HomeMy WebLinkAbout1988-411
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RESOLUTION
88-411
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING' THE
EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION, A NON-
3 PROFIT ORGANIZATION, IN SAN BERNARDINO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with The Sturges Foundation, a non-profit
9 organization, a copy of which is attached hereto, marked Exhibit
10 "A" and incorporated herein by reference as fully as though set
11 forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
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13 adopted by the Mayor and Common Council of the City of San
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Bernardino, at an adjourned regular
meeting held on the ~~ day
of
October
, 19~, by the following vote, to wit:
AYES:
Council Members Reilly, Flores, Maudsley, Minor
Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada. Miller
~$~
City erk
The foregoing
day of Octoher
resol ution is hereby approved this c:.l:;r'L '-
J4l' 11
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Evlyn W~cox, ayor/
City of San Bernardino
Approved as to form
a~ lega~~)
Ci~rneY
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October 20, 1988
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AGREEMENT
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Fine Arts Funding
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THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 the STURGES FOUNDATION, a non-profit organization, referred to as
6 "Organization".
7 The parties agree as follows:
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1.
Recitals:
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A.
Organization has requested financial assistance
10 from City for the fiscal year 1988-89, 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 Organi z a tion 's grant proposal (hereinafter "the proposal")
14 approved by the Fine Arts Commission of the City, a copy of which
15 proposal is on file in the Office of Cultural Affairs. The terms
16 of the proposal are incorporated herein by reference and shall
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18 assistance provided for in this agreement is made on a one-time
govern the uses of the funds provided herein.
The financial
19 only basis, and receipt of said funds shall not imply a
20 continuing obligation of the City beyond the terms of this
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21 Agreement.
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B.
The expenditure is for a valid municipal public
purpose, to wit:
for the promotion of music appreciation in San
24 Bernardino, as more fully set forth in the proposal submitted by
25 Organization.
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October 20, 1988
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2. Payment: Upon presentation of a claim to the City
2 Finance Director, City shall pay to Organization from the budget
3 for the 1988-89 fiscal year, the total sum of Eighteen Thousand,
4 Nine Hundred and Ten Dollars and Thirty-six Cents, to cover the
5 payroll for Harald Luther as assistant at the sturges Center for
6 the Fine Arts for a period of one year, at such time or times
7 and in such periodic amounts as determined by the City
8 Administrator and Finance Director of the City, consistent with
9 the grant proposal approved by the Fine Arts Commission.
3.
Use of Funds:
The funds paid to Organization
11 shall be used solely for the purposes set forth in Paragraph 1
12 and in strict compliance with the provisions set forth in the
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proposal.
No deviation from the proposal shall be made without
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the express approval of the City of San Bernardino.
Said funds
16 shall be returned to City by Organization.
15 shall be expended by June 30, 1989, and any unexpended funds
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4.
Accounting:
At such time or times as may be
18 requested by the City Administrator or Director of Finance of
19 City, Organization shall submit to the City Administrator, with a
20 copy to the Director of Finance and the San Bernardino Fine Arts
21 Commission, an accounting of the proposed and actual expenditures
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22 of all revenues accruing to the Organization for the fiscal year
ending June 30, 1989.
Financial records shall be maintained in
24 accordance with generally accepted accounting principals by
25 Organization in such manner as to permit City to easily trace the
26 expenditures of the funds. All books and records of Organization
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27 are to be kept open for inspection at any time during the
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October 20, 1988
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1 business day by the City or its officers or agents.
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5.
Hold Harmless:
Organization covenants and agrees
3 to defend, indemnify and save harmless the City and its employees
4 and agents from all liabilities and charges, expenses (including
5 counsel fees), suits or losses however occurring, or damages
6 arising or growing out of the use or receipt of the funds paid
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hereunder and all operations under this agreement.
Payments
8 hereunder are made with the understanding that the City is not
9 involved in the performance of services or other activities or
Organization.
Organization and its employees and agents are
11 independent contractors and are not employees or agents of the
12 City in performing said services.
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Termination:
City shall have the right to
14 terminate this Agreement and any funding remaining unpaid
15 hereunder for any reason by mailing a ten-day written notice to
16 Organization and this agreement shall terminate ten days after
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the mailing of such notice.
