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HomeMy WebLinkAbout18- Mayor's Office CITY, OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Thelma Press, Fine Arts Liaison Subject: Approve recommendation of The Fine Arts Commission to grant Dept: Mayor's Office 16,000 to the Inland Empire Dance Theatres, Inc. Date: September 4, 1998 ORIGINAL Synopsis of Previous Council Action: 1997: Resolution #97-318 approved ($ 17,500) 1996: it #96-315 ( 14,000) 1995: if #95-323 ( 15,000) 1994: ff #94-305 ( 12,000) 1993: it #93-421 ( 22,000) Recommended Motion: MAYOR AND COMMON COUNCIL ADOPT RESOLUTION Signature Contact person: Thelma Press Phone 5133 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: 16,000 Source:(Acct. No.) 001-091-5185 Acct. Description) FIN ARTS Finance: �2 Z JA� Council Notes: X-0 Agenda Item No. Synopsis: Inland Dance Theatres, Inc. In 1976 the Inland Dance Theatres, Inc. with the cooperation of the Unified School District and the San Bernardino Valley Community Concert Association presented the "Nutcracker" Ballet. This first performance in the Inland Empire was so well received it became an Annual holiday tradition presentation. Over these past years many of their local talented dancers have had the opportunity to further their careers. Many others return to assist with the annual production and a second generation involvement. Hundreds of school children have been delighted by the "Nutcracker" Ballet, seeing live performance for the first time. * Estimated Attendance - 11,000 * Number of Performances - 5 * Estimated Costs..........$97,925.00 * Estimated Income..........$791925.00 * Grant requested..........$25,000.00 * Fine Arts Commission recommends..........$16,000.00 O UUON NO D L1 1 �f 2 , RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATERS,INC. FOR THE PROMOTION OF ARTS AND CULTURE 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 8 9 and directed to execute on behalf of said City an Agreement with INLAND DANCE 10 THEATERS, INC., a copy of which is attached hereto marked Exhibit "A" 11 and incorporated herein 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 The authorization to execute the above referenced agreement 13 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 14 15 passage of this resolution. 16 17 18 19 20 21 22 23 24 25 26 27 28 September 22, 1998 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATERS,INC. 1 FOR THE 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 meeting thereof, 5 held on the day of , 1998, by the following vote, to wit: 6 Council Members AYES NAYS ABSTAIN ABSENT 7 ESTRADA — — — — 8 9 LIEN — — — — 10 ARIAS — — — 11 SCHNETZ — — — — 12 DEVLIN — — — — 13 ANDERSON — — — — 14 MILLER — — — — 15 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 19 1998. 20 JUDITH VALLES, Mayor 21 City of San Bernardino Approved as to form and 22 legal content: 23 James F. Penman, 24 City Attorney 25 By: 26 27 28 September 22, 1998 2 98-284 1 AGREEMENT 2 Fine Arts Funding 3 THIS AGREEMENT is entered into between the CITY OF S 4 BERNARDINO, a municipal corporation, referred to as "City" and the 5 INLAND DANCE THEATERS, INC. , a non-profit organization, referred t 6 as "Organization. " 7 The parties agree as follows : 8 1 . Recitals . 9 A. Organization has requested financial assistance fro Ti 10 City for the fiscal year 1998-99, in order to assist in defrayin 11 the expense of certain concerts, shows, festivals, or events or 12 activities sponsored by Organization as set forth in Organization' 13 grant proposal (hereinafter "the proposal" ) approved by the Fin 14 Arts Commission of the City. A copy of said proposal is on file i 15 the Mayor' s Office of Cultural Affairs . The terms of the proposa 16 are incorporated herein by reference and shall govern the uses o 17 the funds provided herein. The financial assistance provided for 18 in this agreement is made on a one-time only basis, and receipt o 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 publi 22 purpose, to wit : for the promotion of art appreciation in Sa 23 Bernardino, as more fully set forth in the proposal submitted b 24 Organization. 25 2 . Payment . Upon presentation of a claim to the Mayor' 26 Office, City shall pay to Organization from the 27 28 -1- Exhibit "A" 98-284 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANCE 1 THEATERS, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 budget for the 1998-99 fiscal year, the total sum of $16 , 00 4 dollars, to cover the costs per the Fine Arts grant application 5 agreement . 