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CIT'.. OF SAN BERNARDltr ~ - REQUE~ T FOR COUNCIL ACT ~N
From:
Steve Whitney, City Librar~C'D. -'AONDt~"J&.ct:
Dept:
LIBRARY
l~nG OCC 23 Fit; 2: 33
Feldehym Central Library -- gallery
expenses
Date: December 22, 1986
Synopsis of Previous Council action:
Jan. Z~, 1986 Ma~or and Cammofi C~uncil recommended contract be developed for
a Feldheym Library gallery consultant in FY 1985-1986 at a
cost of $7,500 (exhibits for one half year)
Aug. 1, 1986
Mayor and Common Council adopted FY 1986-1987 Library budget
with $15,000 allocated for Feldheym Library gallery expenses
contingent upon adoption of designated "Fine Arts" developer
fee
Recommended motion:
THAT $15,000 of the "Fine Arts" developer fees collected during FY 1986-1987
be allocated for the operational expenses of the Feldheym Central Library
galleries.
...,...-
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Signature .
Contact person: Steve Whitney, City Librarian
Phone:
5080
Supporting data attached:
(See attached)
Ward:
First
FUNDING REQUIREMENTS:
Amount:
$15,000
Source: "Fine Arts" Developer fees
Finance: t()~ ,41 ~
/,~- S' 7/-..s J~ .J..~
,
Council Notes:
Page 1
Agenda Item No. J ~
75-0262
CIT\ OF SAN BERNARDI"- ) - REQUE. r FOR COUNCIL AC\ _!>N
STAFF REPORT
The Board Of Trustees of the San Bernardino Public Library intends to produce
five major art exhibits in the galleries of the Norman F. Feldheyrn Central
Library for free viewing by the general public as well as serving as the
focal point for the Library's extensive series of school classroom visits.
During FY 1986-1987 the Board of Trustees requests $15,000 from the Mayor
and Common Council for the expenses involved in the selection of artists,
coordination of the exhibits, installation and takedown expenses, insurance
and incidental costs.
The Library Board foresees four of these exhibits will center around the
types of art represented in past exhibits: oil paintings, water colors,
acylics, marble sculpture, neon art and other three dimensional media
such as pottery, rug weaving and so on. A cornrnittment has been made to
include a wide range of ethnic representation such as Mexican and Chicano
art, Black art and American Indian creations to broaden the community's
exposure, particularly among school children.
The fifth exhibit will be a major juried art show to allow area artists
to have their finest pieces displayed in the Feldheyrn Library to complete
its role as a focal point of community activity and culture.
With the financial support of the Mayor and Common Council, the Board of
Trustees will issue a Request For Proposals to groups and individuals who
might be willing to serve as a contractor to coordinate the exhibits. At-
tached is a draft of the contract prepared by the City Attorney's office.
Key organization members reponsible for prior exhibits include Mrs. Kathleen
Grossman (Library Board Secretary and Chairperson of the Gallery Committee);
Steve Whitney (City Librarian); Wallace Stoebe (Friends Of The Library Presi-
dent); and Mrs. Shirley Tochterman and Mrs. Barbara Savage ( Co - chairs of
the Docents Of The Norman F. Feldheyrn Central Library). Chelo Eckhardt
(Consuelo Eckhardt & Associates) served as the contractor coordinator to
the Library Board.
Some of the prior exhibits brought art of international acclaim to our
community, such as:
Jane and Robert E. Wood -- painters
Donald David -- sculptor
November 1 - December 13, 1985
Carol Hamilton, Pam Marks, Nancy Christy Moore
Lynne Wilson and Sally Wilson -- local artists
December 15 - February 14, 1986
George Baker -- metal sculptor
Salvador Cruzado -- Mexican artist
March 1 - April 30, 1986
Eino - marble sculptor
Gregory Hawthorne -- acrylic painter
May 31 - July 15, 1986
75-0264
n~~~ ')
Over one miilion visitors are anticipated to pass through the Norman F.
