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HomeMy WebLinkAbout1988-429 .' ,I. 1 2 3 4 5 6 7 8 9 10 11 12 I 13 I 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-429 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CELEBRITY CONCERT SERIES 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 the Celebrity Concert Series 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 reqular meeting thereof, held on the 21st day of November 1988, by the following vote, to wit: AYES: Council Members Estrada Reilly Flores Maudsley Minor Pope-LudlAm NAYS: None ABSENT: Council Member Pope-Ludlam ~A'4?~~~ .' ci ty Clerk The foregoi ng resolution is hereby approved thi 5 ~U day of November , 1988. <,Resolution for the Celebrity Concert Series 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 oved as to form and legal content: .~ Attorney jl I 1 2 3 4 5 6 7 8 9 10 11 12 1~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (~ .ti,",} f i AGREEMENT Fine Arts Fundinq THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the Celebrity Concert Series 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 1988-89, in order to assist in defraying the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organi- zation'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 in- corporated herein by reference and s~all govern the uses of the funds provided here-in. The financial assistance provided for in this agreement is made on a one-tim~ 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 munici- pal public purpose, to wit: for the promotion of music appreciation in San Bernardino, as more fully set forth in the proposal submitted by Organization. 2. Payment. Upon presentation of a claim to 1 2 3 4 5 6 7 8 9 IP Il 12 I 13 14 1~ 16 17 18 19 20 21 22 23 24 25 26 27 28 the City Finance Director, City shall pay to Organiza- tion from the budget for the 1988-89 fiscal year, the total sum of twenty thousand dollars, to cover the costs per the Fine Arts grant application agreement. 3. Use of Funds. The funds paid to Organi- zation 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, 1989 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, 1989. Financial records shall b~ maintained in accordance with generally accepted accounting principles by Organization in such a manner as to permit City to easily trace the expendi- tures 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 offi cers or agents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 r 21 22 23 24 ~~ 26 27 28 5. Hold Harmless. Orga~ization covenants and agrees to indemnify and save harmless the City and its 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 acti- vities of Organization. Organization and its employees and agents are independent contractors and are not emp- loyees or agents of the City in performing said ser- vices. 6 Termination. City shall have the right to terminate this Agreement and any funding remaining un- paid 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 fun~s 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. Assignment. Organization shall not assign its interest in this Agreement without the prior written approval of City. 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 8. Insurance. Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, comm- issions, 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's or its agents' 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 occurr- ence. 9. 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. 1 2 3 4 5 6 7 $ 9 1~ 1~ 12 , 13 \ 14 15 16 17 18 19. 2Q 21 22 23 24 25 26 . I 27 28 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: City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 As to Organization: Celebrity Concert Series (A Subsidiary Program of the San Bernardino Civic Light Opera) P. o. Box 606 San Bernardino, CA 92402 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 negotia- tions 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 condi- tions of this Agreement shall prevail. DATED: du~ ~/f'ff ATTEST: ~;7'.hf ~4/~~ / City Clerk CITY OF SAN BERNARDINO !~;J:ry AGREEMENT: CELEBRITY CONCERT SERIES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I Organization " / , oJj.+l~.I/A~/~J. el1/76 ~11/;- t?~/t,~F 'f)AJdJ:_ - - /~<7#fi'rj/uy; Approved as to form and legal content: ty Attorney 16 17 I 18 : 19 20 '. .i 21 22. 23 24 , , , I 25 26 27 28 t . ':' . ~ f t . Ceiebrity Concerts Series Proposal Fine Arts Commission San Bernardino, CA CHECKLIST This checklist must be attached to the front of your application. Use this form to make sure you have properly completed your application. Applications not properly developed may receive a lower ranking or be rejected without consideration for funding. 