HomeMy WebLinkAbout18 JEWISH PARTISAN EXHIBIT FUNDINGAgenda Item 18
Reviewed:
6 AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: NOVEMBER 3, 2015
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFFREY C. PARKER, CITY MANAGER
SUBJECT: JEWISH PARTISAN EXHIBIT FUNDING
SUMMARY:
Council Member Dr. Allan Bernstein is asking the City of Tustin to temporarily front the
money for the Jewish Partisan Exhibit called "Pictures of Resistance" until funds can be
raised to pay for the whole exhibit.
The exhibit is organized by the Jewish Partisan Educational Foundation (JPEF). The
mission of the JPEF is to develop and distribute effective educational materials about the
Jewish partisans and their life lessons, bringing the celebration of heroic resistance against
tyranny into educational and cultural organizations.
The exhibit is planned to be displayed in the Tustin Library from March 11 through April 7,
2016. It is the intent of JPEF to host a teacher training workshop with the Tustin Unified
School District during the week of March 14. Council Member Dr. Bernstein plans to work
with TUSD to organize field trips and give TUSD students the opportunity to learn about
these heroes. The exhibit would be open during library hours for all library patrons and
citizens of Tustin to enjoy.
The exhibit also includes a half-hour DVD that is played throughout the day in which drop-
in visitors can watch before looking at the 30 photographs depicting the Jewish Partisan
movement.
BACKGROUND:
Last year, the City hosted The Courage to Remember exhibit in the Tustin Library. The
exhibit was attended by almost 3,000 Tustin Unified School District students along with their
teachers where they interacted with Holocaust survivors and learned firsthand the history of
World War II and the Holocaust. The event was very successful, and Council Member Dr.
Bernstein indicated that he would like to continue to offer educational opportunities of this
nature to TUSD students and to the citizens of Tustin.
Most people have never heard of the 20,000-30,000 Jews who fought back against the Nazis
as Jewish partisans. These Jews were responsible for blowing up thousands of armored
convoys and thwarting the Nazi war machine in countless ways. This information has the
power to transform people's perception of the Jewish experience during the Holocaust.
Agenda Report—Jewish Partisan Exhibit
November 3, 2015
Page 2
JPEF has produced a comprehensive and thought-provoking new curriculum called
RESIST, designed to transmit the enduring understandings arising from the stories of the
Jewish partisans. With layers of interactivity unprecedented in most any curriculum, RESIST
is designed for 6th -12th grade students in formal and informal settings and is now being
implemented in Jewish and secular schools worldwide.
RECOMMENDATION:
1) Approve the cost of a non-refundable deposit of $750 to secure the exhibit until funds
can be raised to pay the City back.
2) Direct the City Manager to sign the agreement between the City of Tustin and the Jewish
Partisan Educational Foundation.
FISCAL IMPACT:
The JPEF has an agreement that the City of Tustin needs to enter in order to secure the exhibit
during the dates mentioned above. The general policy is to rent the exhibit out for a minimum
of two months at a rate of $1,500 per month. They are making an exception in this instance
and are allowing the City of Tustin to rent the exhibit for one month. Though the Library will
host the exhibit from March 11-20, it is our intent to display some of the exhibit in the City Hall
lobby.
The agreement indicates a 50 percent non-refundable deposit once the agreement is signed
($750). The other 50 percent is to be sent to JPEF approximately 10 days before shipping.
This amount is to be paid with funds raised for this exhibit.
The agreement also indicates that the Exhibitor (the City of Tustin) shall be responsible for all
costs of shipping the "Pictures of Resistance" exhibit from Exhibitor's location either back to
JPEF or, in the event that the exhibit is booked for a date closely following the Term, to the
next exhibitor at a location in the USA. JPEF has indicated that this cost is about $170. This
amount is to be paid with funds raised for this exhibit.
The exhibit will require set-up and breakdown, and City staff will be needed one day before
and one day after the exhibit dates for this purpose. The exhibit itself will be displayed during
the same operational hours of the library; therefore, no extra staffing will be necessary.
Attachment: Agreement with JPEF
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
AGREEMENT TO EXHIBIT
"PICTURES OF RESISTANCE"
FOR AND IN CONSIDERATION of the License Fee (as hereinafter defined) and other good
and valuable consideration, receipt of which is hereby acknowledged, Jewish Partisan
Educational Foundation ("JPEF"), whose address is 2245 Post Street, Suite 204, San Francisco,
CA 94115, and the City Council of the City of Tustin ("Exhibitor"), whose address is City of
Tustin, 300 Centennial Way, Tustin, CA 92780, hereby enter into this Agreement.
