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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-