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RESOLUTION NO. 98-287
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RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTIIORIZING TIlE
EXECUTION OF AN AGREEMENT WTIH TIlE SINFONIA MEXICANA FOR TIlE
PROMOTION OF ARTS AND CULTURE.
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
9 and directed to execute on behalf of said City an Agreement with the SINFONIA
10 MEXICANA, a copy of which is attached hereto marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above referenced agreement
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is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
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15 passage of this resolution.
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28 September 22, 1998 1
98-:-287
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RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUlHORIZING TIlE
, EXECUTION.OF AN AGREEMENT wrrn TIlE SINFONIA MEXICANA FOR TIlE
1 PROMOTION OF ARTS AND CULTURE.
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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 regular
meeting thereof,
5 held on the 5th day of October
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Council Members
ESTRADA
, 1998, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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The foregoing resolution is hereby approv this~day of
October ,1998.
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Approved as to form and
22 legal content:
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James F. Penman,
24 City ttorney
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28 September 22,1998
a~L~~
I V ALLES, Mayor
City f San Bernardino
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~8-287
1 AGREEMENT
2 Fine Arts Fundinq
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 ERNARDINO, a municipal corporation, referred to as "City" and the
5 INFONIA MEXICANA SOCIETY, a non-profit organization, referred to
S "Organization."
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7 The parties agree as follows:
8 1. Recitals.
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 activities sponsored by Organization as set forth in Organization's
13 grant proposal (hereinafter "the proposal") approved by the Fine
14 rts 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 Bernardino, as more fully set forth in the proposal submitted by
24 Organization.
25 2. Pavrnent. Upon presentation of a claim to the Mayor's
26 Office, City shall pay to Organization from the
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Exhibit "A"
98-287
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GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA
OCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
for the 1998-99 fiscal year, the total sum of $15,000
to cover the costs per the Fine Arts grant application
3. Use of Funds. The funds paid to Organization shall be
sed solely for the purposes set forth in Paragraph 1 and in strict
ompliance with the provisions set forth in the agreement. No
eviation from the agreement shall be made without the express
of the City of San Bernardino.
Said funds shall be
by June 30, 1999, and any unexpended funds shall be
12 returned to City by Organization.
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Accountinq.
Within 20 days after the completion of the
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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 which were provided by the City.
Financial records shall be
18 maintained 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
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section will result in the Organization reimbursing the City.
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5. Hold Harmless. Organization covenants and agrees to
defend, indemnify, and hold harmless the City and its employees and
27 agents from all liabilities and charges,
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98-287
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA
1 SOCIETY 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
5 of the funds paid hereunder and all operations under this
6 agreement. Payments hereunder are made with the understanding that
7 the City is not involved in the performance of services or other
8 activities of Organization. Organization and its employees and
9 agents are independent contractors and are not employees or agents
10 of the City in performing said services.
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Termination.
City shall have the right to terminate
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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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Assiqnment.
Organization shall not assign its interest
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22 in this Agreement without the prior written approval of City.
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Insurance.
Organization shall take out and maintain
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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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98-287
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA
1 SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
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3 agents and employees, Organization and its agents performing acts
4 covered by this Agreement from claims for damages for personal
5 injury, including death, as well as from claims for property damage
6 arise from Organization's or its agents' operations
7 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 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 anyone person, and subject to the same limit for each person, in
14 an 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 one occurrence.
18 (c) Workers Compensation. Organization shall provide workers
19 compensation insurance in the amount required by state law if the
20 funds provided hereunder are to be paid as salary to any employee
21 of Organization.
Organization shall require that all rights of
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subrogation under such policy of workers compensation insurance
shall be waived as to City.
City shall be set forth as an
additional named insured in each policy of insurance provided
ereunder.
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.
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98-287
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA
1 OCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
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9.
Obliqation.
Organization hereby covenants that it has
4 aken all actions necessary to make the adherence to the
5 imposed by this agreement a binding obligation of the
6 rganization.
7 10. Notices. All notices herein required shall be in writing
8 delivered in person or sent by certified mail, postage prepaid
9 as follows:
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As to City:
As to Organization:
w---u.