WHEREAS, JPEF owns or controls all related rights in the works that are the subject matter
of this agreement (the "Works"),
WHEREAS, Exhibitor wishes to exhibit certain identified still photographs and other
materials as listed in Exhibit A to be displayed as part of a "Pictures of Resistance" exhibit,
NOW, THEREFORE, in consideration of the promises, conditions, covenants and warranties
herein contained, JPEF hereby grants to Exhibitor, its successors and assigns, the following
nonexclusive rights, licenses and privileges in respect of the use of the exhibit panels and other
exhibit materials in connection with the exhibit in Tustin, California (the "Territory") and for the
dates March 10 through April 8, 2016 (the "Term"):
1. Rental Fee. In consideration of the limited timeframe for Exhibitor's access to display space,
JPEF has waived its two-month rental minimum of $3,000. Instead, the rental fee ("Rental Fee")
for the exhibit for the Term is $1,500. Upon execution of this Agreement, Exhibitor shall pay JPEF
a non-refundable deposit of $750.00, and, by March 25, 2016, they shall pay JPEF the balance of
$750.00.
2. It is intended by the parties that the exhibit shall open to the public on March 11, 2016 ("Date
of Opening") and shall close on or prior to the end of the Term. If exhibit does not open to the
public on or earlier than 15 days following the Date of Opening, this agreement shall be
terminated and all rights shall revert to JPEF.
3. The "Pictures of Resistance" photographs and artifacts in Exhibit A shall be hung in the pre-
established order on that Exhibit A. All panels of the exhibit are to be displayed except when
otherwise indicated in writing by JPEF.
4. The Exhibit A item numbers 25, 18, 9, 10, 11 and 19 may be used for promotional purposes
only for use on the Exhibit website or on fliers and brochures and in a limited quantity of post
cards in a format that is subject to prior approval of JPEF. Digital copies of the item numbers will
be provided by JPEF.
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
S. Title of Exhibit. The title of exhibit shall be "Pictures of Resistance: The Wartime Photographs
of Jewish Partisan Faye Schulman" and shall not be abbreviated or changed. This title shall be
used in all marketing materials including but not limited to press releases, web material and
exhibitor materials.
6. Credits. Appropriate credits for the curator, funders and the Jewish Partisan Educational
Foundation shall be included on all promotional materials as described below.
(a) JPEF "The Jewish Partisan Educational Foundation presents " or "Traveling exhibit
produced by the Jewish Partisan Educational Foundation" is to be mentioned on all
materials.
(b) Curator. Pictures of Resistance: The Wartime Photographs of Jewish Partisan
Faye Schulman and "curated by Jill Vexler Ph.D." is to be mentioned on all materials.
(c) Funders. "This exhibit made possible by Thomas and Johanna Baruch, the
Epstein/Roth Foundation, the Purjes Foundation, the Charles and Lynn Schusterman
Family Foundation, the Koret Foundation, the Taube Foundation for Jewish Life and
Culture, the Holocaust Council of UJA MetroWest, and Diane and Howard Wohl." is to be
mentioned on all materials.
7. Rights of Review. Exhibitor shall allow JPEF to review copy on the website or any press release
or other promotional material before it is distributes the same to the media or the public (or
launches site online). JPEF is only reviewing the form of the promotional images (the works) and
to make sure that JPEF, the funders, curator, and exhibit title are correctly mentioned. If wording
is not in accordance with #5 and #6 in this document, exhibitor will fix per previous points. If
exhibitor creates a press release, web page or any promotional copy that does not adhere to #5
and #6 above, they agree to fix (or cure) the same within 24 hours at their own expense.
8. Handling. Exhibitor shall follow the instructions provided in Appendix B when unpacking,
handling, hanging, taking down, and packing "Pictures of Resistance". Notably, the person(s)
handling "Pictures of Resistance" and the containers in which it is shipped shall use caution, as
the containers and its contents are heavy and fragile.
