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CITY OF SAN BERN(jtDINO - REQUEST FOR COUNCIL ACTION
From: Thelma Press, Liaison, Mayor and Council Subject:
Dep~ Office of the Mayor
Recommendation by the Fine Arts Commission
to grant $5,000.00 to the Nigerian
Association of Southern California.
Date: 11-1-91
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution.
~a/ fd~
Signature
Contact person:
Thelma Press
Phone: extension 5114
Supporting data attached:
YES
Ward:
FUNDING REQUIREMENTS:
Amount:
$5,000.00
Source: (Acct. No.)
001- OQ/-53b6Q
(Acct. DescriPtion)
G t . '0
Finance: '~-\.J) r"'--
Council Notes:
75.0262
. Agenda Item No.
IS
CITY OF SAN BERNOtDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
The Nigerian Community of San Bernardino had the opportunity to
bring "Les Ballets Africains" a world class ensemble from the
Republic of New Guinea on a world wide tour for a performance in
San Bernardino on November 13, 1991.
Due to the unavailability of the California Theater - Sturges
Center will be used. A portion of the funds will be for special
light effects costs other stage requirements publicity and ticket
sales.
There are other community groups such as the International Black
Congress; the Swans and the Socialites (ushers); Park and
Recreation (concessions/reception); Simply Art, Debra Cooper (art
show); Black CUltural Foundation; National Council of Negro Women;
Nigerian Association of Southern California; Mayor'S International
Council and West Side Action Group, co-sponsoring this cross
cultural event to afford them hospitality as the group will stay
overnight in San Bernardino.
The amount
Fine Arts
$5,000.00.
requested was $8,500.00. The amount approved by the
Commission at their October 8, 1991 meeting was
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH NIGERIAN ASSOCIATION OF
SOUTHERN CALIFORNIA 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
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with Nigerian Association of Southern
9 California a copy of which is attached hereto, marked Exhibit
10 "A" and incorporated herein by reference as fully as though
11 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
meeting thereof, held on the
, 1991, by the following vote, to
day of
wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH NIGERIAN ASSOCIATION OF
SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE.
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COUNCIL MEMBERS:
ESTRADA
AYES
NAYS
ABSTAIN ABSENl'
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1991.
W. R. "Bob" Holcomb, Mayor
city of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
BY:
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "city" and
Nigerian Association of Southern California, 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 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 five
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. Accountina. 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. 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. Assianment. Organization shall not assign its
interest in this Agreement without the prior written approval
of City.
8. Insurance.
maintain during the
Organization shall take out and
life of this Agreement such public
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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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9.
Obliaation.
Organization hereby covenants 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:
As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
11. Entire Aareement.
As to Organization:
Nigerian Association
Attn: Joshua Olagunju
362 W. Court Street
San Bernardino, CA 92401
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 NIGERIAN
2 ASSOCIATION OF SOUTHERN CALIFORNIA.
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ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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J
e..v.:-v.-...........
CITY OF SAN BERNARDINO
w. R. "Bob" Holcomb, Mayor
ORGANIZATION
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