~ jP: LOUf,Herz
sinfonia Mexicana Society
362 W. Court St.
San Bernardino, CA 92401
Mayor's Office
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
11. Entire Aqreement.
This Agreement and any documents or
15 instruments attached hereto or referred to herein integrate all
16 terms and conditions mentioned herein or incidental hereto, and
17 supersede all negotiations and prior writing in respect to the
18 subject matter hereof. In the event of conflict between the terms,
19 conditions or provisions of this Agreement, and any such document
20 r instrument, the terms and conditions of this Agreement shall
12. Non-Discrimination. Organization agrees that for the term
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23 this Agreement it shall not discriminate in employment,
24 hiring, admission practices, advertising or in any
25 ther manner on the basis of race, color, creed, religion, national
jot! /to'
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26 rigin, sex, physical handicap, or marital status.
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98-287
GREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA
1 SOCIETY FOR THE PROMOTION OF THE ARTS AND CULTURE.
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CITY OF SAN BERNARDINO
les, Mayor
TTEST: K~yJ C1~
Rachel G. Clark, City Clerk
rJQj~~~~ ~1jJ
ORGANIZATION
J"4bl1la- !1eX/CaVla SocIAy
/ cL~ ~
13 pproved as to form
nd legal content:
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AMES F. PENMAN
15 ity Attorney
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98-287
PERFORMING ARTS - GRANT APPLICATION FORM
The City of San Bernardino - Fine Arts Commission
I. APPLICANT ORGANIZATION
II. Contact Person G. Louis Herz
Title President
Phone: (909) 875 - 8954 FAX (909) 875 2142
Sinfonia Mexicana Society
362 West Court Street
San Bernardino, California, 92401
III. Program category under which Support
is requested: Music
Phone: ( 909 ) 381 5388
Non-Profit I.D. 95-6153923
Number of Years In Existence 11
IV. Period of Support Requested
.JulY 1. 1998 throul!h Jnne 30.1999
Starting Ending
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V. PROJEcr DESCRIPTION: Under the auspices of the Inland Empire Symphony Assoclaflon, the S1nfonla
Mexlcana SocIety wtn once again present two culturally relevant and professlonaly slgnlftcCl'lt concer1s In
flscal year 1999.. A highly professional perfOlTTlance by the premier mariachi musldans Malachi Sol de
Mexico de Jose Hemandez wtII be held on December 11. 1998. and Indude tradll10nal MexlcCl'lI AmerIcan
Christmas selections performed alternately and In unison with Slnfonla Mexlcana student Marfachl, composed
of over 50 area chUdren and Ballet FoIklortco Clellto Undo. The second half of the flscal year. August 11. 1999,
Slnfonla Mexlcana again wtII host. Maestro Enrique D1emecke. this ttme conducttng the Orquestra Slnfonlca
National de Mexico; these 110 musicians and chorus win provtde an outstanding classical concert of a scope
not prevtously enjoyed by our patrons. Addlttonally, the local school children. educated as mariachi, wi
conttnue to demonstrate their musical accomplishments In a number of civic appearances and at concerts.
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VI. ESTIMATED PERSONS EXPECTED TO BENEFIT PROM THIS PROGRAMlPROJEcr: 5000
a) Number of persons by paid attendance: 3000
b) Number of persons by free complementary admission: 500
c) Number of performances scheduled: 2
d) Total attending all performances ((a) plus (b) 3500
VII. NEED STATEMENT: Inland Empire demographics demonstrate the need for a vigorous and
reputable Inslllutlonallzatlon of the cultural arts. This has been demonstrated In a number of memorable
classical concert perfOlTTlances at San Bernardlno's California Theater as well as the ucsa Cossoulls Arena
where the concert attracted a record number 4,50) persons. In SUbsequent concerts at the CaHfornla
Theater. Slnfonla Mexlcana conttnues to provtde quality musical entertainment to the community at large with
classical as wen as tradlllonal Mex/can music performances. The arts. expressed by us In music. provtde for
harmonious existence and understanding. Cultural diversity through music contributes significantly to stabHlty
In a community with a diverse pupulatlon.
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VIII. INTENDED RESULTS: A diverse cross-sectlon of residents win be exposed this year during the two
scheduled concerts. In addlllon. the separate youth project. which features young aspiring mariachi
musicians, wtlI provide these youngsters with an opportunity to see and leam from an Insplral10nal entourage
of adult musicians. Members of he community. regardless of social or economic cIassifIcat10n will be
provtded With the opportunity to view these concerts. The City of San Bernardino will provtde the Ieglllmate
acknowledgment and endorsement of the cultural diversity found In San Bernardino. SUch exposure
througwrttten and vtsual media provtdes the basic foundation and mind set necessary In the successful efforts
of the Slnfonla Mex/cana Society to meet Its public and soclal responsiblRttes.
