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RESOLUTION (ID # 3595) DOC ID: 3595 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/15/2014
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a
Grant in the Amount of $2,500 to the San Bernardino Black Culture Foundation and
Authorizing the Execution of a Grant Recipient Agreement for the Creation and
Installation of a Statue of Rosa Parks at the Rosa Parks Memorial Building. (#3595)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial Impact to the General Fund. There would be a minor impact to the
Cultural Development Construction Fee fund, of$2,500. $280,000.00 has been
appropriated to fund 247 [Cultural Development Fee Fund].
Motion: Adopt the Resolution.
BACKGROUND:
On December 1, 1955, Rosa Parks took a stand for civil rights by refusing to give up her
seat on a bus in Montgomery, Alabama, inspiring the Montgomery bus boycott and
kicking off the American Civil Rights Movement by challenging the notion of
institutionalized segregation in the South.
Parks received many accolades during her lifetime, including the Springarn Medal, the
highest honor given by the National Association for the Advancement of Colored People
(NAACP), the Presidential Medal of Freedom and the Congressional Gold Medal.
Locally, she served in 1991 as the Grand Marshall of San Bernardino's annual Black
History Parade.
I The Black Culture Foundation recently submitted a request to the San Bernardino Fine
Arts Commission for partial funding of a bronze statue, a near life-sized representation
of Parks on a bus bench, to be placed in the front of the State of California Rosa Parks
Memorial building at 464 West 4th Street in San Bernardino.
The Black Culture Foundation estimates the budget for the project: supplies, molding,
bronzing, sculpting, and installation to be $38,000 (budget attached). The Foundation is
seeking matching grants from San Bernardino County, Omnitrans and the San
Bernardino Association of Governments, as well as private funders, such as the
CALTRANS Employee Association, and has secured most of the $38,000.
At its November 18, 2014 meeting, the Fine Arts Commission voted to recommend that
the Mayor and Common Council award of$2,500 in Cultural Development Construction
Updated: 12/4/2014 by Linda Sutherland B I Packet Pg. 3 89
3595
Fees, which are restricted for use to support community art, to support this project.
According to the audited 2011-12 Comprehensive Annual Financial Report (Commonly
called the CAFR, available on the city web site), there is $439,384 available for these
types of projects. The page showing the funds available (More is likely available, but
those numbers will not be released until the audit is complete for the years of 2012-13
and 2013-14, expected in late 2014).
There was extensive discussion within the commission about the importance of Parks to
the Civil Rights movement, the prospect of using the statue as an educational tool for
local schools, and about the importance of supporting local artists, such as sculptor
Patrick Jewett. Additionally, the commissioners were pleased that the Black Culture
Foundation was seeking a relatively small portion of the project's cost in seeking a grant
from the City.
FAC recommendation:
Award $2,500 from the Cultural Development Construction Fees to the Black Cultural
Foundation to support the creation and installation of a bronze statue at the Rosa Parks
Memorial building.
City Attorney Review:
Supporting Documents:
RESO - Rosa Parks(DOC)
agrmt 3595 (PDF)
CAFR2011-12_page199 211 (PDF)
#3595 BudgetPerformance(PDF)
Updated: 12/4/2014 by Linda Sutherland B Packet Pg.390;,
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AWARDING A GRANT IN THE AMOUNT OF $2,500 TO THE
3 SAN BERNARDINO BLACK CULTURE FOUNDATION AND AUTHORIZING THE
EXECUTION OF A GRANT RECIPIENT AGREEMENT FOR THE CREATION
4 AND INSTALLATION OF A STATUE OF ROSA PARKS AT THE ROSA PARKS N
5 MEMORIAL BUILDING. ,NLc
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF y
SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor and Common Council hereby award to the San Bernardino Black c
9 Culture Foundation a Cultural Development Grant in the amount of$2,500.00, made pursuant
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10 to San Bernardino Municipal Code Chapter 15.57, for the purposes of promoting fine art and Ui
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culture in the City of San Bernardino; and, 3
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SECTION 2. The City Manager of the City of San Bernardino is hereby authorized to 0
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14 execute on behalf of the City a Grant Recipient Agreement, attached as Exhibit "A" and 0
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15 incorporated herein by this reference as though set forth fully at length.