Feldheym Central Library this year. The Library Board is inspi~ed by
the overwhelming popular reaction to these past exhibits to continue the
committment to bring premier quality museum art for free public display
to the Inland Empire.
Obviously funds are limited. The Library Board is endeavoring to make
operational ends meet this year within the narrowest of fiscal margins.
Without your supplementary assistance, the continuance of the quality
Feldheym gallery exhibits will not be possible. The Board therefore
requests an allocation of $15,000 from the "Fine Arts" developer fees
to make the continuance of this bold and innovative program a reality.
P"'CH=> '{
FELDHEYM ART GALLERIES BUDGET
FY 1985-1986
Proposed
FY 1986-1987
Income:
Library operations
Trust account
Friends Of The Library
Fine Arts Commission
Arts Foundation
Gallery sales
TOTAL
$ 10,040
3,195
300
1,000
$ 17,900*
500
3,900
800
$ 23,100
$ 14,535
Expenses:
Staff costs (coordination, labor,
installation & takedoWn, etc.)
Printing
Postage
Shipping
Recognitions
Insurance
Contingencies
TOTAL
$ 10,010 $ 15,800
970 1,700
1,220 1,500
1,000 1,000
985 1,300
350 1,700
800
14,535 $ 23,800
* Includes $15,000 from "Fine Arts" Developer fees.
Page 4
SPECIFIC CONTRACTOR SERVICES
1. Administrative duties: Select the shows, interview and
communicate with the artists
Sales administration and marketing efforts
Administration: Phone work
Paper work
Contracts
Correspondance
2. Exhibit responsibilities:
a. Exhibit design: Framing
Placement of works
Lighting layout
Writing labels
b. Hanging exhibits
c. Coordinate deliveries and pickup of artists work
d. Design posters and announcement/invitation
Section V - 2
e. Write and disperse press releases; work with the press, i.e. local
newspapers
f. Coordinate reception with the artists
g. Docent briefings
n...._...... c:
Section V - 3
1
RESOLUTION NO.
2 RESOLUTION OF THE BOARD OF TRUSTEES OF THE SAN BERNARDINO
PUBLIC LIBRARY AUTHORIZING THE EXECUTION AND RATIFICATION OF AN
3 AGREEMENT WITH RELATING TO
CONSULTING SERVICES.
4
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE SAN
5 BERNARDINO PUBLIC LIBRARY AS FOLLOWS:
6 SECTION 1. The City Librarian is hereby authorized and
7 directed to execute on behalf of said Board of Trustees an
8 Agreement with relating to
9 consulting services, which agreem~nt is attached hereto, marked
10 Exhibit wAw, and incorporated herein by reference as fully as
11 though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Board of Trustees of the San Bernardino Public
meeting thereof, held on the
, 1986, by the following vote,
14 Library at a
15 __ day of
16 to wit:
17 AYES:
18
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19
20
21
NAYS:
ABSENT:
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City Librarian
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23
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24 .""'/ - -' /. I
/1(1:~"1. (. "y h...t
25 City Att<,rney-
26
Approved as to form:
27
28
Paee 6
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2
3
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Section V - 4
~GREEMENT
THIS AGREEMENT ia ratified and entered into between the
Board of Trustees of the San Bernardino Public Library, referred
to as -Board-, and
referred to as -Consultant-.
The parties agree as followss
1. Scope of Services. Consultant shalll
A. Identify and interview local, national and
international artists from whom exhibits would be selected.
B. Develop a marketing strategy to use 1n selling the
11 artworks shown in the gallery, i.e. mailing lists, publicity to
12 Southern California art magazines and publications, announcements
13 to other galleries, etc. A percentage of the total sales income
14 produced from the gallery is to be returned to the library.
C. Deal with all inquires, negotiations, and sales of
15
16 the gallery. All administrative tasks are to be handled through
17 the office of Consultant.
18
19 juried.
