HomeMy WebLinkAboutS2- City Administrator MY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson Subject: Agreement with Sturges Foundation for
civic and promotion funding for FY97/98
Dept: City Administrator
Date: November 13, 1997
Synopsis of Previous Council Action:
11/12/97 — Ways and Means Committee recommended approval of $12,500 in FY 97/98 civic & promotion
funding.
Recommended Motion:
1. That an expenditure of$12,500 in FY 97/98 civic and promotion funds be approved to assist the Sturges
Foundation with their 1997/98 operating expenses including performances of the Children's Theatre as
recommended by the Ways and Means Committee.
2. Adopt resolution.
Signature
Contact person: Fred Wilson Phone 5122
Supporting data attached.--Yes Ward: 1
FUNDING REQ : Amount: $12,500
Source:(Acct No.) 001-091-5186
(Acct Description) FY97/98 Civic & Promotion Fund
Finance:
Council Notes:
// /71 7
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CI'T'Y OF SAN BERNARDINO - REQUEST FOR COUNCIL. ACTION
STAFF REPORT
At their November 12, 1997 meeting, the Council Ways and Means Committee
recommended approval of $12,500 in civic and promotion funding to the Sturges
Foundation to assist with their organization's operating expenses for the next year
including performances of the Children's Theatre. Attached is the Funding Request
submitted by the organization to the Committee which outlines their plans for the
funding appropriation as well as a history of their goals and accomplishments.
Staff recommends adoption of the attached resolution and agreement.
1
2 RESOLUTION NO.
3 EXECUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
TION OF AN AGREEMENT WITH STURGES FOUNDATION RELATING TO
FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL
4
YEAR 1997/98 .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City an
9 agreement with Sturges Foundation relating to financial assistance
10 from the civic and promotion fund for FY 1997/98, a copy of which
11 is attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13
14 SECTION 2 . The authorization to execute the above referenced
15 agreement is rescinded if the parties to the agreement fail to
16 execute it within sixty (60) days of the passage of this
17 resolution.
18
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a meeting thereof, held on the day
22 of 1997., by the following vote, to wit :
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RESOLUTION AUTHORIZING AGREEMENT WITH STURGES FOUNDATION FOR
CIVIC AND PROMOTION FUNDING FOR FY97/98
1
2
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4 Councilmembers AYES NAYS ABSTAIN ABSENT
5 NEGRETE
6 CURLIN
7 ARIAS
8 OBERHELMAN
9 DEVLIN
10 ANDERSON
11 MILLER
12
13 City Clerk
14
15 The foregoing resolution is hereby approved this day of
1997
16
17 Tom Minor, Mayor
City of San Bernardino
18 Approved as to form
19 and legal content :
2O JAMES F. PENMAN
City A orney
21 By:
22a'
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1
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A G R E E M E N T
3
Civic and Promotional
4
5 THIS AGREEMENT is entered into between the CITY OF SAN
6 BERNARDINO, a municipal corporation, referred to as "City" and
7 STURGES FOUNDATION, a non-profit organization, referred to as
8 "Organization. "
9 The parties agree to as follows :
10 1 . Recitals .
11 A. Organization has requested financial assistance from
12 City for the fiscal year 1997-98, in order to assist in defraying
13 the expenses connected with their 1997/98 operating budget
14 including performances of a Children' s Musical Theatre, as outlined
15 in their Request for Funding to the Mayor and Common Council, a
16 copy of which is attached hereto marked Exhibit "A" . The terms of
17 the request are incorporated herein by reference and shall govern
18 the uses of the funds provided herein. The financial assistance
19 provided for in this agreement is made on a one-time basis, and
20 receipt of said funds shall not imply a continuing obligation of
21 the City beyond the terms of this Agreement .