6 3 . Use of Funds . The funds paid to Organization shall be 7 used solely for the purposes set forth in Paragraph 1 and in strict 8 compliance with the provisions set forth in the agreement . N 9 deviation from the agreement shall be made without the express 10 approval of the City of San Bernardino . Said funds shall be 11 expended by June 30 , 1999, and any unexpended funds shall be 12 returned to City by Organization. 13 4 . Accounting. Within 20 days after the completion of the 14 event, the Organization shall submit to the Mayor' s Office, with 15 copy to the Director of Finance, an accounting of the actual 16 expenditures connected with said event as it relates to the fund 17 which were provided by the City. Financial records shall b 18 maintained in accordance with generally accepted accountin 19 principles by Organization in such manner as to permit City t 20 easily trace the expenditures of the funds . All books and record 21 of Organization are to be kept open for inspection at any tim 22 during the business day by the City or its officers or agents. 23 Failure to submit the financial records in accordance with this 24 section will result in the Organization reimbursing the City. 25 5 . Hold Harmless . Organization covenants and agrees t 26 defend, indemnify, and hold harmless the City and its employees an 27 agents from all liabilities and charges, 28 -2- 98-284 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANC 1 THEATERS, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 expenses (including counsel fees) , suits or losses however 4 occurring, or damages arising or growing out of the use or receipt 5 of the funds paid hereunder and all operations under this 6 agreement . Payments hereunder are made with the understanding that 7 the City is not involved in the performance of services or other 8 activities of Organization. Organization and its employees an 9 agents are independent contractors and are not employees or agent 10 of the City in performing said services . 11 6 . Termination. City shall have the right to terminate 12 this Agreement and any funding remaining unpaid hereunder for an 13 reason by mailing a ten-day written notice to Organization and this 14 agreement shall terminate ten days after the mailing of suc 15 notice . In the event this Agreement is terminated for reasons o 16 improper use of funds or use of funds for any purpose other tha 17 those authorized, any unexpended portion of the funds provided b 18 City shall be returned to City. In addition, Organization shat 19 reimburse to City any funds expended which were used for an 20 purposes other than those authorized under this Agreement . 21 7 . Assignment . Organization shall not assign its interes 22 in this Agreement without the prior written approval of City. 23 8 . Insurance . Organization shall take out and maintai 24 during the life of this Agreement such public liability an 25 property damage insurance as shall insure City, its elective an 26 appointive boards, commissions, officers, 27 28 -3- 98-284 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANCE 1 THEATERS, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 agents and employees, Organization and its agents performing act 4 covered by this Agreement from claims for damages for persona 5 injury, including death, as well as from claims for property damage 6 which may arise from Organization' s or its agents' operation 7 hereunder, whether such operations be by Organization or its agent 8 or by anyone directly or indirectly employed by either organization 9 or its agents, and the amounts of such insurance shall be as 10 follows : 11 (a) Public Liability Insurance . In an amount not less tha 12 $1, 000 , 000 for injuries, including, but not limited to, death, t 13 any one person, and subject to the same limit for each person, in 14 an amount not less than $100 , 000 on account of any one occurrence; 15 (b) Property Damage Insurance . In an amount of not less tha 16 $50 , 000 for damage to the property of each p y person on account of an 17 one occurrence . 18 (c) Workers Compensation. Organization shall provide worker 19 compensation insurance in the amount required by state law if th 20 funds provided hereunder are to be paid as salary to any employe 21 of Organization. Organization shall require that all rights o 22 subrogation under such policy of workers compensation insuranc 23 shall be waived as to City. City shall be set forth as a 24 additional named insured in each policy of insurance provide 25 hereunder. 