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HomeMy WebLinkAbout17- 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 12,000 to the Junior University of San Bernardino, Inc. Date: September 4, 1998 ORIGINAL Synopsis of Previous Council Action: 1997: Resolution #97-319 approved ($ 12,500) 1996: it #96-316 ( 9,500) 1995: it #95-316 ( 11,000) 1994: it #94-307 ( 11,000) 1992: it #92-486 ( 15,000) Recommended Motion: MAYOR AND COMMON COUNCIL ADOPT RESOLUTION i' Signature i Contact person: Thelma Press ",-�'one 5133 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: 12,000 Source:(Acct. No.) 001-091-5185 Acct. Description) FIN FARTS Finance- Council Notes: Agenda Item No. Synopsis: junior University of San Bernardino Junior University of San Bernardino began in 1962 as a children's Summer activity in the backyard of Robert and Barbara Henley's home. Junior University's popular productions moved to large venue in 1965 and found a home at the Bowl in Perris Hill Park. Several Junior University "alumni" have gone on to major in all aspects of the Arts and many are involved with the administration of the corporation and in show production. Each June over 300 young people and adults participate in open auditions. A cast of 65-80 are selected with ages ranging from 10 years and up. The show opens in mid-July for a 14 night run. Junior University's next production will be either Cinderella or Tom Sawyer. Free tickets are provided to Goodwill Industries, Hill Acres Children's Home, center for individuals with disabilities, and many other City Institutions. * Estimated Attendance - 15,500 * Number of Performances - 14 * Estimated Costs..........$1221755.00 * Estimated Income..........$102.525.00 * Amount requested..........$20,230.00 * Fine Arts Commission recommends..........$12,000.00 o � 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, 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 JUNIOR UNIVERSITY 10 OF SAN BERNARDINO, 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 WTITI THE JUNIOR UNIVERSITY OF SAN 1 BERNARDINO, INC. 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: c � �- 26 27 28 September 22, 1998 2 ti C I T Y O F 1 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 Sue Johnston Junior University of San Bernardino P. O. Box 6471 San Bernardino, CA 92412 Dear Ms. Johnston: At the Mayor and Common Council meeting of October 5, 1998, the City of San Bernardino adopted Resolution 98-283 authorizing a fine arts funding agreement. Enclosed is an original agreement. Please sign in the appropriate location and return the original agreement to the Citv 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 . 0 . B 0 X 1 3 1 8 , S A N B E R N A R 0 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 D I 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 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 . 5 1 5 8 T 0 0 / T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0 98-283 AGREEMENT 1 Fine Arts Funding 2 THIS AGREEMENT is entered into between the CITY OF SAN 3 4 ERNARDINO, a municipal corporation, referred to as "City" and the 5 JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. , a non-profit rganization, referred to as "Organization. " 6 The parties agree as follows : 1 . Recitals . 8 9 A. Organization has requested financial assistance from 10 City for the fiscal year 1998-99, in order to assist in defraying 11 the expense of certain concerts, shows, festivals, or events or 12 ctivities sponsored by Organization as set forth in Organization' s 13 rant proposal (hereinafter "the proposal" ) approved by the Fine 14 its Commission of the City. A copy of said proposal is on file in 15 the Mayor' s Office of Cultural Affairs . The terms of the proposal 16 are incorporated herein by reference and shall govern the uses of 17 the funds provided herein. The financial assistance provided for 18 in this agreement is made on a one-time only basis, and receipt of 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 public 22 purpose, to wit : for the promotion of art appreciation in San 23 ernardino, as more fully set forth in the proposal submitted by organization. 24 25 2 . Payment . Upon presentation of a claim to the Mayor' s Office, City shall pay to Organization from the 26 27 28 -1- Exhibit "A" 98-283 GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY j F SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE . 