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. CITY OF SAN SERfORDINO - REQUEST 0. COUNCIL ACTION
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From: Thelma ~ress, Liaison, t1ayor
and Counci 1 -
Dept:
Date: 9/13/89
Subject: Recolllllendation by Fine Arts COlllllission
Grant to the Sturges Foundation - $20,000
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
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S ignatu re
Contact person: Thelma Press
Supporting data attached: Yes
FUNDING REQUIREMENTS:
Phone: ext. 5114
Ward:
Amount: $20.000
Source: (Acct, No,)
D " ) Arts
(Acct, eSCrlotlon
Od/-df//- ~6~
Fundi nq
Finance:
Vy~
(';~ ~,t...,
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Council Notes:
75.0262
Agenda Item No. ~ <; Jj
. CITY OF SAN SERIO.RDINO - RI!QUEST PH. COUNCIL ACTION
STAFF REPORT
Since the position of assistant at the sturges
center for the Fine Arts was not funded
through the parks, Recreation, and community
Services Department budget for 1989-90,
request was made for the Fine Arts Commission
to fund this position for the third year.
Norman Baffery, coordinator for the Center for
the Fine Arts, is unable to run the center by
himself because the usage is increasing
constantly.
The grant request in the amount of $20,000 was
approved by the Fine Arts Commission at their
meeting on September 8, 1989.
15-0264
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING'THE EXECUTION OF AN AGREEMENT WITH THE
STURGES FOUNDATION FOR THE PROMOTION OF ARTS AND
CULTURE.
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.
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
day of
thereof, held on the
1989, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
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city Clerk
The foregoing resolution is hereby approved this
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day of
1989.
Resolution for ~sturges Foundation
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APpr~~ and
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ci ttor
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W. R. Holcomb, Mayor
city of San Bernardino
legal content:
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AGREEMENT
Fine Arts Fundinq
THIS A~EMENT 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. Recitals.
A. organization has requested financial
assistance from City for the fiscal year 1988-89, in
order to assist in defraying the expense of certain
concerts, shows, festivals or events or activities
sponsored by organization as set forth in Organi-
zation'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 munici-
pal 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
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Sturges FoundC:;On Agreement
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the City Finance Director, City shall pay to organiza-
tion from the budget for the 1989-90 fiscal year, the
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total sum Of twenty thousand dollars, to cover the
costs per the Fine Arts grant application agreement.
3 .
Use of Funds. The funds paid to Organi-
zation 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, 1990 and any unexpended
funds shall be returned to City by Organization.
4.
Accountinq. 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
19 fiscal year ending June 30, 1990. 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 expendi-
23 tures of the funds. All books and records of
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Organization are to be kept open for inspection at any
time during the business day by the city or its
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officers or agents.
Hold Harmless
organization covenants and
5.
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Sturges Foundc:)on Agreemert
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agrees to defend, indemnify, and hold harmless the City
and its ~oyees and agents from all liabilities and
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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. Organization and its
employees and agents are independent contractors and
are not employees or agents of the City in performin~
said services.
6.
Termination
city shall have the right to
terminate this Agreement and any funding remaining un-
paid 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 additi~K~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
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Insurance. Organization shall take out
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Sturges Found~on Agreement <:>
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 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 $100,000 for injuries, including,
but not limited to, 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 occur-
rence.
(c) Workers Compensation. Organization
shall provide worker 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
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Sturges FDundt:)Pn Agreement
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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:
As to Organization:
The sturges Foundation
Attn: Norman W. Baffrey
300 N. "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 negotia-
tions and prior writing in respect to the subject
21 matter hereof. In the event of conflict between the
22 terms, conditions or provisions of this Agreement, and
23 any such document or instrument, the terms and condi-
24 tions of this Agreement shall prevail.