9. Damage, Theft, or Loss. Exhibitor is liable for and must compensate JPEF for all repair and/or
replacement costs associated with any damage, theft, or loss of the exhibit `Pictures of
Resistance", all the frames, photos, and panel materials, the accompanying camera (in the event
that a camera was shipped to the Exhibitor), the notebook binder with printed pictures of all of
the frames in the exhibit, the three storage containers, and the six pieces of gray foam packing
inserts included in the shipping containers, up to but not to exceed $8,000.00, that occur while
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
the "Pictures of Resistance" exhibit is in Exhibitor's possession. Under the terms of this
agreement, the Exhibitor is considered to be in possession of the "Pictures of Resistance" exhibit
from the time the Exhibitor, or any person designated by the Exhibitor to do so, receives the
"Pictures of Resistance" exhibit. It is recommended that Exhibitor purchase, at its expense, an
insurance policy, which at minimum covers $8,000.00 in case of damage, loss, or theft while the
"Pictures of Resistance" exhibit is in their possession.
10. Shipping. JPEF, or another exhibitor, will be responsible for shipping the "Pictures of
Resistance" exhibit to Exhibitor's location in time for the Date of Opening. At the end of the Term,
Exhibitor shall be responsible for all costs of shipping the "Pictures of Resistance" exhibit from
Exhibitor's location either back to JPEF or, in the event that the "Pictures of Resistance" exhibit is
booked for a date closely following the Term, to the next exhibitor at a location in the USA, unless
otherwise specified by JPEF upon prior agreement. Exhibitor is responsible to ensure that the
"Pictures of Resistance" exhibit is returned to JPEF or sent to the next exhibitor safely. When
shipping the "Pictures of Resistance" exhibit to JPEF or to the next exhibitor, Exhibitor, at its
expense, shall purchase insurance through the shipping company it uses to ship the "Pictures of
Resistance" exhibit, which, at minimum, covers $8,000 in case of damage, loss, or theft. Exhibitor
must compensate JPEF for all repair and/or replacement costs associated with any damage, theft,
or loss of the "Pictures of Resistance" exhibit, all the frames, photos, and panel materials, the
accompanying camera (in the event that a camera was shipped to the Exhibitor), the notebook
binder with printed pictures of all of the frames in the exhibit, the six pieces of gray foam packing
inserts, and the three storage containers (apart from normal wear and tear of said containers),
up to but not to exceed $8,000.00, that occur during the shipping of the "Pictures of Resistance"
exhibit from Exhibitor's location to JPEF or to the next exhibitor. Exhibitor shall be responsible
for the costs associated with shipping the "Pictures of Resistance" exhibit back to JPEF, or the
next exhibitor, in an amount not to exceed the regular cost of shipping the exhibit to JPEF's San
Francisco headquarters via FedEx Ground service.
11. Damage, Loss, or Theft Reporting. By the Date of Opening, Exhibitor shall inform JPEF of any
missing items from the "Pictures of Resistance" exhibit (including all the panels and
accompanying frames and photographs from the list in Exhibit A of this contract, the
accompanying camera, in the event that a camera was shipped to the Exhibitor, three shipping
containers, six gray foam packing inserts included in the shipping containers, and the notebook
binder with printed pictures of all of the frames in the exhibit) and any damages to the shipping
containers, the camera (in the event that a camera was shipped to the Exhibitor), or the "Pictures
of Resistance" exhibit, other than the damages listed in Appendix A of this contract. Any loss,
theft, or damage, other than the damages listed in Appendix A of this contract or the normal wear
and tear of the shipping containers, that are not reported to JPEF by the Exhibitor by the Date of
Opening and that are noted by JPEF or the next exhibitor upon receipt of the "Pictures of
Resistance" exhibit from Exhibitor shall be considered to have occurred while the "Pictures of
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
Resistance" exhibit was in the possession of the Exhibitor or during shipping of the "Pictures of
Resistance" exhibit from the Exhibitor's location back to JPEF or onto the next exhibitor, and,
thus, Exhibitor will be liable and must compensate JPEF for any and all of the associated repair
and/or replacement costs of said damage, theft, or loss, up to but not to exceed $8,000.00.
12. Removal of Exhibit. If the Exhibitor violates this agreement, JPEF reserves the right to remove
the exhibit from the exhibit location, at its own expense, with the Exhibitor forfeiting entire
Rental Fee. Exhibitor agrees to reasonably accommodate any request for access by JPEF or its
agents for the purpose of safe, economical and prompt removal of the exhibit.
