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f;:~ ~ OF SAN BERNARD 10 - REQUEI' j FOR COUNCIL ACT)N
From: Thelma Press, Liaison, r~ayor
~ Council
Su~ect: Reco~endation by Fine Arts Commission
- Grant to Tri City/Lonny Gans &
Associates - $1,150
Dept:
Date: October 31, 19G8
Synopsis of Previous Council attion:
Recommended motion:
Adopt Resolution.
7Ztf~~ ~
Signature
Contact person: Thelma Press
Supporting data attached: Yes
Phone:
5114
Ward:
FUNDING REQUIREMENTS:
Amount: $1, 150
Source: (Acct. No.)
001-091-53605
(Acct. DescriPtion)
Finance:~ ~
Council Notes:
75-0262
Agenda Item No.
'31
.cr.Y.OF SAN BERNARD..40 - REQUE~~. FOR COUNCIL ACT...JN
STAFF REPORT
The Fine Arts Commission recommends the grant to
Tri City/Lonny Gans & Associates in the amount of
$1,150.
Tri City Corporation's art is being coordinated by
Lonny Gans & Association. since the half percent
of fine arts funding is coming from commerical
development fees, the Fine Arts Commission feels
it's imperative to encourage our commerical
developers to bring outstanding pieces of visual
arts to enhance the city of San Bernardino.
The Guy Dill Sculpture will be on loan and
installed by the side of city hall for a period of
time until it can be moved to its permanent place
at Tri City.
Tri city wishes to continue with an art and public
loan practice with the city. I have contacted our
risk management division and they have worked with
the artist and the consulting firm in order that
we meet all our cities liability requirements.
In order to justify our half percent contribution
from the commerical builders, the Fine Arts
commission will be looking in the future on having
a strong emphasis on the visual arts to be placed
in a variety of city areas.
Attached is a xerox of the acquisition of Tri
City.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRI CITY
/LONNY GANS , ASSOCIATES 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 Tri City/Lonny
Gans , Associates 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 fo~egoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
meeting
day of
thereof, held on the
,
1988, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1 988.
Resolution for Tri City/Lonny Gans & Associates Grant
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4 Ap roved as to form and legal content:
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Evlyn Wilcox, Mayor
City of San Bernardino
1 AGREEMENT
2 Fine Arts Fundinq
3 THIS AGREEMENT is entered into between the CITY
4 OF SAN BERNARDINO, a municipal corporation, referred to
5 as "City", and the Tri City/Lonny Gans & Associates a
6 non-profit organization, referred to as "organization".
7 The parties agree as follows:
8 1. Recitals.
9 A. Organization has requested financial
10 assistance from City for the fiscal year 1988-89, in
11 order to assist in defraying the expense of certain
12 concerts, shows, festivals or events or activities
13 I sponsored by Organization as set forth in Organi-
14 zation's grant proposal (hereinafter "the proposal")
15 approved by the Fine Arts Commission of the City, a
16 copy of which proposal is on file in the Office of
17 Cultural Affairs. The terms of the proposal are in-
18 corporated herein by reference and shall govern the
19 uses of the funds provided here-in. The financial
20 assistance provided for in this agreement is made on a
21 one-time only basis, and receipt of said funds shall
22 not imply a continuing obligation of the City beyond
23 the terms of this Agreement.
24 B. The expenditure is for a valid munici-
25 pal public purpose, to wit: for an exhibition of
26 pUblic art in San Bernardino, as more fully set forth
27 in the proposal submitted by Organization.
28 2. Pavment. Upon presentation of a claim to
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the City Finance Director, city shall pay to organiza-
tion from the budget for the 1988-89 fiscal year, the
total sum of one thousand one 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, 1989 and any unexpended
funds shall be returned to City by organization.
4. Accounting. 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.
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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.
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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-
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.
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Notices. All notices herein required
2 shall be in writing and delivered in person or sent by
3 certified mail, postage prepaid, addressed as follows:
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As to City:
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
As to organization:
Tri City/Lonny Gans &
Associates
Attn: Xiliary Twill
310 Washington Street
suite P214
Marina Del Rey, CA 90292
10 11. Entire Aqreement. This Agreement and any
11 documents or instruments attached hereto or referred to
12 herein integrate all terms and conditions mentioned
13 herein or incidental hereto, and supersede all negotia-
14 tions and prior writing in respect to the subject
15 matter hereof. In the event of conflict between the
16 terms, conditions or provisions of this Agreement, and
17 any such document or instrument, the terms and condi-
18 tions of this Agreement shall prevail.
