HomeMy WebLinkAbout1996-332
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96-332
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER FOR THE FINE ARTS
RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND
FOR FISCAL YEAR 1996/97.
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 Sturges Center for the Fine Arts relating to
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1996/97, a copy of which is attached hereto, marked Exhibit "A" and
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financial
assistance from the civic and promotion fund for FY
incorporated herein by reference as fully as though set forth at
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length.
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SECTION 2. The authorization to execute the above referenced
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agreement is rescinded if the parties to the agreement fail to
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execute
it
this
within
sixty
of
the
passage
of
(60)
days
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mqyc;>r
]o~nt
Bernardino at a regular
and Common Council of the city of
San
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21st
meeting thereof, held on the
day
22 of October 1996, by the following vote, to wit:
,
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RESOLUTION AUTHORIZING FINANCIAL ASSISTANCE TO STURGES CENTER
FOR FINE ARTS.
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AYES NAYS ABSTAIN ABSENT
X
X
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DEVLIN
ANDERSON
MILLER
~f6c~
is hereby approved thiS}3M
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---. ~/,u<L-.
/ ~. .:::? t1hrvv \.-.
Tom Minor, Mayor
city of San Bernardino
The foregoing resolution
October , 1996
day of
Approved as to form
19 and legal content:
20 JAMES F. PENMAN
21 City Atlf. rne.y
By: )L~9-/t~
: (I
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14 1996/97 budget year,as outlined in their Request for Funding to the
15 Mayor and Common Council, a copy of which is attached hereto marked
16 Exhibit "A". The terms of the request are incorporated herein by
17 reference and shall govern the uses of the funds provided herein.
18 The financial assistance provided for in this agreement is made on
a one-time basis, and receipt of said funds shall not imply a
continuing obligation of the City beyond the terms of this
A G R E E MEN T
civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
THE STURGES CENTER FOR FINE ARTS, a non-profit organization,
referred to as "Organization."
The parties agree to as follows:
1. Recitals.
A. Organization has requested financial assistance from
City for the fiscal year 1996-97, in order to assist in defraying
the expenses connected with the conduct of events related to the
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21 Agreement.
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2. Pavrnent. Upon presentation of a claim to the ci ty
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Finance Director, city shall pay to Organization from the civic and
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promotion fund budget for the 1996-97 fiscal year, the total sum of
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B. The expenditure is for a valid municipal public
purpose, to wit: for the conduct of events related to the 1996/97
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TWENTY THOUSAND DOLLARS ($20,000).
3. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Paragraph 1 above. No
deviation from these provisions shall be made without the express
approval of the City of San Bernardino. Any unexpended funds shall
be returned to the City by Organization.
4. Accountabilitv. Financial records shall be maintained in
accordance with generally accepted accounting principles by
Organization in such manner as to pennit City to easily trace the
expenditure 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. Failure to submit the
financial records in accordance with this section will result in
the Organization reimbursing the city in the full amount received
by Organization. At the conclusion of the program, Organization
shall present the City Administrator or her designee copies of all
receipts for expenditures connected with said program in the total
amount of $20,000.
5. Hold Harmless. Organization covenants and agrees to defend,
indemnify, and hold 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 activities of Organization.
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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
purpose other than those authorized under this agreement.
Authorization to Execute.
organization hereby
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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.
12. 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:
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Attn: City Administrator
sturges Center for the Fine Arts
780 North "E" Street
San Bernardino, CA 92411
Attn: Charles A. Bradley,
General Manager
10. 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 negotiations and prior writing in respect to the
subject matter hereof.
In the event of conflict between the terms,
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96 332
AGREEMENT WITH STURGES CENTER FOR FINE ARTS FOR FINANCIAL
ASSISTANCE.
1 conditions or provisions of this Agreement, and any such document
2 or instrument, the terms and conditions of this Agreement shall
3 prevail.
4 In witness whereof, the parties hereto have executed this
5 agreement on the day and date first above shown.
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ATTEST:
CITY OF SAN BERNARDINO
B~UA--
T ~nor, ayor
anager
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Approved as to form
19 and legal content:
BY: ~AIL ~
City erk
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James F. Penman,
21 City Attorney
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.;~ .f .
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Sturges Center is well placed in size and availability for continued growth and
development. The Center seats 743, which is a good mid-sized facility. Our rates are competitive
against other facilities in the local and extended areas. We are in line with the rates charged by
the school district for school facilities and, without the constraints of school district policy, we
are very attractive for organizations that might normally use those facilities.
The Center does need some stage work, particularly in the electric capabilities and in
stage storage and preparation areas. However, at the present time, our facility is quite functiol1a1
and able to provide the lI1l\iority of the needs of our constituents. .
In the past eight months I have begun the research work concerning the availability of
grants for operational and program support. I have identified eight foundations which are
currently giving funds in those areas and have initial contact, Most have responded that the
Center needs to have at lea.'it one year of qperatiSln, and have a proven financial stability prior
to receiving funding1iOm their foundation. Based on this information, 1996/1997 will be the
year in which we will begin to receive grants and support from outside funders, As the fall
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funding period approaches, I will be filing grant. requests with th~ fOlllldations, as well as, any
other organizations which are identified as providing financial support in the areas needed by
Sturges Center.
Based on the above information, the Board af Directors of the Sturges Foundation
requests continued funding at last years level from the Economic Development Agency .for
Sturges Center for the Fine Arts. The $60,000.00 provided last year was used to keep Sturges
Center open and viable and to upgt<lde our current facilities, We know that with continued
SUJl1lOrt from your agency Sturies Center for the Fine Arts will be able to actively continue
providing a performance venue for many local organizations, as the only facility available at an
affordable price and ac~essablc to the greater San Bernardino Community,
If you need any additional information, please feel free to call me at 384-5411/5415.
Thank you for your contillUed support of Sturges Center for the Fine Arts,
Sincerely,
tlLG.~
Charles A, Bradley
General Manager
Sturges Center for the Fine Arts.
EXJ-!- /8/114 II