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HomeMy WebLinkAbout2000-269 r- ,. . 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 NO. 2000-269 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. 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 Inland Dance Theatres, Inc., a copy of which is attached hereto marked Exhibit "A" and incorporated herein by references 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III 2000-269 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 MAYOR AND COMMON COUNCIL OF THE CITY. OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Joint and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the 5th day of September ,2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN .----lL MCGINNIS X SCHNETZ X SUAREZ X ANDERSON X ~ MCCAMMACK X ;dcvmtW);U;(iincu ~ City Clerk ') ?r-t!.", day of September, The foregoing resolution is hereby approved this 2000. 'c:i!..-t.Lv-L- J 1 Valles, Mayor it of San Bernardino Approved as to Form and legal content: JAMES F, PENMAN, City Attorney 2000-269 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 AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Inland Dance Theatres, Inc., a non-profit organization, referred to an "Organization" The parties agree as follow: Recitals. 1. A. Organization has requested financial Assistance from City for fiscal year 2000-01, in order to assist in defraying the expense of certain concerts, shows, festivals, or events of activities sponsored by Organizations as set forth Organization's grant proposal (hereinafter "the proposal") approved by the Fine Arts Commission of the City. A copy of said proposal is on file in the Mayor's 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 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 valid municipal public purpose, to wit: for the promotion of 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 Mayor's Office, City shall pay to Organization from the -1- .' . 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 2000-269 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2000-01 fiscal year, the total sum of $15,500.00 dollars, to cover the costs per Fine Arts grant application agreement. 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 agreement. No deviation from the agreement shall be made without the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30, 2001, and any unexpended funds shall be returned to City by Organization. 4. Accounting. Within 20 days after the completion of the event, the Organization shall submit to the Mayor's Office, with copy to the Director of Finance, an accounting of the actual expenditures connected with said event as it relates to the fund which were provided by the City. 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 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. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City. 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, -2- 2000-269 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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 performing said services. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 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 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 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. 7. Assignment. its interest in this approval of City. Organization shall not assign Agreement without the prior written 8. Insurance. Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance, naming the City as additional insured, so as to insure City, its elective and appointive boards, commissions, officers, -3- 2000-269 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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. Agents and employees, Organization and its agents performing act covered by this Agreement from the claims for property damage for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operation hereunder, whether such operations be by Organization or its agent 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 that $1,000,000 for injuries, including, but not limited to, death, to any person, and subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence. (b) less than person on Property Damage Insurance. In an amount not 50,000 for damage to the property of each account of an occurrence. (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 a salary to any employee of organization. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to 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 a additional named insured in each policy of insurance provide hereunder. (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. -4- 2000-269 1 2 3 4 5 6 7 8 9 10 11 12 13 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 9. Obligation. 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: Mayor's Office Jean Roche, President City of San Bernardino Inland Dance Theatres, Inc. 300 North "0" Street 14 San Bernardino, CA. 92418 P.O. Box 3691 San Bernardino, CA. 92413 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Entire Agreement. This Agreement and any other documents of 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. 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 an other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: 'l,)()-li -5- 7 8 9 10 oJ 11 ATTEST: 1())})u{ ~'. (1a./l}J,J j liLt fachel G.\;;ark, City Clerk 12 '~O yJfMLliV)...-J y(} dLf7fl),; WPff{'r!/ 13 ORGANIZATION .L-{" t~...--- Valles, Mayor . 2000-269 1 2 3 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF THE ARTS AND 4 CULTURE. 