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HomeMy WebLinkAbout1991-459 1 2 RESOLUTION NO. 91-459 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH INLAND DANCE THEATERS, INC., OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said 8 city an Agreement with Inland Dance Theaters, Inc., a copy of 9 which is attached hereto, marked Exhibit "A" and incorporated 10 herein by reference as fully as though set forth at length. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.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 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 18th day of November , 1991, by the following vote, to wit: / / / / / / / 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 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT WITH INLAND DANCE THEATERS, INC., FOR THE PROMOTION OF ARTS AND CULTURE. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSEm' ESTRADA x REILLY x HERNANDEZ x MAUDSLEY -L- MINOR -L- POPE-LUDLAM x MILLER -1L- ~~i~- The foregoing day of November hereby approved Approved as to form and legal content: JAMES F. PENMAN City Attorney 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 Res. 91-459 AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and Inland Dance Theaters, Inc., 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 1991-92, in order to assist in defraying the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organization'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 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 City 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 Finance Director, ci ty shall pay to Organization from the budget for the 1991-92 fiscal year, the total sum of eighteen thousand dollars, to cover the costs per the 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 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, 1992, 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 fiscal year ending June 30, 1992. Financial records shall be maintained in accordance with generally accepting accounting principles by Organization in such a 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. 5. Hold Harmless. Organization covenants and agrees to defend, indemnify, and hold harmless the City and its 2 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 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. Organization and its employees and agents are independent contractors and are not employees or agents of the city in performing said services. 6. Termination. ci ty 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 purposes other than those authorized under this Agreement. 7. Assiqnment. Organization shall not assign its interest in this Agreement without the prior written approval of city. 8. Insurance. Organization shall take out and life of this Agreement such public maintain during the 3 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 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 I s or its agents I 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 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 insured in each policy of insurance provided hereunder. 4 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 1 2 3 Obliqation. Organization hereby covenants that 9. 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: City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92401 Inland Dance Theaters, Inc. Attn: Jean E. Roche P.O. Box 6033 San Bernardino, CA 92412 11. Entire Aqreement. 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 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, practices, hiring, admission advertising or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marit~ status. DATED: r~- /j""- 91 \h",- 5 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 INLAND DANCE ~, THEATERS, INC. ATTEST: Q o..e..IuL ~~ 'City Cler Approved as to form and legal content: JAMES F. PENMAN city Attorney Jo /) Ct1~<- CITY OF SAN comb, Mayor DEe.: Q :99: ORGANIZATION ~ 1 ~~;jI1<-t.,; r4t ,dt ycL':" / _' UA..-tG."" Lt -t.,: ) ()<> it j::?u j I / (/0 ". 6 ,. '"",,it.,,,,., ~r "~._~""D"''''''CI1!lIUml111"''r'''' .'_ ..... ' Flne:Arts Conmlssion.. . ~',~ I' ,~ I L .. ."'1'"-... "A~IllIK"'Or~anization Grant Ap,olic~t';-;;n'Form For Performi ng' Arts w. , ' ., ~ :I~'~~~", " I. Applicant Organization (Name, Addr~s, etc. ) 11. Contact Person JEAN E. .W"~ Title PRESIDENT Phone 783-4824 INLAND DANCE THEATERS, INC. P.O. BOX 6033 SAN BERNARDINO, CA 92412 Ill. Program Category Under Which Support is Requested: DANCE IV. Period of Support Requested Phone 783-4824 CA State Non-Profit 10 F Number of Years in Existence 0733047 16 SEPT 14, 19'tl1ru Starting DEC. 8. 1991 Ending V. Summary of Category Descriptions SEE ATTACHED STATEMENT VI. , Estimated number of persons expected to benefi t from thi s program/project: 11400 a) Number of persons by paid attendance: 8100 b) Number of persons by free or complimentary admission: 3300 VII. Need Statement: SEE ATTACHED STATEMENT VIII. Intended Results: SEE ATTACHED STATEMENT IX. Summary of Estimated Costs: A. Direct Costs Sa I ari es 30 '~ages Supplies & Materials Travel Fixed Assests/Rentals or Leases Fees & Other SEE ATTACHED BUDGET B. Indirect Costs TOTAL DiRECT C~S75 TOTAL PROJECT COSTS TOTAL COSTS OF PROJECT S S S S S S S S13~50 A. Expenses B. Revenues, Grants, Contributions, etc. Actual Most Recent Fiscal Period S 5 SEE ATTACHED BUDGET Estimated This Fi seal Period S S X. Organization Anticipated Funding/Expenses: XI. Total NOTE: Amount Requested From San Bernardino Amount Requested S Plus total revenues, S grants, contributions,ete. Must equal total project S costs above. City Fine Arts Commission: 39,889 :\f 1l2, ,000,00 Xl I. CERTIFICATIQN: Project Off, cer Phone Number ~,~, - Titl e PRES IDENT 9/19/91 j\~s j n~t~ .""