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HomeMy WebLinkAbout2000-270 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 RESOLUTION NO. 2000-270 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, 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 an Agreement with Junior University of San Bernardino, Inc., a copy of which is attached hereto marked Exhibit "A" and incorporated herein by references as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage ofthis resolution. III III III III III III III III III 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 2000-270 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT- WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Joint and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the 5th day of September, 2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN X MCGINNIS X SCHNETZ X SUAREZ X ANDERSON X MCCAMMACK X ~ftUrivnlL} ~fJL~ City Clerk The foregoing resolution is hereby approved this l(Ti-.... day of September , 2000. Approved as to Form and legal content: , ;L~--e.~.E~ talles, Mayor of San Bernardino , j JAMES F, PENMAN, City Attorney 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 ~- 2000-270 AGREEMENT Fine Arts Funding THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the Junior University of San Bernardino, Inc., a non-profit organization, referred to an "Organization" The parties agree as follow: 1. Recitals. A. Organization has requested financial Assistance from City for fiscal year 2000-01, in order to assist in defraying the expense of certain concerts, shows, festivals, or events of activities sponsored by Organizations as set forth Organization's grant proposal (hereinafter "the proposal") approved by the Fine Arts Commission of the City. A copy of said proposal is on file in the Mayor's 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 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 valid municipal public purpose, to wit: for the promotion of art appreciation in San Bernardino, as more fully set forth in the proposal submitted by Organization. 2. Payment. Upon presentation of a claim to the Mayor's Office, City shall pay to Organization from the -1- 2000-270 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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. budget for the 2000-01 fiscal year, the total sum of $7,500.00 dollars, to cover the costs per Fine Arts grant application agreement. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph 1 and in strict compliance with the provisions set forth in the agreement. No deviation from the agreement shall be made without the expressed approval of the City of San Bernardino. Said funds shall be expended by June 30, 2001, and any unexpended funds shall be returned to City by Organization. 4. Accounting. Within 20 days after the completion of the event, the Organization shall submit to the Mayor's Office, with copy to the Director of Finance, an accounting of the actual expenditures connected with said event as it relates to the fund which were provided by the City. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily trace the expenditures 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 officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City. 5. Hold Harmless. Organization covenants and agrees to defend, indemnify, and hold harmless the City and its employees and agents from all liabilities and charges, -2- 2000-270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 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 activities of Organization. Organization and its employees and agents are independent contractors and are not employees or agents of the City in performing said services. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 6. Termination. City shall have the right to terminate this Agreement and any funding remaining unpaid 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 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 funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purpose 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. 8. Insurance. Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance, naming the City as additional insured, so as to insure City, its elective and appointive boards, commissions, officers, -3- ~ 2000-270 1 AGREEMENT RE: THE CITY OF SAN 2 UNIVERSITY OF SAN BERNARDINO, THE ARTS AND CULTURE. BERNARDINO AND THE JUNIOR INC. FOR THE PROMOTION OF 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 Agents and employees, Organization and its agents performing act covered by this Agreement from the claims for property damage for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operation hereunder, whether such operations be by Organization or its agent 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 that $1,000,000 for injuries, including, but not limited to, death, to any person, and subject to the same limit for each person, in an amount not less than $100,000 on account of anyone occurrence. (b) less than person on Property Damage Insurance. In an amount not 50,000 for damage to the property of each account of an occurrence. (c) Workers Compensation. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to be paid as a salary to any employee of organization. Organization shall provide worker compensation insurance in the amount required by state law if the funds provided hereunder are to paid as salary to any employee of Organization. Organization shall require that all rights of subrogation under such policy of workers compensation insurance shall be waived as to City. City shall be set forth as a additional named insured in each policy of insurance provide hereunder. (d) The Certificate of Insurance furnished to the City shall require the insurer to notify the City of any change or termination in the policy. -4- 2000-270 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 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 9. Obligation. 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. 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: As to Organization: Mayor's Office Jerry Long, President City of San Bernardino Junior University of San Bernardino, Inc. P.O. Box 6471 San Bernardino, CA. 92412 300 North "D" Street San Bernardino, CA. 92418 11. Entire Agreement. This Agreement and any other documents of instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations 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 conditions of this Agreement shall prevail. 12. Non-Discrimination. Organization agrees that for the term of this Agreement it shall not discriminate in employment recruitment, hiring, admission practices, advertising or in an other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. ~~"'-\-'v\ \g~, I DATED: -5- 1 2 3 2000-270 4 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF 5 THE ARTS AND CULTURE. 6 7 8 9 10 11 12 ATTEST: r rU)I.1Ll J1. OLUto ~ Ja~yr::rtc;;;t/ie;L;'7~~tt&~~ ORGAN I ZATION 13 14 15 16 Approved as to form and legal content: 17 18 19 James F. Penman City Attorney 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO a~-iL~ Valles, Mayor -6- 2000-270 Synopsis: Junior University of San Bernardino, Inc. Junior University of San Bernardino, Inc. began in 1962 as a Children's summer activity in the backyard of Robert Henleys' home. Junior University's productions moved to a larger venue in 1965 - The Perris Hill Park Bowl. Each June many hundreds of children and adults participate in open auditions. A cast of 65-80 are selected. Ages range from 10 years and older. The season opens in mid-July for a 14 night run. Free tickets are provided, to Goodwill Industries, Hill Acres Children's Home, Center ofIndividuals with disabilities and other City Institutions. Estimated attendance -12,700 Number of performances -14 Estimated costs - $120,270.00 Estimated income - $107,270.00 Amount requested - $13,000.00 Fine Arts Commission recommends - $7,500.00 2000-270 PERFORMING ARTS - GRANT APPLICATION FORM City of San Bernardino - Fine Arts Commission , I. Applicant Organization (Name, Address, etc.) Junior University of San Bernardino, Inc. PO Box 6471 San Bernardino CA 92412 Telephone No. (909) 889-0833 Non-Profit I.D. No. D-0496913 Number of Years in Existence 38 II. Contact Person: Jerry Long Title: President Telephone No.: P09) 864-7289 III. Program Category Under which Support is Requested: Theater IV, Period of Support Requested: From: 01/01/2001 Through (Starting) V. Program Description: 12/31/2001 (Ending) Junior University Musical Theatre will provide the residents of San Bernardino and the Inland Empire with a William R. Dixon original adaptation of 'The Tales of Hans Christian Anderson.' This production, including a live orchestra, will involve over 200 young people in all aspects of theatrical production. Junior University's General Manager, Jeff Grande, will oversee all expenditures of funds for this program. Open auditions will be held the first two Saturdays in May, with rehearsals starting right after Memorial Day. We anticipate an audience of over 12,500 people will attend our production over a fourteen-night run, from July 20 through August 4. An entire family can