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HomeMy WebLinkAbout1998-282 . 98-282 RESOLUTION NO. 1 2 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUlHORlZING TIlE 3 EXECUTION OF AN AGREEMENT wnn TIlE FAMILY PLAYHOUSE FOR TIlE PROMOTION OF ARTS AND CULTURE. 4 5 BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreernent with F AMIL Y PLAYHOUSE, 10 a copy of which is attached hereto rnarked Exhibit "A" and incorporated herein 11 by reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above referenced agreement 13 is rescinded if the parties to the agreernent fail to execute it within sixty (60) days of the a 98-282 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUllIORIZING TIlE EXECUTION OF AN AGREEMENT WTIH TIlE FAMILY PLAYHOUSE FOR TIlE 1 PROMOTION OF ARTS AND CULTURE. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a regular meeting thereof, 5 6 Council Members 7 8 held on the 5th day of October , 1998, by the following vote, to wit: ESTRADA AYES NAYS ABSTAIN ABSENT x - x x x - x x - x 9 LIEN 10 ARIAS 11 SCHNETZ 12 DEVLIN 13 ANDERSON 14 MILLER 15 16 ~~cb1~,~ ri this ?hay of 17 18 The foregoing resolution is hereby a 19 O.-t-oh..r , 1998. 20 (-i~ (e~ 1m v ALLES, Mayor of San Bernardino 21 Approved as to form and 22 legal content: 23 Jarnes F. Penrnan, 24 City A orney 25 26 27 28 ,.~~ September 22, 1998 2 98-282 1 2 3 4 5 6 "Organization." 7 The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance from 10 ity for the fiscal year 1998-99, in order to assist in defraying 11 he expense of certain concerts, shows, festivals, or events or 12 ctivities sponsored by Organization as set forth in Organization's 13 rant proposal (hereinafter "the proposal") approved by the Fine 14 rts Commission of the City. A copy of said proposal is on file in 15 the Mayor's Office of Cultural Affairs. The terms of the proposal 16 are incorporated herein by reference and shall govern the uses of 17 the funds provided herein. The financial assistance provided for 18 in this agreement is made on a one-time only basis, and receipt of 19 said funds shall not imply a continuing obligation of the City 20 beyond the terms of this Agreement. 21 B. The expenditure is for a valid municipal public 22 purpose, to wit: for the promotion of art appreciation in San 23 Bernardino, as more fully set forth in the proposal submitted by 24 Organization. 25 2. Payment. Upon presentation of a claim to the Mayor's 26 Office, City shall pay to Organization from the AGREEMENT Fine Arts Fundino THIS AGREEMENT is entered into between the CITY OF SAN ERNARDINO, a municipal corporation, referred to as "City" and the AMILY PLAYHOUSE, a non-profit organization, referred to as 27 28 Exhibit: "A" -1- 98-282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE FAMILY PLAYHOUSE OR THE PROMOTION OF THE ARTS AND CULTURE. fiscal year, the total sum of $5,000 for the 1998-99 udget ollars, to cover the costs per the Fine Arts grant application greement. 3. Use of Funds. The funds paid to Organization shall be sed solely for the purposes set forth in Paragraph 1 and in strict ompliance with the provisions set forth in the agreement. No eviation from the agreement shall be made without the express of the City of San Bernardino. Said funds shall be xpended by June 30, 1999, and any unexpended funds shall be eturned to City by Organization. 4. Accountinq. Within 20 days after the completion of the vent, the Organization shall submit to the Mayor's Office, with a 15 copy to the Director of Finance, an accounting of the actual 16 expenditures connected with said event as it relates to the funds 17 18 19 provided by the City. Financial records shall be in accordance with generally accepted accounting aintained rinciples by Organization in such manner as to permit City to 20 easily trace the expenditures of the funds. All books and records 21 of Organization are to be kept open for inspection at any time 22 during the business day by the City or its officers or agents. 23 24 25 26 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 27 agents from all liabilities and charges, 28 -2- 98-282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE FAMILY PLAYHOUSE OR THE PROMOTION OF THE ARTS AND CULTURE. suits or losses however fees) , counsel (including xpenses ccurring, or damages arising or growing out of the use or receipt and all operations under this f the funds paid hereunder greement. Payments hereunder are made with the understanding that he City is not involved in the performance of services or other ctivities of Organization. Organization and its employees and gents are independent contractors and are not employees or agents f the City in performing said services. 