HomeMy WebLinkAbout17 City AdministratorCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Dept: Administrator's Office
Date: October 8, 1998
Synopsis of Previous Council Action:
Subject: Request for Civic and Promotion
funding - Sturges Center for the
Fine Arts.
10/7/98 -- Ways and Means Committee recommended approval.
Recommended Motion:
Adopt Resolution.
Contact person:_ Fred Wilson Phone 5122
Supporting data attached:
Yes
Ward:— 1
FUNDING REQ! S: Amount: $9,000
Source:(Acct. No.) 001 - 092 -5186
ORIGINAL
Signature 1—// .
(Acct Description) Civic and Promotion Fund
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Request from the Sturges Center for the Fine Arts for Civic and Promotion
Funding.
BACKGROUND: The Sturges Center for the Fine Arts submitted a Request for
Funding Assistance in the amount of $13,000 (direct funding) from the City Civic and
Promotion Fund. The funding assistance requested was for general /salary support for full
time staff.
FINANCIAL IMPACT: The request was heard by the Ways and Means Committee on
October 7, 1998. The Committee recommended approval of a $9,000 grant from the Civic
and Promotion Fund. If approved by the Mayor and Common Council, there will be a
$4,753 balance remaining in the account to fund any other requests for the 98/99 Fiscal
Year. Attached spread sheet (see Attachment 1) shows previous allocations of Civic and
Promotion funding for Fiscal Years 97/98 and 98/99.
RECOMMENDATION: It is the recommendation of the Ways and Means Committee
that the Sturges Center for the Fine Arts be granted $9,000 from the Civic and
Promotion Fund to assist with general /salary support for full time staff.
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GOPT
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 1998/99.
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
financial assistance from the Civic and Promotion Fund for FY
1998/99, 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 referenced
agreement is rescinded if the parties to the agreement fail to
execute it within sixty (60) days of the passage of this
resolution.
i//
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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 1998/99.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the day
of , 1998, by the following vote, to wit:
Councilmembers
ESTRADA
LIEN
ARIAS
SCHNETZ
D�EVLIN
ANDERSON
MILLER
AYES NAYS ABSTAIN
City Cler
The foregoing resolution is hereby approved this
. 1998
Approved as to form
and legal content:
JAME
City
By:
ABSENT
Judith Valles, Mayor
City of San Bernardino
day of
A G R E E M E N T
Civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
STURGES CENTER FOR THE 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 1998 -99, in order to assist in defraying
the expenses connected with general /salary support for full time
staff, as outlined in their Request for Funding to the Mayor and
Common Council, a copy of which is attached hereto marked Exhibit
"B ". The terms of the request 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 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: the general /salary support for full time staff.
2. Payment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the civic and
promotion fund budget for the 1998 -99 fiscal year, the total sum of
NINE THOUSAND DOLLARS ($9,000)
Exhibit "A"
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. Accountability. Financial records shall be maintained in
accordance with generally accepted accounting principles by
Organization in such manner as to permit 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 his /her designee copies of
all receipts for expenditures connected with said program in the
total amount of NINE THOUSAND DOLLARS ($9,000.00).
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.
2
one 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 insurance in each policy of insurance provided
hereunder.
3
6. 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,
organization 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 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 Liability Insurance. In an amount not less than
$1,000,000 for injuries, including, but not limited to, death, to
any one person, in an amount not less than $100,000 on account of
any one 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 any
one 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 insurance in each policy of insurance provided
hereunder.
3
(d) The Certificate of Insurance furnished to the City shall
require the insurer to notify the City of any change or termination
in the policy.
7. 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.
8. Authorization to Execute. 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.
9. 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 Sturges Center for the Fine Arts
300 North "D" Street P.O. Box 1303
San Bernardino, CA 92418 San Bernardino, CA 92402
Attn: City Administrator Attn: Charles Bradley, General
Manager
10. Entire Agreement. This agreement and any documents or
instruments attached hereto or referred to herein integrate all
4
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.
In witness whereof, the parties hereto have executed this
agreement on the day and date first above shown.
ATTEST:
BY:
City Clerk
Approved as to form
and legal content:
Jam
Cit
by :.