1 . Is the application typed? XI Yes 2. Are all pages in proper order and numbered? IXI Yes 3. Does supplemental material refer to appropriate section numbers? !XI Yes 4. Are all elements answered on page one? 1)\1 Yes 5. Does the need statement really present a valid, easily understood need? IXI Yes 6. Is there a target group identified in the need statement? XI Yes 7. Does the need statement express a local need? /AI Yes 8. Do your intended results explain activities you plan to do in order to meet the needs you have identified? lKJ Yes 9. Did you explain and specify in measurable terms your intended results on the target group? iXJ Yes 10. Did you respond to the application instructions element-by-element? IX/ Yes 11 . Is your budget in line item detailed on supplemental sheets? IX; Yes 12. Are your calculations accurate? f\1 Ye-s 13. Is the document signed by the director or board president or a~thorized signature? IX( Yes 14. Is each application stapled individually? fA! Yes 15. Are there copies being forwarded to the City Fine Arts Commission Office? Ir/ Yes 16. In re-reading the application from beginning to end, is :here continuity of thought? IX; Yes 17 . Is the checklist complete and attached to the original a~plication? IX; Yes 18. Are you filing the application within the appropriate time frame? ~ Yes Sfn Bernardlno City . fine Arts Com'm i.ssion UKfw^NlZA 1100 GAANT ~PL1~^ TION FOR.w - 'I. ^ llcant Organiution arne, address, et CffEBRITY CONCERT SERIES A Subsidiary Program of the San Bernardino Civic Light Opera P.O. Box 606 San Bernardino, CA 92402 p~ 714/882-2545 CA State Non-Profit 10 , 0222141 Number of Years in Existence 42 De Contact Person c. Dale Jenks Ti tJe G e n era 1 Man a q e r Phone 8 8 2 - 2 54 5 ID. Program ~ tegOl'Y Under Which Support is Requesteds Mus 1 c -- iv. Period 01 Support Requested Au q us t 1 9 8 8 thru J u I y 1 9 8 9 (S tar ting) (Ending) V. Summary of Project Description: To create a new series of music concerts to be known as CELEBRITY CONCERTS SERIES which would be booked as a season subscription series for the people of San Bernardino and the Inland Empire. The program content of the CELEBRITY CONCERTS (continued on Attachment #1) VI. Estimated number 01 persons expected to benefit from this pro&ram/project: 16,000 a) Nwnber 01 persons by paid attendance: 15,600 b) Number 01 persons by free or compUrnentuy admissiON 400 YD. Need statement: Within greater San Bernardino three major performing arts organizations comprise all our professional artist presentations. They Are: Inland Empire Symphony Association, San Bernardino Civic Light Opera Association, and San Bernardino Valley (continued on Attachment #2) VUI. Intended Results: International and national studies (such as the annual Harvard University series "Arts and Business") reports that a city or a unit of people deprived of cultural esposure are less harmonious and productive that the individual who is provided (continued on Attachment #3) IX. Summary 01 Estimated Costs: (T\vo Perf) Per Concert A. Direct CoSU Salaries and wages. . . . . . . . . . . . . . . . . . . . 23 , 212 S uppHes ~ Ma ter ials . . . . . . . . . . . . . . . . .. 6, 7 5 0 Travel .... 0" . . . . . . . . . . . . . . . . . . . . . .. 1, 000 Fixed Assets/Rentals or 'Leases . . . . . . . . . . 0 Fees and Other . . . . . . . . . . . . . . . . . . . . .. 4,000 TOTAL DIRECT COST~~_.:.: ~ 3"4, %2 B. Indirect Costs. . . . . . . . . . . . . . . . . . . . . . . 0 TOTAL PROJECT COST.S '. .,-,-. .34,962 (continued on Attachment #4) X. Or ganiza t.ion an ticipa ted f l.Wld.ing/ expenses: A. E xpen.ses B. Revenues, Grants, Contributions, etc. (continued on Attachment #5 Tota! amoWlt requested from San Bernardino City Fine Aru Commission NOTE: AmoWlt Requested $ 20,000 P Ius total revenues, $ 11 Y , 848 grants, contributions, etc. Must equal total project $ 139,848 costs above Xl. XD. CER TlFlCA nON: Pro ject Officer Phone Nwnber ~_ Four .:Concer},s ( 92,848 < 27,000 ( 4,000 < 0 ( 16,000 ~ 139,848 < 0 5 139,848 Actual Most Recent Fiscal Period $ 0.00 $ 0.00 Estima ted This Fiscal Period $ 139,848 $ 119,848 Note: This request is seed money to activate the program. Title Date . .Application, Fine Arts Commission Celebrity Concerts Series Attachment #1 v. Summary of Project Description, continued SERIES" wculd bp the engaging of nationally renowned artists in order to broaden the cultural experiences of the citizens of our communi ty. Tl-e four e~/ents me.king up tt.e s€:ason program of CELEBRITY CONCERTS, season subscription and/or individual ticket sale, would be offered in a twelve months period at the California Theatre of Performing Arts. ECLch of the four concerts would offer t"o performances. Application, Fine Arts Commission "Celebrity Concert Series Attachment #2 VII. Need Statement, continued Communi ty Concert Association. Tl~ese tl.1ree organizations helve developed programs in their specialty (orchestra, soloists, dance, group performers, and Broadway musicals). Tte area not presently offered to tte citizens are orofessional concerts featuring the outstanding pooular nationally and internationally known artists. The exceptional concert artist of iriternational renown who is kno\vn fc,r tr,eir concert tours would be interested in performing in our city in the one theater that is professionaly equipped to meet their performing needs. Tllese celebr