26 (d) The Certificate of Insurance furnished to the City shall 27 require the insurer to notify the City of any change or terminatio 28 in the policy. -4- 98-284 1 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANCE THEATERS, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 9 . Obligation. Organization hereby covenants that it has 4 taken all actions necessary to make the adherence to th 5 obligations imposed by this agreement a binding obligation of th 6 organization. 7 10 . Notices . All notices herein required shall be in writin 8 and delivered in person or sent by certified mail, postage prepaid 9 addressed as follows : 10 As to City: As to Organization: 11 Mayor' s Office Jean Roche 12 City of San Bernardino Inland Dance Theaters, Inc. 300 North "D" Street P.O. Box 3691 13 San Bernardino, CA 92418 San Bernardino, CA 9241 14 11 . Entire Agreement . This Agreement and any documents or 15 instruments attached hereto or referred to herein integrate al 16 terms and conditions mentioned herein or incidental hereto, an 17 supersede all negotiations and p g prior writing in respect to th 18 subject matter hereof . In the event of conflict between the terms 19 conditions or provisions of this Agreement, and any such documen 20 or instrument, the terms and conditions of this Agreement shal 21 prevail . 22 12 . Non-Discrimination. Organization agrees that for the ter 23 of this Agreement it shall not discriminate in employment 24 recruitment, hiring, admission practices, advertising or in an 25 other manner on the basis of race, color, creed, religion, nationa 26 origin, sex, physical handicap, or marital status . 27 28 DATED: le h, JO -5- 98-284 AGREEMENT RE : THE CITY OF SAN BERNARDINO AND THE INLAND DANCE 1 THEATERS, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 CITY OF SAN BERNARDINO 4 i 5 C/- Judi hlValles, Mayor 7 8 J 9 ATTEST: _l 0.:�-�tQX-�• ��u/lIV Rachel G. Clark, City Clerk 11 ORGANIZATION 12 13 Approved as to form 14 and legal content : 15 JAMES F. PENMAN City Attorney 16 17 By: 18 19 20 21 22 23 24 25 26 27 28 -6- 98-284 Performing Arts -Grant Application Form City of San Bernardino - Fine Arts Commission I. Applicant Organization (Name, II Contact Person: Jean Roche Address, etc.) Title:-Pre side nt Phone: (909) 783-4824 Inland Dance Theatres, Inc. P. O. Box 3691 III. Program Category Under which San Bernardino, 92413 support is requested: Dance Phone (909) 783-4824 VI. Period of Support Non-profit I.D. 0733047 Requested: Number of Years in existence: 23 Sept 9, 1998 through Dec 6, 1998 Starting Ending V. Project Description: See Attached. VI Estimated number of persons expected to benefit from this program/ project: 11,000 a) Number of persons by paid attendance: 6500 b) Number of persons by free complimentary admission: c) Number of performances scheduled: 5 d) Total Attending all performances: ([a]) plus ([b]) 11,000 VII. Need Statement: See Attached. VIII. Intended Results: See Attached. -6- (PA Revised 6/97) 98-284 V. Summary of Project Description Inland Dance Theatres, Inc will present the 23rd production of Tchaikowsky's Nutcracker Ballet to the community of San Bernardino and surrounding areas, drawing an audience from a diverse group of people. The performances will be December 5 and 6 at the California Theatre for the Performing Arts. During the past 23 years over 100,000 school children have attended the "Nutcracker Ballet ." We are happy to be able to bring a live performance of the Ballet and Symphony into their lives. We try to keep the quality of this production at a high level. This year we are hoping to bring Jennifer Blake one of our local dancers who performs with the San Francisco Ballet back to perform the role of Sugar Plum Fairy. By adding a professional artist to our production, our performance will be enhanced and we will increase audience participation. Our to desire is to encourage and inspire our young dancers and bring them to a higher level of performance. Our cast and the audience is drawn from the diversified community making up the Inland Empire. Many residents are on some type of state or federal aid and would not be able to attend the Nutcracker Ballet if we did not provide a special rate for the youth and senior citizens. This is the best method to expose youth from disadvantaged families to the enrichment of the arts. The Nutcracker is an established Holiday family tradition that we hope to increase our audience participation each year by special outreach programs in the schools and community. 