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HomeMy WebLinkAbout2015-133 I RESOLUTION NO. 2015-133 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 14 FINE ARTS COMMISSION 4 GRANT RECIPIENT AGREEMENTS AND AUTHORIZING THE EXPENDITURE OF 5 UP TO $60,000 OF CULTURAL DEVELOPMENT CONSTRUCTION FEES TO SUPPORT THE COMMUNITY CENTER SUMMER ART PROGRAM 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized 9 10 to execute a Grant Recipient Agreement between the City of San Bernardino and Martin Luther 11 King Middle School attached hereto as Exhibit "A" and incorporated by reference herein as if 12 fully set forth. 13 SECTION 2. That the City Manager of the City of San Bernardino is hereby authorized 14 15 to execute a Grant Recipient Agreement between the City of San Bernardino and California State 16 University San Bernardino attached hereto as Exhibit "B" and incorporated by reference herein 17 as if fully set forth. 18 SECTION 3. That the City Manager of the City of San Bernardino is hereby authorized 19 to execute a Grant Recipient Agreement between the City of San Bernardino and Bradley 20 21 Elementary School attached hereto as Exhibit "C" and incorporated by reference herein as if fully 22 set forth. 23 SECTION 4. That the City Manager of the City of San Bernardino is hereby authorized 24 to execute a Grant Recipient Agreement between the City of San Bernardino and Junior 25 26 University of San Bernardino attached hereto as Exhibit "D" and incorporated by reference 2-7 herein as if fully set forth. 28 1 1 SECTION 5. That the City Manager of the City of San Bernardino is hereby authorized 2 to execute a Grant Recipient Agreement between the City of San Bernardino and Richardson 3 PREP Hi Middle School attached hereto as Exhibit"E" and incorporated by reference herein as if 4 5 fully set forth. 6 SECTION 6. That the City Manager of the City of San Bernardino is hereby authorized to execute a Grant Recipient Agreement between the City of San Bernardino and Sinfonia 8 Mexicana Mariachi Youth Academy attached hereto as Exhibit"F" and incorporated by reference 9 herein as if fully set forth. 10 11 SECTION 7. That the City Manager of the City of San Bernardino is hereby authorized 12 to execute a Grant Recipient Agreement between the City of San Bernardino and LJR Intellect 13 Academy of the Arts attached hereto as Exhibit "G" and incorporated by reference herein as if 14 fully set forth. 15 16 SECTION 8. That the City Manager of the City of San Bernardino is hereby authorized 17 to execute a Grant Recipient Agreement between the City of San Bernardino and Del Rosa 18 Elementary School attached hereto as Exhibit"H" and incorporated by reference herein as if fully 19 set forth. 20 SECTION 9. That the City Manager of the City of San Bernardino is hereby authorized 21 22 to execute a Grant Recipient Agreement between the City of San Bernardino and Juanita B. 23 Jones Elementary School attached hereto as Exhibit"I" and incorporated by reference herein as if 24 fully set forth. 25 SECTION 10. That the City Manager of the City of San Bernardino is hereby 26 27 authorized to execute a Grant Recipient Agreement between the City of San Bernardino and 28 2 1 Jefferson Hunt Elementary School attached hereto as Exhibit "J" and incorporated by reference 2 herein as if fully set forth. 3 SECTION 11. That the City Manager of the City of San Bernardino is hereby 4 authorized to a execute Grant Recipient Agreement between the City of San Bernardino and 5 6 CHORDS Enrichment Youth Program attached hereto as Exhibit "K" and incorporated by reference herein as if fully set forth. 8 SECTION 12. That the City Manager of the City of San Bernardino is hereby 9 authorized to execute a Grant Recipient Agreement between the City of San Bernardino and San 10 11 Bernardino Symphony Orchestra attached hereto as Exhibit "L" and incorporated by reference 12 herein as if fully set forth. 13 SECTION 13. That the City Manager of the City of San Bernardino is hereby 14 authorized to execute a Grant Recipient Agreement between the City of San Bernardino and 15 16 Norton Space and Aeronautics Academy attached hereto as Exhibit "M" and incorporated by 17 reference herein as if fully set forth. 18 SECTION 14. That the City Manager of the City of San Bernardino is hereby 19 authorized to execute a Grant Recipient Agreement between the City of San Bernardino and 20 Inter-Prevention Meaningfully Intercepting the Negatives Toward Children (IM INC) attached 21 22 hereto as Exhibit"N" and incorporated by reference herein as if fully set forth. 23 SECTION 15. These authorizations shall expire and be deemed void and of no 24 further effect if the Agreements are not executed by both parties and returned to the Office of the 25 City Clerk within sixty (60) days following the effective date of this resolution. 26 2 7 SECTION 16. That the City Manager, or his/her designee, is hereby authorized to 28 expend up to sixty thousand dollars ($60,000) in Cultural Development Construction Fees from 3 1 Account # 267-090-0053-5502 to fund the 8 Week Community Center Summer Art Program as 2 described in Exhibit"O" attached hereto and incorporated by reference herein as if fully set forth. 3 4 5 6 7 8 9 /// 10 11 12 /// 13 /// 14 /// 15 16 /// 17 18 19 20 21 /// 22 /// 23 24 25 26 27 28 4 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 14 FINE ARTS COMMISSION 2 GRANT RECIPIENT AGREEMENTS AND AUTHORIZING THE EXPENDITURE OF 3 UP TO $60,000 OF CULTURAL DEVELOPMENT CONSTRUCTION FEES TO SUPPORT THE COMMUNITY CENTER SUMMER ART PROGRAM 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 6th day of July, 2015, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 11 BARRIOS X 12 VALDIVIA X 13 SHORETT x- 14 NICKEL X 15 JOHNSON X_ 16 17 MULVIHILL X 18 ��'�` 19 Geor/g// nn Hanna MC, City Clerk 2o The foregoing Resolution is hereby approved this day of July, 2 21 � � 11yr"1 22 R. Carey D is, Mayor 23 City of Sa Bernardino Approved as to form: 24 Gary D. Saenz, City Attorney 25 By: 26 27 28 5 EXHIBIT "A" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6 th day of July , 2015, BY AND BETWEEN: 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"); AND, Martin Luther King Middle School, a public middle school in the San Bernardino City Unified School District located at 1250 North Medical Center Drive, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Music Program at Martin Luther King Middle School in San Bernardino ("Project")to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "l," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of THREE THOUSAND DOLLARS ($3,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Holly Hunter 300 N"D" Street, 61h Floor Martin Luther King Middle School San Bernardino, CA 92518 Music Department 1250 North Medical Center Drive San Bernardino, CA 92411 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: HOLLY HUNTER, MARTIN LUTHER KING MIDDLE SCHOOL MUSIC DEPARTMENT By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B y:2 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 8 of 8 2015-133 ATTACHMENT I 2015-133 Visual and Performing Arts--- Grant Application Form City of San Bernardino - Fine Arts Commission I. Application/Organization Martin Luther King Middle School Music Department Holly Hunter: Director 1250 North Medical Center Drive San Bernardino, CA 92411 (909) 388-6350 (951) 225-5973 Website Address: www.sbcusd.com/kingmiddleschool Number of Years in Existence or in Teaching: 30 years 11. Contact Person Holly Hunter Music Director (951) 225-5973 holly.liuyiter@sbcLisd,kl2.ca.us 111. Program Category Under which support is requested: Music IV. Period of Support Requested: 8/2015-5/2016 (or duration of the music program) V. Project Description/Need Statement The Music program at Dr. Martin Luther King Middle School is provided to students as an elective course during the school day. Leveled band classes are offered (beginning and advanced), leveled string courses (beginning and advanced) and a choir course is offered. These are graded courses and provide rigorous curriculum to all interested students. Martin Luther King Middle School has eager students wanting to learn a musical instrument and/or sing in the choir, but unfortunately students lose the ability to develop their skills with the lack of instruments and 1 2015-133 supplies. Most students currently in the program are using old instruments beyond repair and are sharing with more than one student. Besides being unsanitary, this precludes students from taking their instrument home for daily practice. More instruments and supplies would provide the students with an enrichment program based on the California Standards for Visual and Performing Arts within the school day. Students would develop their own musicianship in the graded elective course participating in festivals and competition and performing for our community. The curriculum focus of the music program at King is theory, technique, history, performance and musicianship. Rigorous lessons developing inquiry and critical thinking provide students with the motivation to achieve at a high level. The teacher has been specifically trained to incorporate advanced learner strategies to meet the needs of all learners in the program. The funds provided by this grant will be used to purchase instruments to enhance our program and engage more students in an arts education. Students will benefit from being able to perform at competitive festivals during the 2015-2016 school year. Over 97% of students at King Middle School are socioeconomically disadvantaged and are of minority groups. Music provides an outlet for our students to interact socially and learn discipline while developing 2 2015-133 their skills as musicians. Music expresses emotion and develops teamwork skills among the sections of the ensemble. Providing our students with instruments, supplies, and opportunities to perform will give them learning beyond the classroom. Over 30% of music students currently enrolled in music courses at King Middle School are English Language Learners. Music courses at King Middle School provide our English learners with language scaffolding that can be applied in their core content areas.Approximately 5% of our music students receive Special Education supports and they have thrived in the music program. Performance opportunities build students confidence and self-esteem. Our band parents at King Middle School are committed to the program and care deeply about their child's ability to excel in the arts. It is a privilege to serve our population at King Middle School and an honor to observe our parents pride when their child performs with the band or choir. This educational experience is cornerstone to the learning opportunities we believe all students should receive during their middle school years. Our proposed business partners are Subway and Little Caesars',both located across the street from the school and are frequented by students and their families. When customers buy a meal at Subway or Little Caesars they will receive a complimentary ticket for the Fine Arts program events at King Middle School. The performances serve as culminating assessments to the curriculum taught each semester. 3 2015-133 Our school community is in need of safe, fun activities based on family values and entertainment. Music students at King Middle School can provide entertaining performances to reach out to our community and parents. VI. Estimated number of persons expected to benefit from this program: 1000 a. Number of concert paying attendees: 200 per performance b. Number of persons admitted by no fee: 150 per performance c. Number of classes and/or performances: i. 5 Classes with 30 students each meeting daily ii. 2 performance scheduled for each semester,totaling 4 performances per year d. Total attending classes/performances/displays/exhibits: 5 Classes per school day, 2 performances per semester, community involvement performances for School Board, Back to School Night, community parades, events and fairs. VII. Intended Results: Target Group Band Strings Choir Time Frame 15-16 School Year 15-16 School Year 15-16 School Year Number of 4 4 2 Performances Anticipated 200 per 200 per 200 per maximum performance, performance, performance, audience, participants 60 participants 60 participants 30 participants VIII. Total anticipated expenses for this period/program a. Salary/Wages: $0 b. Supplies &Materials: $11,000 i. Instruments and Supplies c. Travel: $0 d. Fixed Asses/Rentals or Leases: $0 e. Outstanding Loan Payments: $0 f. Fees and other: $0 4 2015-133 TOTAL EXPENSES: $11,000 IX. Total anticipated income for this period a. Income from Admission: $1000 b. Revenue: $0 c. Grants: $0 d. Contributions: $6000 e. Funds from Support Groups: $0 f. Other: $1000 TOTAL INCOME: $8,000 X. Amount Requested from the SB Fine Arts Commission a. Total Expenses: $11,000 b. Total Income: $8,000 c. Amount Requested: $3,000 d. 27% XI. Future Objectives: With this grant, each instrumental music student at King Middle School would be able to participate in music events and without having to share an instrument. This grant opportunity will provide equipment for students to participate and practice independently at home on an instrument checked out to them for the school year. By practicing at home, students will be able to play a greater and more advanced variety of musical literature that explores diverse genres and cultures, Latin style pieces, rock,jazz, and commercial music during performances and events for the community. Students will perform with accurate notes, rhythms and articulation because they are able to practice at home and develop their individual skill set. The music program at King aspires to be a community asset and provide entertaining events for the community to attend in addition to enhancing student learning. The music program at S 2015-133 King strives to allow students to attend Festivals and Competitions throughout Southern California to develop their techniques for performance and musicianship. XII. Provide a brief history/background of the organization/school project (what you've done before in this category of the arts): The mission of King Middle School is to foster a college-going culture where all students achieve academic success through access to rigorous curriculum taught in highly purposeful, engaging, relevant, and equitable ways. Our teachers will cultivate students that know how to think critically, problem solve, and work collaboratively in order to be prepared for college and beyond. Our vision is that all students will demonstrate excellence through academic achievement, integrity, and perseverance. King Middle School has a rich history in the Visual and Performing Arts. For over 30 years, King Middle School has been a Gifted and Talented Education magnet program in the San Bernardino City Unified School District. In addition, the school was a Visual and Performing Arts magnet in the 80's and 90's. As a Visual and Performing Arts magnet school the program was rich with instrumental and vocal music, modern dance and ballet, and musical theatre. In October of 1984, President Ronald Reagan came to the City of San Bernardino National Orange Show on his campaign trail to speak to 20,000 visitors. It was the King Middle 6 2015-133 School Band that entertained the president at that historical event in our community. In recent years, the King Middle School band has participated in the San Bernardino Christmas Parade, the Black History Parade and San Bernardino County Music Educator's Honor Band and Orchestra Events. The 2014-2015 Advanced Orchestra and Advanced Band attended the Music in the Park Festival at Disneyland Park this spring and both ensembles received first place in their division. King Middle School continues to make history in the arts today and we are proud of our heritage. 7 2015-133 Martin Luther King Middle School 1250 N. Medical Center Dr. • San Bernardino, CA 92411 Phone: (909) 388-6350 • Fax: (909) 388-6391 May 14, 2105 Dear Members of the City of San Bernardino Fine Arts Commission, Thank you for this opportunity to apply for this grant. Dr. Martin Luther King Jr. Middle School has a rich tradition of providing instrumental music opportunities for our students since we know that it not only contributes to academic success, but promotes good citizenship as well. Even though the budget for music programs has grown in recent years, it is still woefully inadequate considering the age of our instruments and being unable to replace them for a number of years. That is why this grant is so timely and important to our school and program. In the 2000's Martin Luther King Middle School existed as a Visual and Performing Arts Magnet site. The program was growing and thriving until the economy crashed causing the San Bernardino Unified School District to reduce funding out of necessity. While the district provided a music teacher during this time, there were no funds for instruments or field trips to festivals and competitions. It is our dream to see the program grow beyond its former level and become a source of pride for the students, staff and community of King Middle School. Should we be awarded this grant, all proceeds will strictly be used to purchase the highest quality instruments affordable with a commitment to teach players how to take care of them and a commitment to maintain them through site funds. Thank you for your consideration to assist Dr. Martin Luther King Middle School's endeavor to expand our instrumental music program into a viable, dynamic and successful program aimed to increase student achievement. Sincer y Mari Ja egui Prin ipal 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July 12015, BY AND BETWEEN: 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"); AND, Martin Luther King Middle School, a public middle school in the San Bernardino City Unified School District located at 1250 North Medical Center Drive, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Music Program at Martin Luther King Middle School in San Bernardino ("Project")to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Comuensation. RECIPIENT shall be paid the grant amount of THREE THOUSAND DOLLARS ($3,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. /// GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Holly Hunter 300 N"D" Street, 6th Floor Martin Luther King Middle School San Bernardino, CA 92518 Music Department 1250 North Medical Center Drive San Bernardino, CA 92411 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors,and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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 maj eure event. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 7 of 8 • 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 3 , 2015 RECIPIENT: HOLLY HUNTER, MARTIN LUTHER KING MIDDLE SCHOOL MUSIC DEPARTMENT By. � " ,, Its: A:5-3(4hAt1'f l) Dated ' 2015 CITY OF SAN BERNARDINO By: n Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARTIN LUTHER KING MIDDLE SCHOOL FOR A MUSICAL ARTS PROGRAM Page 8 of 8 EXHIBIT "B" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR AN OPERA PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July 12015, BY AND BETWEEN: 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"); AND, California State University San Bernardino, a public university located at 5500 University Parkway, San Bernardino, Ca.lif6rnia (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a. "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"'). WIT NESSETEI : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Opera/Theatre program at California State University, San Bernardino located in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connectio=n with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenant=s and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget inc=luded in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY.SAN BERNARDINO FOR AN OPERA PROGRAM Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of ELEVEN THOUSAND TWO HUNDRED AND SIXTY-FOUR DOLLARS ($11,264.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required. to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been cal ried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1„ 2015 until June 30, 2016, inclusive. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, Stale Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNAR.DINO FOR AN OPERA PROGRAM Page 3 cif 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Dr. Stacey Fraser 300 N "D" Street, 6th Floor California State University, San Bernardino, CA 92518 San Bernardino Opera Theatre Department 5500 University Parkway San Bernardino, CA 92507 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,,SAN BERNARDINO FOR AN OPERA PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES, WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation. arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any, religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in emplo=yment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will riot limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR AN OPERA PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12015 RECIPIENT: Dr. Stacey Fraser, California State University, San Beranrdino By: Its: Dated , 2015 CITY OF SAN BERNARDINO By:_ — Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 8 of 8 2015-133 ATTACHMENT I 2015-133 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino-Fine Arts Commission I. Applicant/Organization (Name,Address, Etc.) Dr.Stacey Fraser, Director of Opera Theatre,California State University San Bernardino 5500 University Parkway,San Bernardino,CA 92507 Telephone No. (909) 537-5835 Cell Phone (619)985-4156 Non-Profit I.D. No. 956067343 Foundation for CSUSB Website Address (if available) music.csusb.edu, www.staceyfraser.com Number of Years in Existence or in Teaching 50 11. Contact Person Dr. Stacey Fraser Title Professor/Director of Opera Theatre Telephone No: (909 ) 537-5825 Cell No: (619 ) 985-4156 E-mail address: sfraser @csusb.edu III. Program Category Under which Support is Requested: Theatre IV. Period of Support Requested: From September 24th, 2015 Through June 10th, 2015 Starting Ending 7 2015-133 V. Program Description/Need Statement After seven years of highly successful opera productions by the CSUSB Opera Theatre including the most recent presentation of Robert Xavier Rodriguez's Latin-American opera La Curandera, Opera Director Dr. Stacey Fraser is making application for funding through the Fine Arts Commission Grant, City of San Bernardino to develop and expand the current Opera Theatre program to comprise a full season of opera that will include an opera scenes concert for the Fail of 2015, featuring excerpts from Donizetti's Don Pasquale, a winter black box presentation of Kurt Weill's one act opera The Seven Deadly Sins and a full main stage spring production of Stephen Sondheim's Into the Woods. The funding from the Fine Arts Commission of the City of San Bernardino is indeed something from 'which our opera program and our 2015-2015 season would greatly benefit. Opera is an expensive venture and to be done cor°ectly and in the tradition al manner requires an orchestra, sets, costumes, lighting, reheasal pianist, publicity as well as personnel costs. The target audience will include the campus community of the Main CSUSB campus in San Bernardino as well as the satellite campus in Palm Desert, the community at large in the city of San Bernardino as well as the neighboring cities and towns in San Bernardino County. In addition to the fully staged performances with orchestra, the CSUSB Opera Theatre students will also do community outreach concerts within the San Bernardino City Unified School District in an effort to bring both opera education and opera performance to our San Bernardino youth. These outreach performances will use piano accompaniment and the repertoire will consist of excerpts from our main stage production of Into the Woods. The fail Opera Scenes performance of excerpts from Dori Pasquale is scheduled for 'iovert,ber 19, 2015, the black box presentation of Kurt 'Neill`s The Seven Deadly Sirs is scheduled for March, 2016 and the main stage performances of lrto the Woods are schedfuled for May 6th and May ?