In the event this Agreement is
18 terminated for reasons of improper use of funds or use of funds
20 portion of the funds provided by City shall be returned to City.
19 for any purpose other than those authorized, any unexpended
21 In addition, Organization shall reimburse to City any funds
22 expended which were used for any purposes other than those
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23 authorized under this Agreement.
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Assignment:
Organization shall not assign its
25 interest in this Agreement without the prior written approval of
26 City.
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October 20, 1988
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Insurance:
Organization shall take out and maintain
2 during the life of this Agreements such workers' compensation,
3 public liability and property damage insurance as shall insure
4 City, its elective and appointive boards, commissions, officers,
5 agents and employees, Permittee and its agents performing acts
6 covered by this Agreement from claims for damages for personal
7 injury, including death, as well as from claims for property
8 damage which may arise from Organization's or its agents'
9 operations hereunder, whether such operations be by Organization
10 or its agents or by anyone directly or indirectly employed by
11 either Organization or its agents, and the amounts of such
12 insurance shall be as follows:
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( a )
Public Liability Insurance.
In an amount not
14 less than $100,000 for injuries, including, but not limited to,
15 death, to anyone person and, subject to the same limit for each
16 person, in an amount not less than $100,000 on account of any
17 one occurrence;
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(b)
Property Damage Insurance.
In an amount of not
19 less than $50,000 for damage to the property of each person on
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20 account of anyone occurrence.
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(c) Workers' Compensation. statutory minimum.
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Entire Agreement:
This Agreement and any
23 documents or instruments attached hereto or referred to herein
24 integrate all terms and conditions mentioned herein or incidental
25 hereto, and supersede all negotiations and prior writing in
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respect to the subject matter hereof.
In the event of conflict
27 between the terms, conditions or provisions of this Agreement,
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October 20, 1988
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1 and any such document or instrument, the terms and conditions of
2 this Agreement shall prevail.
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10.
Notices:
All notices herein required shall be
4 in writing and delivered in person or sent by certified mail,
5 postage prepaid, addressed as follows:
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AS TO THE CITY:
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City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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13 BY:
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15 ATTEST:
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/ City Clerk
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18 Approved as to form and
legal content:
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JFW:ss
October 20, 1988
AS TO ORGANIZATION:
Sturges Foundation
300 North "D" Street
San Bernardino, CA 92418
Attn: Norman W. Baffrey
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San nemudino City
Pihe Arts Commission
ORGANIZA nON GRANT APPLICA nON FORM
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I. Applicant Organization ame, address, et
D. Contact PerlOn No rmrln ~ B a ffrey
Title Fine Arts Coord ~ 384-5A15
Sturges Foundation
300 No. D. Street
San Bernardino, Ca. 92418
~ Prolfam ~te&ory Under Which Support
IS Requesteda , p ~ r; ::l 1 P V' () j ~ r t ,
~iod of Support 4equested
Phone 384 - 5114
CA State Non-Profit 10' 2370 1- D
Number of Years in Existence
~&:tlnJ. 1 q88thn1 ~~~t 31. 1989
v. Summary of Project DescriptioN The operation of Sturges Center for the Fine Arts
i6 a multi-faceted project. The Sturges Foundation oversees restoration and
project completion; the Parks, Recreation & Community Services Department is
responsible for administration and landscaping; Public Buildings (See attcmt.)
VI. Estimated number of persons expected to benefit from this prosram/projecu 60 II 000 per ann u m
a) Nwnber of persons by paid attendance: 50 't 000
b) Number of pel'SGnS by free or complimentary admissiON 1011 00 ()
YD. Needsta'tement: Obviously, one man can'not operate the facility alone; it is
often a 16 to 18 hour day, with much demand on weekends. Contr'ol, set-up and
break-down of equipment, supervision in absence of Fine Arts Coordinator,
trouble shooting, part-time receptionist and general handyman activities are
all extremel v necessarv for practi cal operati on. Haral d Luther was (See attcmt.
VUI.lntendedResults: Efficient operation of Sturges Center is providing the City
of San Bernardino and its environs with an exciting, first class center of
artistic endeavor, proving local art groups with a full, professional stage
and other rooms at most reasonable prices. Out of town groups are also using
the facility and intend to return. Harald Luther has been active (See attcmt.)