98-284 VII. Need Statement: Inland Dance Theatres, Inc has been a leader in the San Bernardino area for the past 23 years in bringing quality dance productions to the community. The "Nutcracker Ballet" is one example of the best received productions in the area. "Nutcracker" presents an art form that both adults and children especially enjoy. We feel that our "Nutcracker" production is part of the Holiday season for all that attend this production and for those of us that produce, work and dance in the program. For the past 23 the public knows that they can depend on us to present a quality production featuring many of their friends, neighbors and family which has helped to enrich their lives. Over the past years we have come to depend upon the funds that the Fine Arts Commission has so generously awarded Inland Dance Theatres, Inc. We are aware that you have budget constraints and we have presented a budget that reflects our lower costs. This budget is one of the lowest we have presented and we are committed to reduce all of our spending in the hopes that this year will produce more revenue than last year did. Even though we have started other means of support, including advertising in the program we still are in need of City and Community support to make this program possible each Holiday Season. With the many cuts to school funding, we feel that attendance in the school performances will be reduced. In 1997 we were able to sell out two school performances, by aggressively calling all the schools and sending out letters to the county and city schools. In addition we are still very concerned regarding public attendance, and because of these concerns we feel that we must ask for your assistance to guarantee a successful production. Our target groups are the school children, youth groups new and old, residents in the San Bernardino area and in the community that have enjoyed the "Nutcracker" for the past 23 years. IDT, like most community based non-profit organizations, can only exist through the generosity of donations, grants and fund raisers. We recognize that funding for grants is diminishing while competition for scarce funding is increasing. IDT has and will continue to intensify our fund raising efforts to offset the decline in the number and dollar amounts of donations and grants. These efforts will ensure that ID is able to produce the Nutcracker Ballet for the enjoyment of the residents of the Inland Empire for the next 20 years. 98-284 VIII. Intended Results: Unfortunately it is not possible to get an exact measurement of the results of this program. It is our intent to enhance the art in our community and to provide both performances and audiences to attend the performances. We have pulled out all the stops in our plans for "Nutcracker" to accomplish what we have mentioned and we are dedicated to ensure that we do so. We had a sell out of two school performances in 1997 and we hope to add another school performance this year. It is our intent to enhance the enthusiasm for dance in the community by exposing theater and ballet as an art form to the youth in the Inland Empire. Each year the cast of the Nutcracker Ballet is comprised of 98 percent local talent of all ages, ethnicity and social-economical backgrounds. This exposure to the arts is essential to the quality and vitality of the Inland Empire and would be nonexistent or vastly unrealized without the Nutcracker Ballet performances. This year we have a new web site and plan on downloading our audition application over the internet, to increase the amount of people that may not be aware of our audition. We hope that this will increase the number of young adults who audition for the performance. We also hope to increase awareness of our production and generate attendance from areas in the Inland Empire that in the past did not hear of the Nutcracker. This summer five company dancers are performing in Junior Universities production of Alice in Wonderland. Their past experience on the stage in Nutcracker has provided these dancers with experience and has opened up new venues of performing experiences. We are proud to tell you that three of our company members who graduated this year have been accepted at the University of California Irvine. 98-284 ------------------ -- IX. Total anticipated expenses for this period: Salary & vVages $ Supplies & Material $ Travel $ Fixed Assets/Rentals or Leases $ Outstanding loan payments $ Fees & Other $ See Attached. Total Costs: $97,925 X. Total anticipated income for this period: Most Recent This Fiscal Period Fiscal Period Income from performance $ $— Revenue (stocks, bonds, rentals, etc.) $ $— Grants $ $ Contributions $ $ Funds from support groups $ $— Other $ $— See Attached Total Income $ 87,620 $ 79,925 XI. Amount requested from the San Bernardino Fine Arts Commission: a) Total Costs (Section DQ $ 97,925 b) Total Costs (Section X) 7 $ 9,925 c) Amount Requested (a) minus (b) $ 25,000 Percentage requested: (Amount Requested divided by Total Costs) 25.52% -7- 98-284 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 (D) 2 . 