`', 2016 in the Recital Nall in the Department of N,1us;c, CSUSB. The productions will be directed by Dr Stacey Fraser and performances will be conducted by Dr. C'h%,Eun Lpe regent graduate of the prestigious Collaborative Ke'. k and Arts program at USC and resident artist at the world renowned Tangiewood Music Ceotrer, 2013-2014. Garry Fish will be the Technical Director for the entire CSUSB Opera Theatre 2015-2016 season and Costume Design mill be created by Emmy winning Jacqueline Saint-Arne, a collaborator of the CSUSB Opera Theatre for the past three years. Publicity will be done by the Department of Music publicist, Diana Reyes, The Development Office in the College of Arts and Letters will help to promote this inaugural full opera season at CSUSB. Ms Julie Nichols, Director of the Office of Development, .r iH be a key person in the promotion and continued expansion of the CSUSB Opera Theatre Program The outreach events at participating K-12 after school programs will be scheduled trrouahout the 2015-2016 academic year_ Although the City of San Bernardino is only 60 miles east of Los Angeles and the Los Angeles Opera, it is only the privileged few members of the San Bernardino community that have had the opportunity to attend a live operatic performance. It is the mission of the Opera Theatre program at CSUSB to not only prepare our students for a career in operatic performance but also to bring 8 2015-133 modern and innovative adaptations of traditional opera to the underserved city of San Bernardino and its surrounding areas. Funding from the Fine Arts Commission will allow the CSUSB Opera Theatre to present a full season of performances, one in fall, one in winter and the main-stage production in spring. In the past seven years, we have traditionally presented one work only in the Spring Quarter. Due to the increased popularity of the opera program, both the students and our audience would greatly benefit from a longer season. The fall performance will feature excerpts from Don Pasquale, one of the most famous and beloved Italian operas in the repertoire by Gaetano Donizetti. The excerpts from the work will be presented in a semi-staged fashion with reduced orchestration and feature the students of the CSUSB Opera Theatre. The winter performance will be a presentation of Kurt Weill's The Seven Deadly Sins and feature the faculty of both the CSUSB Theatre and Music departments. The performance of this work will be a collaboration between Dr. Stacey Fraser, Director of Opera Theatre, Dr. ChoEun Lee, CSUSB pianist and conductor, Theatre Arts professors Carol Damgen, and Andre Harrington and the San Bernardino born dancer, Faith Jensen-Ismay of the critically acclaimed Southern California dance company, Mojalet Dance Collective. The work will performed with piano in a black box setting. The Spring 2016 main stage production of Stephen Sondheim's Into the Woods will be presented in full costume with sets, digital projection, costumes and orchestra. it is the intent of the Director and Producer of the Opera Theatre, Dr. Stacey Fraser to create a setting for the piece that will feature pop cuiture themes in order to appeal to the modern audience. The CSUSB work will draw its inpsiration for set, digital projection, costumes and staging from the popular TV Series, Once Upon o Tim.e. The roles will be sung by the students and alumni of the CSUSB Opera Theatre program .and feature the costume designer of the Emm,,l winning Jacqueline Sant-Anne. The CSUSB Opera Theatre will collaborate and partner with the well known and critically acclaimed San Bernardino restaurant, Le Rendez-Vous to promote both the opera and the opportunity for fine dining experience in our city. A letter documenting this partnership is included in this grant proposal and signed by Manuel Gamboa, owner of Le Rendez-Vous. Ideas for promotion include: 1) Le Rendezvous at the Opera • Option 1: Package includes- Dinner for a couple (set menu) and two opera tickets. $40 • Option 2: Dinner for two (set menu) buy one ticket get one free OR buy one ticket get the other 50% off. $30 2) Night out at the Opera • Option 1: 20% off dinner at Le Rendezvous and buy one ticket get one 50°% off. • Option 2: 10% off dinner at Le Rendezvous get one free ticket for the opera with the purchase of one General Admission ticket. • Option 3: Buy one get one promotion for both dinner and opera ticket. Price TBD. 9 2015-133 VI. Estimated number of persons expected to benefit from this program. a) Number of persons paid by attendance 894 b) Number of persons admitted by no fee 1000 c) Number of classes and/or performances scheduled/length of display, 6 performances on CSUSB campus, 3 open dress rehearsals on CSUSB campus and 6 school visits to SBCUSD. d) Total attending classes/performances/displays/exhibits 1894 Please note that the number of audience members that will pay to attend the campus performances is based on the following: 1. Fall scenes concert from Don Pasquale November 19, 2015 (1 performance) 2. The Seven Deadly Sins Winter 2016(3 performances) 3. Into the Woods May 6 1 and 7`h, 2016. (2 performances) The outreach performances to K7-12 and the open dress rehearsals will be free of charge. These outreach performances will feature excerpts from the main stage production; 20-30 minutes of arias, duets and ensembles will be presented. VII. Intended Results: Audience members will be charged admission for all three productions: $15.00 for general admission, $10.00 for faculty and $6.00 for students. The target audience for these performances will be the CSUSB campus community and the community at large in the City of San Bernardino and surrounding communities. Rehearsals and performances for the opera program will begin in September of 2015 and continue though the end of the Spring Quarter in June of 2016. The final dress rehearsals for all three productions will be free admission and open to the students of the San Bernardino City Unified School District. The intended results include outreach performances that will be free of charge to K-12 schools in the San Bernardino School District. The Target audience will include the music and theatre programs in the as well as the students enrolled in CAPS. The San Bernardino City Unified School District is the ninth largest grantee in the After School Education & Safety (ASES, Proposition 49) program in the State of California. The before and after school program, Creative Before and After School Program for Success (CAPS), serves over 10,000 children every day, including nine Middle Schools and five High Schools The outreach performances will feature excerpts from the main-stage opera, Into the Woods with piano accompaniment and will be presented throughout the academic year. 10 2015-133 Target Group K-12 Students General Public Time Frame 1/11/16-6/10/16 9/24/15-5/7/16 Number of 9 performances (6 6 performances Performances/classes SBCUSD school site visits and 3 open dress rehearsals on the CSUSB campus) • Curtis Middle School • Arroyo Valley High School • Richardson Prep • San Gorgonio High School • San Bernardino High • Ceasar E. Chavez Anticipated maximum 1148 894 audience, participants 11 2015-133 VIII. Total anticipated expenses for this period/program: Salary/Wages $ 21,900.00 Supplies & Materials $ 4474.35 Travel $ Fixed Assets/Rentals or Leases $ Outstanding Loan Payments $ Fees and Other $ 2500.00 TOTAL EXPENSES $ 28, 874.35 IX. Total anticipated income for this period. Income from admission $ 10,110.00 Revenue $ 500.00 Grants $ Contributions $ 7000.00 Funds from Support Groups $ Other $ TOTAL INCOME $ 17, 610.00 X. Amount Requested from the SB Fine Arts Commission: a) Total Expenses (Section IX) $ 28, 874.35 b) Total Income (Section X) $ 17, 610.00 c) AMOUNT REQUESTED (a minus b) $-11, 264.35 d) Total %of budget (must not exceed 40%) 39.01 12 2015-133 CSUSB Opera Theatre Season 2015-2016 Revenue Projected Ticket Sales Number Price Total - Student 350 $6.00 $2,100.00 - General Admission 494 $15.00 $7,410.00 - Faculty 50 $12.00 $600.00 Funds from Dept of Music $7,000.00 Program Advertising $500.00 Total Revenue $17,610.00 Expenses Salary and Wages Orchestra Number Price Total - Players 20 $500.00 $10,000.00 Conductor $1,500.00 Orchestra Contractor Fee $300.00 Make-up/Hair Artist Fee $500.00 Costume Coordinator Fee $3,000.00 Student Assistant $800.00 Costume Assistant Fee $400.00 Set Designer Fee $1,000.00 Projection Designer Fee $800.00 Lighting Designer Fee $800.00 Choreographer Fee $400.00 Guest Artists $2,000.00 Publicity Design/Photos $400.00 Supplies and Materials Costumes $2,000.00 Props $400.00 Set $1,000.00 Make-up/hair supplies $400.00 Printing - Program 500 $0.50 $250.00 - Invitations 500 $0.265 $132.35 Mailing $292.00 Other Reception $1,000.00 Rental Scores/Royalties $1,500.00 Total Expenses $28,874.35 13 2015-133 XI. Future Objectives: Plans for supplemental funding include additional grant writing both internally at Cal State San Bernardino as well as externally through organizations such as the National Endowment for the Arts. In addition to the free outreach events for K-12 schools, it is the intent of the Opera Theatre program at California State University San Bernardino to do small concerts in private homes as a method of creating donations from members of the local community. There are additional plans to sell advertisement space in our opera programs. We began this method of fundraising in 2009 and did indeed have success with regard to selling ad space to local businesses and other arts organizations such as the San Bernardino Symphony. We do plan to approach some of the corporate businesses that may have more funds to purchase more detailed and bigger ads in our programs. The development office in the College of Arts and Letters is working with Dr. Stacey Fraser to reach out to these businesses and prospective donors. If we are unable to raise enough funds to present this project in the way that has been described in this proposal, we will simply need to cut back on our expenses, perhaps by reducing the salary/wages of the orchestra, conductor, rehearsal pianist and guest artists.The worst-case scenario would be to present the all three productions in concert style without sets and costumes and perhaps only with piano accompaniment. 14 2015-133 XII. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) The Opera Theatre program in the Department of Music at California State University, San Bernardino has been producing fully staged operatic productions and outreach activities for the past seven years. Dr. Stacey Fraser, Professor and Opera Director has worked diligently to develop an opera program that showcases the great talent and operatic voices that are currently enrolled in the Music Major, Bachelor of Arts degree program at Cal State San Bernardino. Four members of the full time music faculty are relatively new hires and have made aggressive efforts in the recruiting and retention of high quality music majors. This has led to a strong vocal program, one in which our voice majors have been featured in various venues including performances throughout the State as well as in Italy and Spain. Past opera productions at CSUSB include Bernstein's Trouble in Tahiti, done in a Mad Men inspired style, Humperdinck's Hdnsel and Gretel set in modern day Los Angeles with a gothic and fantastical twist, Mozart's Impresario set in the Wild West, San Bernardino, 1882, Mozart's Cosi fan tutte, set in the beloved City of San Bernardino Harris Company Department Store, circa 1964 and Offenbach's RSVP: or a Musicale at Mr. Cauliflower's set in the Roaring 20's New York City, circa 1928. Dr. Fraser produced two Latin-American pieces for the first time in Spring of 2014: Maria de Buenos Aires by Astor Piazzolla with libretto by Horacio Ferrer and the premiere of Concert Suite from Frida by Robert Xavier Rodriquez. Due to the overwhelming appreciation that was shown by the San Bernardino and CSUSB audiences for presenting operas that incorporate music and culture of a Latin American and/or Hispanic demographic, Dr. Fraser presented another work by the critically acclaimed composer, Robert Xavier Rodriguez, La Curandera this past May 2015. Our opera students have gone on to pursue Master degree programs in nationally renowned conservatories such as the Manhattan School of Music, University of Kansas and the University of Redlands and have sung with major companies including the Los Angeles Opera and San Diego Opera companies. They have won voice competitions at the regional and state levels and have been chosen to participate in various summer opera programs across the country and abroad. A recent graduate just completed the international tour of Bernstein's West Side Story in the principal role of Maria. XIII. Attach a copy of your last fiscal year financial report, audited or unaudited. Does not apply to parks or schools. 15 2015-133 CSUSB Opera Budget 2015 Income Earned Ticket Sales Total $2,471.00 Contributed Funds from Dept of Music $5,000.00 Student Assistant Grant from OSR $1,485.00 Total Revenue $8,956.00 Expenses Artistic Salaries Orchestra Number Price Total - Players 1 violin $300.00 1 cello $400.00 1 sax/clarinet $400.00 1 trumpet $300.00 1 trombone $350.00 1 accordion $400.00 1 percussion $350.00 1 percussion $100.00 1 piano $500.00 Guest singers $1,000.00 Make-up/Hair Artist Fee $0.00 Costume Coordinator Fee $1,200.00 Peer Lab Consultant(Stage Manager) $1,485.00 Jess Issaac Photos $400.00 Lighting Design $0.00 Projection Design $200.00 Conductor $0.00 Choreographer Honorarium $400.00 Production/exhibition/service expenses Set $0.00 Costumes $0.00 Props $100.00 Make-up/hair supplies $0.00 Frida Rental Scores and grand rights $975.00 parking for guest artists $0.00 Total Expenses $8,860.00 16 2015-133 CERTIFICATION: Project Officer: i� —`' Title Opera Director Telephone No: (619) 985-4156 Date 5/15/2015 17 2015-133 List Board of Directors and Officers (does not apply to parks and schools) (Include names,addresses, and telephone numbers.) Dr. Stacey Fraser, Professor and Director of Opera Theatre 5500 University Parkway San Bernardino, CA 92407 Office: 909-537-5835 Cell: 619-985-4156 Dr. ChoEun Lee, Music Director and Conductor 5500 University Parkway San Bernardino, CA 92407 Office: 909-537-5859 Dr.Todd Johnson, Chair of Music 5500 University Parkway San Bernardino, CA 92407 Office: 909-537-5859 Garry Fish,Technical Director 5500 University Parkway San Bernardino, CA 92407 Office: 909-537-5859 Diana Reyes, Publicity and Box Office 5500 University Parkway San Bernardino, CA 92407 Office: 909-537-5839 Julie Nichols, Director of Development College of Arts and Letter, CSUSB 5500 University Parkway San Bernardino,CA 92407 Office: 909-537-5740 18 2015-133 Le Rendez-Vous Restaurant 4775 North Sierra Way, San Bernardino, CA 92404 909-883-1231 May 14, 2015 Fine Arts Commission Office of the City Clerk City of San Bernardino 300 North D Street, 2nd Floor San Bernardino, CA 92418 To the members of the City of San Bernardino Fine Arts Commission: I am writing in my capacity as owner of Le Rendez-Vous Restaurant to advise you that we will be partnering with the CSUSB Opera Theatre for both the promotion of their prestigious opera program and our restaurant for the academic year of 2015-2016 if they are successful in winning funds from the Fine Arts Commission, City of San Bernardino. We are delighted to be taking a role in the promotion of the arts here in the City of San Bernardino. Our ideas for this collaboration include the following: 1) Le Rendezvous at the Opera Option 1: Package includes- Dinner for a couple (set menu) and two opera tickets. $40 Option 2: Dinner for two (set menu) buy one ticket get one free OR buy one ticket get the other 50% off. $30 2) Night out at the Opera Option 1: 20% off dinner at Le Rendezvous and buy one ticket get one 50% off. Option 2: 10% off dinner at Le Rendezvous get one free ticket for the opera with the purchase of one General Admission ticket. Option 3: Buy one get one promo for both dinner and opera ticket. Please be advised that I am happy to answer any questions you may have with regard to this collaboration, Sincerely yours, Manuel Gamboa,Owner 2015-133 GRANT RECIPIENT AGREE MENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA S'TATE UNIVERSITY, SAN BERNARDINO FOR AN OPERA PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, California State University San Bernardino, a public university located at 5500 University Parkway, San Bernardino, California(the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a. "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the :Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Opera/Theatre program at California State University, San Bernardino located in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in-the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"l." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY.SAN BERNARDINO FOR AN OPERA PROGRAM Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of ELEVEN THOUSAND TWO HUNDRED AND SIXTY-FOUR DOLLARS ($11,264.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been cal.ried out; and (iv) all.personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1., 2015 until June 30, 2016, inclusive. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or perforniance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Dr. Stacey Fraser 300 N "D" Street, 6" Floor California State University, San Bernardino, CA 92518 San Bernardino Opera Theatre Department 5500 University Parkway San Bernardino, CA 92507 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 o:r remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation. arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will riot limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR AN OPERA PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: Dr. Stacey Fraser, California State University, San Beranrdino By: kL- ktks Its: Av L-q o'i Dated - 2015 CITY OF SAN BERNARDINO By: en Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: L GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY,SAN BERNARDINO FOR AN OPERA PROGRAM Page 8 of 8 EXHIBIT " C " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Bradley Elementary School, a public School located at 1300 Valencia Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the creation and installation of a Theatre Program at Bradley Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of ONE THOUSAND SIX HUNDRED SIX DOLLARS ($1,606.00), subject to availability of the funds. No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than January 11, 2015, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Mrs. Mary Beth Norris 300 N "D" Street, 6th Floor Mrs. Mary Lynn Mollner San Bernardino, CA 92418 Bradley Elementary School 1300 N. Valencia Ave. San Bernardino, CA 92407 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: BRADLEY ELEMENTARY SCHOOL By: Its: Dated 12015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 8 of 8 ATTACHMENT 1 2015-133 VISUAL AND PERFORMING ARTS-GRANT APPLICATION FORM City of San Bernardino-Fine Arts Commission I. Applicant/Organization Mrs. Mary Beth Norris Mrs. Mary Lynn Mollner Bradley Elementary School 1300 N. Valencia Ave. San Bernardino, CA 92407 Telephone Number: (909)-381-1323 Cell Phone (909-663-6363) Website Address: www.sbcusd.com/bradlev Number of years in Teaching: Mrs.Norris has 35 years of teaching experience Mrs. Mollner has 25 years of teaching experience II. Contact person: Mrs. Mary Beth Norris 2nd grade classroom teacher and 2nd grade team leader Telephone Number: (909)-886-6592 Cell Number: (909)-663-6363 E-mail address: marvbethl233(a,gmail.com III. Program Category Under which Support is Requested #4 Theater IV. Period of Support Requested From January I Vh Through April 29d' 1 2015-133 V. Program Description/Need Statement Our proposal is that we want to create a children's theatre group with 25 committed students in grades 3`d-6`" grade based on an environmental theme. By combining our educational backgrounds, Mrs.Norris(masters in Environmental Education)and Mrs. Mollner(experience in theater productions), students will learn the importance of protecting our environment and then write an opera using that theme to present to local schools,the Crossroads Rotary Club, and also present to the local community at Pacific High School Auditorium. Bradley Elementary is in a very impoverished area of San Bernardino.Ninety- eight percent of our students are on free lunch and do not have opportunities to be a part of a children's theatre group. There is a musical instrument program for a few upper grade students,but there is little application of the arts in their education through voice, visual arts, and dramatic performances. Parents do not have the means to provide private art experiences for their children. We hope this will build confidence, self-esteem, and instill the thrill of using their imaginations. Besides music and drama,the whole theater experience includes sewing costumes, making props and painting scenery. We feel our students will profit by an entire theater experience from beginning to end over a three months time. Persistence and learning to work within a team by drawing on the talents of each group member are invaluable life skills for our students. Many of our students have little exposure to environmental science experiences as most have not been to nature habitats like the forests, rivers, or the beach. People in poverty who are living a hand-to-mouth existence often do not have the luxury of understanding global environmental issues. Littering and reckless discarding of toxic waste is the norm of many people in this neighborhood. Besides providing money for their family by recycling, students can understand the important implications of keeping a clean environment. This program could bring better understanding of how garbage makes an unhealthy environment for both urban animals and humans. We hope to see the community take pride in a cleaner neighborhood as a result of our opera, our recycled display, and the education of the children. The tickets for the community performance at Pacific High School will cost$2 each with one recyclable (a can, plastic bottles, etc.)per person. Bright Ideas Bookstore will set up a display of children's books about Earth Day for parents to purchase, and students from Bradley's Early Act Rotary Club will display art and practical repurposing from recyclables. Finally, in our school we have many identified and unidentified gifted students who need enrichment experiences beyond the classroom. Students can learn leadership skills, risk taking, and the joy of seeing a project to fruition. By providing a variety of experiences through this project, our hope is that students will begin to connect to the wonder of learning and to begin to see vocational opportunities that a good well-rounded education can bring to them. 2 2015-133 VI. Estimated number of persons expected to benefit from this program. a) Number of persons paid by attendance -- 150 people b) Number of persons who will receive free admission--2000 people c) Number of classes scheduled-- 20 classes Number of performances scheduled-- 7 performances d) Total attending classes/performances/displays/exhibits -- 2300 people VII. Intended Results Target Groups Elementary GATE/Art Students Early Act Rotary Students/Rotarians Students (Attending performances) Time Frame Performances January 11 Ph- January 111h_ April 20-27 Aril 27th Aril 27th Number of Students/Rotarians Students will attend 20 Students will have performances/classes, will be exposed to classes/planning guest speaker from sessions.Four of the Waste Management to exhibits one performance classes will be based on discuss problems of and exposure to the waste disposal waste disposal.They exhibits /environmental will also have classes education.The rest will led by Mrs.Norris on be writing lyrics the hazards of littering /creating music and in urban areas.Finally, making scenery/props students will be taught and costumes.Students and research ways to will rehearse for 2 reuse recyclables into weeks prior to art and useful objects. performances. Anticipated 25 students who 35 Early Act maximum audience, 2100 have applied to be Student Members participants, etc. part of the program. 