Loading...
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 r 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 The authorization to execute the above referenced 15 agreement is rescinded if the parties to the agreement fail to 16 execute it within sixty (60) days of the passage of this 17 resolution. 18 19 I HEREBY CERTIFY that the foregoing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 : 23 24 25 26 27 28 RESOLUTION AUTHORIZING AGREEMENT WITH STURGES FOUNDATION FOR CIVIC AND PROMOTION FUNDING FOR FY97/98 1 2 3 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' ,r 23 24 25 26 27 28 -2- 1 2 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 27 28 2 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 27 28 3 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 26 27 28 4 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. 27 28 5 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 7 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