatn Organization:
The Evergreen Singers
V. Summary ofProject.nescription: The Evergreen Singers are requesting a
total of $11,550.00 for the 1989-90 season. One major concert with Dr.
Marvin Curtis, a spring and a Christmas concert, and four lesser presenta-
tions are planned. Tow workshops, one in San Bernardino and one in Atlanta,
are budgeted in this proposal.
The major concert involves a performance of vocal/choral works by African-
American composers in the Western European and African-American tradition
under Dr. Marvin V. Curtis, Visiting Assistant Professor of Music Educa-
tion at California State University, Stanislaus, working with students in
two area schools on African-American mu~ic. "The project would include a
choral workshop with Dr. Curtis and local choral directors on the aspects
of authentic performance of African-American choral and vocal music, and
culminate in a concert led by The Evergreen Singers, and others in an
evening of music in both the African-American and Western tradition, as
well as other renditions.
The program would comprise several local artists performing solo works by
African-American composers as,well. The final work of the concert would
be the premier of "TESTAMENT", a new work by Dr. Curtis for choir and or-
chestra commissioned by the All-City High School Performing Groups of
Chicago, Illinois in 1987. This work is being published in December of
1988~ this performance in San Bernardino would be the West Coast Premier.
~~~-~-~~~~~-~-~~~-~~-~~-~~~-~-~-~--~~-~~--~--~--~-~---~---~-~-~--~~-~-~---~~~--~
VII. Need Statement; The need is to increase the awareness of the people in the
Inland Empire to the artistic abilities available in this area. Use of
artists with national reputations and accomplished musicians will improve
the quality of the productions~ thus increasing the audience and range of
contributors.
The music of African-American composers, particularly the spirituals, have
been performed in a manner that borders on desecration. Having Dr. Curtis
available to demonstrate for the choral community "authentic performance
practices' would educate the musical community to their responsibility as
leaders and directors in this field.
In addition, there is a perception within the music community that African-
American composers can write only in the "spiritual" or "gospel" traditions.
This is not true; however, many of these works do not get performed by or-
chestras or choral groups. If they do, many times the performers do not
know the composers are African-American.
4
. .
.t ~
San Bernardino City
Fine Arts Commission
ORGANIZATION GRANT APPLICATION FORM
APPENDAGE I I
Application Organization:
The Evergreen Singers
VII. CONTINUED;
Many students have never met nor seen a "live" composer. Exposure to Dr.
Curtis would provide students opportunity to ask questions about the
creative process in writing music and explore the various dynamics of being
a musician.
Another need in this regard would be the exposure of all students to the
dynamics of the African-American musical experience. With this project,
many students could enjoy hearing and learning the history of African-
American music..
~-~-~-~~--~--~~-~-~-~~~-~~~-~~~~~-~~~~~~~~---~---~-~------~-~~--~---~-~-~--~~-
VIII.. Intended results; The intended results are to attract an entity of
talent not yet exposed~ to create a greater appreciation of those talents
and gifts; to increase the awareness of all surrounding communities to
the availability of the talents and of the heritage that.so significantly
contributed to the world of musical arts; to promote and share the joys of
musical ability and performance and to seek a field of opportunity for
growthJ expansion~ and awareness of the heritage and joy of the music,
especially the spiritual.
FinallYJ the opportunity for growth and expansion will result from involve-
ment and exposure.
..
. .
. .
SUMAMRY OF ESTIMATED COSTS:
A. Directs Costs $
Salaries and wages $ 2,000.
Honorarium _ "'500.
Instruments, etc. 1,500
Supplies & Materials $ 1,500.
music, choral and
instrumental
publicity &
printing
Travel $ 1,500.
local/Atlanta/Curtis
Fixed Assets/rentals $ 1,500.
concert hall/workshop
space/risers/etc.
Fees, other $ 7,225.
workshop preparation/
orchestra; 7,000
lodging, 3x$75.
Total direct costs $ 13,725.00
B. Indirect costs $ 525.00
1etterh~ad/business
cards,postage
TOTAL PROJECT COSTS $ 14,250.00
.
XI. Amount requested
Revenues,Grants,Contributions
$, 11,550.00
-$' 2,700.00
.. ...
Total
$ 14 ',250.00
~
M I NUT E S
FINE ARTS COMMISSION
Friday, June 9, 1989
MIC Room, 6th Floor, City Hall
San Bernardino, CA
MEMBERS PRESENT
MEMBERS ABSENT
Dorris Ballard
Sylvia Cichocki
Frank Lindgren
Esther Mata
Harry Murray
Barry Silver (Excused)
C. Dale Jenks (Excused)
Dr. Amer EI-Ahraf (Excused)
Richard Simon (Excused)
OTHERS PRESENT
Thelma Press, Liaison
-------------------------------------------------------------
Dorris Ballard, chaired the meeting in Chairman Barry
Silver's absence. The meeting opened at 4:15 p.m.
GRANTS
Foundation for California State University - Dr. F. Jandt
MOTION:
By Frank Lindgren that the Fine Arts Commission
deny the grant request from the Foundation for
California State University in the amount of
$6,000 under certain conditions. The Commis-
sion feels that the exploratory costs should be
incurred by the university and that a program
breakdown in the area of performing arts is
needed in the grant application request. If
the Foundation wishes to resubmit another
application grant with the aforementioned
changes, the Commission will be glad to review
the resubmitted application.
SECONDED:
By Esther Mata and approved by the Commission.
The Evergreen Sinqers
MOTION:
By Frank Lindgren that the grant request for
the Evergreen Singers in the amount of $11,550
be approved with the understanding that the
grant monies will not be processed until the
beginning of the new fiscal year, which starts
July 1989.
SECONDED:
By Esther Mata and approved by the Commission.
PAGE 2
OTHER BUSINESS
Fine Arts Orqanizations
Thelma Press and Andy Green, director of finance, are working
with the City Council Ways & Means Committee regarding the
Fine Arts Commission funding for the ensuing years so that
future funding will not be lost for the Fine Arts to include
upgrading cultural facilities, parades, and festivals, etc.
Since some grant applications are coming in too close to the
end of the fiscal year, the Ways & Means Committee feels that
the grant applications should be submitted all at one time
instead of throughout the fiscal year. The Commission needs
to decide how this should be handled. Should we make it
once-a-year grant application request or twice-a-year,
September and January? When this is decided, a letter will
be sent out to all organizations notifing them to please get
their funding applications into us for their entire
performances for the year 1989 by a specified time.
ADJOURNMENT
The meeting was adjourned at 5:05 p.m. The next meeting of
the Fine Arts Commission will be held "Friday, July 14, 1989,
4:00 p.m.. in the MIC Room. 6th floor of city Hall. San
Bernardino."
:gjr
6/20/89