3 2015-133 VIII. Total anticipated expenses for this period/program Salary/Wages Teacher 1 40 hours @ $26.06 per hour $ 1042.40 Teacher 2 45 hours @$26.06 per hour $ 1172.70 Total $ 2215.10 Substitutes Salaries $400 Supplies& Materials $ 500 Travel (Bus) $ 500 Costs for 2 Public Performances Facilities $ 300 Costs for Dress Rehearsal Facility $100 Total Expenses $ 4015.10 IX. Total anticipated income for this period Income from Admission(Including money from recyclables) $ 300 Contributions $ 200 Funds from CAPS (after school program) $ 1909.06 Total Income $2409.06 X. Amount Requested from the SB Fine Arts Commission a) Total Expenses(Section VIII ) $ 4015.10 b) Total Income (Section IX) $ 2409.06 c) AMOUNT REQUESTED (a minus b) $ 1606.04 d) Total %of budget 40% 4 2015-133 XI. Future Objectives: We are contacting the San Bernardino Water Company about helping us with a guest speaker to educate the students on recycling and also ask for a donation. The Crossroads Rotary has committed$200 toward our project already. We also are contacting local recycling companies for donations. If money is not received from the SB Fine Arts Council,we will put on a small production for our own school population and parents. XII.Brief History/Background of Organization Mrs. Mollner was trained in Logan,Utah to Opera By Children. She created an opera with her first grade class based on"The Shoemaker and the Elves."They also wrote a play called, "Peter Rabbit." She has worked as director at the LifeHouse Theater Group in Redlands for the past 21 years. She is currently serves on the advisory board of the LIfeHouse Theater. Her last production was"Joseph." She has also put on musical productions performed at our school as part of the CAPS program. Every year she treats her first grade class to a performance at the LifeHouse Theater with their parents, and then invites them to her home for dessert after the play. She is a gifted musician; pianist, guitar player, and voice. Her interest in the arts also extends to choreography. She believes strongly in using the arts to teach educational concepts such as preservation of our planet and the importance of stewardship of earth's resources to our students. Mrs.Norris has a Masters in Environmental Education from Cal State San Bernardino. She chaired the Children's Expo portion at the Cal State Environmental Expo under the direction of Dr. Darleen Stoner. She also has a credential in Gifted Education and a degree in Special Education. This training has reinforced the need for enrichment educational activities for ALL children in the arts. Children learn differently and the arts allow students to learn through kinesthetic experiences. By being the Rotary Early Act Leader for the past 6 years, Mrs.Norris has seen children learn leadership and good citizenship through active participation in community and global outreach programs. Students have recently collected canned goods for the homeless, and raised money to adopt 3 endangered sea animals. Also she is currently serving on the Inland Empire Children's Book Project advisory board and working with other professionals to increase literacy in San Bernardino. Mrs.Norris strongly believes in giving children of poverty opportunities that might not be available to them through programs outside of the schools. Many parents do not have the education to sign their children up for programs. The applications, fees, and transportation intimidate parents who have little education and therefore limit these children's life experiences. Offering Children's Theater in the neighborhood at the school will give these students an amazing educational experience that cannot be offered during the school day. 5 2015-133 OD eteaasaiao ���'d�C� ELEMENTARY SCHOOL OFFICE OF THE PRINCIPAL 1300 Valencia Avenue San Bernardino,California 92404 Telephone:(909)388-6317 Mrs. Amy Coker 1300 Valencia Avenue San Bernardino, California 92404 May 13, 2015 To Whom It May Concern: It is with extreme enthusiasm that I am writing a letter of support for the Visual and Performing Arts Grant sought on behalf of Bradley Elementary students. This grant will serve our students in a multitude of ways. Not only will our students be exposed to theater, design, and production, they will have the opportunity to demonstrate and develop individual and collective talents. Additionally,while working with community partners,they will engage in a service learning project to leave a lasting impact on our own community. The entire Bradley Elementary team of students, staff, and community would be incredibly honored to receive and build upon this very special opportunity. Thank you in advance for your consideration. Sincerely, Mrs. Coker Principal , 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Bradley Elementary School, a public School located at 1300 Valencia Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the creation and installation of a Theatre Program at Bradley Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "l," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of ONE THOUSAND SIX HUNDRED SIX DOLLARS ($1,606.00), subject to availability of the funds. No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than January 11, 2015, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Mrs. Mary Beth Norris 300 N "D" Street, 6th Floor Mrs. Mary Lynn Mollner San Bernardino, CA 92418 Bradley Elementary School 1300 N. Valencia Ave. San Bernardino, CA 92407 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. . 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: v� ' 2015 RECIPIENT: BRADLEY ELEMENTARY SCHOOL By: ;Qt , Its: Dated 2015 CITY OF SAN BERNARDINO By: n Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. � GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRADLEY ELEMENTARY SCHOOL FOR THEATRE GROUP AND PRODUCTION Page 8 of 8 EXHIBIT "D " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERITY OF SAN BERNARDINO FOR THEATRE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Junior University of San Bernardino, a non-profit entity, incorporated under the laws of the State of California, and having its principal place of business at 1001 E. Highland Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Theatre program at Junior University in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and(iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 3 of 8 2015-133 other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Robert Kitner 300 N "D" Street, 6th Floor Junior University of San Bernardino San Bernardino, CA 92518 PO Box 2356 San Bernardino, CA 92406 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 4 of 8 2015-133 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 6 of 8 2015--133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO FOR THEATRE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: JUNIOR UNIVERSITY OF SAN BERNARDINO By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 8 of 8 2015-133 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino—Fine Arts Commission I. Applicant/Organization (Name, Address, Etc.) Junior University of San Bernardino, Inc. PO Box 2356 San Bernardino, CA 92406 Telephone No. (909) 889-0833 Cell Phone ( ) Non-Profit I.D. No. D-0496913 Website Address(if available) JuniorUniversity or Number of Years in Existence or in Teaching 53 II. Contact Person Robert Kintner Title-Treasurer Telephone No: (909 ) 393-9353 Cell No: (909) 713-9044 E-mail address: Kintnerr@aol.com III. Program Category Under which Support is Requested: Theatre IV. Period of Support Requested: From 01/01/2015 Through 08/03/2015 Starting Ending 1 V. Program Description/Need Statement Junior University Musical Theatre will provide the residents of San Bernardino and the Inland Empire with a William R. Dixon original adaptation of'The Jungle Book'. This musical theater work, including a live orchestra,will involve over 100 young people in all aspects of production. Junior University's General Manager, Paul Reed, will oversee all expenditures of funds for this program. Patsy Dixon, Artistic Director, will direct the artistic aspects of the production. The organizations commitment to our mission will be evaluated by our President, Robert Ritter. Junior University intends to meet two needs of the local San Bernardino area. 1. We will provide a forum for young people to perform in an educational environment under professional direction in music, drama, dance, and stagecraft; missing in today's schools. Our goal is to help young performers learn and apply the skills that are needed to succeed not only in theatre but in any collaborative environment. The number of qualified young people at auditions is evidence of the reduction in school musical activities. 2. We will provide wholesome entertainment specifically designed to encourage family attendance; by offering the experience of quality musical theater,with a live orchestra, to a segment of the community that cannot afford 'professional' prices. The number of families attending our productions provides the best proof of the need for affordable family entertainment. We have a partnership with two local businesses to provide two FREE nights of theatre for the underserved families of our community. 2 2015-133 VI. Estimated number of persons expected to benefit from this program. a) Number of persons paid by attendance 6600 b) Number of persons admitted by no fee 2900 c) Number of classes and/or performances scheduled/length of display 35 classes (rehearsals) and 14 performances d) Total attending classes/performances/displays/exhibits 9650 VII. Intended Results: Target Group(s) The Whole Family Time Frame 5/26-8/3 Number of performances/classes, 35 classes(rehearsals) exhibits 14 performances Anticipated maximum audience, Participants: 150 participants,etc. udience: 9,500 The arts are an essential part of a community's well-being. It is important that all social and economic segments have accessibility to the arts. Junior University strives to reach everyone. Funding from our community partners has allowed us to donate tickets to a wide range of organizations. Past beneficiaries are Soroptimist International, San Bernardino City Parks and Recreation Department, Center for Individuals with Disabilities, Easter Seal after-school program, San Bernardino City Schools Advanced Learners Programs, Childhelp USA, Del Vallejo Middle School MODEL Program,Jefferson Transitional Programs, Guide Dogs of the Desert and HOPE, Inc. The 'family ticket' is a Junior University specialty in the Inland Empire. For twenty dollars the entire family,two adults and their children under 18 years,can attend the show. This is a benefit for those larger families that would today pay$60 just to see a movie. The success of our efforts to provide accessible theater can be measured by the number of people attending and the average cost per person. In the past there have been more than 11,500 in attendance, at an average cost of less than $3.25 per person. 3 VIII. Total anticipated expenses for this period/program: Salary/Wages $41,250 Supplies& Materials $46,350 Travel $ 0 Fixed Assets/Rentals or Leases $ 18,500 Outstanding Loan Payments $ 0 Fees and Other $ 30,120 TOTAL EXPENSES $ 136,220 IX. Total anticipated income for this period. Income from admission $ 36,500 Revenue $ 18,550 Grants $ 35,000 Contributions $ 30,400 Funds from Support Groups $0 Other $ 20 TOTAL INCOME $ 120,470 X. Amount Requested from the SB Fine Arts Commission: a) Total Expenses (Section IX) $ 136.220 b) Total Income (Section X) $ 120,470 c) AMOUNT REQUESTED (a minus b) $ 15,750 d) Total %of budget(must not exceed 40%) 11.6 % XI. Future Objectives: The board of Junior University believes that the negative perception of the area that we call our home has affected the number of families attending our productions. There have been no major problems while we are in the park. The reduction in audience is for both paid and sponsored admissions. We are making it our top priority to work with neighborhood groups, the city and the parks department to change the perception of the safety of attending a Junior University show. 4 2015-133 XII. Provide a brief history/background of the organization/school project(s)(what you've done before in this category of the arts.) Junior University began in 1962 as a children's summer activity in the backyard of Robert and Barbara Henley. One hundred and fifty people saw the first show. Since 1963,Junior University's musical shows have been original adaptations of familiar children's stories written and scored by William R. Dixon. In 1965, the Henleys and William and Patricia Dixon formed a non-profit corporation. That year, the popular productions found a home at Roosevelt Bowl in San Bernardino's Perris Hill Park. A full orchestra composed of local musicians and students was added in 1968. In 1994 Mr. Dixon passed away. Junior University continues our summer family tradition by updating shows from 25 original musicals written by William R. Dixon. These musical adaptations are based on classic children's stories and are all targeted for a family audience. For fifty-two years,Junior University has provided San Bernardino and the Inland Empire the best family entertainment while offering an exciting and educational experience for young people. Cast members range from 9 years old to beyond college age, with teenagers as the majority. Because Junior University is such a large commitment in both time and energy, it often involves the entire family. The rewarding learning experience is a wonderful opportunity for new friendships in addition to providing a stepping stone for those interested in professional and community theater. In 2005 we extended our commitment to the area youth by starting a scholarship program. Our goal is to keep ticket prices from increasing beyond the reach of the underserved families in our community. There is a wide range of donation options provided. These include the cast bowl-a-thon, individual donations, program advertisements, and corporate sponsors. Past Sponsors include: Edison International, The Thomas J. Long Foundation, Century 21 Lois Lauer Realty, The Kenneth T. & Eileen L. Norris Foundation, PrimeLine Products Co., Wells Fargo Foundation, The Press-Enterprise, Arrowhead Credit Union, Immanuel Baptist Church, San Manuel Band of Mission Indians,Gresham Savage and the James Irvine foundation. We continue to add to the list. XIII. Attach a copy of your last fiscal year financial report, audited or unaudited. Does not apply to parks or schools. CERTIFICATION: Project Officer: —�''C\ Title General Manager Telephone No: 909-435-1616 Date 04/15/2015 5 List Board of Directors and Officers(does not apply to parks and schools) (Include names,addresses,and telephone numbers.) President Bob Ritter 550 E Hospitality Ln,Ste 300,San Bernardino, CA 92408 890-4499 General Manager Paul C. Reed PO Box 9487,San Bernardino, CA 92427 435-1616 Vice President Rochelle Campbell 602 Wooden Bridge Ln, Redlands, CA 92373 798-7155 Secretary Judy King 412 W Hospitality Ln,San Bernardino, CA 92415 891-3506 Treasurer Robert Kintner 17903 Via La Cresta, Chino Hills, CA 91709 393-9353 Sherman Ballard 3966 Chiquita Lane,San Bernardino, CA 92404 881-2590 Roger Biddick 5500 University Pkwy,San Bernardino,CA 92407 792-3904 Jack Butler 28822 Glenheather Dr, Highland,CA 92346 864-1247 Patricia C. Dixon 583 Gray St,Colton, CA 92324 889-1269 Maggie Foss 1794 Sonora Ave,San Bernardino, CA 92404 883-3787 Gary Geis 4875 N Acacia Ave,San Bernardino,CA 92407 882-1047 Jeff Grande PO Box 10639,San Bernardino, CA 92423 863-2705 Dan Herrmann 5500 University Pkwy,San Bernardino, CA 92407 537-3727 Mary Kintner 17903 Via La Cresta, Chino Hills, CA 91709 393-9353 Stanley Klein 6554 N Caleb Ln,San Bernardino, CA 92407 240-8501 Alice Lakes-Anderson PO Box 2895,San Bernardino, CA 92406 355-5334 Lisa Lyons 157 E 49th Street,San Bernardino,CA 92404 475-5876 R. Eric Pendery 1572 Gary Ln, Redlands, CA 92374 794-6018 Mike Roche 100 Inland Center Mall,San Bernardino, CA 92408 384-5742 Manuel Salinas 3775 N Waterman Ave,San Bernardino,CA 92404 381-1101 Kathy Saurette 6734 Ridgeline Ave,San Bernardino,CA 92407 887-9669 Jack Schmitz 1592 North D St,San Bernardino, CA 92405 885-1640 Steve Sutherland 426 W Baseline, San Bernardino, CA 92410 864-7908 Christopher Tickell 495 Northpark Blvd,San Bernardino, CA 92407 886-5987 James Tierney 7120 Amberwood Lane, Highland, CA 92346 882-9777 Kelly Uminski 1275 E Highland Ave,San Bernardino, CA 92404 8864510 Rob Zinn 30197 Tenaya Ln, Highland, CA 92346 425-8589 6 2015-133 XIII 2014 FINANCIAL REPORT Category 2014 Actual 2014 Budget over/(under) SHOW INCOME Ticket Sales $34,770.57 $37,500.00 ($2,729.43) Concessions $11,410.90 $12,000.00 ($589.10) Program Advertising $12,935.00 $13,500.00 ($565.00) Sales $6,198.00 $7,050.00 ($852.00) SUBTOTAL $65,314.47 $70,060.00 ($4,735.53) NON-SHOW INCOME Individual Donations $13,580.62 $16,500.00 ($2,919.38) Corporate Sponsors $36,300.00 $33,500.00 $2,800.00 City Grant $0.00 $0.00 $0.00 Sale of Containers $4,200.00 $0.00 $4,200.00 Scholarship $1,527.00 $900.00 $627.00 Interest, Savings Accounts $17.29 $25.00 ($7.71) SUBTOTAL $55,624.91 $50,925.00 $4,699.91 TOTAL INCOME $120,939.38 $120,975.00 ($35.62) PRODUCTION STAFF&ORCHESTRA Royalties $5,750.00 $5,750.00 $0.00 Production Staff Stipends $9,300.00 $10,100.00 ($800.00) Orchestra/Music Expenses $15,250.00 $15,950.00 ($700.00) SUBTOTAL $30,300.00 $31,800.00 ($1,500.00) SCENERY/TECHNICAL Scenery $21,082.39 $20,200.00 $882.39 Costumes and Makeup $6,569.11 $8,750.00 ($2,180.89) Technical $4,494.60 $2,600.00 $1,894.60 Equipment Rental $2,077.09 $1,000.00 $1,077.09 SUBTOTAL $34,223.19 $32,550.00 $1,673.19 OTHER SHOW EXPENSES Advertising/Public Relation: $7,455.61 $9,275.00 ($1,819.39) Security $10,308.38 $10,600.00 ($291.62) Printing(Program,Tickets,PosWrs.Music) $8,123.31 $8,500.00 ($376.69) Facilities $2,885.87 $2,600.00 $285.87 Concession/Sales Items $8,874.76 $9,650.00 ($775.24) Cast Sales Incentives $1,070.00 $1,450.00 ($380.00) Miscellaneous $100.00 $500.00 ($400.00) SUBTOTAL $38,817.93 $42,575.00 ($3,757.07) NON-SHOW EXPENSES General Manager Stipend $500.00 $500.00 $0.00 Storage Facilities $17,634.00 $6,000.00 $11,634.00 Insurance $3,422.00 $3,400.00 $22.00 Accounting Fees $100.00 $300.00 ($200.00) Telephone $715.37 $500.00 $215.37 Scholarship $1,589.00 $1,500.00 $89.00 General Office Expense $1,205.93 $1,750.00 ($544.07) SUBTOTAL $25,166.30 $13,950.00 $11,216.30 REFUNDED TICKETS $840.00 $0.00 $840.00 PROJECTS&CAPITAL $1,390.82 $3,600.00 ($2,209.18) STORAGE MOVE $8,043.91 $0.00 $8,043.91 TOTAL EXPENSES $138,782.15 $124,475.00 $14,307.15 7 2015-133 y ,s���frl4♦� �arks�dt ELEMENTARY SCHOOL hrrp � OFFICE OF THE PRINCIPAL 3775 N.Waterman AvOM18 San B+ematdino,Callomia 92404 Telephone:881-8209 To: Members of the San Bernardino Fine Arts Commission From: Manuel Salinas,SBCUSD Principal Date April: April 8,2015 Subject: Petition for San Bernardino Fine Arts Grant I have served as a Principal in the San Bernardino City Unified School District(SBCUSD)since 1979. Throughout my tenure in the district I have had the opportunity to serve as the administrator of four schools. For over two decades I have been a member of the Board of Directors for Junior University. In addition,it was my pleasure to oversee California/Salinas Performing and Creative Arts Elementary School. As a school staff,we committed ourselves in developing a curriculum that would underscore the Visual and Performing Arts (VAPA)to the entire student body. As Musical Director and Principal of the school,it was my role and responsibility to expose students to a variety of fine arts and community-based organizations. Our students were privileged to participate,as an audience,within a variety of fine arts genres. Furthermore,we equipped students as performers;this enabled them to audition, compete and secure roles in numerous musical and theatrical settings. As students develop into adulthood,we provide them with an array of experiences. Individuals greatly benefit from engaging in the arts. It promotes pride, discipline, and a positive unanimity in the artistry. We instill an appreciation and eventually...encourage life-long supporters for the VAPA culture. It is imperative that we continue to provide the"Junior University experience" for future generations. In my association with SBCUSD and Junior University I have been pleased to track students. Many have gone on professionally with a career in music, theater, and the entertainment industry. The VAPA participation for students is invaluable via Junior University. 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERITY OF SAN BERNARDINO FOR THEATRE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Junior University of San Bernardino, a non-profit entity, incorporated under the laws of the State of California, and having its principal place of business at 1001 E. Highland Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Theatre program at Junior University in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"I." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page l of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been carried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 3 of 8 2015-133 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 6 of 8 2015--133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO FOR THEATRE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 7 2 32015 RECIPIENT: JUNIOR UNIVERSITY OF SAN BERNARDINO B J . y. �3�n7 S V-i4-rNe,+2 Its: A s u a e-r2- Dated , 2015 CITY OF SAN BERNARDINO By: en Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY OF SAN BERNARDINO THEATRE PROGRAM Page 8 of 8 EXHIBIT " E " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Richardson PREP Hi Middle School, a public school located at 455 S. "K" Street, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the San Bernardino Teen Music Workshop at Richardson PREP Hi Middle School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "l," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"L" GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of TWENTY THOUSAND DOLLARS ($20,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSICIDANCE PERFORMANCE PROGRAM. Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager San Bernardino Teen Music 300 N "D" Street, 6th floor Workshop, Bryan Wing San Bernardino, CA 92418 455 South"K" Street San Bernardino, CA 92410 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: RICHARDSON PREP HI By: Its: Dated 32015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 8 of 8 2015-133 t Visual And Performing Arts ---Grant Application Form City of San Bernardino -Fine Arts Commission I. Applicant/Organization San Bernardino Teen Music Workshop (Richardson PREP HI-SBCUSD) 455 South K Street, San Bernardino, Ca. 92410 Phone: (909) 388-6438 Cell:(909) 800-7554 Non Profit I.D: SBCUSD Website Address: sbteenmusicworkshop.com Program Established: August 2009 II. Contact Person: Bryan Wing Title: Program Director Phone: (909) 388-6438 Cell (909) 800-7554 Email: bryan.wingPsbcusdlcom III. Program Category Under which Support is Requested: Music/Dance Performance Program IV. Period of Support Requested: From: July 1St, 2015 to June 301h 2016 1 2015-133 V. Program Description/Need Statements: The San Bernardino Teen Music Workshop is a community based performing arts program, and is available at no cost to all San Bernardino City secondary students (6-12th grades). This program was founded in 2009, starting with about 15 guitar students. Today, this program is comprised of approximately eighty-five students from throughout the Inland Empire, with approximately 90% being SBCUSD secondary students. These workshops provide weekly professional instruction in percussion, guitar, bass, brass and woodwinds, strings, keyboards and vocal performance in a variety of pop and rock musical styles. The program also hosts a fully operational recording studio, and song writing, music production and recording technology classes are available. The Teen Music Workshop Performance group is an award winning, highly skilled music and dance group that has performed throughout Southern California in venues such as Disney, Knott's Berry Farm, Raging Waters, Sea World, The Yucaipa Art and Music Festival, The Riverside Festival of Lights, The California Theater, The Sturges Center for Performing Arts and at a number of local venues and charity events. In June 2014, the San Bernardino Teen Music Workshop relocated to the Looking Glass Studio for Performing Arts in order to provide our students with an opportunity to receive professional dance instruction. This affiliation with the LGSPA has had an immediate positive impact on our program; especially our show choir members that are now participating in dance classes and are performing to professionally choreographed routines. Additionally, this collaboration has provided our participants even greater access to mentoring and performance opportunities. The mission of San Bernardino Teen Music Workshop is to foster teamwork, responsibility, creativity and public service within the context of a contemporary music program. Statement of Program Need: In an effort to continue to keep the Team Music Workshop program free to all San Bernardino City students and adjust to our participant/program growth, it is essential that we continue to fundraise and receive support from the San Bernardino community. Current program needs include adding four professional staff (Music Director, Vocal Music Director and two Dance Instructors) to our team of existing volunteer instructors. The addition of these professional staff would allow our program to meet the demand for increased instruction and performance opportunities. 