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HomeMy WebLinkAbout36- Mayor's Office CITY OF SAN BERNA DINO REQUEST FC COUNCIL ACTION From: Jean Andersen, Fine Arts Liaison Approve recommendation by the Fine Subject: Arts Commission to g rant $6 , 000 - 00 to the Dept: Office of the Mayor National Council of Negro Women, Inc . Date: November 4 , 1993 Synopsis of Previous Council action: December 7 , 1992 - The Mayor and Common Council approved Resolution No. 92-443 Recommended motion: ADOPT RESOLUTION Signature Contact person: Jean Andersen Phone: ext. 5114 Supporting data attached: YES Ward: All FUNDING REQUIREMENTS: Amount: $6 ,000 -00 Source: (Acct. No.) 001-091-53664 Acct. Description) l/ r� Finance* // Council Notes: ��?% ��fGr���=�G� �5 75-0262 Aaenda Item Nn_ ' FINE ARTS COMMISSION STAFF REPORT APPLICANT: NATIONAL COUNCIL OF NEGRO WOMEN, INC. INLAND EMPIRE SECTION This year the NCNW will expand its presentation of cultural arts through the use of additional art forms, thus strengthening its purpose of enabling the community to know and appreciate the abundant cultural heritage and artistic talent of peope of African American descent. Two productions will be presented in May, 1994 . Two hundred seats will be made available for the opening night of Duke Ellington's "Sophisticated Ladies" at the California Theater. Four hundred seats will be available for "Bertram Miller plays Mozart" at the California State University Theater. Mr. Miller is a graduate of San Bernardino Valley College and CSUSB, and is presently a music professor at Temple University, Pennsylvania. One hundred fifty youths will be provided free tickets. Through these two performances the NCNW addresses six critical needs: • There is a need for quality cultural arts programs. • There is a need to reflect positive aspects of particular ethnic groups, specifically African Americans. • There is a need to spotlight local performers, as well as show- case well-known performers. • There is a need to expand the appreciation of ethnic art to new venue, and to new population segments. • There is a need to promote positive public relations between the African American community and the larger community. Sixty percent of the revenue from these performances will benefit the Bethune Youth Employment Center, 649 E. Foothill Blvd. Suite D, Rialto, CA. The total budget for these performances is $10, 000. The grant request was for $8, 000 and the Fine Arts Commission at its November 2 , 1993 meeting approved the grant in the amount of $22, 500. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 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 the National Council of Negro Women, 9 Incorporated a copy of which is attached hereto, marked 10 Exhibit "A" and incorporated herein by reference as fully as 11 though set forth at length. 12 SECTION 2 . The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the 14 agreement fail to execute it within sixty (60) days of the 15 passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a meeting thereof, held on the 19 day of 1993 , by the following vote, to wit: 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 City Clerk 14 The foregoing resolution is hereby approved this 15 day of , 1993 . 16 Tom Minor, Mayor 17 Approved as to City of San Bernardino 18 form and legal content: 19 JAMES F. PENMAN City Attorney 20 21 BY: 22 23 24 25 26 27 28 0 1 AGREEMENT 2 Fine Arts Funding 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City" and 5 The National Council of Negro Women, Incorporated, a non- 6 profit organization, referred to as "Organization" . 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance 10 from City for the fiscal year 1993-94, in order to assist in 11 defraying the expense of certain concerts, shows, festivals or 12 events or activities sponsored by Organization as set forth in 13 Organization's grant proposal (hereinafter "the proposal") 14 approved by the Fine Arts Commission of the City, a copy of 15 which proposal is on file in the Office of Cultural Affairs. 16 The terms of the proposal are incorporated herein by reference 17 and shall govern the uses of the funds provided herein. The 18 financial assistance provided for in this agreement is made on 19 a one-time only basis, and receipt of said funds shall not 20 imply a continuing obligation of the City beyond the terms of 21 this Agreement. 22 B. The expenditure is for a valid municipal public 23 purpose, to wit: for the promotion of art appreciation in San 24 Bernardino, as more fully set forth in the proposal submitted 25 by Organization. 26 2 . Payment. Upon presentation of a claim to the City 27 Finance Director, City shall pay to Organization from the 28 1 budget for the 1993-94 fiscal year, the total sum of $6, 000. 00 2 dollars, to cover the costs per the Fine Arts grant 3 application agreement. 4 3 . Use of Funds. The funds paid to Organization shall 5 be used solely for the purposes set forth in Paragraph 1 and 6 in strict compliance with the provisions set forth in the 7 agreement. No deviation from the agreement shall be made 8 without the express approval of the City of San Bernardino. 9 Said funds shall be expended by June 30, 1994, and any 10 unexpended funds shall be returned to City by Organization. 11 4 . Accounting. Within 20 days after the completion of 12 the event, the Organization shall submit to the City 13 Administrator, with a copy to the Director of Finance an 14 accounting of the actual expenditures connected with said 15 event as it relates to the funds which were provided by the 16 City. Financial records shall be maintained in accordance 17 with generally accepted accounting principles by Organization in such manner as to permit City to easily trace the 18 expenditures of the funds. All books and records of 19 organization are to be kept open for inspection at any time 20 during the business day by the City or its officers or agents. 