13. Warranties. The parties warrant that they are authorized to enter into this Agreement and
have no conflicting obligations to this Agreement. Exhibitor hereby represents, warrants and
agrees (1) that it has a bona fide intention to complete the services within the Term and
cooperate with JPEF in the preparation of the Exhibit; (2) that all work by Exhibitor shall be
completed in a competent and workmanlike fashion; (3) that other than the display of the works
and promotion of the exhibit using the partial list of works as approved by JPEF, no other
broadcast, distribution or reproduction of the work is authorized, (4) that notice of any claim or
demand will be shared with JPEF; (5) representations and warranties shall survive the
termination of this Agreement for any reason; (6) JPEF in allowing for the display of the Exhibit
is not abandoning any rights and it will remain the sole author of the Work for purposes of
copyright throughout the universe and that the Work and all rights therein, including, without
limitation, copyright, trademarks, moral rights or similar rights belong to and shall be the sole
and exclusive property of JPEF.
14. Hold harmless. Exhibitor shall hold harmless, defend and indemnify JPEF and its staff, Board
members, and volunteers from and against any and all liability, injury, loss, damage, expense, and
costs (including without limitation costs and fees of litigation) of every nature arising out of or in
connection with Exhibitor's performance of work hereunder or its failure to comply with any of
its obligations contained in the agreement, except such loss, injury, or damage which was caused
by the sole negligence or willful misconduct of JPEF.
15. Miscellaneous. This Agreement shall be governed by and construed under the laws of the State
of California as applied to agreements among California residents entered into and to be
performed entirely within California. This Agreement is not assignable without the written consent
of the parties hereto. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
Any term of this Agreement may be amended and the observance of any term of this Agreement
may be waived (either generally or in a particular instance and either retroactively or
prospectively), only with the written consent of the other party hereto. Any amendment or waiver
affected in accordance with this paragraph shall be binding upon the parties. If one or more
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JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
provisions of this Agreement are held to be unenforceable under applicable law, such provision, or
such portion of such provision as may be necessary, shall be excluded from this Agreement and the
balance of the Agreement shall be interpreted as if such provision were so excluded and shall be
thereafter enforceable in accordance with its terms. In the event of any claim, dispute, litigation,
arbitration or action concerning or related to this Agreement, or any alleged breach of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs of suit and
disbursements in addition to any other remedies or damages which may be properly awarded or
awardable. The titles and subtitles used in this Agreement are used for convenience of reference
only and are not to be considered in construing or interpreting this Agreement. Any notice or
other communication required or permitted to be given by either party shall be given in writing
either personally or by U.S. first-class mail, postage prepaid, addressed to the other party at the
address shown below such party's signature hereto or to such other address as either party shall
indicate by proper notice to the other in the same manner as provided herein. All notices will be
deemed effective upon receipt. This Agreement, together with the attachments hereto, is the
entire agreement of the parties and supersedes any prior agreements between them, whether
written or oral, with respect to the subject matter hereof. Both parties have had an opportunity
for legal review of all of the terms hereof. The parties therefore agree that, in interpreting any
issues which may arise, any rules of construction related to who prepared this Agreement or
otherwise are not intended and shall be inapplicable, each party having contributed or having
had the opportunity to contribute to clarify any issue, and the parties hereto being joint authors
hereof.
(Signatures on next page)
IN WITNESS WHEREOF, the parties have executed this Agreement by their agent duly
authorized as of the date first above written.
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
Tustin
The City of Tustin, California:
Print Name and Title of Representative of the City of
Signature
Date
Jewish Partisan Educational Foundation (JPEF)
(A California not-for-profit public benefit company)
Sheri Pearl
Director of Development
2245 Post Street, Suite 204
San Francisco, CA 94115
Date
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
Exhibit A
Order of Panels for "Pictures of Resistance; the wartime photography of Jewish Partisan Faye
Schulman"
1. Who are the Jewish Partisans?
2. JPEF Panel.
3. Map of Poland
4. Faye's Parent & The Lazebnik family
S. Faye at Desk with Loupe
6. Podipya Street & The "new" synagogue
7. Molotova brigade
8. Group of partisans
9. Partisans in Forest
10. Faye with old friends
11. Faye with her detachment
12. Partisan makeshift hq
13. Faye and Partisans on Horseback
14. Raika age 9
15. Dr. Ivan Vasilewich
16. Molotova brigade partisan leaders
17. Partisan burial
18. Shish detachment field operating table
19. Faye and her rifle
20. Faye & Dr. Dr. Ivan Vasilewich
21. The Lazebnik family home
22. Faye & Partisan friends before a mission
23. Leaving on a mission
24. Train tracks near Minsk
25. Faye, Morris Schulman and her two brothers
26. Faye and Morris Schulman
27. Sarah
28. Partisan group in DP camp
29. Faye in DP camp
30. Faye with her camera
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JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
Appendix B
Pictures of Resistance Unpacking Instructions
1. The crates are heavy (each weighs 106 lbs.) - please make sure that the person(s) who
will handle the materials are able to do so safely. The same goes for packing.
