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RESOLUTION NO. 98-283
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2 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING TIlE
3 EXECUTION OF AN AGREEMENT wrrn TIlE JUNIOR UNIVERSITY OF SAN
BERNARDINO, INC. FOR TIlE PROMOTION OF ARTS AND CULTURE.
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5 BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized
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9 and directed to execute on behalf of said City an Agreernent with JUNIOR UNIVERSITY
10 OF SAN BERNARDINO, INC., a copy of which is attached hereto rnarked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above referenced agreernent
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is rescinded if the parties to the agreernent fail to execute it within sixty (60) days of the
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98-283
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WIllI THE JUNIOR UNIVERSITY OF SAN
1 BERNARDINO, INe. FOR THE PROMOTION OF ARTS AND CULTURE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a regular
rneeting thereof,
5 held on the 5th day of October
, 1998, by the following vote, to wit:
6 Council Mernbers
AYES
NAYS
ABSTAIN ABSENT
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x
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~>>u~~
City Clerk
18 The foregoing resolution is hereby ap
OGt,ober , 1998.
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20
!.,[{~/
ITH VALLES, Mayor
of San Bernardino
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22 Approved as to form and
legal content:
23 James F. Penman,
24 City A orney
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28 September 22, 1998 2
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98-283
AGREEMENT
Fine Arts Fundino
THIS AGREEMENT is entered into between the CITY OF SAN
ERNARDINO, a municipal corporation, referred to as "City" and the
UNIVERSITY OF SAN BERNARDINO, INC., a non-profit
rganization, referred to as "Organization."
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance from
City for the fiscal year 1998-99, in order to assist in defraying
the expense of certain concerts, shows, festivals, or events or
ctivities sponsored by Organization as set forth in Organization'S
rant proposal (hereinafter "the proposal") approved by the Fine
rts Commission of the City. A copy of said proposal is on file in
Mayor's Office of Cultural Affairs. The terms of the proposal
re incorporated herein by reference and shall govern the uses of
the funds provided herein. The financial assistance provided for
in this agreement is made on a one-time only basis, and receipt of
said funds shall not imply a continuing obligation of the City
the terms of this Agreement.
B. The expenditure is for a valid municipal public
to wit: for the promotion of art appreciation in San
ernardino, as more fully set forth in the proposal submitted by
rganization.
2. Pavment. Upon presentation of a claim to the Mayor's
City shall pay to Organization from the
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Exhibit "An
98-283
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY
1 F SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE.
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3 for the 1998-99 fiscal year, the total sum of $12,000
4 ollars, to cover the costs per the Fine Arts grant application
5 greement.
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Use of Funds. The funds paid to Organization shall be
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7 sed solely for the purposes set forth in Paragraph 1 and in strict
8 compliance with the provisions set forth in the agreement. No
9 eviation 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.
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4.
Accountino.
Within 20 days after the completion of the
14 event, the Organization shall submit to the Mayor's Office, with a
15 copy to the Director of Finance, an accounting of the actual
16 expenditures connected with said event as it relates to the funds
17 provided by the City. Financial records shall be
18 aintained in accordance with generally accepted accounting
19 rinciples by Organization in such manner as to permit City to
20 easily trace the expenditures of the funds. All books and records
21 of Organization are to be kept open for inspection at any time
22 uring the business day by the City or its officers or agents.
23 Failure to submit the financial records in accordance with this
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section will result in the Organization reimbursing the City.
5. Hold Harmless. Organization covenants and agrees
to
26 defend, indemnify, and hold harmless the City and its employees and
27 agents from all liabilities and charges,
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98-283
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY
1 OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE.
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3 expenses
(including counsel fees),
suits or losses however
4 occurring, or damages arising or growing out of the use or receipt
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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.
6.
Termination.
City shall have the right to terminate
12 this Agreement and any funding remaining unpaid hereunder for any
13 reason by mailing a ten-day written notice to Organization and this
14 agreement shall terminate ten days after the mailing of such
15 notice.