CITY OF SAN BERNARDINO
BY:
Judith Valles, Mayor
STURGES CENTER FOR THE FINE ARTS
Charles Bradley, General Manager
5
n
REQUEST FOR FUNDING ASSISTANCE
1. Organization (Name, Address, etc.)
Sturges Center for the Fine Arts_
P.O. Box 1303
Sari Bernardino, CA. 92402
3. Phone (909) 384 -5415
Number of Years in Existence 12 years
Date Submitted 9-28-98
2. Contact Person Charles Bradley
Title General Manager
Phone (909) 384 -5415
4. Period of Support Requested or Date of Event
October 98- June 99
5. Taxpayer Identification Number
6. Activity for which funding isrequested: General/ salary support for full time staff
7. Estimated number of persons expected to attend this program /project
8. Proposed Budget: Budget
Personnel:
Actual
Budget
016 Facility Rental
017 Insurance
Actual
_
Budget
023 Trophies
024 Scholarships
Actual
01 IFulhime Salaries51,000
018 Decorations
025 Celebrity Expenses
02 IParttime Salaries 3,00
019 Utilities:
Accommodations
03 Overtime
04 Psyrol l Process 3,
00
Gas
Electrical
Lodging
Other
05
Expenses:
Phone
Other -
Sub -Total 84 , 30
026 Miscellaneous Exe rises,
Stage Sup lies //,
010 Office Supplies 6,800
020 Special Equipment
011 Postage
Ott Printing
013 Equipment Rental
021 Advertising
014 Security
—
015 Food/
022 Promotion
GRAND TOTAL 91 70
Refreshments
Expenses
9. List Anticipated Funding /Revenue (Sources other than City)
Source
Building use fees (Rentals)
Tenant Rents
Foundation / Private Grants
TOTAL
10. Anticipated revenue from activity
Amount
48,700.00
8,000.00
22,000.00
78,700.00
11.TotaI Amount Requested from City: Sent to Ways 8 Means Date:
A. Total Proposed Budget Amount 91,700.00 Action:
B. LM: Other Funding Sources 78, 700.00 Sent to Mayor & Council Date:
C. Total Amount Requested from City 13,000.00 Action:
12. Describe any additional assistance being requested from the city: (Personnel, equipment, park area,
building, etc.)
A.
B.
C.
Estimated Costs
(To be completed by City)
13. Si na re of applicant: Date:
�1 Exhibit "B��
dnrF- Ploasa be oreoared to submit an audit o6iolur financial activities, In the event such Information Is deemed necessary.
Attach sketch and other supporting Information, if appropriate.
DISTRIBUTION WHITE -CITY ADMINISTRATOR GREEN - FINANCE CANARY - APPLICANT OTHER DEPTS.:.
• CITY OF SAN BERNARDINO - CIVIC AND PROMOTION FUND
REQUEST FOR FUNDING ASSISTAN %Cf'E
1. Organization (Name, Address, etc.)
Sturges Center for the Fine Arts
P.O. Box 1303
San Bernardino, CA. 92402
3. Phone (909) 384 -5415
Number of Years in Existence 12 years
Date Submitted 9-28-98
2. Contact Person Charles Bradley
Title General Manager
Phone (909) 384 -5415
4. Period of Support Requested or Date of Event
October 98- June 99
5. Taxpayer Identification Number
6. Activity for which funding is requested: General/ salary support for full time staff
7. Estimated number of persons expected to attend this program /project
8. Proposed Budget: Budget
Actual
Budget
Actual
Budget
Actual
Personnel:
016 Facility Rental
023 Trophies
01 Fulltime Salaries5l , 000
02 Parttime Salaries 23 , 00
017 Insurance
018 Decorations
019 Utilities:
024 Scholarships
025 Celebrity Expenses
Accommodations
03 Overtime
04 Payrol 1 PY-ocess 3,500
Gas
Electrical
Lodging
Other
05 _
Expenses:
Phone
Other
Sub -Total 84,30
026 Miscellaneous Expenses:
Stage Supplies 7,400
010 Office Supplies 69800
020 Special Equipment
011 Postage
012 Printing
_
013 Equipment Rental
014 Security
021 Advertising
—
015 Food/
Refreshments
022 Promotion
Expenses
GRAND TOTAL 91, 70
9. List Anticipated Funding /Revenue (Sources other than City)
Source
Building use fees (Rentals)
Tenant Rents
Foundation ,/ Private Grants
10. Anticipated revenue from activity
11. Total Amount Requested from City:
A. Total Proposed Budget Amount 91, 700.00
B. Less: Other Funding Sources 78,700.00
C. Total Amount Requested from City 13,000.00
Amount
48,700.00
8,000.00
22,000.00
TOTAL 78,700.00
Sent to Ways & Means Date:
Action:
Sent to Mayor & Council Date:
Action:
12. Describe any additional assistance being requested from the city: (Personnel, equipment, park area,
building, etc.)