{
22 B. The expenditure is for a valid municipal public
23 purpose, to wit : fox the operation of a Children' s Musical
24 Theatre .
A
25 2 . Payment . Upon presentation of a claim to the City
26 Finance Director, City shall pay to Organization from the civic and
27 promotion fund budget for the 1997-98 fiscal year, the total sum of
28
1 TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12 , 500) .
2 3 . Use of Funds . The funds paid to Organization shall be
3 used solely for the purposes set forth in Paragraph 1 above . No
4 deviation from these provisions shall be made without the express
5 approval of the City of San Bernardino. Any unexpended funds shall
6 be returned to the City by Organization.
7 4 . Accountability. Financial records shall be maintained in
8 accordance with generally accepted accounting principles by
9 Organization in such manner as to permit City to easily trace the
10 expenditure of the funds . All books and records of Organization
11 are to be kept open for inspection at any time during the business
12 day by the City or its officers or agents . Failure to submit the
13 financial records in accordance with this section will result in
14 the Organization reimbursing the City in the full amount received
15 by Organization. At the conclusion of the program, Organization
16 shall present the City Administrator or her designee copies of all
17 receipts for expenditures connected with said program in the total
18 amount of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12 , 500) .
19 5 . Hold Harmless . Organization covenants and agrees to
20 defend, indemnify, and hold harmless the City and its employees and
21 agents from all liabilities and charges, expenses (including
22 counsel fees) , suits, or losses however occurring, or damages
23 arising or growing out of the use or receipt of the funds paid
24 hereunder and all operations under this agreement . Payments
25 hereunder are made with the understanding that the City is not
26 involved in the performance of services or other activities of
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1 Organization.
2 6 . Insurance . Organization shall take out and maintain
3 during the life of this Agreement such public liability and
4 property damage insurance as shall insure City, its elective and
5 appointive boards, commissions, officers, agents and employees,
6 organization and its agents performing acts covered by this
7 Agreement from claims for damages for personal injury, including
8 death, as well as from claims for property damage which may arise
9 from Organization' s or its agents' operations hereunder, whether
10 such operations be by Organization or its agents or by anyone
11 directly or indirectly employed by either Organization or its
12 agents, and the amounts of such insurance shall be as follows :
13 (a) Public Liability Insurance . In an amount not less than
14 $1, 000, 000 for injuries, including, but not limited to, death, to
15 any one person, in an amount not less than $100, 000 on account of
16 any one occurrence;
17 (b) Property Damage Insurance . In an amount of not less than
18 $50, 000 for damage to the property of each person on account of any
19 one occurrence.
20 (c) Workers Compensation. Organization shall provide workers
21 compensation insurance in the amount required by state law if the
22 funds provided hereunder are to be paid as salary to any employee
23 of organization. Organization shall require that all rights of
24 subrogation under such policy of workers compensation insurance
25 shall be waived as to City. City shall be set forth as an
26 additional named insurance in each policy of insurance provided
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1 hereunder.
2 (d) The Certificate of Insurance furnished to the City shall
3 require the insurer to notify the City of any change or termination
4 in the policy.
5 7 . Termination. City shall have the right to terminate this
6 agreement and any funding remaining unpaid hereunder for any reason
7 by mailing a ten-day written notice to Organization and this
8 agreement shall terminate ten days after the mailing of such
9 notice . In the event this agreement is terminated for reasons of
10 improper use of funds or use of funds for any purpose other than
11 those authorized, any unexpended portion of the funds provided by
12 City shall be returned to City. In addition, Organization shall
13 reimburse to City any funds expended which were used for any
14 purpose other than those authorized under this agreement .
15 8 . Authorization to Execute . Organization hereby covenants
16 that it has taken all actions necessary to make the adherence to
17 the obligations imposed by this agreement a binding obligation of
18 the organization.
19 9 . Notices . All notices herein required shall be in
20 writing and delivered in person or sent by certified mail, postage
21 prepaid, addressed as follows :
22 As to City: As to Organization:
23 City of San Bernardino Sturges Foundation
24 300 North "D" Street P.O. Box 1303
San Bernardino, CA 92418 San Bernardino, CA 92402
25 Attn: City Administrator Attn: Charles Bradley
General Manager
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AGREEMENT FOR CIVIC AND PROMOTION FUNDING FOR STURGES FOUNDATION
FOR FY 97/98 .