5 6 CITY OF SAN BERNARDINO 14 15 Approved as to form and legal content: 16 17 James F. Penman City Attorney 18 19 20 21 22 23 24 25 26 27 28 ./-, /1 ( . /tlV J; t6...e ~/ {/ -6- 2000-269 Synopsis: Inland Dance Theatres Inc. The Inland Dance Theatre will present the 25th production of Tchaikowsky's Nutcracker Ballet on November 30 & December 1, 2, and 3 at the California Theatre. During these past years 100,000 school children have viewed with delight a live ballet. Both cast and audience is drawn from the Inland Empire. Special rates are given to youth and low-income families. The Nutcracker Ballet has become an established holiday tradition in the City of San Bernardino. . Estimated attendance - 7,500 . Number of performances - 6 . Estimated costs - $111,000.00 . Estimated income - $91,000.00 . Grant requested - $20,000.00 . Fine Arts Commission recommends - $15,500.00 2000-269 PERFORMING ARTS - GRANT APPLICATION FORM City of San Bernardino - Fine Arts Commission I. Applicant Organization (Name, Address, Etc.) Inland Dance Theatre!l's Inc. P.O. Box 3691 San Bernardino, Ca. 92413 Telephone No. (909) 783 4824 Non Profit m. NO.0733047 Number of Years in ExistenceJS U. Contact Person: Jean Roche Title: President III. Program Category Under which Support is Requested Dance IV. Period of Support Requested: From September 8th 2000. Through December 3rd, 2000. V. Program Description: Inland Dance Theatres, Inc. (lOT) will present the 25th production of Tchaikowsky's Nutcracker Ballet to the community of San Bernardino and the surrounding areas, drawing an audience from diverse groups of people. The perfonnances will be November 30, December 1,2, 3 at the California Theatre of Performing Arts. During the past 25 years over 100,000 school children have attended the Ballet. We are happy to be able to bring the a live perfonnance of the Ballet and Symphony into their lives. It is because of the high cost of the symphony that we are requesting your funding. Our desire is to encourage our young dancers and inspire them to a higher perfonnance level. The opportunity to work with a local person who is now a professional, such as Jennifer Blake, will provide tangible evidence that dedication and work help achieve goals. The we are compeUed to have the symphony perform with the Ballet, to enable the children to experience the Ballet as it was meant to be. Both out cast and audience are drawn from the diversified community making up the Inland Empire. Many residents are on some type of state or federal aid and would not be able to attend the Nutcracker Ballet if we did not provide a special rate for the youth. This exposes youth from disadvantaged families to the enrichment of the arts. For many families, the Nutcracker is an established Holiday tradition. A-I 2000-269 VI. Estimated number of persons expected to benefit from this person: a) Number of persons by paid attendance: 7500 b) Number of persons by complimentary admission: 4500 c) Number of perfonnances scheduled: 6 d) Total attending all performances (a plus b): 12,000 VII. Need Statement: Inland Dance Theatres's (IDT) has been a leader in bringing quality dance productions to the San Bernardino community for the past 25 years, The Nutcracker Ballet is regarded as one of the best productions in the area. Nutcracker presents an art form enjoyed by both children and adults. For all that attend this production and for those that produce, work and dance in the program our Nutcracker is production is part of the Holiday season. The public knows they can depend on us to present a quality production that enriches their lives while featuring many of their friends, neighbors and family. Over the past years we have come to depend upon the funds that the Fine Arts Commission has so generously awarded Inland Dance Theatres, Inc. We are aware that you have budget constraints, and we have presented a budget that reflects our lower costs achieved through stringent cost -cutting measures. This budget is one of the lowest we have presented as we are committed to reducing our spending to limit the amount of outside financial support necessary to mount this production. Although we have started seeking other means of support, we still are in need of City and Community financial assistance to make this program possible each Holiday Season. School performances expose young children to the arts and are an integral part of our mission. The school performances, however, do not generate any profit. In 1999 we were able to sell out two school performances by aggressively calling all the schools and sending out letters to the county and city schools. For the 2000 season we are starting to call the schools now. We applied some aggressive marketing strategies to attract the general population to the performance in 1999 and will continue to do so in 2000. Because of the uncertainty of revenue generated and increased production costs, we need your assistance to guarantee a successful production. Our target audience includes school children, youth groups, and residents in the Inland Empire who can enjoy Nutcracker as many others have for the past 25 years. IDT,like most community based non-profit organizations, can only exist through the generosity of donations, grants and fundraisers. We recognize that funding for grants is diminishing while competition for scarce funding is increasing. IDr has and will continue to intensify our fund raising efforts to diversity our funding sources. These efforts will ensure that IDT can continue to produce the Nutcracker Ballet for the enjoyment of the residents of the Inland Empire. A~ , . 