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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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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// 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 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