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HomeMy WebLinkAbout1988-431 . . RESOLUTION NO. 88-431 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION 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 Black Culture Foundation a copy of which is attached hereto, marked Exhibit "A" 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 reaular meeting thereof, held on the 21st day of November 1988, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller NAYS: None ABSENT: Council Member Pope-Ludlam ~$d!~AR/ , City Clerk The foregoing resolution is hereby approved this ~~ day of , 1988. November . , 'Reso'l uti on for Bl ack Cu 1 ture Foundat i on Grant " 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 Ap~ oved as to form and legal content: ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~~ 2Q 2~ 2~ 23 24 25 26 27 2~ ~ ,?' - '::'.1 AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the Black Culture Foundation 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 in- corporated herein by reference and shall govern the uses of the funds provided here-in. 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 the appreciation of Black-American culture in San Bernardino, as more fully set forth in the proposal submitted by Organization. I, 1 2 3 -4 5 6 7 8 9 10 15 16 17 18 '"l 19 I 2Q 21 22 :! 23 I ii 24 I.' ;' j, 2~ 26: I ',f' ~( \; J 28. I ; , 2. Pavment. Upon presentation of a claim to the City Finance Director, City shall pay to Organiza- tion from the budget for the 1988-89 fiscal year, the total sum of fifteen thousand 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, 1989 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, 1989. 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 offi cers or agents. 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 ( 5. Hold Harmless. Organization covenants and agrees to indemnify and save 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 acti- vities of Organization. Organization and its employees and agents are independent contractors and are not emp- loyees or agents of the City in performing said ser- vices. 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. Assiqnment. Organization shall not assign its interest in this Agreement without the prior written approval of City. 4 5 6 7 11' fIj 8 9 19 1:1 1~ 1=1 14 15 ,j 1~ 17' \ 18 1~ 20 . \ ~l 22 23 24 " 1 ,2 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, comm- 31' , r issions, 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 occurr- ence. 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. 1 2 3 4 5 6 7 8 9 10 1,1 12 13 14 15 .16 17 18 19 ~Q 21 .~~ 23 . I 24 2~ !26 27 , ' \' '. 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: As to Organization: Black Culture Foundation Attn: Mr. Jim King P. o. Box 7288 San Bernardino, CA 92411 City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 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 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: '1~~ c;?~ /f?r CITY OF SAN BERNARDINO ATTEST: j~ 7J4 A ~/.} /. /:. . ~c'/:)/4/ .~z2!~/ , City Clerk 2~ '. AGREEMENT: BLACK CULTURE FOUNDATION 1 2 3 4 5 6 7 8 ("", t:;=:;~}1 k V ~~,,/ ~ Approved as to form and legal content: 9~ \, 9 10 11 12 13 14 1~ 16 17 1~, 19 20 21 22 23 24 25 26 27 2~, . san ~mardino C'ity .' . fine Arts.Commission OR(;ANlZA nON (;RANT APP"L1CA TION FOR.w to, : I. Applicant Orpnization ame, address, e D. Contact Per... Title President James King Phone 884-9411 Black Culture Foundation P. O. Box 7288 San Bernardino, CA 92411 Phone 888-1696 CA State Non-Profit ID , Number of Years in Existence 20 m. Prosr&m ~teJ<<Y Under Which Support is Requesteda MUS1C, Art, Drama r1;iod of Support lequested 9/ 15~88 (Startin thru 5/14/89 (Endin&) V. SwnlMl"y of Project DesaiptioN Four events (1) Dance; (2) Music; (3) Drama; (4) Performing Arts Workshop. Performers will be a mix of local artists and professional artists. Project name is "Bravo!" series. VI. Estimated number of persons expected to benefit from this prop'am/projecU 1 .650 a) Number of persons by paid attendances 800 x 3 performances = 2,400 b) Number of persons by free or complimentary admissiON 850 school children @ reduced rates. LUU seniors at no cost. YD. Need s'Catement: To broaden the total community's awareness of the artistic contributions of black persons in the area of classic. Viii. Intended ResultS: To establish and maintain artistic excellence. To display culture of black people to the entire community through music, art and drama. IX. Summary 01 Estimated Costs: (See attached budget) A. Direct Costs Sa1a.ries and wages Supplies ct Materials T rave! Fixed Assets/Rentals or 'Leases Fees and Other TOT AL COSTS OF PROJECT 200 B. Indirect Costs TOTAL DIRECT COSTS TOT AL PROJECT COSTS A. Expen5e$ (See attached budget) B. Revenues, (;rants, Contributions, etc. Actual Most Recent Fiscal Period $ $ Estima ted This Fiscal Period $ $ x. OrganizatiGn anticipated fundin&lexpen$eS XI. Total amount requested from San Bernardino City Fine Arts Commission NOTE: AmoWlt Requested $ 15 .000 Plus total revenues, $ 6,000 grants, contributions, etc. Must equal total project $ 21 ,000 costs ve XD. CERTlFlCATI Project Office*" Phone Numbe ~. ~~. _ ~J/ ". , . BUDGET - BRAVO! Theatre/Studio Rentals Publicity Director Choreographer Sets & Props Costumes Music Lights & Design Guest Artist Royalties Printing & Art & Photography Piano & Rental & Tune Music Stand & Lights Acconfodations Dance Event Music Event Arts Symposium Stage Manager/Crew Postage tAailing 1,000 1,000 1,700 , 900 1,500 700 700 700 2,500 600 3,100 500 150 600 2,500 1,000 600 600 500 $20,850 '... ~ . . l"~ -_ lUCK ~TURI faUNDAnal 'Y Jim KinI Prwsident J..... Scaa ChIirpe. ... .' II.AQK ~;I.T;RI rQUIl~ATJQU PoIt Office Box 7288 · San Bernardino, CA 92+1 t Telephone 114 SAN BERNARDINO HISTORY SAN BERNARDINO CULTURE FOUNDATION 1988 - BUDGET CITY OF S.B. COSTS - Permits, Parks & Recreation BALL - Orange Show . - Securi ty - D.J. - Decorations 1,800.00 150.00 150.00 200.00 2,300.00 MISCELLANEOUS - Tickets, Advertising 500.00 GOSPEL CONCERT - Facility - Piano Rental - Decorations - Security - Miscellaneous GRAND TOTAL REACHJNC OUT TnCFTHER 250.00 50.00 100.00 50.00 50.00 500.00 15,645.00 ". '" "-'oIIl.... Kenneth Green, Owner of Panache Dance Studio, is coordinator of the Bravo! series. Bravo! series will consist of the following: Drama - "Tambourines to Glory" by Langston Hughes. Cast will be local dramatic artists and professional artists - May 11 through 14, 1989 Music - Classical music presented by Black Artists. Again supplemented by local talent featuring Fred Tensley, Cellist with the Los Angeles Symphony Orchestra - January 28, 1989 Dance - Presentation by professional dance company and local artists. Professional dance company is the Otis Sallie Dance Troup - December 2, 1988 Performing Arts Workshop Topics will include Career Management for the Artistl Performer, Gospel Music workshop and Master Dance classes. This workshop will be of benefit to aspiring artists wishing to pursue a career.