attend our show for only twelve dollars. The low ticket prices afford a live musical experience to a diverse cross-section of the community. A-I 2000-270 VI. Estimated number of persons expected to benefit from this program: 12.700 ~ a) Number of persons by paid attendance: 12,000 b) Number of persons by complimentary admission: 500. c) Number of performances scheduled: 14- d) Total anending all performance (a plus b): 12,500 VII. Need Statement: Junior University intends to meet the following needs of the local San Bernardino area. Provide a forum for approximately 200 local youths and adults to perform in an educational environment under professional direction in music, drama, dance, and stagecraft. Junior University offers the exposure to live theater that has been cut from many school programs. Provide wholesome entertainment specifically designed to encourage family attendance. Offer the experience of quality musical theater, with a live orchestra, to a segment of the community that can not afford 'professional prices.' Wholesome entertainment and special family ticket pricing combine to make a.Junior University production enjoyable for the entire family. A-2 2000-270 VIII. Intended Results: ~ The arts are an essential part of a community's well- being. It is important that all social and economic segments have accessibility to the arts. Junior University strives to reach everyone. Funding from our community partners has allowed us to donate tickets to a wide range of organizations. Past organizations that have benefitted are Goodwill Industries, San Bernardino city Parks and Recreation Department, Center for Individuals with Disabilities, Easter Seal after-school program, Hillview Acres Children's Home, and San Bernardino Adult School Developmentally Disabled. In 1999 and 2000, JU provided the County of San Bernardino Department of Children Services 100 reduced-rate family tickets for their foster parent program. The 'family ticket' is a Junior University exclusive in the Inland Empire. For twelve dollars the entire family, two adults and their children under 18 years, can attend the show. This is a benefit for those larger families.that would today pay $35 just to see a movie. JU continues a program of providing coupons good for two free youth admissions with a paid adult ticket. This program extends the family entertainment opportunity to the single-parent households. The success of our efforts to provide accessible theater can be measured by the number of people attending and the average cost per person. Over the last five years, the average per season was 12,600 attending at $3.40 per person. A-3 2000-270 IX. Total anticipated expenses for this period: TOTAL EXPENSES , $ 40,73000 $ 44,84500 $ 0.00 $ 15,800.00 $ 000 $ 18,89500 $ 120,27000 Salary & Wages Supplies & Material Travel Fixed AssetslRentals or Leases Outstanding loan payments Fees & Other X. Total anticipated income for this period: Income from performances Revenue (stocks, bonds, rentals, etc.) Grants Contributions Funds from Support Groups Other $ 72,670.00 $ 8,900.00 $ 000 $ 25,70000 $ 000 $ 000 TOTAL INCOME $ 107,270.00 XI. Amount requested from the San Bernardino Fine Arts Commission: a) b) c) Total Expenses (Section IX) Total- Income (Section X) AMOUNT REQUESTED (a minus b) $ 120,270.00 $ 107,270.00 $ 13,000.00 -- . -~.' XII. Future Objectives: The Board of Directors is continually exploring additional sources to offset budget expenses. Our goal is to keep ticket prices low. There is a wide range of donation options provided, These include the cast bowl-a-thon, the support program, program advertisements, and corporate sponsors. Thirty-nine percent of our 1999 income came from donations. The corporate sponsor program started in 1993 and has brought in over $93,000. Past Corporate Sponsors include Edison International, The Thomas J. Long Foundation, Wal-Mart Foundation, Bank of America Foundation, The Norris Foundation, Fieldstone Foundation, Prime-Line Products Co., TRW Foundation, Wells Fargo Bank, and Wyatt Videos. We continue to add to the list. The Board of Directors strongly believes that adherence to our budget is a critical element to sustainability. While Junior University strives to produce a quality show, we will not take on the burden of debt. A-4 2000-270 Justification of large grant request Section X: Estimate of Income for 2001 SHOW INCOME Ticket Sales Concessions Program Advertising Miscellaneous Sales SUBTOTAL NON-SHOW INCOME Individual Donations Corporate Sponsors Sub Leasing Storage Space Interest, Savings Accounts SUBTOTAL TOTAL ESTIMATED INCOME