6 . Termination. City shall have the right to terminate his Agreement and any funding remaining unpaid hereunder for any eason by mailing a ten-day written notice to Organization and this greement shall terminate ten days after the mailing of such otice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than hose authorized, any unexpended portion of the funds provided by ity shall be returned to City. In addition, Organization shall 19 reimburse 20 urposes 21 7. 22 to City any funds expended which were used for any other than those authorized under this Agreement. Assionment. Organization shall not assign its interest in this Agreement without the prior written approval of City. 23 24 Insurance. Organization shall take out and maintain 8 . during the life of this Agreement such public liability and 25 property damage insurance as shall insure City, its elective and 26 27 28 appointive boards, commissions, officers, -3- 98-282 1 2 3 4 5 6 7 8 9 10 11 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE FAMILY PLAYHOUSE OR THE PROMOTION OF THE ARTS AND CULTURE. gents and employees, Organization and its agents performing acts overed by this Agreement from claims for damages for personal njury, including death, as well as from claims for property damage hich may arise from Organization's or its agents' operations ereunder, whether such operations be by Organization or its agents r by anyone directly or indirectly employed by either Organization r its agents, and the amounts of such insurance shall be as ollows: (a) Public Liability Insurance. In an amount not less than 12 $1,000,000 for injuries, including, but not limited to, death, to 13 14 15 16 17 18 ny one person, and subject to the same limit for each person, in n 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 any one occurrence. (c) Workers Compensation. Organization shall provide workers 19 compensation insurance in the amount required by state law if the 20 funds provided hereunder are to be paid as salary to any employee 21 of Organization. Organization shall require that all rights of 22 subrogation under such policy of workers compensation insurance 23 shall be waived as to City. Ci ty shall be set forth as an 24 additional named insured in each policy of insurance provided 25 26 27 28 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- 98-282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE FAMILY PLAYHOUSE OR THE PROMOTION OF THE ARTS AND CULTURE. 9. Oblioation. Organization hereby covenants that it has adherence to the make the actions all necessary to aken bligations imposed by this agreement a binding obligation of the rganization. 10. Notices. All notices herein required shall be in writing nd delivered in person or sent by certified mail, postage prepaid ddressed as follows: As to City: As to Organization: Mayor's Office City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Lindsay Hlebasko Family Playhouse P.O. Box 1303 San Bernardino, CA 92404 11. Entire Aoreement. This Agreement and any documents or 15 instruments attached hereto or referred to herein integrate all 16 terms and conditions mentioned herein or incidental hereto, and 17 supersede all negotiations and prior writing in respect to the 18 subject matter hereof. In the event of conflict between the terms, 19 conditions or provisions of this Agreement, and any such document 20 21 22 23 24 25 26 27 28 or instrument, the terms and conditions of this Agreement shall revail. 12. Non-Discrimination. Organization agrees that for the term shall not discriminate in employment, of this Agreement it hiring, admission practices, advertising or in any recruitment, other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. DATED: /Ok7!fr ( , -5- 98-282 1 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE FAMILY PLAYHOUSE OR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 4 5 6 . BERNARDINO {l~ {t!~ Valles, Mayor 7 8 9 TTEST: ~JJ.~ Rachel G. Clark, City Clerk 17 ~nu.c&~ ~~ ORGANIZATION 10 11 12 13 pproved as to form 14 nd legal content: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~7.