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98-287
IX. Total anticipated expenses for this period: (Sinfonia Mexicana Society only)
SaIluy .to Wap
Total Costs
$ 18.000.
$ UOO
$ 0
$ 16.000
$ 0
$ 6j.000
$ 100.500
Supplies .to Material (Concert related only)
Travel
Fixed AssetsIRentals or Leases (California Theater .to Production)
Ol'lslllndil1g Loan Payments (lESA)
Fees.to Others (Includes $lj.OOO for Mariachi Youth inslJUctors)
.Since Sinfonia Mexicana Society is a subsidiary orpn;;"rion of the Inland Empire Symphony As8ociatIon, the fee cbarged by the
IESA to the SMS covers the expenses .dt....d to aboYe. For the 19911199 c:oncert series (2)tbe IESA bas ~ the SMS to P8Y
$9,000 per c:oncert or $18,000 fnr the two concerts to c:over "Administndive Expenses".
X. Total anticipated income for this period:
Total Income
Most Recent This
Fiscal Period Fiscal Period
$ 40,997 $ 42,000
$ 0 $ 0
$ 39.900 $ 22,000
$ SOO $ 0
$ 0 $ 1,500
$ 0 $ Ij()
$ 6j,65O $ 65.650
Income from performances
Revenue (stocks, bonds, rentals, etc.)
Grants(includes $12,000 for Mariachi Youth Instructional Prognun)
Contributions
Funds from Support Groups ( Mariachi Youth Administration)
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XI. Amount requested from the San Bernardino Fine Arts Commission:
A) Total Costs (Section IX)
$ 104.000
B) Total Income (Section Xl
C) Amount Requested (Ial minu (bl )
P=tage Requested: (Amount ~ divided by Total Costs)
.. $ 5,000 for SiDfonia Mexk:ana Mariachi Yoath Program
$ 6S.65O
$ 34J15O"
35%
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98-287
XU> Amount per penon to be ""bsidized by Fine Arts Grant
Amount Requested (Section XI Unc (c}) divided by number of people attending (Section VI Line (d}): S 6.97
xm. Puture Objectives:
As the avalabnlty of city funds win be increasingly restricted In the foreseeable future, how does your
organization propose to become more self-sufficient?
The S1nfonla Mexicana Sodety has establshed an active local and regional fund development campaign to
generate much needed financial support. Corporations and foundations as well as art groups are being
solicited for operating funds and musical performance funding. AddittonaUy. our Mariachi Youth instructional
Program, started In May 1997. wtlh an enrollment of 55 youngsters age 8 to 17 ,Is a big success. instructional
costs run about SI5.0Ci0.OO per year, wing professional martachl musicians as Instructors. Closely tied to our
concert series. the vlabllty of the youth program Is dependent upon the survival of the S1nfonla Mexlcana
Sodety. Of course, concert 1lcket sales wlI be pushed to offset future performance and operating expenses.
xm. Provide. brief" IIistory/bac:kgraud f1I tile orpllization: The S1nfonla Mexlccma Sodety Is afftIoted wtlh the
Inland Empire Symphony AssocIation (IESA). which serves as the fiscal agent. In order that both en1lllea
understand each other's goals and objectives. representatives of both sit on each other's committees and
advtsory boards. It Is the S1nfonla Mexlcana SocIety's responslbltly to develop. organize and promote
concerts which feature music by Mexican composers and perfOlTTlElrs of classical music that serves to
generate community awareness, education and appreciation of the Mexican cullure. AddittonaUy, S1nfonla
Mexicana promotes the ever popular martachl concerts and develops other actM1les and programs for the
enjoyment and beneftt of Inland Empire residents. both adults and chldren. Now, Into Its 14th year 01
organization and Involvement. the Slnfonla Mexicana Sodety has an impressive record of performances as
described In the history of S1nfonla Mexlcana In Its concert program booldets. S1nfonla Mexlcana wlII continue
to develop high quality and sophlstfcated performances by world renowned artists and perfOlTTlElrs. The
addtlton of our youth mariachi music instructional program Is designed to build confidence In students as part
of thelr education as well as encourage their appreciation of classical and tradtltonal Mexican music.
