HomeMy WebLinkAboutS04-City Administrator
~TH"-
11.
-
'CITY OF SAN BER~DINO - REQUEST FjR COUNCIL ACTION
..
.
From: Fred Wilson
Asst. City Administrator
Dept: Administration
Subject: Authorize expenditure of Fine Arts
funds -- $22,050 -- for salary of
assistant to Sturges Fine Arts
Coordinator.
Date: June 24, 1991
Synopsis of Previous Council action:
11/19/90 -- Resolution No. 90-467 authorizing the execution of an
agreement with the Sturges Foundation for the promotion
of arts and culture (salary for an assistant) was approved.
06/24/91 -- Ways & Means recommended approval of funding in the amount
of $22,050 for FY 1991-92.
Recommended motion:
1. That an amount of $22,050 of the $50,000 donation provided by the
Central City Mall be used to cover the cost of the salary of the
assistant to the Sturges Arts Foundation Coordinator for the period
July 1, 1991 through June 30, 1992.
2. Adopt resolution.
1j;rJt-;~~"
Contact person:
John Kramer
Phone:
5031
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$22,050
Source: (Acct. No.)
001-091-53646
(Acct. DescriPtion)
Finance: (1-1_\ t) r-----
Council Notes:
75.0262
Agenda Item No. :3 ~ 'l
-
CITY OF SAN BERN~DINO - REQUEST FCfl COUNCIL ACTION
STAFF REPORT
On November 19, 1990, the Mayor and Common Council authorized
an agreement between the city and the sturges Foundation for
the Arts to provide compensation for an assistant to the
sturges Foundation Coordinator. The sum of $21,000 was
allocated for the period July 1, 1990 through June 30, 1991.
At the meeting of the Ways and Means Committee held on June
24, 1991, the Committee recommended approval of additional
funding in the amount of $22,050 for the period July 1, 1991
through June 30, 1992. This represents a five percent
increase over the FY 1990-91 level.
It is recommended that the resolution and agreement be
approved.
75-0264
o
o
RESOLUTION
1
2
3
4
5
6
7
8
9
10
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
hereby authorized and directed to execute on behalf of said City
an Agreement with the Sturges Foundation a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above-
11 referenced Agreement is rescinded if the parties to the
Agreement fail to execute it within sixty (60) days of the
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 III
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
day of
meeting thereof, held on the
, 1991, by the following vote, to wit:
Bernardino at a
ABSTAIN
AYES
NAYS
COUNCIL MEMBERS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
i
I
RESOLUTION c;) THE CITY OF SAN BE~DINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE
PROMOTION OF ARTS AND CULTURE (SALARY FOR AN ASSISTANT).
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit "A"
o
AGREEMENT 0
Fine Arts Fundina
THIS AGREEMENT, made and entered into this day
of , 1991, by and 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 1991-92, 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 this Agreement is not to be considered as 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. PaYment. Upon presentation of a claim to the city
Finance Director, city shall pay to Organization from the budget
for the 1991-92 fiscal year, the total sum of twenty-two
thousand fifty dollars ($22,050), to cover the costs ot funding
an assistant to Sturges Fine Arts Coordinator at the sturges
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
, 20
,
21
~
23
24
25
26
27
28
II
-
Theater. c:>
3. Use of Funds.
o
The funds paid to Organization shall
be used solely for the purposes set forth in Paragraph I 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, 1992, 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
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, 1992. 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 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 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 are made with the understanding that the city is not
involved in the performance of services or other activities of
Organization.
organization and its employees and agents are
-2-
independen~ntractors and are not <:)loyees or agents of the
1 City in performing said services.
2 6. Termination. City shall have the right to
3 terminate this Agreement and any funding remaining unpaid
4 hereunder for any reason by mailing a ten-day written notice to
5 Organization and this Agreement shall terminate ten days after
6 the mailing of such notice. In the event this Agreement is
7 terminated for reasons of improper use of funds or use of funds
8 for any purpose other than those authorized, any unexpended
9 portion of the funds provided by City shall be returned to City.
10 In addition, Organization shall reimburse to City any funds
11 expended which were used for any purposes other than those
12 authorized under this Agreement.
13 7. Assianment. Organization shall not assign its
14 interest in this Agreement without the prior written approval of
15 City.
16 8. Insurance. Organization shall take out and
17 maintain during the life of this Agreement such public liability
18 and property damage insurance as shall insure city, its elective
19 and appointive boards, commissions, officers, agents and
20 employees, permittee and its agents performing acts covered by
21 this Agreement from claims for damages for personal injury,
22 including death, as well as from claims for property damage
23 which may arise from Organization's or its agents' operations
24 hereunder, whether such operations be by organization or its
25 agents by anyone directly or indirectly employed by either
26 Organization or its agents, and the amounts of such insurance
27 shall be as follows:
28 (al Public Liability Insurance. In an amount' not less
than $100,000 for injuries, including, but not limited to,
-3-
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
death, to a~one person, and subject ~he same limit for each
1 person, in an amount not less than $100,000 on account of any
2 one occurrence;
3
4
5
6
7
(bl 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.