~ -6- 98'-282 -. PBRl"ORMING ARTS - GRANT APPLICATION PORM Cicy of Sa~ 3e=na=d~~~ - Fine Arcs Commission ============================================================================= I. Applicant Organization (Name, Address. etc.) Family Playhouse Post Office Box 1303 San Bernardino CA 92404 Contact Perso~inds~y Hlebasko Title CO-Founder/Oirector Phone: ( 909 ) 864-5241 ======================================= --- -.:.~. Program Category Under which Support: is req'..lested: Th~;:d"~r Phone: ( ~o~ ) ili4 no Non-Profit I.D. C1591494 Number of Years in existence ======================================= IV. Period of Support Re~ested 9798 through. 8/99 Starting . Ending ==2=======================================================================~__ 1 V. Project Descriptions: The Sturges Family Playhouse (SFP) project encompasses three musical theat:e productions (six shows each) two special events and two aud~t~on workshops. Requested funds' will be used for sets, costumes, marketing, salaries a~d fees. In addition to four required technicians wages, SFP w~ll pay modest salaries to inhouse production ~taff ~ho have donated all services our initial year; producer, O~r/Mus~cal; Costumer and set designer. _____ _ ======================================================================-----=- Vi Eseima:ed numbe: 0: oe=sons ex:e~:ed to benefit from this program/proj ect: 3315 (100 ca~t/staff/vo1u"teers) a) Number of ge:-sor:s by 9aid a::endance: 3075 b} ~urr.ber 0: ge:;sons by free c::mplimencary admiss.:~~: 140 c) Numbe:- 0: pe:-:=:-'na:1ces sC:-.ed'.:led: 17 d) 70:a:' a::e:1di::g all perf=::::-.a::ces ([a] plus [b: i: 3,315 ============================================================================= vrI. Need S:a:eme:1:: The SFP is a crucial balance to the downtown area, where sports venues, government, media, and eateries are dominant. The Playhouse provides quality family entertainment, curtain times and show lengths conducive to children and seniors, and an opportunity to participate or enjoy the arts at a reason- able price. ========~================================================================== V:::. :r::e::ded ~esu:':s: The results and impact of a downtown-based community theatre reveals itself each show, with increased inter- est and participation by families, and others who comment they "have never been to the Sturges" and how wonderful it is! School matinees are successful and popular, along with special senior matinees and evening performances. The SFP enjoys a quickly _ ==========================================================================- achieved positive reputation. \~A R~vised 5/96) .5.. ... 98-282 222=2~22~==a====.=.=aasa=aaaaa.aaa===a.a==.aa====a========================= !X. Tocal ancicipaced expenses for ~his period: Salary &: Wages Supplies &: Macerial $ 7,500 3,450 NA $ Travel $ Fixed Assecs/Rencals or Leases $ NA Oucscanding lo~~ paymencs Fees &: Ot:her $ NA $ 17.lill) TOTAL COSTS $ 28.465 ===asa:aaaaa=:===:==::::_=:=:_:::==========:================================ X. Tot:al ancicipat:ed income for chis period: Most: Recenc :iscal Period !ncome from performances S 240 ~evenue (stocks, bc~ds, rencals, e:c.) S o Grancs s o Concribu~ions s o ~unds f=~m Support G=oups s o Ocher (Sturges In Kind) s o TOTAL INCOME $ 240 ====:a=a===:==::::===::::::==:=:=::=::====================:==:========:=: X- ~~ounc re~~es:ed from che Sar. 3ernardino :ine A::s Commission: a) Total Cos:s (Sec:ion !XI S 28,465 b} Tocal !::come (Sec:i::m Xl ( -) S 22,915 c) AMOONT REQT1ESTED ( La] min~s [b11 S 5,550 ?ercent:ag~ :eques::ed: 19.50 % ( AIIloun t: Requested divided by Total Costs) a2===================================================a===============~=====~ (~A Revised 6/96) -7- 98-282 XII. Amount per person to be subsidized by Fine Arts grant: Amount requested (Section XI Line [c]) divided by number of people attending (Section VI Line Cd]) $ .L3L_ ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- XII. Future objectives: As availability of city funds will be increasingly restricted in the foreseeable future how does your organization propose to become more self-sufficient? SFP is pursuing aggressive marketing strategies: 1) Sponsorships 2) Corporate & individual donations 3) Advertisement campaign 4) Increase audience attendance (through ticket sales) 5) Show selections 6) Guild support, two major fund raisers per year and audition workshops 7) Adjusted ticket prices --------------------------------------------------------------------------- --------------------------------------------------------------------------- XIII. Provide