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HomeMy WebLinkAbout18-Mayor's Office - - . 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 ~~ f0~ 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.. 1% . 1 2 3 4 5 o o 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. 10 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 The authorization to execute the above- 11 referenced agreement is rescinded if the parties to the 12 agreement fail to execute it within sixth (60) days of the 13 passage of this resoluti.on. 14 ,. I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 17 18 to. wit: 19 20 21 22 23 24 25 26 27 28 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) .t ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I 16 I 17 I 18 I' 19 " !: I' :i 'i 20 I, I! 21 'I 'I 22 I i 23 24 25 26 27 28 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 II II II II II II II II II II II II II II II II II II II II II II II II II II (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 o o 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 14~ . 1 2 3 4 5 6 7 8 9 10 11 12 } o o 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 13 I a copy to the Director of Finance and the San Bernardino Fine 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ 28 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) ~ 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 , o o 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 (3) . 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 o o 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 i Liability . i 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 ., . 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) i 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 i 27 1 I J I 28 i ! 1 ! I' o 300 North "0" street San Bernardino, CA 92418 11. Entire Aareement. o 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 ~ (5) CITY OF SAN BERNARDINO w. R. "Bob" Holcomb, Mayor Organization