In the event this Agreement is terminated for reasons of
16 improper use of funds or use of funds for any purpose other than
17 those authorized, any unexpended portion of the funds provided by
18 City shall be returned to City.
In addition, Organization shall
19 reimburse to City any funds expended which were used for any
20 urposes other than those authorized under this Agreement.
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7.
Assionment.
Organization shall not assign its interest
22 in this Agreement without the prior written approval of City.
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Organization shall take out and maintain
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Insurance.
24 during the life of this Agreement such public liability and
25 roperty damage insurance as shall insure City, its elective and
26 appointive boards, commissions, officers,
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98-283
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY
1 F SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
3 gents and employees, Organization and its agents performing acts
4 overed by this Agreement from claims for damages for personal
5 njury, including death, as well as from claims for property damage
6 hich may arise from Organization's or its agents' operations
7 ereunder, whether such operations be by Organization or its agents
8 r by anyone directly or indirectly employed by either Organization
9 r its agents, and the amounts of such insurance shall be as
10 ollows:
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(a)
Public Liability Insurance.
In an amount not less than
12 1,000,000 for injuries, including, but not limited to, death, to
13 ny one person, and subject to the same limit for 2ach person, in
14 n amount not less than $100,000 on account of anyone occurrence;
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(b)
Property Damage Insurance. In an amount of not less than
16 50,000 for damage to the property of each person on account of any
17 ne occurrence.
18 (c) Workers Compensation. Organization shall provide workers
19 ompensation insurance in the amount required by state law if the
20 unds provided hereunder are to be paid as salary to any employee
21 f Organization.
Organization shall require that all rights of
22 subrogation under such policy of workers compensation insurance
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shall be waived as to City.
City shall
be set forth as an
additional named insured in each policy of
insurance provided
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(d)
The Certificate of Insurance furnished to the City shall
27 require the insurer to notify the City of any change or termination
28 in the policy.
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98-283
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSIT
1 OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE.
9 .
Obliqation.
Organization hereby covenants that it ha
taken all actions necessary to make the adherence to th
obligations imposed by this agreement a binding obligation of th
organization.
10. Notices. All notices herein required shall be in writin
and delivered in person or sent by certified mail, postage prepai
addressed as follows:
As to City:
As to Organization:
Mayor's Office
City of San Bernardino
Sue Johnston
Junior University of Sa
Bernardino, Inc.
P.O. Box 6471
San Bernardino, CA 9241
300 North "D" Street
San Bernardino, CA 92418
11. Entire Aoreement.
This Agreement and any documents 0
instruments attached hereto or referred to herein integrate al
terms and conditions mentioned herein or incidental hereto, an
supersede all negotiations and prior writing in respect to th
subject matter hereof. In the event of conflict between the terms
conditions or provisions of this Agreement, and any such documen
or instrument, the terms and conditions of this Agreement shal
prevail.
12. Non-Discrimination. Organization agrees that for the ter
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, nationa
origin, sex,
handicap, or marital status.
DATED:
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98-283
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSIT
1 OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE.
2
3 CITY OF SAN ~ERNARDINO
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ATTEST: ~~. ~
Rachel G. Clark, City Clerk
~~Yr2i2dinf0~3--
ORGANIZATION
Approved as to form
and legal content:
'~~h~
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JAMES F. PENMAN
City Attorney
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98-283
PERFORMING ARTS - GRANT APPLICATION FORM
City of San Bernardino - Fine Arts Commission
=============================================================================
I. Applicant Organization (Name,
Address, etc.)
Junior Universi.ty of
San Bernardino, Inc.
Post Office Box 6471
San Bernardino, CA 92412
II. Contact Person Sue Johnston
Title Corporate Secretary
Phone: (~U~ ) tHjj-t:ll~U
=======================================
III.
Program Category Under which
Support is requested: Theater
=======================================
Phone: ( 909) 889-0833
Non-Profit I.D. 496913JU60S
Number of Years in existence jb
IV.