1
2 10 . Entire Agreement . This agreement and any documents or
3 instruments attached hereto or referred to herein integrate all
4 terms and conditions mentioned herein or incidental hereto, and
5 supersede all negotiations and prior writing in respect to the
6 subject matter hereof . In the event of conflict between the terms,
7 conditions or provisions of this Agreement, and any such document
8 or instrument, the terms and conditions of this Agreement shall
9 prevail .
10 In witness whereof, the parties hereto have executed this
11 agreement on the day and date first above shown.
12
13 CITY OF SAN BERNARDINO
14 BY:
15 Tom Minor, Mayor
16 STURGES FOUNDATION
17
18 Charles Bradley, General Manager
19 ATTEST:
20
21 BY:
City Clerk
22
23 Approved as to form
and legal content :
s
24 t
James F. Penman,
25 City Attorney
26
by.
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EXHIBIT A
CITY OF SAN BERNARDINO-CIVIC AND PROMOTION FUND
REQUEST FOR FUNDING ASSISTANCE
1. Organization(Name,Address,etc.) Date Submitted Augnct 61997
Sturges Center for the Fine Arts 2. Contact Person Charles Brarllay
Post office Box 1303 Title aPneral M--?nagPr —
San Bernardino, CA 92402 Phone 909-384-5415
3. Phone 909-384-5415 4. Period of Support Requested or Date of Event
Number of Years in Existence 10 year Sept. 1997 - May 1998
5. Taxpayer Identification Number
6. Activity for which funding is requested: Children's Musical Theater Workshops and Performanc
Proposal to establish a Children's Musical Theater for community children
to teach acting, singing, choreography and all aspects regarding theater
to culminate with three performance of plays
7. Estimated number of persons expected to attend this program/project -2.41erform'gnr-ac each piny
8. Proposed Budget: Budget Actual Budget Actual Budget Actual
Personnel: 016 Facility Rental 6,000--- 023 Trophies
017 Insurance 1,_0_0.0 024 Scholarships
01 Fulltime Salaries 018 Decorations 025 Celebrity Expenses
02 Parttime Salaries F_n_n t 019 Utilities: _ Accommodations _
03 Overtime Gas Lodging
04 Electrical Other
05 _ Phone
Other 026 Miscellaneous Expenses:
Expenses:
Sub-TotaG.8 2 5 0 _
010 Office Supplies 1,5 10 _ 020 Special Equipment
011 Postage 1,000
catc/r nctnma
012 Printing 2 --
013 Equipment Rental
014 Security 021 Advertising 500 --
015 Food/ 022 Promotion T
Refreshments Expenses GRAND TOTAL
9. List Anticipated Funding/Revenue(Sources other than City)
Source Amount
Ticket Sales (6 performancesx700 seats @ $5 $21,000
Program Advertsing _1,500
Donations/equipment 750
TOTAL _$23,250
10.Anticipated revenue from activity $23,250
11.Total Amount Requested from City: Sent to Ways&Means Date:
A. Total Proposed Budget Amount $43,250.00 Action:
B. Lgs.;=:Other Funding Sources 23,250 00 Sent to Mayor&Council Date:
C. Total Amount Requested from City 20,000.00 000.00 Action:
12.Describe any additional assistance being requested from the city: (Personnel,equipment,park area, Estimated Costs
building,etc.) (To be completed by City)
A.
C.
B.
13. n re of plicant Date: Q� n
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NOTE:Please be prepared to submit an audit of y financial activities,In the ev nt such Information is deemed necessary.
Attach sketch and other supporting information,ifappropriate. i
DISTRIBUTION. WHITE—CITY ADMINISTRATOR GREEN—FINANCE CANARY—APPLICANT OTHFRDEPTS.. '
1. Sturges Center for the Fine Arts was established with multiple goals:
1. To save a historic building located int he heart of downtown San
Bernardino.