(cl Workers Compensation. Organization shall provide
workers compensation insurance in the amount required by state
8 law if the funds provided hereunder are to be paid as 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 covenants that it has taken all
actions necessary to make the adherence to the obligations
imposed by
this Agreement a binding
the
obligation of
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:
As to organization:
sturges Foundation
Attn: Norm Baffrey
300 North "0" street
San Bernardino, CA 92418
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
11. 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
-4-
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'"'
AGREEMENT w~ THE STURGES FOUNDATION FOTHE PROMOTION
AND CULTURE '-"ALARY FOR AN ASSISTANT).
OF ARTS
1
2
3 the subject matter hereof. In the event of conflict between the
4 terms, conditions or provisions of this Agreement, and any such
5 document or instrument, the terms and conditions of this
6 Agreement shall prevail.
12. Non-Discrimination.
Organization agrees that for
the term of this Agreement it shall not discriminate in
employment,
recruitment,
hiring,
admission
practices,
advertising or in any other manner on the basis of race, color,
creed, religion, national origin, sex, physical handicap or
marital status.
CITY OF SAN BERNARDINO
w. R. Holcomb, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By:
-5-
-
II
o
AGREEMENT 0
Fine Arts Fundina
1
2 THIS AGREEMENT, made and entered into this day
3 of , 1991, by and between the CITY OF SAN BERNARDINO,
4 a municipal corporation, referred to as "City", and the Sturges
5 Foundation a non-profit organization, referred to as
6 "Organization".
7 The parties agree as follows:
8 1. SalarY.
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1991-92, in order to pay the
11 salary for an assistant to Sturges Center Fine Arts Coordinator
12 to assist with shows, festivals or events or activities
13 sponsored by Organization as set forth in Organization's grant
14 proposal (hereinafter "the proposal") approved by the Fine Arts
15 commission of the city, a copy of which proposal is on file in
16 the Office of Cultural Affairs. The terms of the proposal are
17 incorporated herein by reference and shall govern the uses of
18 the funds provided herein. The financial assistance provided
19 for this Agreement is not to be considered as a continuing
20 obligation of the city beyond the terms of this Agreement.
21 B. The expenditure is for a valid municipal public
22 purpose, to wit: for the promotion of special projects in art
23 appreciation in San Bernardino, as more fully set forth in the
24 proposal submitted by Organization.
25 2. Pavment. upon presentation of a claim to the city
26 Finance Director, City shall pay to Organization from the budget
27 for the 1991-92 fiscal year, the total sum of twenty-two
28 thousand fifty dollars ($22,050), to cover the costs of funding
an assistant to Sturges Fine Arts Coordinator at the Sturges
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
~
Theater.
3. Use of Funds. The funds paid to Organization 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, 1992, 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
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, 1992. 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 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 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 are made with the understanding that the City is not
,
involved in the performance of services or other activities of
Organization. organization and its employees and agents are
-2-
II
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
independent(;tntractors and are not ~10yeeS or agents of the
city in performing said services.
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 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.
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
agents 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.
than $100,000 for injuries, including,
,
In an amount not less
but not limited to,
-3-
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
r--
death, to a~one person, and subject t(;)the same limit for each!
1 person, in an amount not less than $100,000 on account of any
2 one occurrence;
3 (b) Property Damage Insurance. In an amount of not
4 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 hereunder are to be paid as 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 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.
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
300 North "0" street
San Bernardino, CA 92418
As to Organization:
Sturges Foundation
Attn: Norm Baffrey
300 North "0" Street
San Bernardino, CA 92418
11. Entire Aqreement.
This Agreement and any documents
or referred to herein integrate
or instruments attached hereto
all terms and conditions mentioned herein or incidental, hereto,
and supersede all negotiations and prior writing in respect to
-4-
AGREEMENT w~ THE STURGES FOUNDATION <:> THE PROMOTION OF ARTS
AND CULTURE~ALARY FOR AN ASSISTANT).
1
2
3 the subject matter hereof. In the event of conflict between the
4 terms, conditions or provisions of this Agreement, and any such
5 document or instrument, the terms and conditions of this
6 Agreement shall prevail.
7 12. Non-Discrimination. organization agrees that for
8 the term of this Agreement it shall not discriminate in
9 employment,
recruitment,
admission
practices,
hiring,
10 advertising or in any other manner on the basis of race, color,
11 creed, religion, national origin, sex, physical handicap or
12 marital status.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF SAN BERNARDINO
w. R. Holcomb, Mayor
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
I J -:) IL~.~..
By: ~<Y~./ ' _ Pv.....
fJ
-5-