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SECTION 3. That the authorization granted by this Resolution is rescinded and of no further �
17 effect if the action authorized is not performed within sixty (60) days of the passage of this 3
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AWARDING A GRANT IN THE AMOUNT OF $2,500 TO THE
2 SAN BERNARDINO BLACK CULTURE FOUNDATION AND AUTHORIZING THE
EXECUTION OF A GRANT RECIPIENT AGREEMENT FOR THE CREATION
3 AND INSTALLATION OF A STATUE OF ROSA PARKS AT THE ROSA PARKS i
4 MEMORIAL BUILDING.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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7 Common Council of the City of San Bernardino at a meeting
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8 thereof, held on the day of , 2014,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT d
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11 MARQUEZ a
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13 VALDIVIA
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17 JOHNSON
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18 MULVIHILL v
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20 Georgeann Hanna, City Clerk a
21 The foregoing resolution is hereby approved this day of , 2014. c
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24 R. CAREY DAVIS, Mayor
City of San Bernardino E
25 Approved as to form:
GARY D. SAENZ, City Attorney Q
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27 By:
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Pact Pg. 392'
GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR
CREATION AND INSTALLATION OF A STATUE OF ROSA PARKS AT
THE ROSA PARKS MEMORIAL BUILDING IN SAN BERNARDINO
This Grant Recipient Agreement(the "Agreement") is entered into this day of
20 , BY AND BETWEEN:
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the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY"); o
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San Bernardino Black Culture Foundation, a non-profit organization, incorporated under C
the laws of the State of California and having its principal place of business in San LL
Bernardino, CA (the "Grant Recipient") (individually CITY or GRANT RECIPIENT d
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may be referred to as a"PARTY" and collectively CITY and GRANT RECIPIENT may o
be referred to as the "PARTIES").
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WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and Q
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WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the d
proposal by the Grant Recipient and recommends the City support the creation and installation of °
a Rosa Parks statute at the Rosa Parks Memorial Building in San Bernardino ("Project") to
promote fine arts and culture; and
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WHEREAS,the Mayor and Common Council of CITY have determined that it is advantageous CD
and in the best interest of the CITY to support the Project to promote fine arts and culture; and, M
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WHEREAS, CITY and GRANT RECIPIENT desire to memorialize the nature of the Project M
and desire to set forth their rights, duties, and liabilities in connection with the City's support of
the Project; and,
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions d
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
�. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
Page I of 8
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. SCOPE OF SERVICES.
CITY hereby awards to GRANT RECIPIENT, and GRANT RECIPIENT hereby agrees to
accept, a Cultural Development Grant in the amount of$2,500.00, subject to availability of the
funds, for the purpose of creating and installing a permanent statue of Rosa Louise McCauley
Parks, an African-American civil rights activist, at the Rosa Parks Memorial Building located at Y
464 West 4th Street in San Bernardino. The Project shall be budgeted in substantial conformity a
with the budget attached as Attachment "1" and incorporated herein by this reference as though
set forth fully at length. o
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2. DISBURSEMENT,RECORDS,AND REPORTS. 0
2.1 Grant Disbursement. GRANT RECIPIENT shall be paid the grant amount of
$2,500.00. No other amounts, except those expressly provided for in this
Agreement, shall be paid by CITY. ,L
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2.2 Grant Reversion. If GRANT RECIPIENT is unable to secure all funding
necessary to complete the Project by December 31, 2015, or is unable to begin y
work on the Project by March 31, 2016, or is unable to complete the Project by o
June 31, 2016, then any unexpended Grant amount paid to Grant Recipient shall
a be immediately returned to the CITY.