2. To provide a performance site at low cost for many struggling non-profit
organizations in the city. Particular emphasis is placed on organizations
which work with children, but is open to anyone.
3. To enhance the cultural atmosphere of San Bernardino, with particular
emphasis on the downtown area. Providing a local outlet for the budding
young talent in our community and fostering thier growth by them not
having to struggle so hard to raise the funds necessary for a performace
site to showcase their talent.
2. Sturges Center receives a great deal a assistance from the San Bernardino City Unified
School District. They pay the major utility bills, provide landscaping services, provide
indoor custodian and also provide miscellaneous materials for painting etc. Although it
is very hard to accurately calculate the districts total assistance, based on the costs for
these services in the community, the total package is considerable more than $50,000 per
year.
3. Sturges Center has increased it's marketing presence in the greater performance arena,
throughout the country. We currently, in concert with the school district, book in
travelling companies from Connecticut, New York, Orgeon, Northern California, Los
Angeles Music Center. This provides also an opportunity for groups and individuals from
throughout the country to see and experience San Bernardino community.
4. The Sturges Foundation is made up of volunteers from throughout the community. These
men and women work at furthering the cause and image of the center wherever they go.
They are dedicated to keeping the center open and available to the public and to
furthering the cultural life of the greater San Bernardino Community.
5. The staff of Sturges Center is working at minimum wage. The full time staff is paid a
small percentage of what they could make in other venues, yet choose to stay here in San
Bernardino to face the challenges of this community and it's cultural needs.
6. Production costs pay for the part time staff of sound and lighting technicians, stage and
house managers as well as on-site managers. We cannot raise those costs, because in
doing so, we lose organizations which depend on our low charges to give them a
performance venue.
7. Sturges Center is an old, yet historically significant building which require continual
upkeep. And, because of it's constant use, we must maintain the building in a good state
of repair and upkeep. We recently spent $3,000 to clean the gutters, which were filled
with pigeon droppings, dead birds, feathers, etc. While we were at it we also cleaned,
repaired and painted those gutters. This was not an easy task, our staff spent over a week
working on the gutters. This is a task which must be accomplished due to health and
safely reasons as well as the asthetic of the building.
8. In previous years we have requested funding from the city as well as the Redevelopement
Agency. We have not requested funding from the RDA this year in keeping with our
committment, to increase private funding levels.
9. Private funding, corporate and foundation grants have been hard to come by. Many
applications have been made and there is great hope that this year we will be able to
break through and receive some funding. We have adjusted out request and application
proceedures and are preparing a new round of applications.
10. Each year our costs have risen, yet our support levels have remained constant. I believe
city government has an obligation to support and nurture the arts and cultural
developement in it's own community. We ask only for a small amount to allow us to
continue with our mission in the San Bernardino community.
STURGES CENTER FOR THE FINE ARTS
BUDGET FOR 1997/98 (Revised)
SALARIES:
Fulltime employees 54,000.00
Parttime employees 200.004o�
,00 ip-����
Fees & Benefits 7,000.00
TOTAL 81 ,000.00
SUPPLIES:
Office Supplies 6,000.00
Stage supplies 10,000.00
TOTAL 16,000.00
UTILITIES:
Electrical 24,000.00
Water, Sewer 6,000.00
Telephone 1,800.00
Security 1 ,000.00
TOTAL 32,800.00
OTHER:
Landscaping/Grounds 12,000.00
Housekeeping/Indoor 121000.00
Miscellaneous 5,000.00
TOTAL 29,000.00
TOTAL EXPENSES 158,800.00
ANTICIPATED INCOME:
Tenent Users 12,000.00
Building Users 47,000.00
SB Unified School Dist. 59,000.00
Fundraisers, etc. 26,000.00
TOTAL 144,000.00
TOTAL. REQUEST: $14,000.00