2 2015-133 VI. Estimated number of persons expected to benefit from the program. a) Number of persons paid by attendance: 0 b) Number of persons admitted at no fee: 85 per week C) Number of Classes per year: 120 Number of performances per year: 36 d) Total Projected Class Attendance: 4,800 Total Attending Performances: 28,000 VII. Intended Results: Target Group(s) Middle School High School Students Students Time Frame 7-1-2015 to 6-30-16 7-1-2015 to 6-30-16 Number of Classes, 80 Classes 120 Classes Performances 20-25 Performances 36-40 Performances Anticipated Participants: 30-40 Participants: 40-50 maximum audience, Audience per year: Audience per year: participants etc. 8,000 20,000 VIII. Total Anticipated Expenses for 2015-2016 Year: Salary/Wages $24,000 Supplies & Materials $3,500 Travel $1,500 Fixed Assets/Rentals or Leases $24,000 Outstanding Loan Payments N/A Fees and Other $1,000 Total Expenses $55,000 IX. Total Anticipated Income for 2015-2016 Year: Income from Showcases/Workshops $2,000 Revenue from Fund Raisers $2,000 Secured Grants $30,000 Contributions/Donations 500 Funds From Support Groups N/A Other Income 500 Projected Total Income $35,000 3 2015-133 X. Amount Requested from the SB Fine Arts Commission: a) Total Expenses $55,000 b) Total Income $35,000 c) AMOUNT REQUESTED (a-b) $20,000 d) Total % of budget 36% XI. Future Objectives: As outlined above, The San Bernardino Teen Music Workshop has been providing hundreds of secondary students in the SBCUSD with mentoring, guidance and opportunities for personal expression and growth through performing arts for the past six years. Of course, the only regret is that our limited resources requires capping the number of program participants; thus, limiting accessibility of this dynamic program to a relatively small number of district students. Therefore; our basic vision of expansion is: • Offer the Teen Music Workshop program to all interested SBCUSD students • Increase visibility of the program through community outreach and performance, thus creating access to more students. • Create stronger collaboratives with the music departments at CSUSB, the San Bernardino Art Institute and the SB Valley College to provide SBCUSD students greater access to professional instruction and mentoring opportunities. • Expand the highly successful performing arts model at Richardson PREP HI to include an even broader offering of performing arts classes (i.e. dance disciplines and acting). • Open after school performing arts programs at Richardson PREP HI and the Looking Glass Studio of Performing Arts to all middle and high school students in the SBCUSD. XI 1. Program History/Background: Since August 2009, the San Bernardino Teen Music Workshop has provided free professional music instruction, mentorship and challenging performance opportunities to over 80 district students annually. In combination with other funding, this grant would help keep these services free to all existing 4 2015-133 district students and allow expansion of this program, allowing all interested SBCUSD students to participate in this award- winning program. The Teen Music Workshop, in collaboration with the Richardson PREP music program, provides an average of 20-30 performances at District and local charity events per year including numerous interactive substance abuse presentations in the San Bernardino Community. This is not a new program, but a highly successful music and mentoring program, which has formed a number of collaborative relationships with public and private agencies throughout San Bernardino County. Simply put, over the past five years, these outstanding student musicians have represented SBCUSD and our community with exceptionally high standards that model skill, dedication, teamwork and accomplishment. Parent and Community Involvement: Our organization is heavily supported by our parent volunteers and community partners such as: San Bernardino County Children's Fund, San Manuel, San Bernardino County Children's Network, San Bernardino County CASA (Foster Youth Court Advocates), and the SBCUSD. SB Teen Music Workshop historically reciprocates this support with performances at various community events. Some of these local charity events included: Relay for Life, Child Abuse Awareness Day (66er's Stadium) and SBCUSD Gathering of Excellence. Rock against Drugs Program The Rock Against Drugs Program is an essential part of the Teen Music Workshop program. This is a substance abuse prevention program currently available to elementary and middle school after school programs (CAPS) within the SBCUSD. This program was developed by program staff and students with a focus on performing arts as a positive and healthy teen activity. The program includes a musical performance by the Teen Music Workshop and an interactive substance abuse prevention program facilitated by students. In past years, the SB Teen Music Workshop has participated in an average of 15 substance abuse prevention events throughout the City and County of San Bernardino. CERTIFICATION: Project Officer: - ^— Title: Program Director Phone: 909-800-7554 Date: . "/y 5 2015-133 Richardson PREP HI A California Distinguished School A Title One Academic Award School A National Blue ribbon School Natalie Raymundo, Principal 455 South K St. San Bernardino, California 92410 Telephone: 388-6438 www.sbcusd.com May 15, 2015 To: Fine Arts Commission, City of San Bernardino As principal of Richardson PREP HI Middle School, I approve Bryan Wing's application submitted for a$20,000.00 Fine Arts Grant. I am aware that I can only apply for grants one time per year. Sincerely, Natalie Raymundo, Principal 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6 th day of July , 2015, BY AND BETWEEN: 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"); AND, Richardson PREP Hi Middle School, a public school located at 455 S. "K" Street, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the"PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the San Bernardino Teen Music Workshop at Richardson PREP Hi Middle School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of TWENTY THOUSAND DOLLARS ($20,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ('Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii)the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager San Bernardino Teen Music 300 N"D" Street, 6th floor Workshop, Bryan Wing San Bernardino, CA 92418 455 South"K" Street San Bernardino, CA 92410 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 7 2015 RECIPIENT: RICHARDSON PREP HI By: Its: .S G l.. c Dated .' 2015 CITY OF SAN BERNARDINO By: A le arker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI MIDDLE SCHOOL FOR MUSIC/DANCE PERFORMANCE PROGRAM. Page 8 of 8 EXHIBIT " F " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6thday of July , 2015, BY AND BETWEEN: 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"); AND, Sinfonia Mexicana Mariachi Youth Academy, a youth academy operating under the laws of the State of California and having its principal place of business at 562 W. 4t" Street, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a"PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the mariachi program and academy at Sinfonia Mexicana Academy in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"l." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of TWENTY THOUSAND ONE HUNDRED FIFTY DOLLARS ($20,150.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and(iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Anthony Bocanegra 300 N "D" Street, 6th floor Sinfonia Mariachi San Bernardino, CA 92418 562 W. 4th Street San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs,representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: SINFONIA MEXICANA MARIACHI YOUTH ACADEMY By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 8 of 8 2015-133 ATTACHMENT I 2015-133 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino—Fine Arts Commission I. Applicant/Organization (Name, Address, Etc.) Sinfonia Mexicana Mariachi Youth Academy 562 W. 4t" Street San Bernardino, CA 92401 Telephone No. (909) 884-3228 Cell Phone ( ) Non-Profit I.D. No. 91-2160533 Website Address (if available) www.sinfoniamexicana.com Number of Years in Existence or in Teaching Youth Academy—6 vrs. Sinfonia Mexicana 14 years as 501(c)(3) established in 2001. Sinfonia Mexicana under the auspices of the San Bernardino Symphony from 1985—2001. II. Contact Person Anthony Bocanegra Title Executive Director Telephone No: (909) 382-4228 Cell No: ( ) E-mail address: anthonv(@sinfoniamexicana.com III. Program Category Under which Support is Requested: Music IV. Period of Support Requested: From July 1, 2015 Through June 30 2016 Starting Ending 3 2015-133 V. Program Description/Need Statement Funding from the San Bernardino Fine Arts Commission will be used by the Sinfonia Mexicana Mariachi Youth Academy to provide comprehensive weekly mariachi music education for students ages 8 to 18 for one year. The Academy provides a weekly music education for a total of 46 weeks. Students also perform at various concert venues throughout the year. The rigorous program includes instruction by skill level — beginner, intermediate, advanced, and advanced performing. The curriculum and content is guided by California Department of Education Content Standards with the intention to complement students' academic studies "Mariachi Mastery" by Dr. Jeff Nevin is used as the textbook. Students choose their own instruments and are provided with an instrument if needed. The performing students are provided with uniforms (trajes) at no cost to them. Currently, there are 88 students enrolled in the Academy and range in age from 8- 18 years. The majority of the students attend elementary, middle and high schools in the City of San Bernardino, while other represented cities include Rialto, Highland, and Colton. Over 75% are from low-income households, qualify for free lunch at their schools, and many are considered academically at-risk. Many of the students do not have access to the benefits of a musical arts education at their schools or communities, and lack an appreciation of their cultural history and native Spanish language. Research has proven the positive correlation between musical education and academic performance and the Academy program provides this opportunity. Oscar Tostado, Director, a cofounder of the Academy, has led the program since its inception. Dr. Jeff Nevin, professor of mariachi at Southwest College in Chula Vista, is a cofounding director. Maria Saenz is the Assistant Director and communicates directly with the parents. Oscar Gonzales and Juanita Bigelow are charged with student attendance, reporting and all record keeping. The instructors are highly qualified and experienced musicians and mariachi performers. Mr. Rafael Palomar, performed with Mariachi Vargas for 26 years, and is the guitar and vocal teacher. Samuel Tostado, a graduate of UCLA, performed with the renowned Uclatan, and teaches trumpet. Martin Barboza is the violin instructor and graduate of CSU San Bernardino. Jonathan Palomar performs with the renowned Los Camperos de Nati Cano, and teaches guitar. Sinfonia Mexicana partners with Theater Arts International (TAI) to share ideas and strategically market concerts at which the Youth Academy performs. This partnership results in significant cost savings and efficiency. TAI offices are located in the California Theater and Sturges Auditorium. With the help of a dedicated volunteer, Sinfonia has also created partnerships with over 30 small businesses throughout San Bernardino and Colton to assist with community outreach efforts. Businesses and employees help outreach efforts by passing out flyers at their respective locations. In exchange they are offered free tickets to the concerts. A short list of participating businesses include - Yum Yum donuts, Bob &Al's Tires, and the San Bernardino Medical Group Pharmacy. Sinfonia also partners with a local radio station KCAA for a radio interview and free tickets are offered to the employees and callers during the live broadcast. T 2015-133 VI. Estimated number of persons expected to benefit from this program. a) Number of persons paid by attendance 3,000 audience b) Number of persons admitted by no fee 4.000 audience c) Number of classes and/or performances scheduled/length of display 46 classes; 3 performances at the California Theater or Sturges Theater; 1 performance at CSUSB graduation; and 8 additional performances at elementary schools and community cultural events d) Total attending classes/performances/displays/exhibits 7.100 audience & students VII. Intended Results: Target Group(s) Students, ages 8-18 Time Frame 7/1/15—6/30/16 Number of 6 weekly classes, performances/classes, 12 public exhibits performances Anticipated maximum Student participants— audience, 100 participants, etc. Audience 7,000 Sinfonia Mexicana Mariachi Youth Academy students will receive weekly instruction for 46 weeks by professional and highly experienced and qualified mariachi musicians. All students will be evaluated for placement and advancement in the appropriate level of instruction - beginner, intermediate, or advanced classes. The curriculum for beginning level students will include learning basic music theory and reading, instrument, and history of mariachi. Intermediate students will continue to advance their knowledge of music reading, instrument playing, and performance techniques. The advanced students will build on their knowledge and performance skills and perform throughout the year at community concerts at the California Theater, Sturges Theater, elementary schools in San Bernardino, CSU San Bernardino, and community cultural events in and around the City of San Bernardino. S 2015-133 VIII.Total anticipated expenses for this period/program: Salary/Wages $33,500.00 Supplies & Materials $5,700.00 Travel $0.00 Fixed Assets/Rentals or Leases $5,700.00 Outstanding Loan Payments $0.00 Fees and Other $8,950.00 TOTAL EXPENSES $53,850.00 IX. Total anticipated income for this period. Income from admission $ 0.00 Revenue $17,700.00 Grants $12,000.00 Contributions $500.00 Funds from Support Groups $2,500.00 Other $1,000.00 TOTAL INCOME $33,700.00 X. Amount Requested from the SB Fine Arts Commission: a)Total Expenses (Section IX) $53,850.00 b) Total Income (Section X) $33,700.00 c) AMOUNT REQUESTED (a minus b) _ 20,150 00 d)Total % of budget (must not exceed 40%) 37% XI. Future Objectives: Future objectives for a diversified fundraising strategy includes increasing the number and amount of student sponsorships. A grant request was recently submitted to Southern California Edison, and grant requests to foundations and companies are planned. The Sinfonia Mexicana Board is committed to securing the necessary funding if this request is not successful. Successful past efforts that will be duplicated include an Ipad raffle, special events such as dinner and dance, and asking for support from current and new donors, companies, and unions for support. 2015-133 Provide a brief history/background of the organization/school project(s)(what you've done before in this category of the arts. Sinfonia Mexicana Mariachi Youth Academy (herein referred to as the Academy) was founded by Sinfonia Mexicana in February 2009 to provide an opportunity for students to learn and perform Mariachi music as well as understand its origins and cultural significance. Its mission is to provide a comprehensive music education that will challenge and enhance the student's ability to read music, master their instruments and enhance stage presence through the art of performing mariachi music. The program curriculum includes learning music theory, history of mariachi music, music reading, voice lessons, instrument instruction, and performance skills. Additionally, students are mentored by instructors, staff and volunteers who encourage and support students in their academics and in their goals to pursue a college education. In addition,the Academy provides a rigorous program that instills goal setting, discipline, team work, cultural pride, and self- esteem. The volunteers and staff act as mentors and set high expectations for all students. Since the founding of the Academy, there is very little turnover and every student who has stayed in the program through their high school senior year has graduated. Of these graduates, all have gone on to college, and two have joined the military. Students have or are attending CSU San Bernardino, UC Riverside, UCLA, CSU San Luis Obispo, University of Notre Dame, and others. Additionally, former students who are now in college continue to participate as mentors to the younger students. The Academy also positively impacts the community as their performances are seen by youth, children and adults, in various venues throughout San Bernardino— schools, colleges, theaters, nontraditional outdoor venues, and cultural community events. The performances are colorful, engaging and fun, yet they also instill cultural pride, and an appreciation for Latino music, language, and culture in the audience. IX. Attach a copy of your last fiscal year financial report, audited or unaudited. Does not apply to parks or schools. CERTIFICATION: Project Officer: Anthony Bocanegra 1 ` _ Title Executive Director Telephone No: (909) 884-3228 Date May 15 2015 2015-133 List Board of Directors and Officers(does not apply to parks and schools)(Include names,addresses,and telephone numbers.) Executive Board and Officers Saenz, Maria President 3308 N. Broadmoor Blvd. San Bernardino 92404 909-744-2176 Carrasco, Elena Vice President 6325 Toledo Lane San Bernardino 92407 909-810-3867 Rodriguez, Rosemarie Secretary 700 N "F" Street San Bernardino 92410 909-793-8213 Bigelow,Juanita Treasurer 22700 Pico Street Grand Terrace 92313 909-370-2758 Bocanegra,Anthony Executive Director 562 W.4th Street San Bernardino 92401 909-884-3228 Board of Directors Arias,Sophie 1650 Scottsdale Road Beaumont 92223 951-769-2059 Armendariz, Harriet 140 S. Buena Vista Redlands 92373 909-798-1087 Bakke, Deyanira 5971 Omega Street Riverside 92506 951-781-8422 Barboza, Martin 293 N. "D" Steet San Bernardino 92401 909-997-2047 Barnes, Gerald R. Bishop 1201 E. Highland Avenue San Bernardino 92404 909-475-5300 Bocanegra, Gloria 1370 Oak Street Redlands 92373 909-793-5888 Brogdon, Argie 3435 E. Clifton Avenue Highland 92346 909-864-0793 Cervantes, Carmen 905 Pennsylvania Avenue Colton 92324 909-824-1989 Cochran, Lee 3456 Parkside Drive San Bernardino 92404 909-881-8862 Cooke, Betty 16446 Constable Road Riverside 92504 909-830-1697 Estevene,Amador 9146 Tamarind Avenue Fontana 92335 909-823-1428 Faz Jr., Elias 5219 Jasmine Street San Bernardino 92407 909-723-4356 Gomez, Graciano 1265 E. Shamrock Street San Bernardino 92410 909-884-1649 Gomez,Trim 1265 E. Shamrock Street San Bernardino 92410 909-884-1649 Gonzalez, Christine 1225 Center Dr. Colton 92324 909-253-5038 Gonzalez, Oscar C. 635 E. Evans Street San Bernardino 92404 909-889-7065 Mendoza, Diana Lucero P.O. Box 2544 Riverside 92516 888-750-0036 Redondo, Roberto 12871 Bahama Court Rancho Cucamonga 91739 909-367-9027 Tostado,Oscar 1700 W. Fifth Street San Bernardino 92411 951-683-2090 Valles,Judith 3520 N. Parkside Drive San Bernardino 92404 909-881-5027 2015-133 SUPPLEMENTAL INFORMATION X. (a) Fiscal Report 2014-2015 unaudited Concert and performance programs for current year 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Sinfonia Mexicana Mariachi Youth Academy, a youth academy operating under the laws of the State of California and having its principal place of business at 562 W. 4th Street, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the mariachi program and academy at Sinfonia Mexicana Academy in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of TWENTY THOUSAND ONE HUNDRED FIFTY DOLLARS ($20,150.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 3 of 8 2015-133 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Anthony Bocanegra 300 N "D" Street, 6th floor Sinfonia Mariachi San Bernardino, CA 92418 562 W. 4th Street San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: `�r-ti2 , 2015 RECIPIENT: SINFONIA MEXICANA MARIACHI YOUTH ACADEMY By: ts: Dated , 2015 CITY OF SAN BERNARDINO By: AI arker, City Manager . APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: LD GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MARIACHI PROGRAM Page 8 of 8 EXHIBIT " G" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCE/VISUAL ARTS/THEATER/LITERARY ARTS PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, LJR Intellect Academy of the Arts, a non-profit organization, operating under the laws of the State of California, and having its principal place of business at 1407 N. Arrowhead Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Multifaceted Arts program at LJR Intellect Academy of the Arts in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and. WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "]," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 3 of 8 2015-133 8. LICENSES OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Lynnzora Rogers 300 N "D" Street, 6t" Floor LJR Intellect Academy of the Arts San Bernardino, CA 92518 PO Box 90421 San Bernardino, CA 92427 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 parry all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCE/VISUAL ARTS/THEATERILITERARY ARTS PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: LJR INTELLECT ACADEMY OF THE ARTS By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:7t- GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 8 of 8 ATTACHMENT 1 2015-133 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino—Fine Arts Commission I. Applicant/Organization (Name,Address, Etc.) _UR Intellect Academy of the Arts Physical Address:1407 N.Arrowhead Avenue,San Bernardino,CA 92405 Mailing Address:PO Box 90421,San Bernardino,CA 92427 Telephone No. (909)_Z70-4825 Cell Phone(909) 770-4825 Non-Profit I.D. No. 32-0316294 Website Address (if available)www.URArtsAcademy.org Number of Years in Existence or in Teaching 5 years as a 501c3(10 Years total) 11. Contact Person Lynnzora Rogers Title Executive Director Telephone No: (909 ) 770-4825 Cell No: (909) 770-4825 E-mail address: Lynnzora@gmaii.com 111. Program Category Under which Support is Requested: Multi Faceted Program(Dance,Visual Arts,Theatre,&Literary Arts) IV. Period of Support Requested: From July 1st 2015 Through June 301h 2016 Starting Ending 7 2015-133 V. Program Description/Need Statement UR Intellect Academy of the Arts(also known as UR Arts Academy) is a non-profit arts organization in San Bernardino known for helping organizations throughout the city build their arts programs. We train talented instructors(usually CSUSB alumni and students) and send them to various locations to carry out the UR program. Our organizations key players who will be involved in making sure the program is carried out as described are Lynnzora Rogers(CEO) and CSUSB Theatre Arts alumni, &the following UR Board Members: Leslie Bryan (CSUSB Theatre Professor), Kathy Ervin (CSUSB Theatre Professor), and Father David Starr(St.John's Episcopal Church). Lynnzora Rogers will be the program administrator. We plan to use the grant funds to operate dance,theatre,film production,and creative writing classes at three different San Bernardino sites. Grant funding will pay for the needed insurance, permits, staffing,supplies,and promotional material. UR Instructors will work separately to teach their students skills in their individual disciplines but will come together to plan our regular productions which will showcase dance routines, scenes from places, spoken word/poetry, and art exhibit. In our film production classes we will be teaching our students every aspect of being an independent filmmaker, how to develop inspirational stories,an produce short films that allow San Bernardino residents to creatively tell their stories. We will be partnering with the following organizations: • The City of San Bernardino(IEMG TV Station):We plan on putting our student's inspirational films on local television. • The PAL Center:This San Bernardino Charter School currently doesn't have an arts program. We'll be using our credentialed staff to offer their high school students classes in theatre,film production,creative writing, and dance. Because we're using our credentialed staff,their students will be able to get elective credit for UR Arts Academy classes! • San Bernardino Parks&Recreation:We will be putting together a citywide dance team that will perform at local events, parades, and eventually compete in local and state competitions. • St.John's Episcopal Church:Our long time partner of about 6 years is looking for us to create a theatre program on their site. We have office space for the instructor as well as classroom space. Our instructor will be organizing a yearly production for their site. • San Bernardino Housing Authority(Low income housing):We will be working with their department to bring dance classes to their resource centers like (Waterman Garden and Johnson Hall). • Tupperware Consultant LaToya Rogers:She has also taught a few culinary arts classes for UR Arts Academy and has agreed to donate her services by catering one UR dinner/showcase event. We will show our appreciation by advertising her business on our website and handing out 10%of coupons to our program participants. 