i ty concert arti sts would incl ude the follow- ing possiblities: Vickie Carr, Ella Fitzgerald, Debbie RElynolds, and Donald O'Connor, Victor Borge, Charo, Mel Torme, Trini Lopez, Chet Atkins, Roy Clark, The Rhythm Kings, The Temptations, the Four Tops, Los Lobos, Leslie Uggams, Joe Williams, Mitzi Gaynor, Rose- mary CJooney, The B~g Bands with their featured artists such as Artie Shaw Orchestra with Paula Kelly and The Mcderneres, Johnny Mathis, The N~w Dave Brubeck Quartet, etc.. T~ese internation- ally known artists would not easily be programmed by our current three major professional performance organizations. Tl-e need for development of a CELEBRITY CONCERT SERIES is to fill this void presently existing in the cultural offerings in San Bernardino and the lives of our fellow citizens. . '. Applicatioin, Fine Arts Commission .Celebrity Concerts Series Attachment #3 VIII. Intended Results, continued well rounded visual and performing arts programs. T~is new concept of CELEBRITY CONCERT SERIES should cause our citizens te, feel. tl,ey are no le.nger d(~prived or left out from seeing our national and international popular artists. This program wculd help round out the cultural exposure for all of greater San Bernardino. I n a c1 d i t ion, sur v e y s h CI. ve p r ov e d t hat pro f e s s ion all y developed performing arts programs improves tlte well being of individuals who support the activity. Bringing to our city artists as listed above would bring business to a Convention and Visitors Bureau, hotels, restaurants, shops, and travel industries. TIle performance of a national or international figure draws people to a given place and businesses as well as our city as a whole would benefit. Transportation problems in traveling into Los Angeles have caused many to re-think how they may fulfill their cultural needs. Our freeways, now pJ.agued with accidents of toxic waste spills, double haul trucks wrecked blocking traffic flow, and the danger of driver h~rrasment, has caused our Inland Empire citizens to reconsider the danger of travel into the Los Angeles area. The development of celebrity popular artists concerts in San Bernardino will provide our people the opportunity of less travel outside our area for cultural performances. The population:expansion of our city and the Inland Empire creates the need for determining the cultural growth as well as residence, business and professional growth. As the population grows the cultural"growth of our city must be planned. A new cultural offering, such as Celebrity Concerts Series, creates another activity to meet the needs of an expanding city. The end result will be four fold: (A) Cultural offerings for our citizens will be ex- panded plus enhance tte ci.ty, (B) Local businesses will have additional sales and potential growth, (C) The image of our city will be in keeping with the national progressive movement of utilizing the arts to create a cultural life making our city appear in a most positive light, (D) Our city is a growing megalopolis attracting national business interest and a well rounded cultural life is a positive selling quality. Since tbis proposed new performing arts program is deal- ing with the renowned professional artist of our time, our city and its cj.tizens will have an unprecedented series of shows to supplement our current presentations. .. . Application, Fine Arts Commission ~Celebrity Concert Series At.tachment #4 IX. Summary of Estimaed Costs, continued The following is an itimized breakdown of the five major categories listed above in the Direct Costs item. They are: A. Direct costs: Per Concert Salaries and wages:.....~........ 23,212.00 Artists....................... 20,000.00 Office staff................... 1,000.00 Theatre technicians............ 1,000.00 Theater rental................ 1,012.00 Security...................... 200.00 Supplies and materials:........... 6,750.00 Printing"News of Note"(1/8 cost)l,OOO.OO Mailing"News of Note"(1/8 cost) 500.00 5 Newspaper ads (X 2)......... 3,000.00 Radio ads..................... 1,750.00 Flyers/posters................ 250.00 Office costs: phone, lights., water, heat, office supplies & equipment................ 250.00 Travel.(auto, air, limo).......... 1,000.00 Fixed Asets/Rentals or Leases..... 0.00 Fees & Other.......................4,000.00 ASCAP fee....................... 500.00 BM I fee......................... 5 (j 0 . 00 Hcuse musicains ................1,000.00 Public relations, media moments, with city officials.............500.00 Educational visits ..............500.00 Program printing.............. .t. 500.00 Theater special fittings........ 500.00 (ramps, risers,special curtains) I', .. . Application, Fine Arts Commission ~Celebrity Concert Series Attachment #5 X. Organizatioin Anticipated Funding/Expenses, continued Ticket Prices, Potential Gross: Tickets: PE~r Performance 1,250 X $25.00 = 500 X $18.00 = $31,250 9,000 Potential Gross: One performance $~0,250 Two performances $80,500 (the potential gross does not include (the performer percentage negotated).