Period of Support Requested
01/01/99 through 12/31/99
Starting Ending
=============================================================================
V. Project Descriptions: Junior University of San Bernardino, Inc. will
provide the residents of San Bernardino and the Inland Empire with one of
two William R. Dixon original adaptation productions, either 'Cinderella'
or 'Torn Sawyer'. This production including a live orchestra will involve
as many as 300 young people in all aspects of theatrical production.
Junior University's General Manager, Jeff Grande, will oversee all expend-
itures of funds for this project. We are requesting funds to offset the
musical expenses of this show which are as follows: music preparation
=============================================================================
VI. Estimated number of persons expected to benefit from this
program/project: 15,500
aJ Number of persons by paid attendance: 14,000
bJ Number o~ persons by free complimentary admission: 1,UOO
c I Number of performances scheduled: 14
dl Total attending all performances ([a] plus [b]): 15,000
=============================================================================
VI:. Need Statement: Junior University intends to meet the following needs
of the local San Bernardino area: to provide a forum for approximately
300 local youths.and adults to perform in an educational environment under
professional direction in the areas of music, drama, dance and stagecraft;
to provide the City of San Bernardino and the surrounding communities of
the Inland Empire a quality theatrical production unique only to Junior
University; to provide this wholesome entertainment specifically designed
===========================================================================
V""I. Intended Results: Junior University's intended result is to enhance
the cultural arts of the San Bernardino area by offering low cost, live
musical theater that is suitable for family audiences, who will enjoy the
special magic that has made Junior University a family tradition for 36
years. JU continues a program of providing coupons good for a free childs'
admission ticket with a paid adult ticket. This program extends the
===========================================================================
(PA Revised 6/96)
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98-283
City.of San Bernardino Fine Arts CommiBsion
.performing Arts Grant Request 1998
Junior University of San Bernardino, Inc.
V. project Description: $4.000.00; music copist $500.00;
audition accompanist $80.00; music reproduction $650.00; rehearsal
pianist $600.00; orchestra $7,800.00; conductor $600.00; musical
director $500.00 and royalties $5,500.00.
VII. Need Statement: to encourage family attendance at a
reasonable cost; to offer the experience of a live theater per-
formance with a full orchestra that is suitable for families with
children of all ages. with many youths unable to avail themselves
of the arts through school programs, JU offers one of the only live
theater experiences many families may be able to attend.
VIII. Intended Results: family entertainment opportunity to
many of the single parent households that could not take advantage
of current family tickets which allows two adults and their children
under 18 to attend our performances. We provide no cost tickets to
clients of Goodwill Industries, San Bernardino City Parks and
Recreation Department, Center for Individuals with Disabilities, San
Bernardino Adult School Students with Disabilities, Hi11view Acres
Children's Home, Raintree Apartments Yough Group and FOCUS Project,
Teenage Pregnancy Prevention.
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98-283
===========================================================================
IX. Total anticipated expenses for this period:
Salary & Wages
Supplies & Material
Travel
Fixed AssetslRentals or Leases
Outstanding loan payments
Fees & Other
$
$
$
$
$
$
40,330.00
59,225.00
- 0 -
16,300.00
- 0 -
6,900.00
TOTAL COSTS $ 122,755.00
============================================================================
X.