-~'---"'....,.,..,.," -,.~"_-.... .~,.. " V Project Description Inland Dance Theatres will present the 16th production of Nutcracker to the San Bernardino community and surrounding area, drawing a diverse audience from the area. In past years close to 100,000 school children have seen Nutcracker bringing Ballet, Music and a live performance into their lives. We are requesting funds this year to replace c05turn"'s and sets which are very old for the first act, as well as increased production costs. Diane Amendt has been our Artistic Director for thl" past 12 years and brings a wealth of knowledge and charm to the production. This year assisting Diane is Evette Demarco Swinson, who has assisted Diane in past years. Evette has danced many roles in Nutcracker in past years and has been a dancer with the defunct Los Angeles Ballet. We have a very dedicated board that helps with all of our productions and fundraisers. . .-..--....... -, VII Needs Statement Inland Dance Theatre has been a leader in the San Bernardino area for the past 15 years in bringing quality dance productions to the community. The Nutcracker performance is permanent part of the Holiday Season for many people in the Inland Empire. They look to us to provide a quality production featuring many of their friends, neighbors and family which enriches their lives and adds enjoyment to the Holiday Season. It has become a tradition for many of us to look forward to in December. Our audience has grown from a local production to one from many surrounding areas. We have sold tickets to people from as far away as Hemet to Alta Loma. We have received many calls this year requesting information about this years production and when we will start to sell tickets. We need the help of the City of San Bernardino Fine Arts Commission to enable us to grow. This year we are planning on three public performances which will add more income and fulfill public request for additional performances. Our target groups are school children, senior citizens, and new residents to the San Bernardino community. -~ -~~~..;.,.._--_._~,,..,.,,.,,.~,..,_...., -'---'-"'''''''tf,'; ... --~_....-..-:.,..,..-'~....-. VIII Intended Results Our primary goal in the production of Nutcracker is to enrich the lives of children who may never have seen the Ballet or heard an Orchestra or for that matter never have seen the inside of the California Theatre. It is so rewarding to hear the comments of these children as they ent~r and leave the theatre, it makes all the effort that goes into the production worthwhile. For the past 15 years the children of our city and surrounding county have had the education this performance affords. This year 6800 more young people will have the opportunity to see this performance. We would like to make San Bernardino the center for the arts and save many people the trip to Orange County or Los Angeles. 'i j ~ .j l This year we are planning four school shows which will be sold out and three public performances. We project an audience of 4700 people this year. The time frame of this production is September 14 1991 through December 8th 1991. . "r~... .,.. " "~yy;re"',I,-~~1!qif'lll'''IlIf'~"'' "T' .":~.. ..~ l:'~/I~~: "!!,~;'l",, ...,",'W':''i!''v''"1f'"'''' -~~~-"..,.. .. ~',. -..'""~'"'''''''' r'.,'..l''?'f,''''\''",!,;llOlli!J''l'\''>~,,",,'~'' .'.,r, ,- IX PAGE 2 ITEM NEW COSTUMES REPAIR & MAIN COSTUMES SEAMSTRESS COSTUME RENTAL CLEANING COSTUMS MAKE - UP PRINT MEDIA PROGRAMS, FLYERS, POSTERS ART, PHOTOGRAPHY, ETC. PAINT TICKETS VIDEO TAPE NUTCRACKER SHIRTS BAD AD INSURANCE TELEPHONE POSTAGE COST'ON TICKET SALES VISA & AMERICAN EXPRESS INVITATIONS - FOUNDERS ENTERTAINMENT - FOUNDERS CATERING - FOUNDER'S PARTY PRE - SHOW RECEPTION CAST FLOWERS & GIFTS CAST PARTY RENT CAST PARTY FOOD ETC. . ADMINISTRATIVE COORDINATOR SUB TOTALS TOTAL :"" ,'.,.."'.,."..,----r.,-I"'.~. -_.,.~....-..,.~,., . . ACTUAL 1988 ACTUAL 1989 ACTUAL 1990 BUDGET 1991 1,102 274 600 375 o 630 o 1,100 200 65 560 420 2,651 1.678 600 120 701 282 2,500 1,800 ' 1,000 200 500 200 2,472 2,968 1,545 200 o 1,368 3,007 2,624 1,843 114 o 1,458 4,200 3,500 1,000 200 1,000 2,400 1,500 1,200 500 300 3,000 1,300 300 00 1,000 o 750 2,400 o o 3,172 3,280 840 200 o 2,339 500 894 271 1,000 44 58 75 509 o 704 o o o 1,000 960 340 2,208 1,',80 250 00 758 o 633 2,246 o o 1,000 1,260 320 1,300 1,340 232 200 697 o 1,023 1,818 o 580 15,589 21,161 25,738 30,750 86,568 92,429 TOT 108,356 100,593 132,350 ------------------------------------------------------------------------ SAN BERNARDINO CITY FINE ARTS COMMISSION 17,500 20,000**20,000****20,000****20,000***** MUSICIAN'S TRUST FUND 5,525 7,850*** 7,115**** IN 8-88 I.D.T. HAD A NOTE FOR - $10,000 I.D.T. RECEIVED (**l AND (***l FOR NUTCRACKER 1989 I.D.T IS TO RECEIVE (****l AND DID GET CREDIT l*****l 1990 BECAUSE OF LATE PAYMENTS FROM GRANTS I.D.T. IS APPRO X $13,000 IN DEBT AT THIS TIME.