a brief history/background of the organization: Founders Lindsay & Randy Hlebasko, proposed a new playhouse to Charles Bradley and Harald Luther (Sturges General Mgr and Theatre Mgr resp). Upon approval & support of Sturges Foundation the SFP launched its first season with Sizzlin Summer Stars, Heidi and Wizard of Menlo Park. Both musicals were written by Lindsay Hlebasko to offset initial show costs. Recently acquired sponsorship of Main Street Inc to provide "in kind" bookkeeping service and use of non profit/IRS #. No financial support will be provided by Main Street Inc. Members of the Inland Theatre League, SFP is offering quality musical theatre and networking with community, schools, and businesses to enhance this project. --------------------------------------------------------------------------- --------------------------------------------------------------------------- CERTIFICATION: Project Officer: Ufa~2~rt . ~~nnolrh ~ el~Qa~vO T~tle: Co-Founder/Produc~ Phone Number: (909) 864-5241 Date: July 30, 1998 (PA Revised 6/96) -8- 98-282 List Board of Directors and Officers (Include names, addresses and phone numbers) Chairman: Randolph T. Hlebasko 6080 Buchanan st San Bernardino CA 92404 (909) 864-5241 Vice-Chairman: Russell Gamble 7466 Mountain Laurel Drive Highland CA 92346 (909) 864-4696 Secretary: Tami A. Hlebasko 6080 Buchanan St San Bernardino CA 92404 (909) 864-5241 Guild President: Gloria Graham 2889 Ridgeview Rd Highland CA 92346 (909) 864-1995 At Large: Lindsay A. Hlebasko 6080 Buchanan st San Bernardino CA 92404 (909) 864-5241 (PA Revised 6/96) -9- 98-282 Supplemental Material Sturges Familv Plavhouse Page 6 VII. Need Statement Families, seniors, children, and "special needs" community members are the target audience for the Playhouse. Special school day matinees are offered for each of the three productions, with instructional and creative follow-up material activities given to educators and parents to take back to school and the home. Senior matinees with reduced ticket prices are offered our many fine older citizens, who provide a large patron base for our shows. . Special Family Ticket prices encourage entire family units to attend productions without financial stress. Early curtain times (7:00 pm), and actual show length are geared toward all of the above target audience factors. Afternoon and evening performances offer the public convenient time frames, along with the shorter performance lengths (about 90 minutes plus an Intermission). This Is especially Important for sDeclal needs citizens: those with disabilities, Illness, or conditions that traditional theetre does not target. We specially seat hearing impaired, wheelchairs, developmentally disabled, children with attention-deficit disorder, and many other special friends. All of the above mentioned are the "under-served" In the arts, as they are almost always expected to conform to the activity or venue In any public event. At Sturges Family Playhouse, we conform to their needs and welcome them with heartfelt appreciation. Networking with local high schools, we are not only creating a "hands on" opportunity for young people to learn more about theatre, but they are assisting us greatly, as well. Each show, students from Cajon High School serve as greeters, ushers, and refreshment helpers, and do a tremendous job. Pacific High School drama and art students have assisted with drops and art work, and are a treasure, as well. We have received wonderful feedback from our elementary school age audiences about the entertaining "values instruction" contained In each show. High Schools have expressed appreciation and enthusiasm as we work together to advocate the arts In secondary education, which have been all but eliminated In some districts. This Is a tremendous joy to perpetuate the arts, change lives, touch hearts, and have fun all at the same time! Our casts, themselves, are comprised of children, teens, and adults. Sometimes entire families appear In the showl What terrific comments and positive feedback we have received from these outstanding performers,who represent what Is very right In San Bernardino! Productions and audiences are filled with families spending time "with" and not "away" from eech other. Many audience members come several times to our shows, bringing friends and neighbors, or additional family members with theml