HomeMy WebLinkAbout1979-145
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RESOLUTION NO. 7'1- /-f/..;;'--
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CENTER STAGE REPERTORY COMPANY, A
TOURING THEATRICAL GROUP, RELATING TO PUBLICIZING AND PROMOTING
THE CITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY I
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 Center Stage Repertory Company, a touring
theatrical group, relating to publicizing and promoting the City,
a copy of which is 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 ~Afh~).
on the c<~ day of ~
meeting thereof, held
, 1979, by the following
vote, to wit:
NAYS:
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AYES:
ABSENT:
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The foregoing resolution is hereby approved thO
of 4u;t , 1979.
~edas~
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C~ty A orney
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A G R E E MEN T
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(Publicizing and Promoting the city)
~ day of
THIS
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a municipal
AGREEMENT is made and entered into this
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, 1979, by and between the CITY OF SAN BERNARDINO,
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corporation, hereinafter called "City", and RANDY WEST,
6 an individual,CATIrr BLE~R, an individual, KRIS CARLISLE, an
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individual, EARL WEAVER, an individual, ROBERT FEE
, an individual,
8 KATY LOGAN, an individual, KATHY LEETZQW , an individual, operating
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together as the CENTER STAGE REPERTORY COMPANY, and hereinafter
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individually and collectively called "Company".
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WIT N E SSE T H:
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WHEREAS, City, through its Park and Recreationpepartment,
13 agrees to sponsor Company as a touring theatrical group through-
14 out Southern California and elsewhere as requested; ~nd
15 'WHEREAS, Company will perform two Broadway music~s -
16 "Side by Side" by Sondheim, and "Starting Here, Starting',Now" by
17 Richard Malthy, Jr. and David Shire, and assist in a large-scale,
18 summer, musical production in San Bernardino; and
19 WHEREAS, it has been determined that sponsorship of Com-
20 pany will benefit the City, and its inhabitants, by promotion of
21 tourism, commerce and industry, as well as provide entertainment
22 to residents of City,
23 NOW, THEREFORE, in consideration of the agreements, coven-
24 ants, conditions, promises and legal detriments herein contained,
25 the parties hereto agree as follows:
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1. General. The Mayor and Common Council of the City of
27 San Bernardino have found and determined that it will be beneficia
28 and advantageous to City, and its inhabitants, to retain Company
EXHIBIT "A"
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1 for the general purpose of publicizing and promoting the city
2 of San Bernardino through its touring theatrical group.
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2. Obligations of Company. Company will:
(a) provide transportation to all performances;
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(b) have both touring shows ready for presentation by
6 June 1, 1979;
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7 (c) be available to perform throughout the period June 1, I
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8 1979 through December 31, 1979, subject to an agreed upon perform-
9 ance schedule arranged in advance;
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(d) provide City with a list of cu~rent booking contracts
11 by April 15, 1979;
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(e) provide all information necessary fore publicity;
(f) perform not less than two fuus'ical, plays' ("S'ide by
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14 Side", and "Starting Here, Starting J::iIow") under the terms of this
15 agreement. Each play will be performed a minimum of ten times in
16 the City of San Bernardino. Arrangements will be made for
17 attendance at dress rehearsals by participants of Park and
18 Recreation Department's Community Centers and/or performances at
19 a number of these sites to be determined by the City's Super-
20 intendent of Recreation;
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(g) provide for the general public, in San Bernardino,
22 at no cost, a workshop demonstrating how musical theater is
23 produced;
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(h) be responsible for state and federal income tax
25 withholding, social security payments, and state disability
26 payments for company members, t~rough its business manager;
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(i) assist City in fund-raising and general theater
28 assistance for a summer musical production in the City of San
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1 Bernardino, with a possible performance in San Diego in August,
2 1979;
3 (j) acknowledge ,sponsorship by City in all advertising.