8 2015-133 • My Fitness Reader by Leading Today's Youth:Yvonne Choyce is an award winning author for youth health books. During the grant period she'll be volunteering to teach UR classes that promote health and fitness through the arts (skits and dance). In exchange we will film her classes so she can use them as a promotional tool. We will get all of the appropriate release forms signed. • California State University San Bernardino: UR Arts Academy has registered with the CSUSB Career Center and we'll be providing their students with opportunities to serve as an intern and earn class credit. Some will shadow our arts instructors and we'll use others to help us with administrative and PR tasks. We like that we're not only serving San Bernardino's low-income and at-risk youth community but we're also providing opportunities for the future professionals of the city. More About UR Arts Academy&San Bernardino's Needs We offer film production,theatre, dance, creative writing, art, and more. Not only do we teach these classes but also we organize regular productions and showcases throughout the year. Recently(through our film program)we started producing short inspirational films that allow San Bernardino residents to creatively tell their stories and productively express themselves. We not only want to increase opportunities for our low-income community to participate, engage, and experience the arts but we also use arts education to mentor, educate, and promote healing among our participant. The majority of our program participants have experienced poverty,or something traumatic and expressing themselves through the arts has been very therapeutic for participants. San Bernardino has a strong need to rehabilitate, heal, and offer residents the resources needed to be successful. High school dropouts,and crime are growing in our city. Our program participants(youth and families) have been witnesses and victims of tragic events. Some are involved in gangs. The more we encourage them to take school seriously, set goals, and reach them...the less violence and gangs there will be in San Bernardino. By reaching out to and working with family members of at-risk youth (parents, aunts, uncles, grandparents),we are putting additional positive role models in their lives. We do this through our adult programs. This year is pretty exciting because we'll be serving all ages! 9 1 WHEN I GROW UP I WANT TO BE A... f I OFFICER' "USInG THE ARTS?C;3 U'LD CONFIDE NCF lti youTH&PROVi�E TIiEM WITH TOOLS v[Ei]F_D i0 RF.AC11 TH E'.ft"JALS�N 1 IFE". 2015-133 VI. Estimated number of persons expected to benefit from this program. 500- a) Number of persons paid by attendance Donations b) Number of persons admitted by no fee 400 c) Number of classes and/or performances scheduled/length of display We have weekly classes for the different age groups. There will be more than 182 performances, 100-150 program participants, and 300-500+total audience members reached by the program this year. d) Total attending classes/performances/displays/exhibits 300-400 VII. Intended Results: Target Group(s) Children,ages 5-12 Adults(all ages) High School Students Time Frame 7/1/15-6/4/15 7/1/15-6/18/16 8/10/15-6/4/16 Number of 48 classes, 2 48 classes,2 86 classes(4 days a performances,classes, performance/public performances week);2 showcases& exhibits,etc. culmination one film premiere Anticipated maximum Participants-25 Participants: 15 40 participants audience, participants, Audience: 100 Audience: 250 200-350 audience etc. 10 2015-133 VIII. Total anticipated expenses for this period/program: Salary/Wages $51,000.00 Supplies & Materials $ 30,000.00 Travel $0 Fixed Assets/Rentals or Leases $ 12,000.00 Outstanding Loan Payments $ 0 Fees and Other $ 15,000.00 TOTAL EXPENSES $ 108,000.00 IX. Total anticipated income for this period. Income from admission $ 0 Revenue $ 0 Grants $ 15,000 Contributions $ 500 Funds from Support Groups $ 1,000 Other $ 0 TOTAL INCOME $ 16,500.00 X. Amount Requested from the SB Fine Arts Commission: a) Total Expenses (Section IX) $ 108,000.00 b) Total Income(Section X) $ 16,500.00 c) AMOUNT REQUESTED (a minus b) $ 36,000.00 d) Total%of budget (must not exceed 40%) 40 % 11 2015-133 XI. Future Objectives: Although the difference between the$108,000(expenses) and $16,500(income) is$91,500 we are only asking the Fine Arts Commission for$36,000. Yearly we do have a certain amount of arts professionals that will donate their services. Also if the whole amount isn't raised we will were promised from some of our partners that that they will make up as much of the difference as possible. In 2015 The PAL Center did contract UR Arts Academy to test drive our program. They loved it and although they don't have a lot of funding,they said they'll be willing to make up the difference. 12 2015-133 XII. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) In 2004(then college student) Lynnzora Rogers was referred to The Home of Neighborly Services (a San Bernardino community center)by her CSUSB Theatre Arts professor Kathy Ervin. Kathy had seen Lynnzora dance with her dance team at a talent show and also knew that she was interested in teaching. The Home of Neighborly Services was looking for a dance instructor but got a lot more. Lynnzora started off with two students and was told to"teach them anything." She took that time to develop a program and teach youth a mixture of hip-hop,jazz,and tap dance. There was an instant excitement from the student participants. They invited their friends,siblings,cousins,etc. The class quickly grew from two students to twenty...to forty students in a little over two months with no advertising(only word of mouth). The grant money used to employ Lynnzora quickly ran out in a few months...however,she continued to teach for free when she saw the excitement that the kids had for the program. Lynnzora would go on to volunteer for years. In 2007 her students expressed interest in other forms of the arts like acting,art,and film. That summer she brought in some colleagues who specialized in those disciplines to work with the kids and they loved it! The classes continued to grow. That's when other art disciplines were permanently added to what Lynnzora offered. In 2008(impressed with the program's success)the president of The Home of Neighborly Services board of directors and community leader,John Futch encouraged Lynnzora to apply for official 501c3 status. He saw her the volunteering and using her own resources draining her and taking a toll. She followed his advice and took the time to develop an effective program,curriculum,board of directors,and LJR Intellect Academy of the Arts (later called LJR Arts Academy was born). LJR became an official nonprofit organization in 2010. Our first EVER supporter was San Bernardino's Fine Arts Commission! We were so excited by the city's support. It wasn't a lot at the time but it gave us the confidence to do so much. We were able to bring in a few additional instructors and by needed supplies for our students. Since then we've gained support from many foundations (James Irvine Foundation,Edison,WellsFargo,etc) and organizations in the city. LJR Intellect Academy of the Arts has grown a lot since it's inception,becoming a mobile arts organization that brings arts programs to various sites in the city. In addition to The Home of Neighborly Services,we've had classes at The Boys&Girls Club,St.John's Episcopal Church,The PAL Center,and we've even partnered with KEYS/San Bernardino Housing Authority to bring our pprogram to the low-income residents at their resource centers. LJR programs are more than babysitting or teaching an hour-long class. We use the arts to mentor our participants.We show them ways to effectively communicate,share their life stories,express themselves,and share about their culture through film,art,acting,and dance. We usually put on showcases 2-3 times a year and produce short a film project at least once a year. In the past we've done a lot of different cool projects: Here's LJR In Action. See the video links below: https•//vimeo.com/lirartsacademy/ataglance https://vimeo.com/lirartsacademy/support Theatre Dance.&Literary Arts: • We've put on showcases and talent shows that have brought in between 350-400 San Bernardino residents and our city council members.During this event we've had acting/skits,dance,and spoken word/poetry,etc. Take a look at the short video below that shows one of these HUGE LJR events. https://vimeo.com/LIRArtsAcademy/talentshow Here's an advertisement for one of our first large events that YOU San Bernardino Fine Arts Commission helped us with. It was a huge success and we gave you credit in the video. Take a look! https://vimeo.com/ljrartsacadem holidayevent2011 13 2015-133 Here's a video from the flashmob that we did at the San Bernardino City Council Meeting. The theme was SAVE THE ARTS. https:/Ivimeo.com/1irartsacademy/flashmob2013 Visual Arts (Film Production): Our art students have been taught how to create artwork and have been given the chance to display and sell it at our showcases and art exhibits. Our film students create positive and inspirational films that share their stories or bring awareness to important issues.Our high school age students created a short film that brings awareness to mental illness and suicide prevention. Definitely a way to use visual arts for a great cause: https:I/vimeo.com/ljrartsacademy/dosomething Our younger students created a short film about peer pressure ant the negative things it can lead to: https•//vimeo.com/lirartsacademy/pressuremovie 14 2015-133 XIII. Attach a copy of your last fiscal year financial report, audited or unaudited. Does not apply to parks or schools. CERTIFICATION: Project Officer: LaToya Bass Title Accountant Telephone No: (760) 386-4546 Date-5-10-15 15 2015-133 LJR INTELLECT ACADEMY OF THE ARTS AUDITED FINANCIAL REPORT December 20, 2014 2015-133 LJR Intellect Academy of the Arts December 20, 2014 TABLE OF CONTENTS INDEPENDENT AUDITOR`S REPORT................................................................................1-2 FINANCIAL STATEMENTS STATEMENT OF FINANCIAL POSITION.............................................................................3 STATEMENTOF ACTIVITIES................................................................................................4 STATEMENT OF FUNCTIONAL EXPENSES.......................................................................5 STATEMENTOF CASH FLOWS............................................................................................6 NOTES TO FINANCIAL STATEMENTS............................................................................7-10 SUPPLEMENTARY INFORMATION 2015-133 LaToya Bass CMR 437 BOX 1089 APO, AE 09226 AUDITOR'S REPORT To the Board of Directors of LJR Intellect Academy of the Arts, Inc. San Bernardino, California I have audited the accompanying statement of financial position of the LJR Intellect Academy of the Arts, Inc. as of December 20, 2013, and the related statement of activities, functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of the LJR Intellect Academy of the Arts, Inc.'s management. Our responsibility is to express an opinion on these financial statements based on our audit. I conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the LJR Intellect Academy of the Arts, Inc.'s as of December 20, 2013 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was performed for the purpose of forming an opinion on the basic financial statements of LJR Intellect Academy of the Arts, Inc. taken as a whole. .d.4-7"m *a," LaToya Bass December 20, 2014 2015-133 LJR Intellect Academy of the Arts Statement of Financial Position For the Year Ending 31 December,2014 Assets Current Assets: Cash $ 10,075.00 Prepaid Accounts $ 175.00 Inventory $ - Salary and Wages Payable $ - Total Current Assets $ 250.00 Property, Plant and Equipment $ 270.00 Total Assets $ 10,770.00 Liabilities Current Liabilities: Salary and Wages Expense $ 8,500.00 Prepaid Account Depreciation $ 804.00 Total Current Liabilities $ 804.00 Long-Term Liabilities $ - Liability Insurance $ 804.00 Total Long Term Liabilities $ 804.00 Total Liabilities $ 10,108.00 Net Assets Unrestricted $ (88.00) Total Net Assets $ (88.00) Total Liabilities & Net Assets $ 10,108.00 See Accompanying Report and Accountant's Notes 2015-133 LJR Intellect Academy of the Arts Statement of Activities For the Year Ending 31 December, 2014 CHANGES IN UNRESTRICTED NET ASSETS REVENUES AND SUPPORT Monetary Donations $ 53,500.57 Equipment Donations $ 2,270.00 Prepaid Accounts $ 175.00 Miscellaneous Income: Donated Professional Services& Time $ 51,200.00 TOTAL REVENUS AND SUPPORT $ 107,145.57 Operating Expenses Academy expense $ 55,500.00 General& administration expenses $ 9,725.32 Depreciation on Prepaid Accounts $ - TOTAL OPERATING EXPENSES $ 65,225.32 Increase in unrestricted net assets $ 43,538.25 NET ASSETS- Beginning of the year $ - NET ASSETS-End of the year $ 32,538.25 See Accompanying Report and Accountant's Notes 2015-133 LJR Intellect Academy of the Arts Statement of Functional Expenses For the Year Ended 31 December,2014 General Academy Administration Total EXPENSES Expense Expense Expenses Payroll $ 51,000.00 $ 1500.00 $ 52,500.00 Taxes&fringe benefits $ - $ - $ - Payroll and related costs $ - $ - $ - Advertisement $ 500.00 $ - $ 500.00 Auto Insurance $ - $ 804.00 $ 804.00 Incorporation Expense $ - $ 30.00 $ 30.00 Permit Fees $ - $ 400.00 $ 400.00 Office Supplies $ - $ 606.75 $ 606.75 Telecommunications $ - $ 2,509.50 $ 2,509.57 Travel Expense $ - $ 3,700.00 $ 3,700.00 Website Domain $ - $ 175.00 $ 175.00 Depreciation Expense $ - $ - $ - Total Program Services $ 51,500.00 $ 9,725.25 $ 61,225.25 See Accompanying Report and Accountant's Notes 2015-133 LJR Intellect Academy of the Arts Statement of Cash Flows For the Year Ending 31 December,2014 CASH FLOWS FROM OPERATING ACTIVITIES Receipts: Contributions $ 51,763.57 Inventory $ 606.75 Other assets $ 1,270.00 Accounts payable $ - Payroll and related liabilities $ 19,225.32 NET CASH PROVIDED BY OPERATING ACTIVITIES $ 72,865.64 CASH FLOWS FROM FINANCING ACTIVITIES Insurance payable $ (804.00) Notes payable $ Other expenses $ (7,921.32) NET CASH USED BY FINANCING ACTIVITIES $ (8,725.32) NET INCREASE/DECREASE IN CASH $ 69,076.75 Cash and cash equivalents-Beginning of year $ - Cash and cash equivalents- End of the year $ 64,104.32 See Accompanying Report and Accountant's Notes 2015-133 LJR Intellect Academy of the Arts NOTES TO FINANCIAL STATEMENTS December 20,2014 NOTE 1: NATURE OF OPERATIONS LJR Intellect Academy of the Arts is an afterschool program for youth that has been serving the community since 2004. Students&board members have worked hard to run a successful organization through fundraising, advertising,and dedication for years. They received their 501 c3 nonprofit status from the IRS in 2010. The Organization's mission is to use the arts to heal,educate, and empower at- risk/low-income youth and their families to become healthy,productive,and self- sufficient people in the community. Their program not only teaches youth to become good performers, artists and writers,but also keeps them out of trouble, away from drugs and gangs,boosts self-esteem, and improves public speaking skills. NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Accounting The accompanying financial statements are prepared based on the accrual basis of accounting. Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards(SFAS)No. 117, Financial Statements of Not-For-Profit Organizations. Under SFAS No. 117,the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets,temporarily restricted net assets,and permanently restricted net assets. Accordingly,net assets of the Corporation and changes therein are classified and reported as follow: Unrestricted net assets-Net assets that are not subject to donor-imposed stipulations Temporarily restricted net assets-Net assets subject to donor-imposed stipulations that may or will be met, either by action of the Corporation and/or the passage of time. When a restriction expires,temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restriction. The Corporation does not have temporarily restricted net assets. 2015-133 Permanently restricted net assets-Net assets subject to donor-imposed stipulations that they be maintained permanently by the Corporation. Generally,the donors of these assets permit the Corporation to use all or part of the income earned on any related investments for general or specific purposes. The Corporation does not have permanently restricted net assets. Property and Equipment Property and equipment in excess of$500 are capitalized and stated at cost. Depreciation is provided in the straight-line method over the estimated useful lives of the respective assets. The cost of repairs and maintenance are charged in expenses as incurred; significant renewals and betterment costs are capitalized. When an asset is sold, or otherwise disposed of,the related cost of accumulated depreciation are removed from the respective accounts and any gain or loss on disposition is recognized in current income. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities. The disclosure of contingent assets and liabilities at the date of the financial statements are the reported amounts of revenues and expenses during the reported period. Actual results could differ from those estimates. Income Taxes The corporation is a not-for-profit corporation exempt from the payment of income taxes under Internal Revenue Code Section 501(c) (3)and California Revenue and Taxation Code Section 23701(d). Accordingly,no provision for income taxes'has been made in these financial statements. Cash and Cash Equivalents For purposes of the statement of cash flows,the corporation considers all highly liquid investments with an original maturity of three months when purchased to be cash equivalent. NOTE 3: GRANTS RECEIVABLE LJR Intellect Academy of the Arts received the following grants in 2014: $5,000 from Southern California Edison& $18,500 from CDBG San Bernardino. 2015-133 List Board of Directors and Officers (does not apply to parks and schools) (Include names,addresses,and telephone numbers.) 16 2015-133 m x m n C rt C m v c m r p Z A (D °' m M o o a 0 m rno a to 3 0 a = s o O _ m 0 -% an to m Q V s 0 G> G) -. m m c c m O O O S D' (D A (D (D to ((DD (D m (D n ci h V 0. 0 W � � N O v0 M (D O O O LN _' CL rr Q 0- a Q. � o O V, w r m m m ? O C 0 D :3 v n D n !m (A O FD CL 0 Cr cm i3 G CA W W M N p. v rm c' Cr N N E O (A rp) 00 (D (D 0 9 rp) a 0a , m �! O (D t2. 3 O- M fl3 0 N .� 0 3 = o Q ? °° 0 3 3 .p c o 3 N o 0 3 as 0 x p C7 N n .Nr C7 ..fir p N W CA W a1 W C N (D =$ = rF cn N (WD vii (D (D 's '=r m (D .-r WN D) f7 �+ (3D G7 cu O ttl Q/ N m CO N L N w + 0 0 -0 r N 'Or CT._ Q ++ fl r (p CU Q cu r+ = r+ (D 3 vi rr+ @ '+ O d a (D O (D -+ n O O m ,t O (D O - ' C C = a -a C O C 2 3 a v o O O FA D O 0 tD m (m `C m N N Ln N aa V 2015-133 C-N 0-4 cu- 4 tz CD r ,Ira �Q I q v o 3 s l Pf k A 2015-133 �t D o � n m r A C � 4 �• t n n m > m 3 X Q 2015-133 o 1 c M a n � Vf n 3 <' o a z inFM C Oil, s CTJ . r C 0 h � wZL u sy�n w 1 s tin All COD a ~ o �� a 2015-133 CL & ! rL « tom » -75 . �a. $ � Z3k E\\{ a �bg / } » [ : a ƒ2 & »= &q § Ea � . � \§ } § \\ \ 2 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCENISUAL ARTS/THEATER/LITERARY ARTS PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6 th day of July , 2015, BY AND BETWEEN: 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"); AND, LJR Intellect Academy of the Arts, a non-profit organization, operating under the laws of the State of California, and having its principal place of business at 1407 N. Arrowhead Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Multifaceted Arts program at LJR Intellect Academy of the Arts in San Bernardino ("Project")to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 3 of 8 2015-133 8. LICENSES OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Lynnzora Rogers 300 N "D" Street, 6th Floor LJR Intellect Academy of the Arts San Bernardino, CA 92518 PO Box 90421 San Bernardino, CA 92427 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCENISUAL ARTS/THEATER/LITERARY ARTS PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 7 �" , 2015 RECIPIENT: LJR INTELLECT ACADEMY OF THE ARTS By: It : �ire�v 1"►✓e- Dated 7Z , 2015 CITY OF SAN BERNARDINO By: n Par er, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR ARTS PROGRAM Page 8 of 8 EXHIBIT "H" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Del Rosa Elementary School, a public elementary school, operating under the laws of the State of California, and having its location at 3395 North Mountain Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Theater/Dance/African Soul Program at Del Rosa Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Anetra Applewhite 300 N "D" Street, 6th Floor Del Rosa Elementary School San Bernardino, CA 92518 Music Department 700 North"F" Street San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 7 of 8 2015-133 RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: DEL ROSA ELEMENTARY SCHOOL By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 8 of 8 ATTACHMENT 1 2015-133 VISUAL AND PERFORMING ARTS----- GRANT APPLICATION FORM City of San Bernardino- Fine Arts Commission L Applicant/Organization (Name, Address, Etc.) Anetra Applewhite Program Coordinator Del Rosa Elementary School 3395 Mountain Ave N San Bernardino CA 92404 Telephone No. (909) 881-8160 Cell Phone (909) 856-2799 Non-Profit I.D. No. N/A Website Address: http://www.sbcusd.kl2.ca.us Number of years in Existence or in Teaching: Since 1948, 67 years. II. Contact Person: Anetra Ap_plewhite Title: Program Administrator Telephone No: (909) 881-8160 Cell No: (909) 856-2799 E-mail Address: aaplewhite(a�starsinc.com III. Program Category Under which Support is Requested: Theater Dance IV. Period of Support Requested: From: August 3, 2015 through May 26, 2016 1 2015-133 V. Program Description/Needs Statement: Program funds will be used to pay for dance and theater classes for up to 50 students at Del Rosa Elementary School. These classes will be held weekly afterschool, during the hours of 3:30 and 5:30 p.m., a time when our students are statistically more vulnerable to participate in negative activities in the community such as crime, drug/alcohol experimentation and teenage pregnancy. This program will not only teach the fundamentals of dance and theater, but teamwork, problem solving, self-confidence and self-esteem. Leading research (Catterrall, 2002)has shown that children who participate in theater experience an increase in: "Story comprehension (oral and written). Character identification. Character motivation. Increased peer interaction.Writing proficiency and prolixity. Conflict resolution skills. Concentrated thought. Understanding social relationships.Ability to understand complex issues and emotions. Engagement. Skill with subsequently read, unrelated texts. Problem-solving dispositions/strategies. General self-concept." Students will learn to handle their emotions and communicate their feelings effectively and constructively through exercises that empower and motivate. Students will be maintain high grades, as they will be required to maintain a good grade point average in order to perform with this program, any students that need help will be offered tutoring as needed. The target audience for this program will be youth at the Del Rosa School. Our school is located in a low income, high crime area, and this program is very needy for our students. The Literary Arts will help our students with positive communication and also help increase our English Language Arts scores, which were only at 25% proficiency in our 2013 State testing. Our students have a high rate of in class incidents and suspensions, and 97% of our students receive free and reduced lunch. While we are 25% African-America, many of these students are in need of culturally 2 2015-133 specific and culturally proficient program, as they are our lowest achievers at this time. The cultural needs that will be addressed for this target population is the development of positive self-esteem, self-efficacy, self-advocacy and self-confidence. This program aims to help students feel better about themselves,build positive self- perception and increase their likelihood of success through the arts as an intervention and motivational tool. The effects of this program will be measured through pre-, mid- and post-assessments of participants, and the tracking of student grades and behavioral incidents. Key personnel include: Anetra Applewhite- Program Coordinator(Community Partner, Valley Star Community Services.) Mrs. Applewhite will maintain student attendance and grade records, coordinate logistics for the program with the school, instructors and community partners. Jewel Jackson- Instructor(Community Partner, African Soul International) Jewel Jackson will develop curriculum, instruct classes, schedule performances in community, coordinate all internal activities of the program. Wandalyn Lane-Williams- Program Supervisor(Community Partner, Valley Star Community Services) Mrs. Lane-Williams will be responsible for ensuring that all matching funds for this project are secured. She will provide funding for Program Coordination, one day of instruction per week, snacks and water for students, transportation to community events and outreach coordination. 