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HomeMy WebLinkAbout1988-295 - 1 2 3 4 5 6 RESOLUTION NO. 88-295 RESOLUTION 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 7 an Agreement with the San Bernardino Inland Dance Theatres, Inc. 8 for the promotion of arts and culture, a copy of which is 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 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 day of 1st Auqust , 1988, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller NAYS: None ABSENT: Council Member Pope-Ludlam ~.I'-/~~ "" City Clerk 1 The foregoing resolution is hereby approved this ;rA~ day 2 of 3 4 Auqust , 1988. ~.J,t",) 1'J,\L4 EVLYN W COX, Mayor City of San Bernardino 5 Approved as to form 6 and legal content: 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 4 5 6 7 AGREEMENT (Fine Arts Funding) THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and INLAND DANCE THEATRES INC, a non-profit organization, referred to as "Organization". The parties agree as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance 10 from City for the fiscal year 1988-1989, in order to assist in 11 defraying the expense of certain concerts, shows, festivals or 12 events or activities sponsored by Organization as set forth in 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 arts and culture, as more fully set forth in the proposal submitted by Organization. 2. Pavment. Upon presentation of a claim to the City Finance Director, City shall pay to Organization from the budget for the 1988-1989 fiscal year, the total sum of TWENTY THREE 1 1 THOUSAND DOLLARS ($23,000.00) at such time or times and in such 2 periodic amounts as determined by the City Administrator and 3 Finance Director of the City, consistent with the grant proposal 4 approved by the Fine Arts Commission. 5 3. Use of Funds. The funds paid to Organization shall be 6 used solely for the purposes set forth in Paragraph 1 and in 7 strict compliance with the provisions set forth in the proposal. 8 No deviation from the proposal shall be made without the express 9 approval of the City of San Bernardino. Said funds shall be 10 expended by June 30, 1989, and any unexpended funds shall be 11 returned to City by Organization. 12 4. Accountina. At such time or times as may be requested 13 by the City Administrator or Director of Finance of City, 14 Organization shall submit to the City Administrator, with a copy 15 to the Director of Finance and the San Bernardino Fine Arts 16 Commission, an accounting of the proposed and actual expenditures 17 of all revenues accruing to the Organization for the fiscal year 18 ending June 30, 1989. Financial records shall be maintained in 19 accordance with generally accepted accounting principles by 20 Organization in such a manner as to permit City to easily trace 21 the expenditures of the funds. All books and records of 22 Organization are to be kept open for inspection at any time 23 during the business day by the City or its officers or agents. 24 5. Hold Harmless. Organization covenants and agrees to 25 indemnify and save harmless the City and its employees and agents 26 from all liabilities and charges, expenses (including counsel 27 fees), suits or losses however occurring, or damages arising or 28 2 1 growing out of the use or receipt of the funds paid hereunder and 2 all operations under this agreement. Payments hereunder are made 3 with the understanding that the City is not involved in the 4 performance of services or other activities of Organization. 5 Organization and its employees and agents are independent 6 contractors and are not employees or agents of the City in 7 performing said services. 8 6. Termination. City shall have the right to terminate 9 this Agreement and any funding remaining unpaid hereunder for any 10 reason by mailing a ten-day written notice to Organization and 11 this agreement shall terminate ten days after the mailing of such 12 notice. In the event this Agreement is terminated for reasons of 13 improper use of funds or use of funds for any purpose other than 14 those authorized, any unexpended portion of the funds provided by 15 City shall be returned to City. In addition, Organization shall 16 reimburse to City any funds expended which were used for any 17 purposes other than those authorized under this Agreement. 18 7. Assiqnment. Organization shall not assign its interest 19 in this Agreement without the prior written approval of City. 20 8. Insurance. Organization shall take out and maintain 21 during the life of this Agreement such public liability and 22 property damage insurance as shall insure City, its elective and 23 appointive boards, commissions, officers, agents and employees, 24 Permittee and its agents performing acts covered by this 25 Agreement from claims for damages for personal injury, including 26 death, as well as from claims for property damage which may arise 27 from Organization's or its agents' operations hereunder, whether 28 3 . 1 such operations be by Organization or its agents or by anyone 2 directly or indirectly employed by either Organization of its 3 agents, and the amounts of such insurance shall be as follows: 4 (a) Public Liability Insurance. In an amount 5 not less than $100,000 for injuries, including, but not limited 6 to, death, to anyone person and, subject to the same limit for 7 each person, in an amount not less than $100,000 on account of 8 anyone occurrence; 9 (b) Property Damage Insurance. In an amount 10 of not less than $50,000 for damage to the property of each 11 person on account of anyone occurrence. 