4 3. Obligations of City. City will:
5 (a) advance funds in an amount not to exceed $750.00 to
6 obtain the right to use the two musicals for the season;
7 (b) advance costs for publicity, to include news releases,
8 posters, programs and photographs not to exceed an amount of
9 $250.00;
10 (c) provide or advance costs of properties necessary
11 eor productions not to exceed $15,0.,00;
12 (d) have control ofreciiipts and disbUrsements of funds
13 for all productions within the c~ty of ' San Bernardino, through
14 its designated representative. ~or productions outside the
15 Ci ty of San Bernardino, Company, through its business manager,
16 will be responsible for collection of all funds. Company shall
17 deposit with City all funds collected within five working days,
18 and City shall make all necessary disbursements within ten
19 working days;
20 (e) mail monthly royalty payments to publishing companies;
21 (f) coordinate all bookings in the City of San Bernardino
22 with Randy West. Bookings outside the City of San Bernardino will
23 be controlled by Company through its business manager.
24 4. Payments. All funds collected by either party shall
25 be transmitted to City. City shall retain 70% of such funds and
26 disburse 30% to Company until City has received sufficient funds
27 from its share to cover all costs advanced or incurred by City.
28 After City's costs have been met, the receipts from any and all
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1 further sources shall first be utilized to pay reasonable trans-
2 portation costs of Company, not to exceed fifteen cents per mile,
3 for each member, and the balance shall be divided 65% to Company
4 and 35% to City.
5 5. Term. The term of this agreement shall commence
6 April 1, 1979, and terminate December 31, 1979.
7 6. Hold Harmless. Company hereby agrees to, and shall,
8 hold City, its elective and appointive boards, commissions,
9 officers, agents and employees ha~mless from any liability for
10 damage or claims for damage for personal injury, including death,
11 as well as from claims for property damage and all other claims
12 which may arise from Company's services,.whether such services
13 be by Company or by anyone or more persons directly or indirect-
14 ly employed by or acting as agent for Company. Company agrees
15 to and shall defend City and its elective and appointive boards,
16 commissions, officers, agents and employees from any suits or
17 actions at law or in equity for damages caused, or alleged to have
18 been caused, by reason of any of the aforesaid services.
19 7. Relationship of Parties. Company and its individual
20 members are acting as independent contractors, and not as
21 employees of City. In the performance of personal services
22 pursuant to the provisions of this agreement, Company shall not
23 be supervised, directed, or under the control or authority of any
24 City officer or employee, except and to the extent as may be
25 expressly or implicitly required by the terms and provisions of
26 this agreement. Any direction or control so required under this
27 agreement shall be limited to broad objectives or goals of the
28 project or program to be accomplished and not to the details and
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1 procedures to accomplish such objectives or goals. Company shall
2 not be obligated to conform to the supervision or direction of
3 City officers or employees which are not authorized herein.
4 Changes or modifications of said objectives and goals may be made
5 by written recommendations of either party sUbject to the con-
6 currence of the other party in writing.
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8. Termination. Should Company or individual persons
8 named herein fail to comply with any term, condition or provision
9 of this agreement, City may terminate this agreement by giving
10 10 days written notice to Company. Upon such termination,
11 City shall be under no further obligation to Company hereunder
12 irrespective of the existence of any profits from productions.
13 Company agrees to pay to City an amount equal to all fees paid
14 by City to publishers for any production not performed because of
15 termination. City s~all have the right to terminate this agree-
,
16 ment for any reason by giving 30 days a4vapce written notice to
17 Company.
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9. Notices. All notices herein required shall be writing
19 and delivered in person or sent by first class mail, postage pre-
20 paid, addressed as follows:
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City of San Bernardino
Park & Recreation
300 North "D" Street
San Bernardino, CA 92418
Center Stage Repertory Company
c/o University of Redlands
1200 East Colton Avenue
Redlands, CA 92373
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10. Entire Agreement. This agreement represents the entire
25 agreement between the parties hereto, and said agreement can only
26 be amended by a written agreement executed by all of the parties.
27 Failure on the part of any party to enforce any provision of this
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1 I agreement shall not be construed as a waiver of the right to compe
2 enforcement of such provision or provisions.
3 IN WITNESS WHEREOF, the parties hereto have executed this
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agreement on the date first hereinabove written.
I CITY OF SAN
ATTEST:
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Oi'ty Clerk
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CENTER STAGE
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By
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. By f.l~ h.\ ~6D-V\.
Earl Weaver
. ByiQ;l;iJ/11 d JJg2
frKBthleen-A. Lee{fl~
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By
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