20 design of exhibit: coordinating deliveries and pick up of
D.
Produce five
exhibits, one of which is to be
Each exhibit would require the following preparation:
21 artworks; designing posters and announcements: writing and
22 dispersing press releases: working with press, coordinating
23 receptions and openings with artist: handing and disassembling
24 the exhibi t.
25
26 recommending professional art juror to Library Board of Trustees
27 for hiring.
28
E.
Juried exhibit will require interviewing, and
Consultant will work with hired juror(s) to
1
n~_~ 7
Section V - 5
1 deter.ine criteria, requirements and definitions Ci.e. aedia,
2 themes, techniques) of work to be accepted into ahow.
S Consultant will .ake public all facts regarding the
4 competition before work is accepted for jurying. A clear
5 statement of each juror's attitude and intentions toward jurying
6 will be .ade available to artists before they enter competition.
7 All works will be judged equally and fairly.
8 Consultant will provide Artists Equity Association national
9 policy guidelines for juried *xhibitions to hired juror's and
10 Library Board for review.
11 F. Provide docent briefing to library docent group.
12 2. Services to be Furnished ~o Consultant. All
13 information, data and reports, existing and available to the
14 Board relating to the performance of Consultant's services shall
15 be furnished to the Consultant without charge. City shall
16 provide insurance, security, printing, selection guidelines and
17 official exhibition agreements.
18 3. 1ime of Performance. Consultant shall spend the time
19 necessary to accomplish the services referred to in Paragraph I
20 of this agreement.
21 4. tQmpensation. Board shall pay Consultant the sum of
22 for services
23 performed pursuant to this agreement certified by the City
24 Librar ian.
25 s. ~od of Payment. Compensation for services shall be
26 made in progress payments as follows: three thousand
27 dollars ('3,000.00) on the opening day of each exhibit.
28
2
P"n-a Q
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Section V - 6
1
2
3 All invoice. rendered by Consultant to the Library Board of
4 Trustees and/or their representatives are due and payable within
5 ten days of billing date unless specifically stated otherwise in
6 this agreement.
7 6. Written A9reements with Artists. At least one week
8 prior to the installation of each new exhibit, the Consultant
9 shall present copies of signed agreements with each of the
10 participating artists. All fees and costs shall be stipulated in
11 these agreements and the Board's liability shall be specifically
12 limited. These agreements shall contain the further stipulation
13 that no artworks are to be installed before an agreed upon
14 installation dateJ that none shall be substituted during an
15 exhibit in progress and that all works shall be removed by an
16 agreed date.
17 7.~. The term of this agreement shall be for
18 months, commencing and terminating
19
20 8. B~~~ionship of porties. Consultant is acting as
21 independent contractor, and not an employee of Board. Consultant
22 shall not be supervised, directed, or under the control or
23 authority of any Library officer or employee, except and to the
24 extent expressly or implicitly required by this agreement. Any
25 required direction or control shall be limited to broad
26 objectives or goals and not to the details and procedures to
27 accomplish objectives or goals.
28
3
V:H'f' q
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Section V - 7
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1 .. Bold Bar.le.s. Consultant ahall hold Board, the City of
2 San Bernardino, ita elective and appointive boards, commiasions,
3 officera, agents and employees, harmleas from any liability for
4 damage or claims for damage for personal injury, including death,
5 as well as from claims for property damage or any other cause of
6 action which .ay arise from Consultant's operations under this
7 agreement. Consultant shall defend Board, the City of San
8 Bernardino and its elective and appointive boards, commissions,
9 officers, agents and employees from any suits or actions at law
10 or in equity for damages caused or alleged to have been caused by
11 reason of Consultant's performance under this agreement,
12 including any claims that may arise against Board or City by
13 reason of Consultant'. relationships with Board being legally
14 categorized as other than an independent contractor relationship.
