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. CITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
From:
Thelma Press, Liaison
~ayor and Common Council
Mayor's Offi ce
Subject:
Recommendation by Fine Arts Commission
to grant to the Sturges Foundation
$21,000.00 -- salary for Assistant
to Fine Arts Coordinator.
Dept:
DItI:
November 2, 1990
Synopsis of Previous Council action:
_.,!'t>o
11/5/90
Funding in amount of $21,000 from Fine Arts portion
of cultural development fees for staff position of
Assistant to Cultural Activities Coordinator approved.
Recommended motion:
ADOPT RESOLUTION
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Signature
ContICt person:
Thelma Press
Phone: ext. 5114
Supporting data .ttached: YES Ward:
FUNDING REQUIREMENTS: Amount: $21.000.00
Source: {Acct. No.!' Arts Funding O~ (- 00;1 ~ 1) '3 ~S-l
fAcet. DescriDtionl
Finance:
r 1./j2-:I
Council Notal:
75.0262
Agenda Item N..
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE
PROMOTION OF ARTS AND CULTURE (SALARY FOR AN ASSISTANT).
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
6 hereby authorized and directed to execute on behalf of said
7 City an Agreement with the Sturges Foundation a copy of which
8 is attached hereto, marked Exhibit "A" and incorporated herein
9 by reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
11 referenced agreement is rescinded if the parties to the
12 agreement fail to execute it within sixth (60) days of the
13 passage of this resoluti.on.
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I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
, 1990, by the following vote,
day of.
COUNCIL MEMBERS
ESTRADA
AXH
HAm
ABSTAIN
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
(1)
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O' 0
RESOLUTION .' OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE
PROMOTION OF ARTS AND CULTURE.
The foregoing resolution is hereby approved this
day of
, 1990.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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AGREEMENT
Fine Arts Fundina
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City",
and the Sturges Foundation a non-profit organization, referred
to as "organization".
The parties agree as follows:
1. SalarY.
A. organization has requested financial assistance
from City for the fiscal year 1990-91, in order to pay the
salary for an assistant to sturges Center Fine Arts Coordinator
to assist with 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 special projects in 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
Finance Director, City shall pay to Organization from the
budget for the 1990-91 fiscal year, the total sum of twenty-one
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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 soley 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, 1991, 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
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a copy to the Director of Finance and the San Bernardino Fine
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Arts commission, an accounting of the proposed and actual
expenditures of all revenues accruing to the Organization for
the fiscal year ending June 30, 1991. 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 agree to
defend, indemnify, and hold harmless the City and its employees
and
liabilities and charges, expenses
agents
from all
(including counsel fees), suits or losses however occuring, or
damages arising or growing out of the use or receipt of the
funds paid hereunder and all operations under this agreement.
(2)
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Payments hereunder are made with the understandinq that the
city is not involved in the performance of services or other
activities of orqanization. Orqanization and its employees and
aqents are independent contractors and are not employees or
aqents of the city in performinq said services.
6. Termination. City shall have the riqht to terminate
this Aqreement and any fundinq remaininq unpaid hereunder for
any reason by mailinq a.ten-day written notice to Orqanization
and this aqreement shall terminate ten days after the mailinq
of such notice. In the event this Aqreement 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. 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, 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
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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
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Liability
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injurieS,
including, but not limited to,
Insurance. In an amount not
less than $100,000 for
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 ~ereunder are to be paid as
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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.
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.
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
As to organization:
sturges Foundation
Attn: Norm Baffrey
(4)
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300 North "0" street
San Bernardino, CA 92418
11.
Entire Aareement.
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300 North. "0" Street
San Bernardino, CA 92418
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.
DATED:
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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(5)
CITY OF SAN BERNARDINO
w. R. "Bob" Holcomb, Mayor
Organization