21 Failure to submit the financial records in accordance with 22 this section will result in the Organization reimbursing the 23 City. 24 5. Hold Harmless. Organization covenants and agrees to 25 defend, indemnify, and hold harmless the City and its 26 employees and agents from all liabilities and charges, 27 28 -2- I 1 expenses (including counsel fees) , suits or losses however 2 occurring, or damages arising or growing out of the use or 3 receipt of the funds paid hereunder and all operations under 4 this agreement. Payments hereunder are made with the 5 understanding hat the City is not involved in the g y performance 16 of services or other activities of Organization. Organization 7 and its employees and agents are independent contractors and 8 are not employees or agents of the City in performing said 9 services. 10 6. Termination. City shall have the right to terminate 11 this Agreement and any funding remaining unpaid hereunder for 12 any reason by mailing a ten-day written notice to Organization 13 and this agreement shall terminate ten days after the mailing 14 of such notice. In the event this Agreement is terminated for 15 reasons of improper use of funds or use of funds for any 16 purpose other than those authorized, any unexpended portion of 17 the funds provided by City shall be returned to City. In 18 addition, Organization shall reimburse to City any funds 19 expended which were used for any purposes other than those 20 authorized under this Agreement. 21 7. Assignment. Organization shall not assign its 22 interest in this Agreement without the prior written approval 23 of City. 24 8. Insurance. Organization shall take out and 25 maintain during the life of this Agreement such public 26 liability and property damage insurance as shall insure City, 27 its elective and appointive boards, commissions, officers, 28 - �- i 1 agents and employees, organization and its agents performing 2 acts covered by this Agreement from claims for damages for 3 personal injury, including death, as well as from claims for 4 property damage which may arise from Organization' s or its 5 agents' operations hereunder, whether such operations be by 6 Organization or its agents or by anyone directly or indirectly 7 employed by either Organization or its agents, and the amounts 8 of such insurance shall be as follows: 9 (a) Public Liability Insurance. In an amount not less 10 than $100, 000 for injuries, including, but not limited to, 11 death to any one person, and subject to the same limit for 12 each person, in an amount not less than $100, 000 on account of 13 any one occurrence; 14 (b) Property Damage Insurance. In an amount of not less 15 than $50, 000 for damage to the ro ert of each P P Y person on 16 account of any one occurrence. 17 (c) Workers Compensation. Organization shall provide 18 workers compensation insurance in the amount required by state 19 law if the funds provided hereunder are to be paid as salary 20 to any employee of organization. Organization shall require 21 that all rights of subrogation under such policy of workers 22 compensation insurance shall be waived as to City. City shall 23 be set forth as an additional named insured in each policy of 24 insurance provided hereunder. 25 9. Obligation. Organization hereby covenants that it 26 has taken all actions necessary to make the adherence to the 27 obligations imposed by this agreement a binding obligation of 28 1 the organization. 2 10. Notices. All notices herein required shall be in 3 writing and delivered in person or sent by certified mail, 4 postage prepaid, addressed as follows: 5 As to City: As to Organization: 6 City Administrator Deborah Robertson, President 7 City of San Bernardino National Council of Negro 300 North "D" Street Women, Incorporated 8 San Bernardino, CA 92401 P.O. Box 6655 San Bernardino, CA 92412 9 10 11. Entire Agreement. This Agreement and any documents 11 or instruments attached hereto or referred to herein integrate 12 all terms and conditions mentioned herein or incidental 13 hereto, and supersede all negotiations and prior writing in 14 respect to the subject matter hereof. In the event of 15 conflict between the terms, conditions or provisions of this 16 Agreement, and any such document or instrument, the terms and 17 conditions of this Agreement shall prevail. 18 12. Non-Discrimination. Organization agrees that for 19 the term of this Agreement it shall not discriminate in 20 employment, recruitment, hiring, admission practices, 21 advertising or in any other manner on the basis of race, 22 color, creed, religion, national origin, sex, physical handicap, or marital status. 23 24 DATED: 25 26 27 28 i 1 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE NATIONAL 2 COUNCIL OF NEGRO WOMEN, INCORPORATED FOR THE PROMOTION OF THE ARTS AND CULTURE. 3 4 CITY OF SAN BERNARDINO 5 6 Tom Minor, Mayor 7 8 9 ATTEST: City Clerk 10 11 ORGANIZATION 12 Approved as to form 13 and legal content: 14 JAMES F. PENMAN City Attorney 15 16 By 17 18 19 20 21 22 23 24 25 26 27 28 FINE ARTS COMMISSION GRANT ALLOCATIONS FISCAL YEAR 1993-94 FUNDING: Prior Year carryover Fine Arts Funding $ 30, 382 General Fund budget Fine Arts Funding $187, 618 Workshop For the Arts Funding ($ 1,200) TOTAL FUNDING $216, 800 AMOUNT AMOUNT REQUESTED GRANTED 1. Metropolitan Opera Association. . $ 3 ,500. 00 $ 3 , 000 2 . Inland Dance Theaters, Inc. . . . . . . $ 25, 000. 00 $ 22 , 500 3 . Prime Time Choraliers. . . . . . . . . . . . $ 3, 000. 00 $ 2 , 500 4 . SB Valley Community Assoc. . . . . . . . $ 20, 000. 00 $ 20, 000 5. Inland Cities Opera . . . . . . . . . . . . . $ 26, 000. 00 DENIED 6. Nat'l Council of Negro Women. . . . . $ 8, 000. 00 $ 6, 000 7 . San Bernardino Civic Light Opera. $ 75, 026. 00 $ 57, 800 8. Inland Empire Symphony Assoc. . . . . $ 80, 000. 00 $ 65, 000 9 . Sinfonia Mexicana Committee. . . . . . $ 20, 000. 00 $ 15, 000 10. Canto Bello Chorale. . . . . . . . . . . . . . $ 18, 000. 00 $ 15, 000 11. Home of Neighborly Services. . . . . . $ 4, 015. 00 DENIED (Video Montage) 12 . Inland Empire Opera Alliance. . . . . $ 10, 000. 00 $ 10, 000 13 . Home of Neighborly Services. . . . . . $ 18,452 . 00 DENIED (Storytelling) TOTAL FUNDED $216, 800