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DATED:
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Sturges Foundt:)on Agreement
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CITY OF SAN BERNARDINO
.f';-:
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, ATTEST:
city Clerk
Organization
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Approved as to form and legal content:
h~
C~ Attorney
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,Ine Ana CommiaMln
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tKt - Nn~~~~ lkilfiiev
Tide Fin.. Art~ r.nn..tI 384-5415
~+II"""aC! rantAP "nl" +hA F~S
IL 1\-,;1'''' c......, Under ftic:h Suppart
_R.....11111 Special projects
t OrpnizaUan arne,
Sturges Foundation
300 No. D Street
San Bernardino, Ca. 92418
Phone 283- 5114
CA s... ........rrotit U) , 2370 1- D
Number of Yun in aaiaMnCie
,,~ 1989 tIlru~ 31. 1990
Y. ~ofProjectDelcriptiaN The operation of Sturges Center for the Fine Arts
is 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 attchrr
VI. ESWMtadnumllerof4*....Ur'tadtD....titfroal...~am/projecU ,;n nnn p"r annum
a) NumIler of........ by paid.tIIndInCII 50.00 '
b) Number of _.... by free aI' c:ompIiIMntarJ MlmI-'ll'II 7,000
VB. NeecI statementl Obvi ous ly, one man cannot operate the hell i ty alone; it is
of~en a 16 to 18 hour day, with much demand on weekends. Control~ set-up ant
break-down of equipment, supervision in absence of Fine Arts Coordinator,
trouble shooting, part-time receptionist and general handyman activities are
. ml
V .intended uultllEfflcient operation of Sturges Center is providing the City (
San Bernardino and its environs with an exciting, first class center of arti!
tic endeavor, providing local art groups with a full, professional stage and
other rooms at most reasonable prices. Out of town groups are also using th.
facilit and intend to return. 'Harald L her s i e at mt.
IX. Summary of Estimated Coats& TOTAL COSTS OF PROJECT
A. DireCt Coats 6 000.00
SaJaries w .....
Supplies .t Materials
Travel
FiucI Assets/Rentalsai' Leues 1 i ghti ng, sound,scene
FeeswOlber shOJI
TOTAL DIRECT COSTS
B. IndireCt CosU
TOTAL PROJECT COSTS
X. Orpniz.aUan antk:ipatad faNina/expenlUl
A. ExpeMeI
B. Reyenues, Grants, Contributions, ete.
Ac:tua1 Most Recent
FiIca1 Period
$107,910.37
$ 99.000.00
Estimated Thi.s
FiIc:a1 Period
$ 119.000.00
$ 99.000.00
XI. Tota! amount requested from San BernardinO Cilf Fine Arts Commission
NOTEI Amount Requested $ 20.000. 00
Plus total r."..... $ QQ nnn nn
gants, contributions, etc.
Must equal tDtaI project $J 1 q, nno nn
costs aboVe
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XD. CERTlFICATIONI
Project Officer Norman W. Baffrey
PhDneNumber 3R4_'i41'i
Tl~-line Arts Cnnrdin~tnr
0." ft.llqlt~ + 1. 1 QaQ
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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
Valley Community Concert Association - occupy space in the building
Only one full-time administrator is assigned responsiblity for the
entire complex of auditorium, office, conference room, music room,
dance studio, gazebo and grounds. No secretarial, receptionist,
technical or other assistance is provided.
From June, 1987 to the present, circa 40,000 persons have
passed through the facility, with an average of 1,666 per month.
One month had an, attendance of over 5,000 persons.' Fees and rental
have generated over $32,000 in revenue for the City. Many organ-
izations utilize the facility twice and three times a year. Many
rehearse on a regular basis. It is now used extensively for public
hearings far Federal, State, County and City groups. Its popularit
steadily increases.
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. For two years, 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. Additionally, he now is in charge of technical oper-
ations. He possesses invaluable skills and knowledge most needed
for the operation and is titled Assistant Fine Arts Coordinator.
VIII. in assisting most of these groups and they continue to praise his
efforts and attitude. He is a highly valued employee.