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2.3 Records and Audits. The Grant Recipient shall maintain accounting books, d
records, documents and other evidence relating to this Agreement, adequate to 0
show, without limitation, all costs incurred and revenues received by the Grant �o
Recipient for the Project and the overall progress toward completion of the
Project ("Project Books and Records"). The Grant Recipient shall maintain
Program Books and Records in accordance with the generally accepted
accounting standards. Program Books and Records must be kept in the possession a)
of the Grant Recipient for at least three years after the date of last disbursement M
under this Agreement, or for such longer period, if any, required to resolve any rn
claims or audits, or if required to do so by the City. M
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2.4 Access. The Grant Recipient shall permit, and shall ensure that all third parties
permit, authorized representatives of the City, agents of the City, and any other
third party authorized by the City, unrestricted access at all times to: (i) Project
Books and Records and any other documentation related to the Project held by the
Grant Recipient; (ii) the premises of the Grant Recipient where Project Books and
Records are kept or Project activities are or have been carried out; (iii) other sites Q
where Project-related documentation is kept or Project activities are or have been
carried out; and(iv) all personnel of the Grant Recipient.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CUL'T'URE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
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2.5 R_ eports. The Grant Recipient shall provide to the City, not later than June 31,
2015, a written report on the progress of the Project. The Grant Recipient shall
submit written reports on the progress of the Project periodically thereafter at least
once every six months, until the Project is completed. Grant Recipient shall
include in any such reports an explanation for any variance between planned and
actual progress of the Project and any variance between planned and actual
expenditures.
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3. TERM; TERMINATION. y
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The term of this Agreement shall be from December 1, 2014 until June 31, 2016. a.
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This Agreement may be terminated at any time upon thirty (30) days written notice by either
PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing. °
The duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY. LL
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GRANT RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, c
employees, agents, or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or omission of GRANT RECIPIENT, its o
employees, agents, or subcontractors, relating to or in any way connected with the U
accomplishment of the Project under this Agreement, unless the bodily injury or property
damage was actually caused by the sole negligence of the CITY, its elected officials, employees, a
agents or representatives. As part of the foregoing indemnity, GRANT RECIPIENT agrees to
protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, d
employees, agents or representatives from any and all legal actions based upon such actual or °
alleged acts or omissions. GRANT RECIPIENT hereby waives any and all rights to any types of
express or implied indemnity against the CITY, its elected officials, employees, agents or
representatives, with respect to third party claims against the GRANT RECIPIENT relating to or
in any way connected with the accomplishment of the Project under this Agreement. 0)
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5. INSURANCE. LO
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The GRANT RECIPIENT shall maintain, where available at a reasonable cost, all risk property E
insurance on Project assets and comprehensive general liability insurance with financially sound
and reputable insurance companies. The insurance coverage shall be consistent with that held by w
4 similar entities engaged in comparable activities.
6. NON-DISCRIMINATION. .2
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In the performance of this Agreement and in the hiring and recruitment of employees, GRANT
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
err• GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
Page 3 of 8
Packet Pg.395
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
GRANT RECIPIENT shall perform the Project provided by this Agreement, but for all intents
and purposes GRANT RECIPIENT shall be an independent contractor and not an agent or
employee of the CITY. GRANT RECIPIENT shall secure, at its expense, and be responsible for
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any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Y
Unemployment Compensation, and other payroll deductions for GRANT RECIPIENT and its
officers, agents, and employees, and all business license, if any are required, in connection with a
the services to be performed hereunder. o
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8. PERMITS AND OTHER REQUIREMENTS.
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GRANT RECIPIENT warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, all necessary licenses, permits, qualifications, insurance and approval
of whatever nature that are legally required of GRANT RECIPIENT to practice complete the
Project. o
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9. NOTICES.
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Any notices, documents, correspondence, or other communication concerning this Agreement or U
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by a
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. c
Mail as reflected by the official U.S. postmark. d
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TO THE CITY: TO THE GRANT RECIPIENT:
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City Manager Secretary v
300 N. "D" Street P.O. Box 7288 rn
San Bernardino, CA 92418 San Bernardino, CA 92411 M
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Either PARTY may change the address for delivery of notices by sending notice of the change to M
the other PARTY in conformity with this Section. E
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10. ATTORNEYS' FEES w
In the event that litigation is brought by any PARTY in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its a
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
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Packet Pg.396
11. ASSIGNMENT.
GRANT RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the Grant Award made by this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release GRANT RECIPIENT of
GRANT RECIPIENT'S obligation to complete the Project. N
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12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this Agreement 0
shall be tried and litigated either in the Superior Court of the State of California for the County of L
San Bernardino or the United States District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be =
mandatory and not permissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws. 2
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14. SUCCESSORS AND ASSIGNS. v
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This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement E
and their respective heirs,representatives, successors, and assigns. d 2
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15. HEADINGS. °
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The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its v
provisions.