28 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? See Attached XIII . Provide a brief history/background of the organization: See attached CERTIFICATION: Project Office_r:Jean Roche Title : President Phone Number: 909 783-4824 Date : July 27 . 1998 (PA Revised 6/96) -8- 98-284 XII. FUTURE OBJECTIVES: We are committed to finding ways to fund our performances without outside help, by use of aggressive fund raising projects. These projects are special performances for target groups such as any youth organizations in the area, obtaining grants from large corporations and getting more information out to the local community regarding "Nutcracker" . We have sent out fund raising letters to mayor companies in the area at this time. Our major concern is the uncertainly concerning the California Theatre and what will become of this Historical part of San Bernardino? Will it be there for our productions in the future and how will we access the Theatre if the new Cinemas are built, leaving only a fire lane for loading and unloading the Theatre. We are much stronger this year, most of the plans for the production are being placed in motion with eight board members in attendance at most meetings. Because of this strength we look forward to producing many quality Ballet performances in the future. 98-284 XIII. Brief History of the Organization The "Nutcracker Ballet" was first presented in 1976 by Judy Noerr. This production was the combined efforts of the San Bernardino Valley Community Concert Association, the City Unified School District and numerous volunteers. The first production was performed to taped music. The next year we put together our own orchestra under the direction of James Guthrie. In 1977 we started Community Arts Productions, a community based nonprofit corporation. We are proud to say that the San Bernardino Symphony has provided orchestration for us for the past several years. In 1987 we changed the name of Community Arts Productions to Inland Dance Theatres, Inc. to reflect the other communities that we serve. The generosity of individuals, organizations, governmental agencies and other business has enabled Inland Dance Theatres, Inc. to assemble productions far beyond the scope of most companies. The theme is the same today as it was when the first"Nutcracker" was produced, to bring quality performances to the community and to brighten the lives of school children from diverse backgrounds, who might never have had a chance to see a live performance and a cultural event of this nature. 98-284 Inland Dance Theatres, Inc . Board of Directors 1998 Adalphe, Annette 1160 E. 28th Street San Bernardino, 92404 883-2164 Amendt, Tony 1433 Sterling Rd. Redlands, Ca 92373 793-2923 Blake, Darlene 5961 Rogers Lane San Bernardino, 92404 862-0640 Buls, Leah 995 W. 59th Street San Bernardino, 92409 886-9097 Evans, Lynette 2843 Fremontia San Bernardino, 92409 883-2861 Imbese, Helen 577 W. 36th Street San Bernardino, 92405 886-2396 Levesque, John 23248 Glendora Drive Grand Terrace, 92313 824-2328 Melanson, Flo 1050 W. Marshall San Bernardino, 92405 882-6239 Newman, Evie 1213 Anthony Redlands, 92374 794-7975 Roche, Jean 22392 Ladera Street Grand Terrace, 92313 783-4224 818 562-8503 Silver, Barry 1783 E . Sonora Ave San Bernardino 92404 886-5964 882-2116 »4 A C I T Y O F 4 an bernardino R A C H E L C L A R K C I T Y C L E R K October 7, 1998 Jean Roche Inland Dance Theater P. O. Box 3691 San Bernardino, CA 92413 Dear Jean: At the Mayor and Common Council meeting of October 5, 1998, the City of San Bernardino adopted Resolution 98-284 authorizing a fine arts funding agreement. Enclosed is an original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box 1318, San Bernardino, CA, 92418 as soon as possible. You will be mailed an executed copy for your files. Please be advised that said resolution will be null and void if it is not executed within sixty (60) days — December 4, 1998. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Rachel Clark City Clerk By: Melanie Miller, Senior Secretary RC:mam Enclosures P . O . B 0 X 1 3 1 8 , S A N 8 E R N A R D I N 0 , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R 0 1 N O . C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - S 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 . 5 1 S 8 T D D / T T Y - ( 9 0 9 ) 3 8 4 . 5 5 4 0