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Certification:
9.LMU~
Project Officer:: G. Louis Hen
Title:
President
Phone Number: (909) 375 3954
Date:
July 9. 1993
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. Slnfonla Mexlcana SocIety
199811999 Budget
As. of 7-1-98
It!I~OME
Advertising Revenue*
Charitable Contribution
Concession Percent
Foundation Grants
Government Grants
PrOgram Book Sales
Ticket Sales
TOTAL REVENUE
mHO
Truck Rental
Piano Rental
Advertising
IESA Administrative Allocation
Artist Fee
Artists LodglnglMeels
Theater Rentel
ASCAP Fees
Box Offlce
Bulk Mail
Food for Musicians & Crew
Program Book
Recording
SOI,lnd System Rental
Stage Managers
Stage HandslLoaders
Ticket Printing
A-1 Audio
poatage
Concert Coordinator
tJ/Iiscellaneous
TOTAL
* In kind contributions Included
Supplement to page 2
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Dee 11.1998 ADrII11. 1_
0 0
0 0
0 0
5,000 5,000
16,000 16,000
500 500
21.QOO 21.QQQ
42,100 42,100
0 100
0 135
500 500
9,000 9,000
12.500 36,000
100 0
1.760 1,760
0 50
50 50
135 135
100 0
500 500
185
2,800 0
250 250
1,500 aoo
148 148
2,000 0
300 300
400 200
628 1,H
32,858 50,083
Ticket Prices (for both performances):
30,25,20,15
911-287
SINFONIA Trini Gomez
1265 E. Shamrock
MEXICANA San Bernardino, CA 92410
SOCIETY Maurice Calderon (909) 884-1649(h)
Members - 1997 150 I Ridge St (909) 381-6259(0)
Redlands, CA 92373 (909) 384-0419(f)
(909) 793-7256(h)
(909) 890-0211 x532(0) Graciano Gomez
(909) 890-0429(f) 1265 E. Shamrock
San Bernardino, CA 92410
Raul Cardenas-Heraldez (909) 884-1649(h)
HONORARY MEMBER (909) 381-6259(0)
Marie Alonzo Consul de Mexico (909) 384-0419(f)
3064 LeRoy St 532 N. D St
San Bernardino, CA 92405 San Bernardino, CA 92401 Lou Herz
(909) 387-2230(0) 889-9837(0) 19545 Oakland Ave
(909) 387-2241(f) 889-8285(f) Rialto, CA 92377
(909) 875-8954(h)
Sophie Arias Mary L. Chavez (909) 875-2142(f)
4550 Harrison Canyon Rd 1864 Evelyn Cr
San Bernardino, CA 92404 Colton, CA 92324 Edward (Duke) Hill
(909) 882-3428(h) (909) 884-3841(h) HONORARY l\'IEMBER
(909) 384-5133(0) (909) 381-5388(0) 1752 Lomas Privadas Dr
San Bernardino. CA 92404
Glendy Avila Rosa Cortu (909) 882-0080(h)
PO Box 208 HONORARY MEMBER (909) 881-1864(0)
Yucaipa, CA 92399 Mexican Consulate (909) 886-1585(f)
(909) 795-1764(h) 532 N. D St
(909) 383-5777(0) San Bernardino, CA 92401 Maria Lopez
(909) 407-8547 (909) 889-9836(0) 471 W. 25th St
889-8285(f) San Bernardino, CA 92405
Gloria Bocanegra (909) 386-3951(0)
1370 Oak St Alfredo Enciso
Redlands, CA 92373 637 N. Mt Vernon Ave Anastacio Lozada
(909) 793-5888(h) San Bernardino, CA 92411 16036 Arrow Rt
(909) 386-8732(0) (909) 888-2791(0) Fontana, CA 92335
(909) 823-0044(0)
Tony Bocanegra Charles Eisenhard
1370 Oak St 27447 Pacific St Esther Mata
Redlands, CA 92373 HigWand, CA 92346 930 W. Edgehill Rd
(909) 793-5888(h) (909) 864-2310(0) San Bernardino, CA 92405
(909) 882-2943(0) (909) 864-6220(f) (909) 886-7423(h)
(909) 886-9619(f) (909) 880-6649(0)
(909) 420-8861 (pgr) (909) 800-6654(f)
Attachment
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98-287
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Manuel 1. Peredia
18290 Roberts Rd
Riverside, CA 92508
(909) 780-5077
Manny Sanchez
73-221 Highway III
Palm Desert, CA 92260
(619) 773-6600(0)
(909) 773-6603(t)
Mary Schnepp
1110 Devonshire Rd
San Bernardino, CA 92404
(909) 886-4448(h)
(909) 881-1864(0)
(909) 886-1585(t)
Jesse Valenzuela
2643 W. Williams St
Banning, CA 92220
(909) 846-3929(h)
(909) 885-2222(0)
revised 8-04-97