2 3 budget for the 1998-99 fiscal year, the total sum of $12 , 000 4 iollars, 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 . No 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 a i 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 which were provided by the City. Financial records shall be 18 aintained in accordance with generally accepted accounting 19 principles 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 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 to 26 defend, indemnify, and hold harmless the City and its employees and 27 agents from all liabilities and charges, 28 -2- i 98-283 GREEMENT RE : THE CITY OF SAN BERNARDINO AND THE JUNIOR UNIVERSITY j OF SAN BERNARDINO, INC. FOR THE PROMOTION OF THE ARTS AND CULTURE. 2 3 expenses (including counsel fees) , suits or losses however i 4 occurring, or damages arising or growing out of the use or receipt i 5 of the funds paid hereunder and all operations under this 6 agreement . Payments hereunder are made with the understanding that j 7 the City is not involved in the performance of services or other 8 activities of Organization. Organization and its employees and I 9 agents are independent contractors and are not employees or agents 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 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 i 19 reimburse to City any funds expended which were used for any 20 urposes other than those authorized under this Agreement . 21 7 . Assignment . Organization shall not assign its interest 22 in this Agreement without the prior written approval of City. 23 8 . Insurance . Organization shall take out and maintain 24 during the life of this Agreement such public liability and i 25 roperty damage insurance as shall insure City, its elective and i I 26 appointive boards, commissions, officers, i 27 28 -3- 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 injury, including death, as well as from claims for property damage 6 which may arise from Organization' s or its agents' operations 7 ereunder, whether such operations be by Organization or its agents $ or by anyone directly or indirectly employed by either Organization 9 Dr its agents, and the amounts of such insurance shall be as 10 follows : 11 (a) Public Liability Insurance . In an amount not less than 12 $1, 000 , 000 for injuries, including, but not limited to, death, to 13 any one person, and subject to the same limit for `ach 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 than I 16 $so , 000 for damage to the property of each person on account of any 17 One occurrence . 18 (c) Workers Compensation. Organization shall p g provide workers 19 compensation insurance in the amount required by state law if the 20 unds provided hereunder are to be paid as salary to any employee 21 of Organization. Organization shall require that all rights of 22 subrogation under such policy of workers compensation insurance 23 shall be waived as to City. City shall be set forth as an 24 additional named insured in each policy of insurance provided 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 termination 28 in the policy. -4- 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 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 prepai 9 addressed as follows : 10 As to City: As to Organization: 11 Mayor' s Office Sue Johnston 12 City of San Bernardino Junior University of Sa Bernardino, Inc . 13 300 North "D" Street P.O. Box 6471 San Bernardino, CA 92418 San Bernardino, CA 9241 14 15 11 . Entire Agreement . This Agreement and any documents of 16 instruments attached hereto or referred to herein integrate al 17 terms and conditions mentioned herein or incidental hereto, an 18 supersede all negotiations and prior writing in respect to th 19 subject matter hereof . In the event of conflict between the terms 20 conditions or provisions of this Agreement, and any such documen 21 or instrument, the terms and conditions of this Agreement shal 22 prevail . 23 12 . Non-Discrimination. Organization agrees that for the ter 24 of this Agreement it shall not discriminate in employment 25 recruitment, hiring, admission practices, advertising or in an 26 other manner on the basis of race, color, creed, religion, nationa 27 origin, sex, physica handicap, or marital status . 