2000-269 VIII. Intended Results: , Unfortunately it is not possible to get an exact measurement of the results of this program We are enclosing the article that was published in the San Bernardino Sun news paper following last years performance, and we can only give you the words thai many who see this performance say, wonderful, we love the program, it gets better each year. Each year we receive letters from school children expressing their delight in attending the performances and seeing the California Theatre. It is our intent to enhance the arts in our community by providing both performance opportunities as well as viewing opportunities for community members. We have pulled out all the stops in our plans for Nutcracker to accomplish our goals. It is our intent to inspire enthusiasm for dance, music and theater in the community by exposing the youth in the Inland Empire to these art forms. Each year the cast of the Nutcracker Ballet is comprised of 98% local talent of all ages, ethnicity, and socio- economic backgrounds. This exposure to the arts is essential to the quality and vitality of the Inland Empire. Such opportunities would be vastly reduced without the Nutcracker Ballet performances. Last year we added a web site and placed our audition application on the Internet. In addition to the audition information we have a link to an electronic ticket seller for interested parties to buy their tickets by credit card or at our local vendors. Our Internet presence will increase awareness of our production and generate attendance from areas in the Inland Empire that have previously been under represented. This summer company dancers are performing in the Junior Universities production. Our performers past Nutcracker peifonnances have provided these dancers with experience and opened new venues of performing to them. We are proud that three of our company members are enrolled in the dance program at the University of California Irvine. Also one of our dancers is teaching a ballet class at UCLA and another dancer was accepted to Fordham University with a minor in dance Education. Another one of our company members was a runner up at the Spotlight Awards in Los Angeles. A-3 2000-269 IX. Total anticipated expenses for this period: Salary & Wages Supplies & Material Travel Fixed AssetsIRentals or Leases Outstanding loan payments Fees & Other , $ J!J--:53(J $ -)' s'5Z' $ /" c-;- $ -1- Nt) - $ & $ "7.5'; (}{l C , TOTAL EXPENSES $ / Ii. (J()t) / X. Total anticipated income for this period: Income from performances Revenue (stocks, bonds, rentals, etc.) Grants Contributions Funds Irom Support Groups Other $ J1'tO{) $ ~ il"l' $ ~6'" l' $ j/)/ /JC'O $ . /~ $ -e- TOTAL INCOME $ /~ /)() (J XI. Amount requested from the San Bernardino Fine Arts Commission: a) b) c) Total Expenses (Section IX) Total- Income (Section X) AMOUNT REQUESTED (a minus b) $ I: ~ gN $ 'i _ 1(1(.1 $:JLv N't) I XII, Future Objectives: We are committed to finding ways to fund our performances through aggressive fund raising projects such as: 1) presenting special performances for target groups (such as youth organizations, senior citizen groups, or church groups in the area); 2) requesting grants from large corporations; and 3) increasing publicity to improve attendance. We have sent out fund raising letters to major companies in the area. Weare much stronger this year. Most of the plans for the production are being placed in motion with eight board members in attendance at most meetings. Because of this strength, we look forward to producing many quality ballet performances in the future. Our board starting meeting in early 2000 to make plans for the 25th Anniversary of Nutcracker. We have made many plans to make this year the best ever. Last year Was a sell out and we are so happy to be able to once again present this wonderful production to the community. We are looking forward another 25 years of making this the best production ever. A-4 2000-269 XIII. Provide a briefhistorylbackground of the organization: ~ Judy Noerr first presented the Nutcracker Ballet in 1976. This production was the combined efforts of the San Bernardino Valley Community Concert Association, the City Unified School District and numerous volunteers, The first production was performed to taped music. The next year we put together our own orchestra under the direction of James Guthrie. In 1977 we started Community Arts Productions, a community based nonprofit corporation. We are proud to say we have been able to hire the San Bernardino Symphony for the past several years to provide orchestration for us. In 1987 we changed the name of Community Arts Productions to Inland Dance Theatres, Inc. to reflect the other communities that we serve. The generosity of individuals, organizations, governmental agencies and other businesses has enabled Inland Dance Theatres, Inc. to assemble productions far beyond the scope of most companies. Our goal remains the same today, as it was when the first Nutcracker was produced. We strive to bring quality performances to the community and to brighten the lives of school children from diverse backgrounds that might never have a chance to see a live performance or cultural event of this nature without assistance. CERTIFICATION: Project Officer: Telephone No.: TOt! ,if, . I. ,/ 1 e .aLt:'til..L?<-I'--/ Date t --2f-i'-e1 A-S 2000-269 List Board of Directors and Officers (Include names, addresses and telephone numbers) 1160 E. 28TH STREET SAN BERNARDINO, 92401 HME, 883-2161 1433 STERLING RD. REDIANDS, 92373 HME, 793-2923 OFC. 824-3163 5961 ROGERS LANE SAN BERNARDINO, 92404 Hl'<IE, 862-0640 2843 FREMONTIA SAN BERNARDINO, 92404 HME, 883-2861 STEVEN EASLEY GOFORTH/MARTY 884-1863 SAN BERNARDINO, 92404 ALDAPE, ~IETTE Teacher AMENDT, TONY Manager BLAKE, DARLENE Manager Dance Studio LYNETTE EVANS Radiologist , WAYNE FUGATE Computer/Programer 6359 AZALEA AVE SAN BERNARINO, 92407 LEVESQUE, JOHN Financial Planner 22348 GLENDORA AV GRAND TERRACE 92324 HME 824-2328 OFC 825-3830 NEWMAN, EVIE Teacher 1213 ANTHONY ST Choreographor REDLANDS, 92374 HME 794-7975 MELANSON, FLO Retired Teacher President Emblem Club ROCHE, JEAN Supervisor AAA Bethel Guardian Job's Daughters A-6 1050 W MARSHALL BLVD SAN BERNARDINO, 92405 HME 882-6239 22392 LADERA GRAND TERRACE, 92313 HME 783-4824 OFC 818 562-8503 . o OJ i\3 CD ~ , , J o ~ z ,.. > z ..,0 "'0 0> s~ ..'" ....,., "'= "'", ~> "',., ~~ y; Z !" , ~ . '. 2000-269 N N ... > ... ... ... ... ... ... ... ... ... '" co .... '" '" ... (H N ... '**' ... 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