3 2015-133 VI. Estimated Number of Persons Expected to Benefit from This Program- This program will offer classes to 50 students throughout the 2015-2016 school year. These classes will occur twice per week from the beginning of the school year, August 3, 2015 through the end of the year, May 26, 2016. During that time, there will be approximately 76 classes, not counting school holidays and vacations. There will be at least 3 performances: Christmas, Black History Month, Graduation Ceremonies, as well as informal showcases for families and school events as requested. Students will also be a part of our partner organization's annual concert at Cal Poly Pomona. This exciting event includes both a performance as well as a campus tour. The goal is to keep our students heavily involved in positive, constructive activities that will benefit them socially, emotionally and academically. a. Number of persons who will pay an admission charge: 0 b. Number of persons who will receive free admission: 1000 (includes 775 students, 25 teachers/administration and 200 parents) c. Number of classes scheduled or performances scheduled for the performing arts- 76 classes, 3 performances d. Total attending classes/performances- 1000 VII. Intended Results-We intend to offer 76 classes to 50 students at Del Rosa Elementary School between the months of August 2015 and May 2016. Our target population is elementary students between the ages of 5 and 12 years old. We intend to have our selection of students by the end of August 2015 and will be preparing for our Christmas performance throughout the months of September through December. We will offer classes twice weekly to students and will monitor their academic and behavioral progress monthly. We will have sign-in sheets at each class and will send each student with a monthly progress report that will be turned in at the end of each month. Target Group Elementary Students Parents Faculty/Staff/ 4 2015-133 (ages 5-12) Community Time Frame August 3, 2015 October 2015, December 2015, through May 26, 2016 December Feb 2016, May 2015, Feb 2016 2016, May 2016 Number of 76 classes, 4 public 4 public 4 public Performances, performances performances performances classes Anticipated Participants- 50 200 25 Maximum Audience- 1000 Audience, participants VIII. Total anticipated expenses for this period/program: Salary/Wages-Artists $ 34,100 Salary/Wages- Admin $13,500 Supplies and Materials $ 12,500 Travel $2,400 Fixed Assets/Rentals or Leases $0 Outstanding Loan Payments $0 Fees and Other $0 TOTAL EXPENSES $ 62,500 5 2015-133 IX. Total anticipated income for this period. Income from admission $0 Revenue $0 Grants $62,500 Contributions $ Funds from other Support Groups $ Other $ TOTAL INCOME $ 62,500 X. Amount Requested from the SB Fine Arts Commission a. Total Expenses $ 62,500 b. Total Income $ 37,500 c. AMOUNT REQUESTED $ 25,000 d. Total % of budget (40%) 40% XI. Future Objectives: To continue this program and to expand our reach to 75-100 students next year. We would like to eventually add artists to work with teachers and develop Common Core based arts-integrated lesson plans. XII. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.)This project started in 2013, after Valley Star Community Services received a grant from the California Department of Behavioral Health to help build resiliency in African-American youth. This culturally specific program was developed to meet the needs of students who were categorically underperforming academically and socially. In second year of the grant, Valley Star Community Services contracted African Soul International to incorporate the arts into their programming so that the students could perform for Black History Month. The 6 2015-133 program was very well received and has helped us increase the number of students and families who are requesting participation in our programming. While Valley Star Community Services and the PRAAC program continue offering mental health services for students, this grant will enable the development of a strong artistic program that will further engage and encourage these students through offering them a positive outlet for angst, frustration and emotional issues, while increasing literacy and self-confidence. Our corporate partner for this grant is: Valley Star Community Services, who will be providing snacks,mental health and family services. Our non-profit partner is: African Soul International, who will be providing artistic services. SUPPORT FROM THE SAN BERNARDINO FINE ARTS COMMISSION WILL BE USED TO: 1. INCREASE THE DIVERSITY OF OUR PROGRAM TO REACH ALL STUDENTS 2. INCREASE THE FREQUENCY FROM ONE DAY PER WEEK TO TWO 3. INCREASE THE PROGRAM FROM JUST DANCE TO MUSIC AND CHORUS THANK YOU FOR YOUR CONSIDERATION OF THIS REQUEST!!1 XIII. Attach a copy of your last year financial report, audited or unaudited. Does not apply to parks or schools. 7 2015-133 CERTIFICATION: Project Officer: L- Title LTw\ A&6, A rUkor Telephone No: vi��� �� 1 Date s 8 2015-133 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT DEL ROSA ELEMENTARY SCHOOL OFFICE OF THE PRINCIPAL 3395 N. Mountain Avenue Mrs.A. Quintana-Rangel San Bernardino, California 92404 Phone: 881-8160 Fax: 886-2926 Fine Arts Commission Office of the City Clerk City of San Bernardino 300 North"D" Street, 2nd Floor San Bernardino, CA 92418-0001 LETTER OF SUPPORT Dear City Clerk's Office: The Del Rosa Elementary School is very pleased to write this letter of support for our grant request to continue and expand our arts programming on our school campus. This program is led by our community partners, African Soul International and Valley Star, Inc. This program has previously been a part of the PRAAC (Promoting Resiliency in,African-American Children) program that is funded by the California Department of Behavioral Health but we are requesting support to expand the program into a more in-depth program that will serve more of our most needy students on our campus. We have seen many of our students who have had behavioral and academic issues, greatly benefit from their participation in this program. We have seen this program motivate our students to behave well and do better in school. We feel this program is very important and is helping us increase our parental engagement and student achievement. I wholeheartedly support this program without reservation, please contact me if you have any additio al questions. Arlene Quintana-Rangel, Principal Del Rosa Elementary San Bernardino City School District 2015-133 3 N r! m N r! m CL m m N 41 3 � O N r+ O O ? O 'O T u m v m p '+ m X (�D S O CL 7 .L = Oq r m Q. m m 3 N rr a. O ,+ '* C m_ 3 S v = H 3 FA CU 0 O A � CA 3 m OrtJ '+ fD m O n (A N S! O '+ fr+D Ol � m O. 'O N � f�D � 3 7 S O S fD 'O (D fD N 2015-133 ° ea,a m can m.Q>m 10 oc, o'WHO.�t � ° Pao* oM -r o -0 a &+ cm CL tv x 4 lvd Pro FKA-4 sd�� a o° � � � mom cii T C x:* m m y. cl a W;m � o m ol a 3. ooa z Cn Co . mQ C Q CD x .='ga.SW 3Z.'� mac CD 6 C'O 2015-133 Students at Hunt Elementary, Mrs. K Brown & Mrs. Wandalyn Lane-Williams m Students at Hunt Elementary after performing for Superintendent, Dr. Marsden, with Master Artists,Jewel Jackson, M.Ed., Solo Soro and Principal Kolling on left 2015-133 Students participating in "Stop the Violence" conversations with staff and - - = artists after a community incident. 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, Del Rosa Elementary School, a public elementary school, operating under the laws of the State of California, and having its location at 3395 North Mountain Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Theater/Dance/African Soul Program at Del Rosa Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page l of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Anetra Applewhite 300 N "D" Street, 6th Floor Del Rosa Elementary School San Bernardino, CA 92518 Music Department 700 North"F" Street San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws,ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 7 of 8 2015-133 RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: —�3 , 2015 RECIPIENT: DEL ROSA ELEMENTARY SCHOOL By: n ALA= 10n Z Its: Pry. c i'e 1 Dated /W— , 2015 CITY OF SAN BERNARDINO By: Alle arker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. !t�� GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DEL ROSA ELEMENTARY SCHOOL FOR THEATER/DANCE/AFRICAN SOUL PROGRAM Page 8 of 8 EXHIBIT " I" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July 120 1� BY AND BETWEEN: 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"); AND, Juanita B. Jones Elementary School, a public elementary school, incorporated under the laws of the State of California, and having its principal place of business at 700 N. "F" Street, San Bernardino, CA 92401. (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Chorus and Drumline Program at Juanita B. Jones Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"I." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and(iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 parry claims against the RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Kadirah Mubashshir 300 N "D" Street, 6t"Floor Juanita B. Jones Elementary School San Bernardino, CA 92518 Music Department 700 North"F" Street San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: JUANITA B. JONES ELEMENTARY SCHOOL By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: \ GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 8 of 8 ATTACHMENT 1 2015-133 VISUAL AND PERFORMING ARTS----- GRANT APPLICATION FORM City of San Bernardino- Fine Arts Commission L Applicant/Organization (Name, Address, Etc.) Kadirah Mubashshir, Program Coordinator Juanita B Jones Elementary School 700 N F St. San Bernardino CA 924010 Telephone No. (909) 386-2020 Cell Phone (909) 746-6756 Non-Profit I.D. No. Website Address: http://www.sbcusd.kl2.ca.us/ Number of years in Existence or in Teaching: Since 1953 62years. II. Contact Person: Kadirah Mubashshir Title: Program Coordinator Telephone No: (909) 881-8160 Cell No: (909) 856-2799 E-mail Address: kMubashshir( starsinc.com III. Program Category Under which Support is Requested: Music-Chorus and Drumline IV. Period of Support Requested: From: August 3, 2015 through May 26 2016 1 2015-133 V. Program Description/Needs Statement: Program funds will be used to pay for chorus and drum classes for up to 75 students at Juanita B. Jones Elementary School. These classes will be held weekly afterschool, during the hours of 3:30 and 5:30 p.m., a time when our students are statistically more vulnerable to participate in negative activities in the community such as crime, drug/alcohol experimentation and teenage pregnancy(Davies and Peltz, 2012). According to John Hopkins School of Education (2004), "Critical Links shows us that learning in music, taking varied shapes and forms, can have very important impacts on what can only be called a fundamental cluster of brain functions -- namely spatial reasoning and what researchers have begun to call spatial-temporal reasoning. These terms refer to understandings of relations of ideas and objects in space in time. It would be difficult to find a set of cognitive skills more important for how we humans go about our lives." This program will not only teach the fundamentals of chorus and music, but teamwork, problem solving, self-confidence and self-esteem. Students will learn to handle their emotions and communicate their feelings effectively and constructively through exercises that empower and motivate. Students will be maintain high grades, as they will be required to maintain a good grade point average in order to perform with this program, any students that need help will be offered tutoring as needed. The target audience for this program will be youth at the Juanita B. Jones School. Our school is located in a low income, high crime area, and this program is very needy for our students. The Musical Arts will help our students with positive self-expression and creativity. Our students, as many schools in our community, have a high rate of in class incidents and suspensions, and 95% of our students receive free and reduced lunch. The cultural needs that will be addressed for this target population is the 2 2015-133 development of positive self-esteem, self-efficacy, self-advocacy and self-confidence. This program aims to help students feel better about themselves, build positive self- perception and increase their likelihood of success through the arts as an intervention and motivational tool. The effects of this program will be measured through pre-, mid- and post-assessments of participants, and the tracking of student grades and behavioral incidents. Key personnel include: Kadirah Mubashshir - Program Coordinator(Community Partner, Valley Star Community Services) Ms. Mubashshir will maintain student attendance and grade records, coordinate logistics for the program with the school, instructors and community partners. Solo Soro- Instructor(Community Partner, African Soul International) A Native of Ivory Coast, West Africa, Mr. Soro will teach basic and polyrhythmic percussions to students. His approach focuses heavily on math, patterns and sequences. Richard Lindsey-Instructor(Community Partner, African Soul International) Mr. Lindsey is a classically trained operatic singer who has performed at Carnegie Hall and many other major venues. He is a phenomenal teacher and will develop our school choir and performance ensemble. Wandalyn Lane-Williams- Program Supervisor(Community Partner, Valley Star Community Services) Mrs. Lane-Williams will be responsible for ensuring that all matching funds for this project are secured. She will provide funding for Program Coordination, one day of instruction per week, snacks and water for students, transportation to community events and outreach coordination. 3 2015-133 VI. Estimated Number of Persons Expected to Benefit from This Program- This program will offer classes to 50 students throughout the 2015-2016 school year. These classes will occur twice per week from the beginning of the school year, August 3, 2015 through the end of the year, May 26, 2016. During that time, there will be approximately 76 classes, not counting school holidays and vacations. There will be at least 3 performances: Christmas, Black History Month, Graduation Ceremonies, as well as informal showcases for families and school events as requested. Students will also be a part of our partnership with partner organization's Cal Poly Pomona collaboration. This collaboration includes a campus tour and performance opportunity on campus. The goal is to keep our students heavily involved in positive, constructive activities that will benefit them socially, emotionally and academically. a. Number of persons who will pay an admission charge: 0 b. Number of persons who will receive free admission: 1000 (includes 775 students, 25 teachers/administration and 200 parents) c. Number of classes scheduled or performances scheduled for the performing arts- 76 classes, 3 performances d. Total attending classes/performances- 1000 VII. Intended Results- We intend to offer 76 classes to 50 students at Jefferson Hunt Elementary School between the months of August 2015 and May 2016. Our target population is elementary students between the ages of 5 and 12 years old. We intend to have our selection of students by the end of August 2015 and will be preparing for our Christmas perfonnance throughout the months of September through December. We will offer classes twice weekly to students and will monitor their academic and behavioral progress monthly. We will have sign-in sheets at each class and will send each student with a monthly progress report that will be turned in at the end of each month. 4 2015-133 Target Group Elementary Students Parents Faculty/Staff/ �- (ages 5-12) Community Time Frame August 3, 2015 December December 2015, through May 26, 2016 2015, Feb Feb 2016, May 2016, May 2016 2016 Number of 76 classes, 4 public 4 public 3 public Performances, performances performances performances classes Anticipated Participants- 75 200 25 Maximum Audience- 1025 Audience, participants VIII. Total anticipated expenses for this period/program: Salary/Wages-Artists $ 50,000 Salary/Wages- Admin $7,500 Supplies and Materials $ 12,600 Travel $2,400 Fixed Assets/Rentals or Leases $0 Outstanding Loan Payments $0 Fees and Other $0 TOTAL EXPENSES $ 72,500 5 2015-133 IX. Total anticipated income for this period. Income from admission $0 Revenue $0 Grants $72,500 Contributions $ Funds from other Support Groups $ Other $ TOTAL INCOME $ 72,500 X. Amount Requested from the SB Fine Arts Commission a. Total Expenses $ 72,500 b. Total Income $ 47,500 c. AMOUNT REQUESTED $ 25,000 d. Total % of budget (40%) 40% XI. Future Objectives: To continue this program and to expand our reach to 75-100 students next year. We would like to eventually add artists to work with teachers and develop Common Core based arts-integrated lesson plans. XII. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) This project started in 2013, after Valley Star Community Services received a grant from the California Department of Behavioral Health to help build resiliency in African-American youth. This culturally specific program was developed to meet the needs of students who were categorically underperforming academically and socially. In second year of the grant, Valley Star Community Services contracted African Soul International to incorporate the arts into their programming so that the students could perform for Black History Month. The 6 2015-133 program was very well received and has helped us increase the number of students and families who are requesting participation in our programming. While Valley Star Community Services and the PRAAC program continue offering mental health services for students, this grant will enable the development of a strong artistic program that will fiirther engage and encourage these students through offering them a positive outlet for angst, frustration and emotional issues, while increasing literacy and self-confidence. Our corporate partner for this grant is: Valley Star Community Services, who will be providing snacks, mental health and family services. Our non-profit partner is: African Soul International, who will be providing artistic services. SUPPORT FROM THE SAN BERN'ARDINO FINE ARTS COMMISSION WILL BE USED TO: 1. INCREASE THE DIVERSITY OF OUR PROGRAM TO REACH ALL STUDENTS 2. INCREASE THE FREQUENCY FROM ONE DAY PER WEEK TO TWO 3. INCREASE THE PROGRAM FROM JUST DANCE TO MUSIC AND CHORUS THANK YOU FOR YOUR CONSIDERATION OF THIS REQUEST!!! XIII. Attach a copy of your last year financial report, audited or unaudited. Does not apply to parks or schools. CERTIFICATION: Project Officer: Title - Telephone No: � � (r -C� ' Date lyoz l/oz 1, py, 1 "t, LJ 7 2015-133 In �w,4 �' SAN BERNARDINO CITY UNIFIES SCHOOL [DISTRICT Jones Elementary OFFICE OF THE PRINCIPAL 700 N. F Street San Bernardino, CA 92410 Ph: (909) 386-2020 Fax: (909) 885-8181 LETTER OF SUPPORT Fine Arts Commission Office of the City Clerk City of San Bernardino 300 North "D" Street, 2nd Floor San Bernardino, CA 92418-0001 Dear Fine Arts Commission Review Panel: It is with great enthusiasm that I compose this letter of support for the Juanita Blakely Jones School's application for the 2015-2015 Fine Arts Grant. This grant will allow our school to continue and expand our partnership with two of our community's valuable assets,Valley Star, Inc. and African Soul International. We have had a strong partnership with Valley Star since the 2013,when they received funding to start a PRAAC (Promoting Resilience in African American Children) program at our school. This afterschool program was further enhanced in the 2014-2015 school year,when African Soul International joined to offer cultural arts programming for our students. Since adding the arts to our programming our students have become even more engaged and committed. The opportunities afforded by this organizations retain student interest in their programs equally promoting interest in their education. We see improvement in grades, attitudes, students' ability to try new things and their quest to be excellent. Because this program started as a mental health program,we are seeking funding to expand the artistic program from only dance,to include choir and a drumline. These additional elements to our school only further our cause to heighten interest for our students to be active participants in their own education and lives. Further,these opportunities serve as vehicles into the home to begin positive and hope making conversations within our children's homes. Conversations that can only spark positive attitudes, hope for the future and build determination in our youth. The funds that we are seeking will cover the cost of drums and music instruction. Research has clearly shown a connection between music and the cognitive development and abilities of children and we are excited to demonstrate that through the ongoing work with our future leaders at Juanita B.Jones. Please feel free to contact me if you have any further questions regarding this request. 61 Ramon Velasco, Principal Juanita B.Jones Elementary School 909-386-2020 Ramon.velasco @sbcusd.com 2015-133 N m D m m m 3 H �l O n O r+ O O 7 'a m N m v m O .+ N X m n CL = c m r« m c m v a m ao m r* ,•. a N O r+ O m '+ O N n m 3 S w S 3 n o m m m N 7 N y O m O a m O n v m m m 3 �p N �-► S � m n_ O O m tu O rt r+ tr m m € aC� :r r o Gl OQ 3 'h O S CL S m _ O1 m a ro 3O S -h • O Z _ S - m N 2015-133 CA co Par CI m--m as •,. o Or cs co ti cl a �« d -� CCC ��i' ma: s a . p° O b .� is cn co o 43 c-99 �{o m m �7 Q. ffi CC- CL a :Z.A aN �4 i� m, I R7 C.�R o �p �'C,WyCa $` 7 ? C `AJ IV F.