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M I NUT E S
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FINE ARTS COMMISSION
Friday,
MIC Room,
San
September 8, 1989
6th Floor, City Hall
Bernardino, CA
MEMBERS PRESENT
MEMBERS ABSENT
Dorris Ballard
Dr. Amer El-Ahraf
C. Dale Jenks
Frank Lindgren
Esther Mata
Harry Murray
Barry Silver
Richard Simon
Sylvia cichocki (Excused)
OTHERS PRESENT
Thelma Press, Liaison
-------------------------------------------------------------
Barry Silver, chairman, opened the meeting at 4:00 p.m.
GRANTS
sinfonia Mexicana Committee
MOTION:
By Frank Lindgren to postpone making any
decision on the Sinfonia Mexicana Committee's
grant request in the amount of $15,000 until
they can produce valid figures and until the
Committee has a definite commitment from
Mexico. The Commission will then review this
grant in October.
SECONDED:
By Richard
Commission.
Simon
and
approved
by the
San Bernardino Vallev Communitv Concert Association
MOTION: '
By C. Dale Jenks
San Bernardino
Association in
approved.
that the grant request for the
Valley Community Concert
the amount of $20,000 be
SECONDED:
By Dr. Amer El-Ahraf and approved by the
commission.
Sturqes Foundation
MOTION:
By Dr. Amer El-Ahraf that the grant request for
the Sturges Foundation in the amount of $20,000
be approved.
SECONDED:
By Frank Lindgren and
Commission.
approved
by
the
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OTHER BUSINESS
Inland Dance Theatres. Inc. Grant
Chairman Barry Silver announced that since
for the Inland Dance Theatres, Inc. was
will be listed as item number one on the
October meeting with item number two being
the sinfonia Mexicana Committee grant.
the grant request
received late, it
agenda for the
further review of
Deadline for Grant Reauests
The Commission decided that the deadline for grant requests
should be no received no later than the month of February in
order to be able to review and get the necessary paper work
completed before the end of the fiscal year budget.
Wavs & Means Committee
The Fine Arts Commission vote to reject 60/40 spilt and the
Commission's proposal to the Ways & Means Committee:
At the September 8, 1989, Fine Arts Commission meeting
according to Chairman Barry Silver's conversation with
Councilwoman Esther Estrada after the Black History Parade
request two years ago, discussion was that the Fine Arts
Commission should look at a 80/20 split.
The Commissioners discussed the report of Fine Arts Liaison
Thelma Press that the Ways & Means Committee have suggested a
60/40 split for the 1989/90 budget.
Due to the larger range of organizations that request funds
of the Fine Arts Commission to develop their artistic
endeavors, the Fine Arts Commission suggests a more equitable
budget split of 70/30 as it is necessary that the Fine Arts
Commission retain a significant portion of the budget split
to ensure the continued fine arts growth in our city. A
60/40 spilt will place grave restrictions on the Fine arts
activities for our city.
As of now, the groups requesting funds for cultural develop-
ment are small in numbers.
A negotiation meeting is suggested in order
both programs considering the vast long
commission budget needs.
to
range
perpetuate
Fine Arts
National Dollar to the Arts
Harry Murray: There is a national concern taking place in
congress which concerns U. S. Senator Jesse Helms. This
involves the national dollar to the fine arts as to what art
is to be funded and what art is not to be funded. This is a
major issue across the U. S. because it may conflict with
many organizations' functions relating to grants.
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Harry Murray will development a statement addressing this
issue so that it can be placed on the agenda for the October
meeting for discussion. Copies of the statement will be
handed out then.
ADJOURNMENT
The meeting adjourned at 6:00 p.m. The next meeting of the
Fine Arts Commission will be held "Fridav. October 13. 1989.
4:00 p.m.. in the MIC Room. 6th floor of citv Hal1. San
Bernardino."
:gjr
9/13/89