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Home My WebLink AboutR-2011-057 Fair Based Productions Agreement RESOLUTION NO. R-2011-057 A RESOLUTION APPROVING AN AGREEMENT WITH FAIR BASED PRODUCTIONS FOR THE RIVERSIDE COMMUNITY THEATER EXPERIENCE AND APPROVING EXECUTION OF AN AGREEMENT IN CONNECTION WITH THE PROVISION OF SUCH SERVICES WHEREAS, the City issued a request for proposals for the provision of community theater production services within the City and Fair Based Productions submitted its proposal to provide such services; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enhance the activities offered within the City at the Riverside Community Center by entering into a c�operative agreement with the Fair Based Productions to provide such services as set forth in the Agreement attached hereto and incorporated herein by reference; and WHEREAS, the Board of Aldermen further find that the activities and services provided by the Fair Based Productions contribute to the welfare of the City as well as the economic and social potential of the City and its residents, that such services are important to the welfare of , the City, and that the provision of the activities and support of such services and activities are for a public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE 80ARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT execution of an agreement with the Fair Based Productions to provide Community Theater Production Services at the Riverside Community Center in substantially the same form as Exhibit "A" attached hereto, is hereby authorized and approved; and FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such service agreement and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, thef�—day of July, 2011. � � Mayor Kathleen L. Rose ATTEST: / v Robin Littrell, City Clerk Approv as to form: a Tho pson, City Attorney AGREEMENT THIS AGREEMENT entered into on this �� day of .lc,�� , 20ll, by and beriveen the CITY OF RIVERSIDE, MISSOURI ("City"), and the FAIR BASED PRODUCTIONS ( Provider"). WHEREAS, the Provider is a Missouri corporation providing community theater services ("Services") for public entertainment a�id enjoyment; and WHEREAS, the Provider desires to enhance the activities offered by the City at the Riverside Community Center ("Property") by producing three live theater shows which will be available to residents of the City as set forth herein; and WIIEREAS, the City finds it is in the best interest of the City to offer the community theater program established by the Provider on the Property; and WHEREAS, the parties desire to set forth the terms and conditions upon which such services with be provided on the Property; NOW THERCFORE, IN CONSIDERATION of the mutual covenants and agreements set forth herein, the parties agree to the following� l. That the Provider sha(I provide the Services set forth in the Project Narrative attached hereto as Exhibit "A" during the period begi�uiing August I, 201 1 and ending June 30, 2012. 2. That the Provider agrees to maintain liability insurance as well as insurance on its own equipment and personal property during the term of this Agreeme��t. The Provider will defend and indemnify City against any claims, losses or expenses resulting from the Provider occupancy and use of the Yroperty under this Agreement. 3. That the Provider agrees to execute and satisfy the conditions of the City's standard Facility Use Agreement as set forth in Exhibit "f3" for use of the Property, with the sole exception of Paragraph 1 relating to Licensed Space Paymcnt and time limitations whicl� are specifically set fortl� herein. 4. That the Provider will obtain a signed Consent and Release Form as set forth in Exhibit "C" from the parent or legal guardian of each participant in the program who is under the age of 18 and provide a copy of such form to the City. IN WITNESS WHEREOF, the parties have executed this Agreement the d1y aud year first above written. CITY OP RIVERSIDE, MISSOURI ^ , , � � ��Plavid Blackburn, City Admimstrator ATT � �� , 0 Robin Littrell, City Clerk FAIR BASED PRODUCTIONS Signatur : Print: �•� !Y o�,v 4 I^ Title: � (,�) s(J � I � � RSID FACILITY USE AGREEMENT RIVERSIDE COMMUNITY CENTER 4498 NW HIGH DRIVE � -- �� RIVERSIDE, MISSOURI 64150 r "`F�H��;�r�n� PH:816-741-4172 i Family/Organization: �fj�(Z ��}SEQ �,pu�"] ExpectedAttendance: � Renter(s) Name: �,n� � ,r. p � p�Sq�ST This person is responsible until the last mem6er of the group has left, and for all cleanup and damages. Address: . ��'j / �. �'� N P �r , v� City/State/Zip: �Q �e ��, vk c�r.+ %s �� o 'l��s Phone Number: 8/� � '/Q 8`6 Other Number. Purpose of Rental: O Business Meeting O Reception O Party O Reunion O Banquet O Dance � � Other. K Ce>m.a•. i ,c,,,}fre �C�.�ears�lS NOTE: All Community Center facilities are rented in four (4) hour blocks, including set up and take down. The fee below reflects the rate for each four hour block. The deposit charge covers the entire rental period. 1. LICENSED SPACE PAYMENT The City of Riverside grants Renter(s) permission to use, subjed all provisions of this Focility Use Agreement and the Riverside Community Center Policy, the following space(s) on the date(s) and at the time(s) specified below: Time of Use No. of Seturity Rental Other Date From To Blocks Deposit Fee Fees Meeting Room 1 or 2 ,� .�:7, ��J, �z5 �y :� r Deposits: R: $50, NR: $250, Comme �ial: $250.S�p � (� r ��/� �y� 7,f��j'( �( `'�/9j Fees: R� $30, NR: $45, Commercial: $65 Multipurpose Room/Gym 5��/$; Ig, • o, :Z/� ?.? �J,.?