� C73 /LAM a oa b. '� ra _ +O 37 f S M=r? Z EF C-C lo 2015-133 Students at Hunt Elementary, Mrs. K Brown & Mrs. Wandalyn Lane-Williams ,i Students at Hunt Elementary after performing for Superintendent, Dr. Marsden, with Master Artists, Jewel Jackson, M.Ed., Solo Soro and Principal Kolling on left 2015-133 Students participating n"Stop the Violence" conversations-with staff and - artists after--a community incident. - - � 5 A " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2Q! 15 BY AND BETWEEN: 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"); AND, Juanita B. Jones Elementary School, a public elementary school, incorporated under the laws of the State of California, and having its principal place of business at 700 N. "F" Street, San Bernardino, CA 92401. (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Chorus and Drumline Program at Juanita B. Jones Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Kadirah Mubashshir 300 N "D" Street, 6th Floor Juanita B. Jones Elementary School San Bernardino, CA 92518 Music Department 700 North"I"' Street San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2015 RECIPIENT: JUANITA B. JONES ELEMENTARY SCHOOL : B Y Its: ?r"r *°a_ 1 Dated 2015 CITY OF SAN BERNARDINO By: All arker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUANITA B. JONES ELEMENTARY SCHOOL FOR CHORUS AND DRUMLINE PROGRAM Page 8 of 8 EXHIBIT "J" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6thday of July , 2(15 , BY AND BETWEEN: 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"); AND, Jefferson Hunt Elementary School, a public elementary school, operating under the laws of the State of California, and having its locating at 1342 Pumalo Street, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Literary Arts and Dance Program at Jefferson Hunt Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "I," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and(iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Kim Brown 300 N "D" Street, 6th Floor Jefferson Hunt Elementary School San Bernardino, CA 92518 1342 Pumalo Street San Bernardino, CA 92404 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: JEFFERSON HUNT ELEMENTARY SCHOOL By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 8 of 8 ATTACHMENT 1 2015-133 VISUAL AND PERFORMING ARTS----- GRANT APPLICATION FORM City of San Bernardino- Fine Arts Commission I. Applicant/Organization(Name, Address, Etc.) Kim Brown Program Coordinator Jefferson Hunt Elementary School 1342 Pumalo St San Bernardino CA 92404 Telephone No. (909) 881-8178 Cell Phone (909) 213-7163 Non-Profit I.D. No. N/A Website Address: http•//www sbcusd kl2 ca us Number of years in Existence or in Teaching: Since 1953 62years. II. Contact Person: Kim Brown Title: Program Administrator - Telephone No: (909) 881-8160 Cell No: (909) 856-2799 E-mail Address: kmbrown(c4starsinc corn III. Program Category Under which Support is Requested: Dance Literary Arts (Poetry) IV. Period of Support Requested: From: August 3 2015 through May 26 2016 1 2015-133 V. Program Description/Needs Statement: Program funds will be used to pay for dance and poetry classes for up to 65 students at Jefferson Hunt Elementary School. These classes will be held weekly afterschool, during the hours of 3:30 and 5:30 p.m. According to the U.S. Department of Education(2002), each day 8 million `latchkey' are left alone and unsupervised during these hours. The highest crime rate during the week is between 3:00- 7:00 p.m. (Life before after-school programs, 2002). While the CAPS program provides adequate after-school care for many, this program looks to supplement the continual needs of at-risk students through programming that increases their academics and cultural proficiency through the arts. Our program aims to develop a new culture in our school, and our community. Culture has historically been defined as a learned meaning system of shared values, customs,behaviors, beliefs, norms, symbols, and artifacts that members of a group use to make sense of their world and foster a sense of community and identity. (Bates & Plog, 1990; Geertz, 1979; Gudykunst, 1998; Hall, 1976; Samovar& Porter, 1995; Triandis, 1994).This is particularly important for students in San Bernardino, as rural areas tend to lack the resources and cultural programming available in major cities, such as Los Angeles. While our students experience higher rates of poverty, geographic isolation, declining populations, and inadequate community facilities, these issues often acerbate the realities of economic hardships and ethnic tensions (Green& Schneider, 1990). This program will not only teach the fundamentals of dance and poetry,but according to extensive research, (Catterrall, 2002) "Increased Literacy. Self-confidence. Persistence. Reading skills. Nonverbal reasoning. Expressive skills. Creativity in poetry. Social tolerance. Appreciation of individual/group social development. Creative dance General creative thinking— fluency General creative thinking—originality, elaboration, flexibility,teamwork,problem solving, self-confidence and self-esteem". Students will learn to handle their emotions and communicate their feelings effectively and constructively through exercises that empower and 2 2015-133 motivate. Students will be maintain high grades, as they will be required to maintain a good grade point average in order to perform with this program, any students that need help will be offered tutoring as needed. The target audience for this program will be youth at the Jefferson Hunt School. Our school is a Title 1 school, located in a low income, high crime area, and this program is very needed for our students. The Poetry program will help our students with positive communication and also help increase our English Language Arts scores, which were only at 26%proficiency in our 2013 State testing. We have a high percentage of Special Education and Special Needs students. Our students have a high rate of in class incidents and suspensions, and 97% of our students receive free and reduced lunch. While we are 30% African-America, many of these students are in need of culturally specific and culturally proficient program, as they are our lowest achievers at this time. The cultural needs that will be addressed for this target population is the development of positive self-esteem, self-efficacy, self-advocacy and self-confidence. This program aims to help students feel better about themselves,build positive self-perception and increase their likelihood of success through the arts as an intervention and motivational tool. The effects of this program will be measured through pre-, mid- and post-assessments of participants, and the tracking of student grades and behavioral incidents. Key personnel include: Kim Brown- Program Coordinator(Community Partner, Valley Star Community Services) Mrs. Brown will maintain student attendance and grade records, coordinate logistics for the program with the school, instructors and community partners. Jewel Jackson- Instructor(Community Partner, African Soul International) Jewel Jackson will develop curriculum, instruct classes, schedule performances in community, coordinate all internal activities of the program. 3 2015-133 Wandalyn Lane-Williams- Program Supervisor(Community Partner, Valley Star Community Services) Mrs. Lane-Williams will be responsible for ensuring that all matching funds for this project are secured. She will provide funding for Program Coordination, one day of instruction per week, snacks and water for students, transportation to community events and outreach coordination. Estimated Number of Persons Expected to Benefit from This Program- This program will offer classes to 45 students throughout the 2015-2016 school year. These classes will occur twice per week from the beginning of the school year,August 3, 2015 through the end of the year, May 26, 2016. During that time,there will be approximately 76 classes,not counting school holidays and vacations. There will be at least 3 performances in San Bernardino at the school: Christmas, Black History Month, Graduation Ceremonies, as well as informal showcases for families and school events as requested. There will also be 1 performance at Cal Poly Pomona, as a part of a college outreach program coordinated by Jewel Jackson, a doctoral students at Cal Poly Pomona- the transportation costs of this performance are not being requested in this grant. The goal is to keep our students heavily involved in positive, constructive activities that will benefit them socially, emotionally and academically. a. Number of persons who will pay an admission charge: 0 b. Number of persons who will receive free admission: 1000 (includes 775 students, 25 teachers/administration and 200 parents) c. Number of classes scheduled or performances scheduled for the performing arts- 76 classes, 3 performances d. Total attending classes/performances- 1000 VI. Intended Results- We intend to offer 76 classes to 45 students at Jefferson Hunt Elementary School between the months of August 2015 and May 2016. Our target population is elementary students between the ages of 5 and 12 years old. We intend to have our selection of students by the end of August 2015 and will be preparing for our Christmas performance throughout the months of September through December. 4 2015-133 We will offer classes twice weekly to students and will monitor their academic and behavioral progress monthly. We will have sign-in sheets at each class and will send each student with a monthly progress report that will be turned in at the end of each month. If students are showing signs of struggle academically, they won't be removed from the program, but will be referred for tutoring services from our agency. Target Group Elementary Students Parents Faculty/Staff/ (ages 5-12) Community Time Frame August 3, 2015 December December 2015, through May 26, 2016 2015, Feb Feb 2016, May 2016, May 2016 2016 Number of 76 classes, 4 public 4 public 3 public Performances, performances performances performances classes Anticipated Participants- 50 200 25 Maximum Audience- 1000 Audience, participants VII. Total anticipated expenses for this period/program: Salary/Wages-Artists $ 34,100 Salary/Wages- Admin $13,500 Supplies and Materials $ 12,500 Travel $2,400 Fixed Assets/Rentals or Leases $0 Outstanding Loan Payments $0 Fees and Other $0 5 2015-133 TOTAL EXPENSES $ 62,500 VIII. Total anticipated income for this period. Income from admission $0 Revenue $0 Grants- Fine Arts Commission $25,000 Grants- California Dept. Mental Health $37,500 Contributions $ Funds from other Support Groups $ Other $ TOTAL INCOME $ 62,500 IX. Amount Requested from the SB Fine Arts Commission a. Total Expenses $ 62,500 b. Total Income $ 37,500 c. AMOUNT REQUESTED $ 25,000 d. Total % of budget (40%) 40% X. Future Objectives: a. To continue this program and to expand our reach to 75-100 students next year. We would like to eventually add artists to work with teachers and develop Common Core based arts-integrated lesson plans. 6 2015-133 XI. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) a. This project started in 2013, after Valley Star Community Services received a grant from the California Department of Behavioral Health to help build resiliency in African-American youth. This culturally specific program was developed to meet the needs of students who were categorically underperforming academically and socially. In second year of the grant, Valley Star Community Services contracted African Soul International to incorporate the arts into their programming so that the students could perform for Black History Month. The program was very well received and has helped us increase the number of students and families who are requesting participation in our programming. While Valley Star Community Services and the PRAAC program continue offering mental health services for students, this grant will enable the development of a strong artistic program that will further engage and encourage these students through offering them a positive outlet for angst, frustration and emotional issues, while increasing literacy and self-confidence. Our corporate partner for this grant is: Valley Star Community Services, who will be providing snacks, mental health and family services. Our non-profit partner is: African Soul International, who will be providing artistic services. 7 2015-133 SUPPORT FROM THE SAN BERNARDINO FINE ARTS COMMISSION WILL BE USED TO: 1. INCREASE THE DIVERSITY OF OUR PROGRAM TO REACH ALL STUDENTS 2. INCREASE THE FREQUENCY FROM ONE DAY PER wEEK TO TWO 3. INCREASE THE PROGRAM FROM JUST DANCE TO LITERARY ARTS THROUGH POETRY THANK YOU FOR YOUR CONSIDERATION OF THIS REQUEST!!! XII. Attach a copy of your last year financial report, audited or unaudited. Does not apply to parks or schools. CERTIFICATION: Project Officer ..Xew Title Telephone No: `�Oq Z�3 =1��c'� Date 8 2015-133 Hunt Elementary Fine Arts Commission Office of the City Clerk City of San Bernardino 300 North"D" Street, 2°d Floor San Bernardino, CA 92418-0001 LETTER OF SUPPORT Dear Fine Arts Commission: As the Principal of Hunt Elementary, I write this letter of support for our grant request to increase our cultural arts programming through our partnership with Valley Star, Inc. and African Soul International. These organizations have been working with our students and have helped to create a strong atmosphere of creativity and positive energy that has not only affected our students, but our community as well. Our students have not only performed for our school and parents, but we were invited to perform at the Martin Luther King Middle School CAPS festival, and our PRAAC dancers also performed for our Superintendent of Schools, Dr. Marsden, when our school was adopted by the Arrowhead Credit Union. Dr. Marsden enjoyed the performance of our students so much that he joined in our community celebration and learned some of the dance movements as well. This cultural arts program, while it is not restricted to only African-Americans, has specifically helped our African-American students to feel included and proud although they are a minority in our school and community. While we have an amalgam of supports for our English Language Learners and their families,this is one of our few programs that specifically targets and addresses the special needs of our African-American students and their families. It has also benefited all our students, as they now have a greater appreciation for the arts, culture and history of their fellow classmates. We look forward to expanding the breadth and depth of this program by adding funds that will expand the dance classes from one day per week to 2 days per week. 2015-133 If you have any questions regarding this program, please don't hesitate to contact me directly, (909) 881-8178. Sincerely, "W�l Mrs. Kolling, Principal 2015-133 3 H D v+' rt c CL m � 3 a. rh � H A 3 � rOr O O 7 v O o m 3 n x m S �G C' OrQ Ln = m O.fD O1 fD � O 3 3 rr UQ m H r1 Q O m m O H S v = tD 'a kA 3 vOi W O C —77T, _ Q. kA n z S O O O � O O � Q CA N 0 LA M 3 O F i S 3 � 3 � O S � cu h 't Q S O r �i � fD OJ O QQ ¢< m rF � Fr O rF 2015-133 ° a o.a co top 3W -•'°,ego mt� �' scos"� � j69"`�,, ��S''Cy' � � � bra's y o ?ao , '4o=m ts cl co >v CD s c 'o 'o*y mom :1420, cl n.to 3►" .►.�,�c g.tn sr-_m3-o N IA-tCD n p ca i ct y j ....g 0,W rn3 N .. a O Qa„ C! p �m m - � �to CL CD M,M rt N N -.W cm: c- 2015-133 Students at Hunt Elementary; Mrs. K Brown & Mrs. Wandalyn Lane Williams t Students at Hunt Elementary after performing for Superintendent, Dr. Marsden, with Master Artists, Jewel Jackson, M.Ed., Solo Soro and Principal Kolling on left z i 2015-133 Students--participating in "Stop the Violence" conversations with staff and artists-after a community incident - - -- r 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2(L5 , BY AND BETWEEN: 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"); AND, Jefferson Hunt Elementary School, a public elementary school, operating under the laws of the State of California, and having its locating at 1342 Pumalo Street, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Literary Arts and Dance Program at Jefferson Hunt Elementary School in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Kim Brown 300 N "D" Street, 6th Floor Jefferson Hunt Elementary School San Bernardino, CA 92518 1342 Pumalo Street San Bernardino, CA 92404 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 02 � , 2015 RECIPIENT: JEFFERSON HUNT ELEMENTARY SCHOOL By: Its: i' ric Dated �� , 2015 CITY OF SAN BERNARDINO By: Allen arker, City LManager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JEFFERSON HUNT ELEMENTARY SCHOOL FOR LITERARY ARTS AND DANCE PROGRAM Page 8 of 8 EXHIBIT "K" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July 12015 , BY AND BETWEEN: 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"); AND, CHORDS Enrichment Youth Program, a non-profit organization, operating under the laws of the State of California, and having its location at 3041 N. Sierra Way, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Music Program at CHORDS Enrichment Youth Program in San Bernardino ("Project")to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "l," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be .budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 3 of 8 2015--133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Edwin Johnson 300 N "D" Street, 6th Floor CHORDS Enrichment Youth Program San Bernardino, CA 92518 3041 N. Sierra Way San Bernardino, CA 92427 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: CHORDS ENRICHMENT YOUTH PROGRAM By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 8 of 8 ATTACHMENT 1 2015-133 4 O 3041 N. Sierra Way ,� w San Bernardino, California, 92405 909-658-9550 www.chordseyp.org Fill F7 Chords.enrichment@gmaii.com of San Bernardino Fine Arts Commission i Dear Art Commissioners, Please find our enclosed proposal for your Fine Arts Grant. Our plan is to provide the youth within the city of San Bernardino the opportunity to learn and cultivate their talents through music education and performing arts through our "Music Motivating Youth Project". With your help we will have the ability to reach more youth in an effort to minimize violence and to increase art based programs in our community and schools. We are confident that our "Music Motivating Youth Project"will be impactful based on previous workshops and testimonies. We believe that our city lack the proper resources and opportunity for the youth and we want to be able to offer them an opportunity to make a difference in their lives. We appreciate you for this opportunity. We value the work that you put into this community. If you have any questions or concerns, feel free to contact us. Thank you for your time and consideration. Sincerely, f Edwin Johnson Chords Director Cell: 9096589550 Email: chords.enrichment @gmail.com Creating,Hopeful,Opportunities, and Resiliency by Developing,Ski lt 2015-133 VISUAL AND PERFORMING ARTS---GRANT APPLICATION FORM City of San Bernardino—Fine Arts Commission CHORDS Enrichment Youth Program 3041 N. Sierra Way San Bernardino, CA 92405 Mission Statement: CHORDS Enrichment Youth Program is a community based organization that strategically assist youth with positive development through education,music, art and performing-arts. We cater to the needs of youth who are struggling academically and behaviorally by providing support in a structured environment. We focus on behavior modification, art, communication and academic support in an effort to minimize risky behavior and to increase youth academics. Telephone No. (909)658-9550 Cell: (909)562-7217 Fiscal Sponsor Inland Congregation United for Change 33-0480298 Website Address www.chordseyp.org Number of Years in Existence or in Teaching 2 years 8 months Contact Person: Edwin Johnson,Director (909)658-9550 Marsha Knight, Assistant Director (951)337-1477 Email: chords.enricbmet@gmail.com Program category under which support is requested: Music : Established producing organizations offering training, exposure, opportunities and/or creative resources for vocal and instrumental experiences Period of Support Requested: July 1, 2015 to December 10, 2015 Program Description/Need Statement Our Music Motivating Youth Program is designed to cultivate the talents of youth who have a desire to write, play,produce, and perform music and dance. CHORDS Enrichment Youth Program provides a healthy environment for youth between the ages of 11-18. These youth are taught various fundamentals of music instructed by skilled musicians, performing artist, producers and engineers. 2015-133 Music Motivating Youth teaches the youth the history of music as well as the importance of music from a therapeutic perspective. CHORDS staff will allow them to use their skills to record music and to perform for the community, peers and their families. CHORDS will only promote positive music of all different genres. CHORDS believe in creating a positive atmosphere where the youth are able to express themselves using critical thinking and writing skills through various elements of music theory. The youth involved in CHORDS music program learn hands-on how to operate music industry standard equipment under the instruction of CHORDS staff and volunteers. CHORDS Music program believes in the importance of education, so we strive to make sure that all of our youth participating in the program are receiving passing grades or currently enrolled and attending tutoring in an effort improve grades. CHORDS also provides tutoring and a behavior modification programs on campus for youth struggling behaviorally and academically. CHORDS recognizes the importance of music in the lives of the youth so we are proposing a collaboration with the city of San Bernardino on a project called"Music Motivating Youth" in an effort to insure that music continues to be effective in our schools, communities and in the lives of our youth. We are asking the city to provide us with funds to purchase a mobile studio unit for travel within the city for individuals that may not have the financial ability to make it to our site. We are also asking for funds to put on workshops in our surrounding communities that will allow parents and community members to participate in this project in an effort to establish peace and solidarity in our community . After each workshop series we plan on putting together a local concert at different high schools, middle schools and community center within the city of San Bernardino at no charge to the community. The performing arts piece increases self esteem and provides organizational skills to our youth. Estimated number of persons expected to benefit from this program. 75 middle school youth and 150 high school youth. 15 students per middle school and high school around the city of San Bernardino will have the opportunity to experience Music Motivating Youth at their school. Forty community members will have the opportunity to 2 of 4 of our workshops at community center of our choice. Number of persons paid by attendance: 0 Number of person admitted with no fee:All. This is a no cost project for the city. Number of classes and/or performances scheduled/length of display: We are going to put on 20 high school workshops, 10 middle school workshops and 4 community workshop centers. This will be a total of 17 workshops for this project. Each workshop will go from 1.5-3 hours depending on space and time availability . Total attending classes/performances/displays/exhibits There will be 225 youth for this project and 40 community members for our all ages workshop. Target Groups: Ages 11-99 Time frame: July 11th, 2015-September 12th, 2015, Community Tour Number of classes: 4 workshops, I community performance and/or talent show Audience and participants: 40 participants, 250 audience Target Groups: Ages 12-14 Middle School youth Time Frame: September 26th-October 31st, 2015-Middle School Tour 2015-133 Number of Classes: 10 workshops, 5 live performances. We will visit 2 middle schools a week, each school with have two session with the same group of kids. Audience and participants: 75 participants, 2000 audience Target Groups: Ages 15-18 High School youth Time Frame:November 21 st-January 29th, 2015-High School Tour Number of Classes: 20 workshops, 10 live performances, each High school will get two days of workshops throughout the week. We will visit 2 high schools a week, each school with have two session with the same group of kids. Audience and participants: 150 participants, 5000 audience, Benefits: • Youth will spend less time engaging in negative activities. • Most youth love music so this project will be used as an incentive for displaying positive behavior at school. • Youth will learn vocational skills through music hardware, software,music instruments that could possibly lead to an interest in college studies or as a career. • Program can be used a therapeutic tool for youth with mood disorders. • Youth will perform original material in front of peers and the community. • Youth will learn to read and play music. • Youth will be introduced to performing arts in an effort to increase self-esteem. • Selected youth will participate in choreographed dance moves for performing arts. Outcomes: • Youth will become more knowledgeable on the fundamentals, reading,playing, and recording music. • Youth will possibly become interested and continuing with music once program is completed. • Youth will participate in live performance in front of the community, school and family. • Youth will become more culturally competent to different cultures of music. • Youth will become more efficient in creative writing and critical thinking skills. • Youth will increase positive behaviors. • Youth will become interested in school activities and become more involved in school activities. • Youth will be able to identify possible interest in furthering their education on music fundamentals. • Upon completion of the program youth will be given certificate of completion by a professional local music artist and will get to see them perform and ask questions. • A few participating youth will have the opportunity to see a professional recording session with Grammy winning engineer and producers. Short term goals: • Increase youth's knowledge on music. 