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DATED:
CITY OF SAN BERNARDINO
ATTEST:
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City Clerk
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AGREEllliNT :
TRI
rY/LONNY GANS & .SOCIATES
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organization
Approved as to form
and legal content:
7'
ty Attorney
..\~ Lonny Gans & Associates
Fine
Art
Consultants
October 13, 1988
Ms. Thelma Press
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
RE: Installation of Guy Dill Sculpture on Site at The city
Dear Thelma:
Pursuant to our telephone conversation today, the expenses to be
covered by the City would be:
2. Materials and Site preparation;
$600.00
185.00
1. Transportation - Los Angeles to San Bernardino;
3. Insurance - Wall-to-Wall.
165.00
$950.00
Tri-City would be responsible for de-installation and restoration
of the site.
The artwork is currently available for installation and the period
that it would remain on site is until Tri-City's six story building
is completed, which is January or February 1989.
I will contact John Kirwan to arrange a time for him to see the
sculpture in Venice, prior to your committment.
Tri-City wants to continue with their "Art in Public Places" loan
program to the City, and I hope that this can be viewed as an asset
to the City, and not a liability.
regar~
(uA1V1-/ r ~
Xiliary Twill
LONNY GANS & ASSOCIATES
cc: John Quinton
XT:cmc
310 Washington St., Suite P214. Marina Del Rey, CA 90292. (213)821-9911
~~
Lonny Gans & Associates
Fine
Art
Consultants
Oc tober 3, 1988
Thelma Press
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dear Thelma,
As a continuation of Tri-City Corporation Centre's "Art in Public
Places" loan program to the City of San Bernardino, I have enclosed
a Xerox of the latest acquisition for Tri-City.
The work;
Guy Dill, circa 1987
"Coleccion de Espejos Abstractos"
Black painted steel with carnuba wax.
132" x 108" x 43"
is available for temporary loan to the city, as the building where
the sculpture will be placed will not be ready until December or
January.
To obtain the most visibility, I recommend it be placed between the
garage and building entryway - where the majority of employees pass
by and can enjoy the sculpture. I would request that the City or
The Fine Arts Commission fund the installation and use it as a promo-
tional tool if possible.
Ron MacDonald has also suggested that we apply for funding for the
purchase of artwork to be placed in the public areas of the Lake at
Tri-City. Could you give me some information on that?
I look forward to the opportunity of continuing our "Art in Public
Places' loan program to the City. I welcome your comments.
Wit~~A~~~
iliary Twi1
LONNY GANS & ASSOCIATES
XT:vo
Enclosure:
(1) Guy Dill Xerox "Co1eccion de Espejos Abstractos"
310 Washington St., Suite P214. Marina Del Rey, CA 90292. (213)821-9911
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CHECKLIST
This 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 rejected without consideration for funding.
1 . Is the application typed?
2. Are all pages in proper order and numbered?
3. Does supplemental material refer to appropriate section numbers?
4. Are all elements answered on page one?
,. Does the need statement really present a valid, easily understood need?
6. Is there a target group identified in the need statement?
7 . Does the need statement express a local need?
8. Do your intended results explain activities you plan to do in order t.o
meet the needs you have identified?
9. Did you explain and specify in measurable terms your intended results on
the target group?
10. Did you respond to the application instructions element-by-element?
11 . Is your budget in line item detailed on supplemental sheets?
12. Are your calculations accurate?
13. Is the document signed by the director or board president or a~thorized
signa ture?
14. (s each application stapled individually?
15. Are there copies being forwarded to the City Fine Arts Commission Office?
16. In re-reading the application from beginning to end, is there continuity
of thought?
17. Is the checklist complete and attached to the original application?
18. Are you filing the application within the appropriate time frame?
I
I It'( Yes
I",., Yes
I",. Yes
I." Yes
I v( Yes
111'1 Yes
I"" Yes
I VI Yes
IV! Yes
1"1 Yes
1"1' Yes
IV{' Yes
114' Yes
I"'" Yes
I"'fYes
I ,/ Yes
I v( Yes
IIf Yes