12 9. Entire Aqreement. This Agreement and any documents or 13 instruments attached hereto or referred to herein integrate all 14 terms and conditions mentioned herein or incidental hereto, and 15 supersede all negotiations and prior writing in respect to the 16 subject matter hereof. In the event of conflict between the 17 terms, conditions or provisions of this Agreement, and any such 18 documents or instrument, the terms and conditions of this 19 Agreement shall prevail. 20 10. Notices. All notices herein required shall be in 21 writing and delivered in person or sent by certified mail, 22 postage prepaid, addressed as follows: 23 24 25 26 27 28 4 1 2 3 4 DATED: City Administrator City of San Bernardino 300 North nOn Street San Bernardino, CA. 92418 5 6 ATTEST: ~.s:/C{?r 7 8 ~//4?$.~.4h tity Clerk 9 10 11 12 13 Approved as to form and legal content: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Inland Dance Theatres, Inc. Roberta J. Johnson P.O. Box 6033 San Bernardino, CA. 92402 SAN BERNARDINO By INLAND DANCE THEATRES, INC. /' By ,. ~s.\'\emard1no City '. ,iM Arts Commission .' ~ .. ORGAN1ZAT'l CRAm .....PucAnON FL __. , ) .!. ..~ t ~\iOn ...... ,,,,,.,. , Inland Dance Theatres. Inc. P. O. Box 6033 San Bernardino. CA 92412 882-2666 Phone 0733047 CA State N-rrofit ID , Number 01 Years in Emtence !J . T~tIC1pres~e~~~irti J~fnn O-F-F';,.,a 7QR_7830 II. Pro...... C&~Y Under Whi:;h Support ia Requestedt I Dance ~1Od of Support Reqwa1ed 9/1/88 1/31/89 dIru tstartin&) ~&) v. SUIIIIMI'y of Project DescriptioN See attachment VI. Estimated number of perSOIllS expec:tad to benefit from dUI proanm/projecU i~~200 a) Number 01 peflON by paid anenclancel 3,400 b) Number of penons by free or compUmentary admlssionl 6.800 YD. Need statemena See attachment Vlit"lntended Resulw IX. Summary 01 Estimated CoS'tSa TOTAL COSTS OF PROJECT A. Direct Costs SaJaries and waces See attached budget Supplies ac Materials Travel Fixed Assets/Rentals or'Leues Fees and Other B. Indirect Costs TOTAL DIRECT COSTS TOTAL PROJECT COSTS X. OrcanizatiDn anticipated fundin&lexpenses A. ExpenJeI See attached budget B. Revenues, Grants, Contributions, etc. Actual Most Recent Fiscal Period $ $ Estimated This Fiscal Period $ $ XI. Total amount requested from San Bernardino City Fine Arts Commission NOTE: AmOl.l\t Requested $ ~OOO.OO Plus total revenues, $ &rants, contributions, etc. Must eq\,\aJ total project $ costs &Dove xu. CERTIFICATION: Project Officer ~~ Tide President till. 1988 ..... ORGANIZATIOM'GRAHT APLICATION FORM ,11 "ATTACHMENTol/ Section V. Inland Dance Theatres, Inc., has presented the "NUTCRACKER" ballet in December of each year since its inception. The production will be in concert with the Inland Empire Syphony. Although lOT receives financial assistance from individual supporters and other fund raising endeavors, its primary financial assistance for this production has come from the City of San Bernardino. The funds received will be used to off-set the costs of this production. Secti on VI I. lOT has been the leader in bringing dance to the children of our community. In excess of sixty (60) percent of our productions is devoted to special "school performances". Nutcracker annually plays to approximately 6,800 school children, and senior citizens and handicapped persons when seating is available. We believe the public is best served by having a production at the California Theatre with a li ve orches tra. Secti on VII I. The impact of lOT on the youth of our community is immeasurable. Our intentions have been to enhance the fine arts in the community and provide an audience for the arts in the future. Four (4) shows are scheduled for school children, and senior citizens and handicapped persons, with an anticipated audience of 6,800. Two (2) public performances are scheduled with.the anticipated audience of 3,400. ":-. .) ) -'*' BUDGET FOR NUTCRACKER, 1988 :,;t INCOME - ~ SOURCES 40,000 15,000 o Public Ticket Sales School Ticket Sales Non-Revenue Seats Senior Citizens, Handicap, Retarded Children, Etc. Program Sales Nutcracker Shirts Interest Income Audition Fees Founders and Fundraising Total Income EXPENSES Orchestration Orchestra Floor and Stands Chairs } Choreography - Dancers Choreographers Guest Artists Company Dancers Housing - Guest Artists Company Classes Theater Rental - California Theater Stage Hands and Lighting Rent - (Auditions, Rehersals, Etc.) Stage and Sets Sets - New Construction Sets - Repair & Maintenance Set and Costume Storage CLO Drops Other Drops Prop Rentals D:t"Y Ice Move Sets J Costumes New Costumes Repair & Maintenance 1, 100 1,200 o 1000 10,000 68,300 . 33,000 250 100 33,350 10,000 7,500 2,000 500 1,100 21,100 6,500 6,250 2,000 14,750 1,000 1,000 3,600 350 350 150 150 500 7, 100 3,500 500 " r' , ..... I ') Seamstress Co.tume Rental Cleaning Make-up Advertising/Promotion Printed Media Programs, Flyers, Posters Art, Photography, Etc. Print Tickets Video Tape Radio Nutcracker Shirts Administration J 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 Total Expenses Deficit Projected Grants/Funding 800 350 700 150 4,000 2,000 1,500 100 250 1,900 1,200 500 200 500 2,000 350 400 500 500 175 550 100 400 750 San Bernardino Fine Arts Commission Corporate Grants Total Projected Grants Net Deficit ) 6,000 100,950 ID, 9~o 6,925 100,175 (31,875) 26,000 5,875 31,875 o ..