2. There are 10 photographs per crate. The frames are not necessarily in the order in which
they are supposed to be hung. Please check the number on the back of the frame and/or
the printout of the photos and captions, which is enclosed in one of the three boxes, in
order to hang the frames in the correct order. The document has the actual images in the
exact order. There is also an ordered list of titles below.
3. The exhibit also includes a DVD interview with Faye Schulman. This should be played in
the room with the exhibit, on a loop, whenever it's open, your available technology
permitting.
4. The exhibit panels have a wire strung across two d -type hooks on the back.
S. Please make sure the packing foam, cardboard corner protectors on every frame, and
bubble wrap is safely stored in the vicinity of the containers, and that all three containers
are accounted for.
Pictures of Resistance Packing Instructions
1. Please use FedEx/UPS to ship the exhibit back to JPEF or on to the next venue after the
exhibit closes (unless specified otherwise). Use Ground Shipping services, which take
about 5-6 days between most destinations in the continental US. Each box needs to be
insured via the shipping service for $2,666, totaling $8,000 for the entire exhibit as
delineated in the contract.
2. Please be sure to wrap every frame with bubble wrap. id
%m��The bubble wrap should entirely cover the front of theframe and wrap a few inches over all edges of the
frames (See sample pictures). If the bubble wrap in
which the photos arrived is no longer usable and you do
not have any bubble wrap with which to replace it,
please contact the Jewish Partisan Educational Foundation's Office, 415-563-2244.
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
a.
Q
3. Please place a cardboard corner protector securely on every frame corner. The frames
should have arrived with the protectors. If the corner protectors in which the photos
arrived is no longer usable and you do not have any corner protectors with which to
replace them, please contact the Jewish Partisan Educational Foundation's Office, 415-
563-2244.
4. Please pack images in the order listed below, 10 images per crate.
S. Frames are to be placed glass -to -glass, frame -to -frame. If the back of one frame touches
the front of another frame, the hanging hardware will scratch the front of the other frame
and cause damages in shipping.
6. Please do not forget to re -pack the foam inserts that arrived inside the crates; one foam
insert should be placed on the top and bottom of each box of frames.
7. Please do not forget to include the DVD of the Faye interview, these packing instructions,
and the binder with the printout of the images in one of the boxes.
8. Please be sure to securely fasten all the straps and buckles on the outside of the shipping
containers in order to assure that they do not come open during shipping.
9. Please make sure the mailing labels are secured to the outside of the crate. We've had
them fall off before.
Set Up
Order of panels for "Pictures of Resistance: the Wartime Photography ofJewish Partisan Faye
Schulman":
JEWISH PARTISAN EDUCATIONAL FOUNDATION "PICTURES OF RESISTANCE" EXHIBIT CONTRACT
1. Who are the Jewish partisans?
2. JPEF intro
3. Map of Poland
4. Faye's Parent & The Lazebnik family
S. Faye at Desk with Loupe
6. Podipya Street & The "new" synagogue
7. Molotova brigade
8. Group of partisans
9. Partisans in Forest
10. Faye with old friends
11. Faye with her detachment
12. Partisan makeshift headquarters
13. Faye and Partisans on Horseback
14. Raika age 9
15. Dr. Ivan Vasilewich
16. Molotova brigade partisan leaders
17. Partisan burial
18. Shish detachment
19. Faye and her rifle
20. Faye & Dr. Dr. Ivan Vasilewich
21. The Lazebnik family home
22. Faye & Partisan friends before a mission
23. Leaving on a mission
24. Train tracks near Minsk
25. Faye, Morris Schulman and her two brothers
26. Faye and Morris Schulman
27. Sarah
28. Partisan group in DP camp
29. Faye in DP camp
30. Faye with her camera.
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