Section IX: Estimate of Expenses for 2001 PRODUCTION STAFF & ORCHESTRA Royalties Production Staff Stipends Orchestra Expenses SUBTOTAL SCENERY I TECHNICAL Scenery Costumes and Makeup Technical SUBTOTAL OTHER SHOW EXPENSES Advertising I Public Relations Security Printing (ProgramslTickets) Facilities Concession I Sales Items Sales Incentives Miscellaneous SUBTOTAL NON-SHOW EXPENSES Previous Year General Manager Stipend Storage Facilities Insurance Accounting Fees Telephone General Office Expense SUBTOTAL SPECIAL PROJECTS Improvements to Bowl TOTAL ESTIMATED EXPENSES A-4 (A) $40,800.00 $13,800.00 $11,500.00 $6,570.00 $72,670.00 $8,700.00 $17,000.00 $6,800.00 $2,100,00 $34,600.00 $107,270.00 $5,500.00 $8,130.00 $13,800.00 $27,430.00 $22,600.00 $7,000,00 $5,200.00 $34,800.00 $6,745.00 $5,600.00 $6,900.00 $2.425.00 $10,895.00 $1,400.00 $950.00 $34,915.00 $500.00 $15,800.00 $2,100.00 $350,00 $750.00 $825.00 $20,325.00 $2,800.00 $120,270.00 2000-270 XIII. Provide a briefhistorylbackground of the organization: ~ Junior University began in 1962 as a children's summer activity in the backyard of Robert and Barbara Henley. One hundred and fifty people saw the first show. Since 1963, Junior University's musical shows have been original adaptations of familiar children's stories written and scored by William R. Dixon. In 1965 the . Henleys with William and Patricia Dixon formed the non- profit corporation. That year, the popular productions found a home at Roosevelt Bowl in San Bernardino's Perris Hill Park. A full orchestra composed of local musicians and students was added in 1968. In 1994 Mr. Dixon passed away. Junior University continues our summer family tradition by updating shows from 25 original musicals written by William R. Dixon. These musical adaptations are based on classic fairy tales or children's stories and are all targeted for a family audience. For over thirty-five years, Junior University has provided San Bernardino and the Inland Empire the best family entertainment while offering an exciting and educational experience for young people. Cast members range from 9 years old to beyond college age, with teenagers as the majority. Because Junior University is such a large commitment in both time and energy, it often involves the entire family. The rewarding learning experience is a wonderful opportunity for new friendships in addition to providing a stepping stone for those interested in professional and community theater. CERTIFICATION: Project Officer: Telephone No.: lwr~~,... (909) 889-0833 Title Date General Manager June 21,2000 A-5 2000-270 List Board or Directors and Officers (Include names, addresses and telephone numbers) Junior University 2000 Board of Directors MAILING ADDRESS 551 Gladiola St, Hemet. CA 92545 821 Ardmore Circle, Red1ands. CA 92374 2242 E 17th St, San Bernardino, CA 92404 420 Robinhood Lane, Red1ands , CA 92373 28822 Glenheather Dr. Highland. CA 92346 1216 Magnolia Ave. Red1ands, CA 92373 583 Gray Sl. Colton. CA 92324 1794 Sonora Ave, San Bernardino. CA 92404 4875 N Acacia Ave, San Bernardino, CA 92407 64 San Gorgonio. Red1ands. CA 92373 PO Box 33, Rwming Springs, CA 92382 731 North Riverside Ave, Rialto, CA 92376 17903 Via La Cresta. Chiao Hills, CA 91709 17903 Via La Cresta. Chiao Hills, CA 91709 2354 Harrison Sl. San Bernardino, CA 92404 6279 Blythe Ave, Highland. CA 92346 25726 Segundo Ct. San Bernardino, CA 92404 6405 Briarwood Court, San Bernardino, CA 92407 5505 North Dahlia St, San Bernardino, CA 92407 7582 Canyon Oak Dr. Highland. CA 92346 12629 Eagle Ct, Grand Terrace, CA 92313 600 N Arrowhead Ave #300, San Bernardino. CA 92401 1233 Aster Sl. Upland, CA 91786 1251 E Lugonia #143. Redlands. CA 92374 1592 North D St, San Bernardino, CA 92405 25475 East 26" St. San Bernardino, CA 92404 1651 Humphry Place. Escondido, CA 92025 426 W Baseline, San Bernardino, CA 92410 7267 Seville Sl. Highland. CA 92346 MEMBER Coos Allmon Roger Biddick David Bowers Jim Brittain Jack Butler Rochelle Campbell. V.P. Patricia C. Dixon Maggie Foss Gary Geis Jeff Grande. Gen. Mngr. Pat Kikuchi Judy King, Sectry. Mary Kintner Robert Kintner. T res. Dan Kuhn Alice Lakes-Anderson Jerry Long, Pres Ken Mosteller Cherie Oden Pat Pavlian Paul C. Reed Bob Ritter Manuel Salinas Brian D. Sandahl Jack Sclunitz Jim Scott Phill Smith Steve Sutherland Robert Zinn A-6 . , . , PHONE 652-6759 792-3904 864-4624 792-8181 864-2870 798-7155 889-1269 883-3738 882-1047 793-7866 867-2122 873-5073 393-9353 393-9353 881-3239 862-5584 864-7289 880-1406 887-4454 862-3892 824-2847 862-9161 981-2269 793-5496 885-1640 886-3208 760-480-6485 864-7908 425-8589