IX. Summary of Estimated Costs: TOTAL COSTS OF PROJECT
A. Direct Costs
Salaries and wages
Supplies ct Ma ter ia.ls
Travel
Fixed Assets/Rentals or 'Leases 1 i gh tin g, so un d, s cen e
Fees and Other s hop, i 11 u m . s i g n
TOTAL DIRECT COSTS
B. Indirect CosU
TOT AL PROJECT COSTS
X. Or ganiza tion an ticipa ted funding/expenses:
A. Expenses
B. Revenues, Grants, Contributions, etc.
Actual Most Recent
Fiscal Period
$ 25,000
$ 34,033
Estima ted This
Fiscal Per iO<i
$ 81..000
$ 89..000
XI. T ota! amoWlt requested from San Bernardino City Fine Arts Commission
NOTE: AmoWtt Requested $ 18 , 9 1 0 . 36
P Ius total revenues, $ 89 , 0 0 0 . 00
granu, contributions, etc.
Must equal total project $ 107, 9 10 . 36
cosu above
U'J---Yi tie Fin eAr t s Co 0 r din a tor
Date Julv 6. 1988
XD. CERTIFICATION:' 144".~
Project Officer No rma n W.
Phone Nwnber 384 - 5415
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ATTACHMENT TO ORGANIZATION GRANT APPLICATION FORM
V. Summary of Project Description (Cont.)
handles maintenance and minimal custodial duties. Two additional
organizations - San Bernardino Art Association and San Bernardino
Community Concert Association - occupy space in th~ building.
Only one full-time administrator is assigned responsibility for
the entire complex of auditorium, office, conference room, music
room, dance studio, gazebo and grounds. No secretarial, recep-
tionist, technical or other assistance is provided.
From June, 1987 to the present, over 18,000 persons have
passed through the facility, with an average of 1,435 per month. ~
One month had an attenddance of over 5,000 persons. Fees and
rentals have generated over $15,000 in revenue for the City.
Many organizations have already had their second production in
the facility and are planning at least annual use. Many groups
rehearse on a regular basis. Its popularity is steadily increasing.
VII. Need Statement (Cont.)
originally employed by the Sturges Foundation for 2.5 years at a
nominal salary, plus many donated hours, to help create this faci-
lity. Last year, he was funded by the Fine Arts Commission. He
has demonstrated aptitude, talent and dedicated application in all
areas and is familiar with more areas of concern than anyone else
in town. He possesses invaluable skills and knowledge most needed
for the operation and has become the right hand of the Fine Arts
Coordinator.
VIII. in assisting most of these groups and they continue to praise his
efforts and attitude. He is one of the finest subordinates I have
ever had the pleasure to supervise.
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STURGES AUDITORIUM USE
1987
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California Conservation Corps. 10th Anniversary
Grand Opening of S.B. Art Gallery
Sturges Preview
Big County Chordsmen production
Delmann Heights filming
JAHleans Productions show
KVCR-TV filming of Metropolitan Opera interview
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City Fair Meeting
Teen Theater (Parks & Reel
CAP Art Auction
Ball et Fol klori co Cul tural producti on
Metropolitan Opera Auditions
Junior University Christmas Carol
Lights Around the World production
Canto Bello Chorale production
faye Coates Recital
1988
18 events in 9 months
.5 per week
CAP auditions
Sturges Theater Group Cattle Call
Naturalization Ceremony - Superior Court
Grand Motbrs production (Philippine musical)
Vera Lynn Dance production
S.B. Boys Club production HCrack Downll
CAP - ~City Dancin'" last rehearsal
Inland Empire Symphony Art Auction
City Council Meeting
Harlem Boys Choir production
Harvard Glee Club production
Sturges Theater Group -ltStage Struck" production
Naturalization Ceremony #2 - Superior Court
Community Centers staff meeting
Fashion Show (Parks and Rec.)
Sturges Theater Group - ItStage Struck"
S.B. Community Concert Band production
Big County Chordsmen production #2
Inland Entertainers Fashion Show
S.B. Childrens' Chorus production
Canto Bello Chorale production #2
Japanese Delegation production & reception
Looking Glass Studio production
Tiny Tots Graduation
Inland Master Chorale production
Inservice Meeting - Parks & Rec.
Inservice Meeting - Parks & Rec.
Joy of Dance production
32 events in 6 months
1.33 per week