`� Deposits: R: $400, NR: $1,OOQ Commercial: $1,000 ,2 � 7 Fees: R: $200, NR: $500, Commercial: $650 � ' � / /� /� / KILChEII (only in conjunction with other rental) Deposits: R: None, NR: $3D0, Commercial: $300 Fees: R: $25, NR: $45, Commercial: $45 AMOUNT PAID O Cash or O Other O BALANCE OWED or O PAID IN FULL Community Center staff will determine the applicability of the following fees depending on the type and size of event. - Staff Fee: $25 per hour - Public Safety Fee: $50 per hour per officer 2. PAYMENTSCHEDULE Payment of the rental fee is required twenty-one (21) days prior to the scheduled use of the facility and must be made in the City Clerk's office. Failure to make such a payment in full within the required time period shall be deemed a cancellation by the Renter(s). Refunds will be made only in case of severe weather or unusual circumstances and must be approved by the City Administrator. 3. SECURITY OEPOSIT A security deposit is required to reserve all dates. The deposit is refundable at the conclusion of the use time period following inspection and provided all clean up is complete, all amounts due under the Focility Use Agreement have been paid and no damages are found. Direct and indirect costs for additional cleaning or repairs will be deducted from the appropriate security deposit. The City Administrator or his/her designated representatives will determine deductions to be made from security deposits. In the event the cost of repairs and/or labor charges exceed the amount of the security deposit, the difference will be billed to the Renter�s). 4. USE OF LICENSED SPACE Renter(s� will be permitted access to the facility for event preparation only at the time specified on the Facility Use Agreement. Termination of the event must allow for adequate time to complete all clean up, storage of equipment and the walk-through inspection prior to the end of the use time period. 5. GENERAL RESTRICTIONS • No smoking is allowed within any porion of the Community Center. • No drugs of any nature shall be permitted on City property. • No candles allowed, except for floating or battery operated. • The kitchen may be used for warming and serving only. Cooking or meal preparation is not allowed. 6. USE RESTRICTIONS Renter(s) shall not have the use of, or permit others the use of, any City facilities or equipment not specifically covered in this License, such as the meeting roums, offices, office phone, kitchen, etc. Normal use of public areas such as foyers, halls and restrooms are permitted. The facilities covered by this License shall be used only by Renter(s) and patrons or guests of Renter(s). This License may not be reassigned. 7. CLEANING Renter(s) shall be responsible for entire clean up of all licensed facilities and shall leave said facilities in same or better state of cleanliness as when first entered, normal wear and tear expected. Renter(s) shall not use any city janitorial supplies except on the authority of Building Maintenance Custodian. Renter(s) shall pay any janitorial charges incurred by the City to return licensed space to normal state of cleanliness. 8. DEFACEMENTOFFACILIN Renter(s) shall not injure, mar, or (in any manner) deface City premises or any equipment contained therein, will not drive nails, hooks, tacks or screws into any part of the building, and will not affix by adhesives any signs, posters, notices, or graphics of any description without written consent of the City. Renter(s) agrees that if the premises are damaged by the act, default or negligence of the Renter(s), patrons guests or any person admitted to the premises by the Renter(s) or Renter(s) agents, then Renter(s) shall pay to the City, upon demand, such sum as shall be necessary to restore said premises to their original condition, ordinary wear and tear expected. 9. INDEMNITY Renter(s) agrees to defend and indemnify the City, its officers, agents and employees from all claims of every kind including all costs of defense arising out of, or which would not have occurred but for Renter(s) use of the facilities licensed herein. Renter(s) accepts the building and equipment in an "as is" condition. Renter(s) shall be responsible for proper conduct of any and all persons present during the use of the facility, and must be personally present at the facility throughout the use of the facility. 10. DISCRIMINATION Renter(s) agrees that, during the use of the facility, Renter(s) will not exclude anyone from participation in, deny anyone the benefits of, or otherwise subject anyone to discrimination because of race, religion, color or national rights. 11. CANCELLATION POLICY Individuals or groups requesting cancellation of reservations for any part of the Community Center rental space must do so at least thirty (30) days prior to the scheduled use date. Notice of cancellation shall be made in person or in writing to the City Clerk's office by the Renter(s). If the cancellation request is received less than thirty (30) days prior to the scheduled use date, or if Renter(s) fails to use the facility on the scheduled use date, the Renter(s) will forfeit a portion of the required security deposit in an amount equal to the rental fee for the scheduled use of the facility. Exceptions to this may be made on a case-by-case basis in the event of severe weather or unusual emergency. 12. COMPLIANCE WITH LAWS AND REGULATIONS Renter(s) shall comply with all laws, ordinances and regulations adopted or established by federal, state or local governmental agencies or bodies and Renter(s) shall obtain and pay for all necessary permits and licenses. 13. CIN'S PRIVILEGES The City reserves the right to can�el or revoke this Renter(s} at its discretion, as well as the right to enter the premises at any time. The City's liability is limited to refund of rental fee only. 14. RIVERSIDE COMMUNITY CENTER POLICY THE UNDERSIGNED STATES that he/she has read and hereby acknowledges and agrees to be bound by each and every provision of the above Riverside Community Center Policy (as amended). Name: Date: d :�u��/� Form 12-2008