2$ DATED: le -5- 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 BERNARDINO 4 5 Qx ZX2, 6 Judit V lies, Mayor 7 J 8 9 ATTEST: Rachel G. Clark, City Clerk 10a� � �� 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- 98-283 PERFORMING ARTS - GRANT APPLICATION FORM City of San Bernardino - Fine Arts Commission. I . Applicant Organization (Name, II . Contact Person Sue Johnston Address , etc . ) Title Corporate Secretary Junior University of Phone -. ( 9U9 ) 883-8190 San Bernardino, Inc. Post Office Box 6471 III • Program Category Under which San Bernardino, CA 92412 Support is requested: Theater --------------------------------------- Phone : ( 909 ) 889-0833 IV. Period of Support Requested Non-Profit I . D. 496913JU60S 01/01/99 through 2/31/99 Number of Years in existence Jb 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 'Tom 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 --------------------------------------------------- V- . Estimated number of persons expected to benefit from th- s program/project : 15 , 500 a) Number of persons by paid attendance : 14, 000 �! Number cf persons by free comclimenzary adm�ssi 00 Number of per-„_mar:ces schedu-ed 14 -ota_ ate ending all per-`ormances (a plus (b i 15 , 000 ------------------ --------------------------- ------------------------------------- Vl= . 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_II . 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 6/95) -6 - 98-283 City of San Bernardino Fine Arts Commission 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 Statenent: 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 , Hillview Acres Children ' s Home, Raintree Apartments Yough Group and FOCUS Project , Teenage Pregnancy Prevention. -6A- 98-283 =========================================================================== IX. Total azzticicated expenses for this period : Salary Wages $ 40, 330.00 Supplies Material $ 59, 225,00 Travel O r�ve � - - Fixed Assets/Rentals or Leases s 18, 300.00 Outstanding loan payments $ - O - Fees & Other 6,900 .00 ez � TOTAL COSTS $ 122,755.00 ============================================================================ X. Total anticipated income for this period: 1997 1999 Most Recent This Fiscal Period Fiscal Period Income from performances $ 65 , 945 .00 $ 67 ,400 .00 Revenue (stocks, bonds , rentals, etc . ) $ 11 ,420,00 $ 12 , 200 . 00 Grants *does not assume Fine Arts $ 24 , 325 .00 $ I4 , 000 .00* Commission funding Contributions $ 7 , 160 .00 $ 7 ,425 .00 Furzclo from Support Groups $ - O - $ - O - Other includes non JD use of $ 500 .00 $ 1 , 500 .00 Dixon �bo`vs ���----- TOTAL INCOME $ 109 , 350.00 s 102 , 525 ,00 ========================================================================= }{Z . Amount requested from the Ban Bernardino Fine Arts Commission : a) Total Costs "Section I}{) $ 122 ,755.00 102 , 525 .00 i») Total Income (Section X) $ c) AMOUNT REQUESTED ( [al minus [b7 ) $ 20, 330.00 Percentage requested: (Amount Requested divided by Total Costs) 16 . 5 ============================================================================ ^ (PA Revised 6196) -7- 98-283 Section IX: Estimate of Expenses for 1999 PRODUCTION STAFF & ORCHESTRA Royalties $5,500.00 Production Staff Stipends $9,500.00 Orchestra/Music Expenses $14,730.00 SUBTOTAL $29,730.00 SCENERY/TECHNICAL Scenery and Technical $17,300.00 Costumes and Makeup $6,500.00 Miscellaneous Technical $5,950.00 Equipment Rental $800.00 SUBTOTAL $30,550.00 OTHER SHOW EXPENSES Advertising / Public Relation $7,550.00 Security $5,200.00 Printing (Programs/Tickets) $4,800.00 Facilities $1,225.00 Concession /Sales Items $11,600.00 Sales Incentives $1,400.00 Miscellaneous $1,160.00 SUBTOTAL $32,935.00 NON-SHOW EXPENSES Previous Year General Manager Stipend $500.00 Storage Facilities $15,500.00 Insurance $2,000.00 Accounting Fees $350.00 Telephone $840.00 Non JU use of Dixon Shows $1,500.00 General Office Expense $1,070.00 SUBTOTAL $21,760.00 SPECIAL PROJECTS Improvements to Bowl $7,780.00 TOTAL ESTIMATED EXPENSES $122,755.00 -7A- 98-283 Section X: Estimate of Income For 1999 SHOW INCOME Ticket Sales $36,500.00 Concessions $12,300.00 Program Advertising $11,500.00 Miscellaneous Sales $7,100.00 -SUBTOTAL $67,400.00 NON-SHOW INCOME Individual Donations $7,425.00 Corporate Sponsors $14,000.00 Sub Leasing Storage Space $10,400.00 Use of Dixon Shows $1,500.00 Interest, Savings Accounts $1,800.00 SUBTOTAL $35,125.00 TOTAL ESTIMATED INCOME $102,525.00 -7B- 98-283 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] ) $ 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. CER'T'IFICATION: 1 Project Offfi- le : General Manager Je ran e Phone Number: ( 909) 889-0833 Date : July 27, 1998 (PA Revised 6/96) -8- Tamil Trad�f' a9 �Oo JUNIOR UNIVERSITY P.O. Box 6471 San Bernardino, CA 92412 (909) 889.0833 October 20, 1998 City Clerk's Office ATTN: Melanie Miller City of San Bernardino Post Office Box 1318 San Bernardino, CA 92418 Dear Ms. Miller, Per your instructions I am returning the original agreement of'Resolution 98-283 authorizing a fine arts funding agreement hawing been signed by our General Manager. Thank vou. Sincerely, Tye ,-msxi A. Johnston Corporate Secretary enclosure