A.
9
C.
Estimated Costs
(To be completed by City)
13. Si na re of applicant: ,, Date:
4 �
Xt i 0 7
Exhibit
��rc. n�....,... � .................,1 s.. n.•1,..,:* �n --.afi I in tha avant arrrrh infnrmatinn is ifaamari nacacaary
C I T Y O F
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
October 21, 1998
Charles Bradley
Sturges Center for the Fine Arts
P. O. Box 1303
San Bernardino, CA 92402
Dear Mr. Bradley:
At the Mayor and Common Council meeting of October 19, 1998, the City of San
Bernardino adopted Resolution 98 -303.
Enclosed is an original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box 1318,
San Bernardino, CA, 92418 as soon as possible.
Please be advised that said resolution will be null and void if it is not executed within
sixty (60) days — December 18, 1998.
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Rachel Clark
City Clerk
By: Melanie Miller, Senior Secretary
RC : mam
Enclosures
P. 0. B O X 1 3 1 8, S A N 8 E R N A R D f N 0, C A 8 2 4 0 2
3 0 0 N O R T H 0 S T R E E T S A N 8 E R N A R 0 I N 0.
C A L I F 0 R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4- S 0 0 2
( 9 0 9) 3 8 4- S 1 0 2 F A X -( 8 0 8) 3 8 4. 5 1 S 8
T D D/ T T Y - (9 0 9) 3 8 4. 5 S 4 0
98 -303
A G R E E M E N T
Civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
STURGES CENTER FOR THE 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 1998 -99, in order to assist in defraying
the expenses connected with general /salary support for full time
staff, as outlined in their Request for Funding to the Mayor and
Common Council, a copy of which is attached hereto marked Exhibit
"B ". The terms of the request 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 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: the general /salary support for full time staff.
2. Payment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the civic and
promotion fund budget for the 1998 -99 fiscal year, the total sum of
NINE THOUSAND DOLLARS ($9,000)
Exhibit "A"
98 =303
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. Accountability. Financial records shall be maintained in
accordance with generally accepted accounting principles by
Organization in such manner as to permit 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 his /her designee copies of
all receipts for expenditures connected with said program in the
total amount of NINE THOUSAND DOLLARS ($9,000.00).
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.
2
98 -303 '
6. 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,
organization 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 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 Liability Insurance. In an amount not less than
$1,000,000 for injuries, including, but not limited to, death, to
any one person, in an amount not less than $100,000 on account of
any one 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 any
one 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 insurance in each policy of insurance provided
hereunder.
3
98 -303
(d) The Certificate of Insurance furnished to the City shall
require the insurer to notify the City of any change or termination
in the policy.
7. 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.
8. Authorization to Execute. 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.
9. 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 of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Administrator
As to Organization:
Sturges Center for the Fine Arts
P.O. Box 1303
San Bernardino, CA 92402
Attn: Charles Bradley, General
Manager
10. Entire Agreement. This agreement and any documents or
instruments attached hereto or referred to herein integrate all
W
98 -303
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.
In witness whereof, the parties hereto have executed this
agreement on the day and date first above shown.
ATTEST:
BY: (2�
Ci Clerk
Approved as to form
and legal content:
Jar
Cit
by
CITY OF SA.W\ BERNARDINO
BY:
Judi
les, Mayor
STURGES-"CF&XTER FOR THE FINE ARTS
Charles Bradley, General Manager
60