15 10. Consultant'. Personnel. A Managing Officer shall be
16 responsible for the overall direction of the Consultant's
17 activities in fulfillment of this contract, including the
18 assigning and management of the Consultant's staff, and for the
19 initial structuring and subsequent monitoring of work to be
20 performed.
21 11. Records and Accounts. The Consultant shall maintain
22 records and accounts, including property, personnel and financial
23 records, as are deemed necessary by the Board to assure a proper
24 accounting for all contract funds. These records shall be made
25 available for audit purposes to the Board, or any authorized
26 representative and shall be retained for three years after
27 expiration of this contract unless permission to destroy them is
28 granted by the Board.
4
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Section V - 8
1 12. ~.rmination of Agreement. If Conaultant ahall fail for
2 any reason to fulfill in timely and proper .anner its obligations
S under this agreement, or if Consultant ahall violate any of the
4 covenants, conditions, or provisions of this agreement, Board
5 shall thereupon have the right to terminate this agreement by
6 giving written notice to Consultant of such termination and
7 specifying the effective date of such termination. In such
8 event, all finished or unfinished documents, data, studies,
9 surveys, drawings, maps, models, photographs, and reports
10 prepared by the Consultant under this agreement, shall, at the
11 option of Board, become its property and Consultant shall be
12 entitled to receive just and equitable compensation for any
13 satisfactory work completed on such documents and other
14 materials. Notwithstanding the foregoing provision, Consultant
15 shall not be relieved of liability to Board for damages sustained
16 by Board by virtue of any breach of the agreement by Consultant
17 and Board may withhold any payments to Consultant for the purpose
18 of set-off until such time as the exact amount of damages due
19 Board from Consultant is determined.
20 Notwithstanding any other provision of this agreement,
2] Consultant or Board may terminate this agreement upon thirty days
22 written notice to the other party, and this agreement shall
23 terminate thirty days thereafter.
24 13. Eaual Employment ODDortunity. There shall be no
25 discrimination against any employee who is employed in the work
26 covered by this agreement, or involving any application for such
27 employment, because of race, color, religion, sex, or national
28 origin.
5
'D<:::ln-a 11
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Section V - 'j
1
1 14. tmen4ment. ~hia agreement aay be a.ended or modified
2 only by written agreement aigned by both parties. Failure of
3 either party to enforce any provision of this agreement shall not
4 be construed as a waiver of the right to compel enforcement of
5 the provision.
6 15. ~otices. All notices relatih~ to this agreement shall
7 be in writing and delivered in person or sent by certified mail,
8 postage prepaid, addressed as to11ows:
9 City Librarian
City of San Bernardino
10 555 W. 6th Street
San Bernardino, CA 92401
11
12
13
14
15
16
17
18
19
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the
day of
, 1986.
BOARD OF TRUSTEES OF THE
SAN BERNARDINO PUBLIC LIBRARY
BY
City Librarian
BY
20 Approved as to form:
21
25
26
27
28
6
P~Q"e 12
AVAILABLE WALL SPACE - 117 LINEAR FEET
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CITY OF SAN BERNARDINO
300 NORTH "D"ITREET,IAN BeRNARDINO, CALIFORNIA 8241.
(7141383-5133
IVL YN WILCOX
Mevor
November 10, 1986
O"ICE 0' THE MAYOR
Mr. Larry Harvey, President
Board of Trustee.
San Bernardino Public Library
555 W. Sixth Street
San Bernardino, CA 92410
Dear Mr. Harvey:
We have denied the request ot the Friend. of the Library
for a grant becau.e of the contJ:actual arrangements
presented in your proposal.
Please submit a request for our consideration with a
different format, as we would like to assist you in your
endeavors to bring visual arts to the citizens of our City.
Further, we encourage you to use local arts groups for
display purposes.
We look forward to receiving another grant proposal from you
at the next submittal period, early next year and, in fact,
encourage you to do so.
Sinc.~~elY'(l ~
;-;j,L"i\ ~~
.sa~~ ~Zv.r, dairman
Fine Arts Commission
BS:gb.
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