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16. SEVERABILITY. LO
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If any provision of this Agreement is determined by a court of competent jurisdiction to be E
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER. a
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
Page 5 of 8
Packet Pg.:397
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The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement shall in no way be deemed a waiver of those rights to
require such performance or compliance. No waiver of any provision of this Agreement shall be
effective unless made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future 3
occurrences or events and shall not be deemed a continuing waiver.
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18. ENTIRE AGREEMENT.
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This Agreement constitutes the entire agreement and the understanding between the PARTIES, 0
and supersedes any prior agreements and understandings relating to the subject matter of this c
Agreement. �-
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19. COUNTERPARTS. c
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This Agreement may be executed in counterparts, each of which shall be deemed to be an 0
original, but all of which, taken together, shall constitute one and the same agreement. In the o
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' U
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if o
such facsimile or".pdf' signature page were an original thereof. 0
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20. AMENDMENT. a
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No amendment to this Agreement will be effective unless it is in writing and signed by both d
PARTIES. °
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21. CORPORATE AUTHORITY.
Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are a)
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so the
PARTIES hereto are formally bound to the provisions of this Agreement. Ln
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22. COMPLIANCE WITH LAW. E
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GRANT RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and
regulations.
23. FORCE MAJEURE.
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for
the period that such failure or delay is due to causes beyond its reasonable control, including but
not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any
other force majeure event.
`rr GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
Page 6 of 8
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25. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits
or Attachments,the terms set forth in this Agreement shall prevail.
26. CONSTRUCTION.
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The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the co
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any o
Party by virtue of authorship of any of the provisions of this Agreement.
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GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
Page 7 of 8
Packet Pg.399
GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR
CREATION AND INSTALLATION OF A STATUE OF ROSA PARKS AT
THE ROSA PARKS MEMORIAL BUILDING IN SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
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Dated: , 2014 GRANT RECIPIENT: a
San Bernardino Black Culture Foundation o
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Dated , 2014 CITY OF SAN BERNARDINO
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By: d
Allen Parker, City Manager a
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APPROVED AS TO FORM: °
Gary D. Saenz, City Attorney
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GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SAN BERNARDINO BLACK CULTURE FOUNDATION FOR INSTALLATION OF A ROSA PARKS STATUE
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' Budget for Rosa Parks Sculpture
Supplies & tools $11000.00
Molding $7,000.00 y
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Bronzing $9,700.00 a
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Sculpting fee $13,500.00
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Bronzed donor plaque $2,500.00
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Statue installation and delivery $1,300.00 0
Concrete bench fabrication and Installation $3,000.00
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Total $ 38,000.00 E
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The Rosa Parks Project is working with the San Bernardino County Board of
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Supervisors to acquire the necessary funding for the statue of Rosa parks.We ci
are also looking for matching grants from Omnitrans and San bag. The San Ln
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Manuel Mission Indians have expressed interest in donating as well. It is our `"
hope that we could install the statue sometime in February for black History M
month. E
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The sculpting process for the statue of Rosa Parks has been completed.
Molding 1 week
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Bronzing 7 weeks a
Installation 1 day
Packet Pg.402
CITY OF SAN BERNARDINO
Schedule of Revenues, Expenditures, and Changes in Fund Balance— Budget and Actual
Nonmajor Capital Projects Fund — Cultural Development Construction Fee
Year Ended June 30, 2012 (with comparative totals for the year ended June 30, 2011)
Final Actual Variance with Prior Year
Budget Amounts Final Budget Actual o
REVENUES
Licenses and permits $ 200,000 $ 398,776 $ 198,776 $ 149,896
Investment income(loss) 15,000 (166) (15,166) (1,666) a
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Total revenues 215,000 398,610 183,610 148,230 G
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EXPENDITURES - - - -
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Excess(deficiency)of
revenues over(under) U-
expenditures 215,000 398,610 183,610 148,230
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OTHER FINANCING SOURCES (USES) o
Transfers out (357,000) (357,000) - (357,000)
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Total other financing sources(uses) (357,000) (357,000) - (357,000) o
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Net change in fund balance (142,000) 41,610 183,610 (208,770) m
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Fund balance, beginning of year 397,774 397,774 - 606,544 c
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Fund balance, end of year $ 255,774 $ 439,384 $ 183,610 $ 397,774
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