Total anticipated income for this pe"iod: 1997
Most Recent
Fiscal Period
Income from performances
65,945.00
11 ,420.00
$
Revenue (stocks, bonds, rentals, etc.) $
Grants "does not assume Fine Arts
Commission funding
Contributions
24,325.00
$
$
$
7,160.00
- 0 -
Funds from Support Groups
Other includes non JU use of
Dixon shows
$ 500.00
$ 109,350.00
TOTAL INCOME
=========================================================================
1999
This
Fiscal Period
$ 67,400.00
$ 12,200.00
$ 14,000.00*
$ 7,425.00
- 0 -
$
$ 1,500.00
$ 102,525.00
XI. Amount requested from the San Berna"dino Fine Arts Commission:
a) Total Costs :Section IX)
b) Total Income (Section X)
$ 122,755.00
(_) $ 102,525.00
c) AMOUNT REQUESTED ([a] minus [b]) $ 20,230.00
Percentage requested:
(Amount Requested divided by Total Costs) 16.5 %-
============================================================================
(PA Revised 6/96)
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98-283
Section IX: Estimate of Expenses for 1999
PRODUCTION STAFF & ORCHESTRA
Royalties
Production Staff Stipends
Orchestra / Music Expenses
SUBTOTAL
SCENERY I TECHNICAL
Scenery and Technical
Costumes and Makeup
Miscellaneous Technical
Equipment Rental
SUBTOTAL
OTHER SHOW EXPENSES
Advertising / Public Relation
Security
Printing (ProgramsfTickets)
Facilities
Concession / Sales Items
Sales Incentives
Miscellaneous
SUBTOTAL
NON-SHOW EXPENSES
Previous Year
General Manager Stipend
Storage Facilities
Insurance
Accounting Fees
Telephone
Non JU use of Dixon Shows
General Office Expense
SUBTOTAL
SPECIAL PROJECTS
Improvements to Bowl
$5,500.00
$9,500.00
$14,730.00
$29,730.00
$17,300.00
$6,500.00
$5,950.00
$800.00
$30,550.00
$7,550.00
$5,200.00
$4,800.00
$1,225.00
$11,600.00
$1,400.00
$1,160.00
$32,935.00
$500.00
$15,500.00
$2,000.00
$350.00
$840.00
$1,500.00
$1,070.00
$21,760.00
$7,780.00
TOTAL ESTIMATED EXPENSES $122,755.00
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98-283
Section X: Estimate of Income For 1999
SHOW INCOME
Ticket Sales
Concessions
Program Advertising
Miscellaneous Sales
.SUBTOTAL
NON-SHOW INCOME
Individual Donations
Corporate Sponsors
Sub Leasing Storage Space
Use of Dixon Shows
Interest, Savings Accounts
SUBTOTAL
TOTAL ESTIMATED INCOME
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$36.500.00
$12.300.00
$11,500.00
$7.100.00
$67,400.00
$7,425.00
$14,000.00
$10,400.00
$1.500.00
$1.800.00
$35,125.00
$102,525.00
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98-283
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XII. Amount per person to be subsidized by Fine Arts grant:
Amount requested (Section XI Line Eel) divided by
number of people attending (Section VI Line Ed])
$ 1. 35
============================================================================
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? Junior University's volunteer Board of Directors has
outlined long term plans to pursue additional funding sources to off-
set budget expenses. Our Funding Committee has some success with
requests for corporate sponsorships from local companies. As some
choose to not renew for continued support, we have been successful in
adding new companies to our corporate sponsorship list. We are contin-
ually requesting funding from foundations and pursue grant requests as
they become known to us. In 1998 we added donation requests and infor-
mation to our web site. Our program advertising and sponsorship
requests from local businesses and individuals continues to bring in
revenue and we expand this effort each year.
===========================================================================
XIII. Provide a brief history/background of the organization:
In 1962 Robert L. Henley started a children's theater as a neigh-
hood activity in his backyard, with attendance of 150. In 1964
Henley met with William R. Dixon and his wife Patsy to plan the
next production and Junior University of San Bernardino, Inc. was
formed. In 1965, after producing shows at Hunt's Nursey in San
Bernardino, perris Hill Park became home for the JU productions.
A full orchestra composed of local high school and college students
was added in 1968. It has been our tradition to use primarily
young people in our cast. Generally our cast members range from
10 years old through college age and beyond, with the majority of
cast members being teen-agers. Junior university produces shows
written and scored 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.
===========================================================================
CERTIFICATION:
Project Ofhc~r'
\ ~
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JeW-A. ran e
Ti~le: General Manager
Phone Number: (909) 889-0833
Date:
July 27, 1998
(PA Revised 6/96)
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