2015-133 • Decrease negative behaviors amongst the youth in the program. • Teach them hands on to work with music programs and instruments. • Increase daily activities by implementing performing arts and music fundamentals. • Cultivate the talents of the youth in the program. • Encourage youth to perform skills learned in an effort to cultivate their talents. • Program will encourage more youth to participate in school programs. Long term goals: • Teach youth how to read music and play music. Minimize mood disorders and get youth to express their frustration without fear. • Teach youth skills in CHORDS audio program that could possible spark an interest in college or as a career. • Decrease negative behaviors such as gang involvement at school amongst youth that have continued behavior issues and minimize mood disorders and get them to express their frustration without fear. • Increase social skills by increasing the self-esteem of the youth in CHORDS Program. • Increase critical thinking skills though music study, lyric and poetry writing. • Participating youth will record a CD and a video while in the program. • Selected youth will enjoy a field trip to the San Bernardino Art Institute and visit their audio program. • All youth in the program will perform at the end of the year concert put on by Chords where families and community members will be invited. • Youth will become culturally sensitive to other ethnicities. Other outcomes from this project will include a 15 track music project dedicated to the city of San Bernardino that will consist of original material from some of the participating youth that promotes peace and solidarity within our community . The art work will be original for the CD cover. We will have a contest for one of the youth to create it. CHORDS will create a mini documentary of the process form beginning to end. Total anticipated expenses for this period/program: Salary/Wages : • Each volunteer that conducts a workshop will receive a$100 stipend,there will be 34 workshops total. Most of the workshops will be done by CHORDS staff and interns. $3,400 will cover these wages. • Program Coordinator :1,500 • Administrative assistant 1,000 Supplies&Materials: • Two mobile studio kits at $1,015 each, $2,030 total: Apple Complete Recording Studio with Mac Mini v.4 • PA system for live performances: Allen & Heath ZED l OFX/KPC 15P Mains& Monitors Package, $920 • Prizes, miscellaneous items for the duration of the project: $1,000 • Marketing, flyers,Printing: $1,000 2015-133 Travel: 37 total workshops, $10 dollars round trip=$370. We will provide each facilitator with a ten dollar gas stipend for travel. TOTAL EXPENSES$11,520 Total anticipated income for this period. Income from admission: Free Admission for all events Revenue: $0 Grants: $1,000 from Best Buy TOTAL INCOME: $1000 Amount requested from the SB Fine Arts Commission: Total Expenses(Section IX) $11520 Total Income(Section X) $1868 AMOUNT REQUESTED $9652 Total % of budget 9% Future Objectives: CHORDS Enrichment Youth program has continued to provide intensive arts based programs in the city of San Bernardino for youth at no charge. Our future objectives is to continue to expand. We currently have another site opening in the Highland area in collaboration with ATAP programs. This site is scheduled to open at the end of the year. It is for youth in that particular area of San Bernardino who don't have transportation to our main site on Sierra Way. CHORDS have a long time goal to collaborate with the city and school on a permanent basis. We are looking to possibly become a contracted program with the San Bernardino county school district and other agencies as a way to generate income for the program. CHORDS is constantly look for ways to fundraise in an effort to continue to make sure that our program can remain free to the community. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) CHORDS EnrichmentYouth Program CEO: Edwin Johnson was born in Los Angeles, CA.At a young age,he and his siblings lived in and out of shelters and motels in Los Angeles and San Bernardino for an extended period of time because his mother was on the run from Edwin's father,who was extremely abusive towards her, Edwin and his siblings. Being that his father was blood affiliated, he would force Edwin to dress up in all red and fight rival gangs at the age of nine. On Edwin's tenth birthday, his father forced him and his brother Ricky to get a tattoo of each of their mother's name. Edwin's mother was deeply affected by this and continued to date men who were abusive and/or on drugs. Edwin and his family continued to struggle during his middle school and high school years. At age 12, he decided to get a job selling candy to help his mother with some of the bills and buy food for his younger siblings. More than often that money was taken by his mother and was used for other things. 2015-133 While living in San Bernardino at age 14, Edwin's mother forced him and his siblings to volunteer at an afterschool program daily because Edwin started to affiliate with the local gang and most importantly, she wanted them to be able eat every day because the food was scarce at home. One tragic night at age 16, Edwin heard arguing between his mother and her boyfriend. The argument later turned violent. At this point,Edwin was fed up with the abuse his mother endured from terrible men and decided to intervene.After the commotion was over,Edwin's mother was upset at him because he had gotten involved in her situation with her boyfriend and wanted Edwin to apologize to him or get out her house. Edwin refused to apologize and was kicked out her house. He had to live with friends and often slept on steps of an abandoned building downtown San Bernardino across from the Feldheym Library. He was homeless for a few months and later dropped out of high school and continued to eat at the after school program where he became a stipend employee. At age 19, Edwin became the Communication Director in the same afterschool program he had been involved in since he was 14 years old. As the Communication Director,he designed the after school program's news paper called Reality Check as well as a few books that was put out by the after school program. That same year, Edwin received his G.E.D and stayed at the church for two more years before he moved on at age 21. Edwin started to work in different fields while going to school at the University of Phoenix. He worked as a counselor at Norco State Prisons(CRC) and for Riverside Parole. Edwin worked in level 14 locked down facilities and youth crises facilities. He did not find anything good about any of these jobs that mainly consist of locking people up. He believed that if these people had the right individuals in their lives,they would see life differently and behave. He believes that if you invest time in the youth,they could grow up to be world changers instead of inmates. In the summer of 2012, Edwin was in an accident that left him out of work for a few months. During his time off, he felt that God had an assignment for him to start a music program in San Bernardino. He then started to write up the proposal about this program and ran it by the director of the afterschool program he once served to see what he thought about it. His long time mentor/father figure Rev. David Kalke loved the vision and encouraged Edwin to start this program which he later developed the name CHORDS Enrichment Youth Program. With no money and no budget to start this program, Edwin prayed and asked God for strength, direction and his blessing. With the grace of God and strong faith,Edwin was able to make it to where he is now. In conclusion, Edwin Johnson is passionate about helping the youth because of what he has been through. He knows what it's like to come from a broken family and be poverty stricken with no way out. Many of the youth we deal with feel like nothing is positive because they are not exposed to anything positive nor educated on other options that'll help better them. Many of our youth come from families who are economically deprived and cannot afford these after school programs. For this reason, Edwin designed CHORDS Enrichment Youth Program so families can participate and NEVER be turned away due to not being able to pay. CHORDS deal with youth of all walks of life and believe in embracing their negative behaviors instead of turning them away. We believe in mentoring,NOT punishing. Who We Are CHORDS Enrichment Youth Program is a nurturing environment where youth of low 2015-133 income families are encouraged to learn how to grow and become their very best for free. We proudly serve the city of San Bernardino with educational programs, behavioral health services, performing arts,technology based entrepreneurial training, career and college preparation and a communication program for youth at-risk youth and special programs for young adults. Program Statement CHORDS Enrichment Youth Program goal is to empower youth and their families to become full,productive participants in society through education, cultural enrichment, and social services. We help our youth develop a positive self-image and keen awareness of cultural heritage. We assist them in gaining the skills and confidence necessary for long term success in education, career training, and positive family and community life. We believe in the shared responsibility of CHORDS and the broader community to advance the quality of life and future options of its youth and young adults. CHORDS also provide services and training to other nonprofit organizations in the city of San Bernardino. CHORDS has collaborated on performing arts with the following organizations,these collaborations include our Music Motivating Youth Program and other projects: Young Visionaries Youth Leaderships Academy Valley Star Community Services The Teen Center in Fontana San Bernardino High school De Vallejo Middle School ASA Learning Center Inland Empire Art Institute Q104.7fm San Bernardino Department of Behavioral Health San Bernardino Children and Family Service San Bernardino ILP Program San Bernardino Unified School District IEHP Diocese of San Bernardino Music for Hope 2015-133 CERTIFICATION: Project Officer: Title Telephone No: Date 2015-133 Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: March 11, 2003 Person to Contact: Mrs. Coghill 31-07426 Customer Service Representative inland Congregation United for Change Sponsoring Toll Free Telephone Number: Committee, Inc. 8:00 a.m.to 6:30 p.m.EST 1441 N D Street Suite 214 877-829-5500 San Bernrdno, CA 92405-4738 Fax Number: 513-263-3756 Federal Identification Number: 33-0480298 Dear Sir or Madam: This is in response to your telephone request of March 11, 2003 regarding your organization's tax exempt status. Our records indicate that a determination letter issued in December 1991 granted your organization exemption from federal income tax under section 501(c)(3)of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted,we classified your organization as one that is not a private foundation within the meaning of section 509(a)of the Code because it is an organization described in sections 509(a)(1)and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of$20 a day, up to a maximum of$10,000,when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations(unless specifically excluded)are liable for taxes under the Federal Insurance Contributions Act(social security taxes)on remuneration of$100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. 2015-133 -2- Inland Congregation United for Change Sponsoring Committee, Inc. 33-0480298 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. You are also required to make available for public inspection a copy of your organization's exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of$20 a day for each day you do not make these documents available for public inspection (up to a maximum of$10,000 in the case of an annual return). Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely, John E. Ricketts, Director, TE/GE Customer Account Services 2015-133 FINANCIAL INFORMATION 2015-133 Smith Marion&Company,LLP•Certified Public Accountants Grand Terrace Office•22365 Barton Road,Suite 108•Grand Terrace,CA 92313• (909)825-6600 To the Board of Directors Inland Congregations United for Change San Bernardino,CA INDEPENDENT AUDITORS' REPORT Report on the Financial Statements We have audited the accompanying financial statements of Inland Congregations United for Change,which comprise the statements of financial position as of June 30,2014 and 2013,and the related statements of activities,cash flows,and functional expenses for the years then ended,and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits.We conducted our audits in accordance with auditing standards generally accepted in the United States of America.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.The procedures selected depend on the auditor's judgment,including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error.In making those risk assessments,the considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control.Accordingly,we express no such opinion.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management,as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion,the financial statements referred to above present fairly,in all material respects,the financial position of Inland Congregations United for Change as of June 30,2014 and 2013,and the changes in its net assets and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. e March 27,2015 Grand Terrace,CA www.SMCoCPA.com Brentwood,TN • Grand Terrace,CA • Lake Arrowhead,CA • Murrieta,CA • Redlands,CA 2015-133 INLAND CONGREGATIONS UNITED FOR CHANGE STATEMENTS OF FINANCIAL POSITION JUNE 30,2014 AND JUNE 30,2013 June 30, 2014 2013 ASSETS Current Assets: $ 229,672 $ 295,669 Cash and cash equivalents 38,750 - Pledges receivable 2,453 1,933 Prepaids 270,875 297,602 Total Current Assets 2,605 2,605 Fixed assets(Net of accumulated depreciation) 98,292 88,271 Investments 100,897 90,876 Total Noncurrent Assets $ 371,772 $ 388,478 Total Assets LIABILITIES AND NET ASSETS Current Liabilities $ 2,924 $ 1,872 Accounts payable and accrued expenses - - Accrued pension liability 5,245 4,151 Vacation payable 4,743 11,076 Other liabilities 80,000 118,026 Deferred revenue 92,912 135,125 Total Current Liabilities Net Assets 180,568 165,082 Unrestricted 29,767 19,746 Temporarily restricted 68,525 68,525 Permanently restricted 278,860 253,353 Total Net Assets Total Liabilities and Net Assets $ $ 388,478 371,772 2 See notes to financial statements 2015-133 00 -• 01 eh M Q1 d' 'n O 00 kn Q\ O M M h M h h �00 \O Q\ M N h Vl oo M �.. 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M M ^ 'n 000 N M M Q O kn oo \p h oo oo f/9 z o z oo Z E � ? 2015-133 INLAND CONGREGATIONS UNITED FOR CHANGE STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30,2014 AND JANE 30,2013 June 30, 2014 2013 NET CASH FLOWS FROM OPERATING ACTIVITIES $ 25,507 $ (6,410) Change in Net Assets Adjustments to reconcile change in net assets to net cash provided by operations: Noncash items: (8,967) (2,549) Unrealized(gain)/loss on investments (Increase)decrease in cash due to: (38,750) - Accounts Receivable (520) (418) Prepaids Increase(decrease)in cash due to: 1,052 (1,817) Accounts payable _ (697) Pension liability 1,094 (1,079) Vacation payable (6,333) 8,199 Other payable (38,026) (293,783) Deferred Revenue '(298,554) CASH PROVIDED BY OPERATING ACTIVITIES NET CASH FLOW FROM INVESTING ACTIVITIES 2,225 1,085 Proceeds from the sale of investments (3,279) Reinvested interest and dividends (1,054) (2,404) CASH USED BY INVESTING ACTIVITIES NET CASH FLOW FROM FINANCING ACTIVITIES CASH USED BY FINANCING ACTIVITIES (65,997) (300,958) Net Increase in Cash Beginning cash and cash equivalents 295,669 596,627 $ $ 295,669 Ending Cash and Cash Equivalents 229,672 Supplemental data: $ 1,013 $ 876 Interest paid 4 See notes to financial statements 2015-133 .-. 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G N M M M 'n un W E cv M v z zM Uo Q Sa zW o o M avQ c w Qn V w W O v yC •Q °' o y v � � d W to E O O .a cad C �" O ti .^ o,.O y w W O „ Ei dz,,,' F H�„ E O u r�n" •ic a o>,'Y + Ei 0 'od n ,° =o U o VIc w -VI o n 0u a �;rat�' caco c asfa.i 0 wrmar� a U •U_� a c O F a a> U Q w 0 0 a aj v 2015-133 INLAND CONGREGATIONS UNITED FOR CHANGE NOTES TO FINANCIAL STATEMENTS FOR THE YEARS ENDED JUNE 30,2014 AND 2013 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Organization Inland Congregations United for Change,(ICUC)was organized to help transform and revitalize Inland Empire communities by empowering people of faith to work in the civic arena for the common good. Basis of Accounting The books of the Organization are maintained on the accrual basis of accounting whereby revenues are recorded when earned and expenditures are recorded when the liability is incurred. Basis of Presentation The Organization reports information regarding its financial position and activities according to three classes of net assets:unrestricted net assets,temporarily restricted net assets,and permanently restricted net assets. Income Taxes The Organization is classified as an organization exempt from income tax as described in Internal Revenue Code 501(c)(3)and California Revenue and Taxation Code 23701d. The Organization is classified as other than a "private foundation"by the IRS. In accordance with accounting standards,which provides accounting and disclosure guidance about uncertain tax positions taken by an organization,management believes that all ofthe positions taken by the Organization in its federal and state income tax returns are more likely than not to be sustained upon examination. The Organization files returns in the U.S.Federal jurisdiction and the State of California.The Organization's federal income tax returns for the prior three tax years remain subject to examination by the Internal Revenue Service. The Organization's California income tax returns for the prior four years remain subject to examination by the Franchise Tax Board. Sources of Revenue Revenues are received primarily from foundation grant revenue(95%). Contributions Contributions received are recorded as unrestricted,temporarily restricted,or permanently restricted support depending on the existence and/or nature of any donor restrictions. All donor-restricted contributions are reported as increases in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction or purpose restriction is accomplished),temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Fixed Assets Equipment with a cost of$500 or greater is capitalized and recorded as additions to fixed assets. Donated property is recorded at the estimated fair value at the date of the gift. Equipment is depreciated using the straight-line method over and estimated useful life of five years. Maintenance and repair costs are charged to expense as incurred. Donated Materials and Services Contributions of donated non-cash assets are recorded as contributions at the estimated fair values in the period received. Contributions of donated services that create or enhance non financial assets or that require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation,are recorded at the fair values in the period received. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly,actual results could differ from those estimates. 7 2015-133 NOTES TO THE FINANCIAL STATEMENTS(Continued) Cash For purposes of the statements of cash flows,the Organization considers all cash and highly liquid investments available for current use with an initial maturity of three months or less to be cash. Investments Investments are stated at fair value. All gains and losses and investment income are recorded in the statement of activities according to the nature of donor restrictions. Pledges Receivable The Organization does not estimate any portion of the pledges receivable are uncollectible and therefore no allowance for doubtful accounts is utilized. Concentration of Risk The Organization maintains its cash balance at Provident Bank. Their accounts at each institution are insured by the Federal Deposit Insurance Corporation(FDIC). The FDIC will insure all funds in non-interest transaction accounts and interest bearing accounts for at least$250,000. At various times during the year,the amount on deposit with a single financial institution may exceed federal depository insurance limits.At June 30,2014 the Organization had $45,669 in excess of such limits. Management does not believe that this represents a significant risk to the Organization. Fair Value Measurements Generally accepted accounting principles(GAAP)provide guidance on how fair value should be determined when financial elements are required to be measured at fair value. Valuation techniques are ranked in three level depending on the degree of objectivity of the inputs used with each level: • Level 1: Observable prices in active markets for identical assets or liabilities. • Level 2: Observable inputs other than Level 1 prices such as quoted prices for similar assets or liabilities;quoted prices in markers that are not active;or other inputs that are observable or can be corroborated by observable market data for substantially the full-term of the assets and liabilities. • Level 3: Unobservable inputs that are supported by little or no market activity and that are significant to the fair value of the assets or liabilities. The technique used to measure the fair value of investments is described in Note 3. Functional Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the combining statement of activities. Accordingly,certain costs have been allocated among the programs and supporting services based on direct salaries. 2. FIXED ASSETS The following is a summary of fixed assets: June 30, June 30, 2014 2013 Equipment $ 20,172 $ 20,172 Total Fixed Assets 20,172 20,172 Less Accumulated Depreciation (17,567) (17,567) Net Book Value $ 2,605 $ 2,605 Depreciation expense for the year amounted to: $ - $ 8 2015-133 NOTES TO THE FINANCIAL STATEMENTS(Continued) 3. LEASES In July of 2011 the Organization has entered into a lease with Xerox for the copy machine located in the Main Office located in San Bernardino.The terms of the lease are as follows: Term 60 months Monthly principal and interest payments $196 Future Minimum Lease Payments: 2015 $ 2,352 2016 2,352 $ 4,704 4. INVESTMENTS Investments at June 30,2014 and 2013 are as follows: June 30,2014 Cost Fair Value Bond Funds $ 37,230 $ 37,761 Equity funds 47,668 56,105 Money market funds 4,426 4,426 Total $ 89,324 $ 98,292 Investment Return: Dividend income $ 3,279 Unrealized gain/(loss) 8,967 Realized gain/(loss) (1,074) Fees (1,151) Total $ 10,021 June 30,2013 Cost Fair Value Bond Funds $ 31,095 $ 40,875 Equity funds 29,048 38,184 Money market funds 9,212 9,212 Total $ 69,355 $ 88,271 Investment Return: Dividend income $ 3,489 Unrealized gain/(loss) 2,549 Realized gain/(loss) 811 Fees (1,085) Total $ 5,764 5. DEFERRED INCOME The Organization received funds from grantors that it did not spend in the current year and is obligated to spend at a future date. The amount of deferred revenue at June 30,2014 and June 30,2013 is$80,000 and$118,026, respectively. 9 2015-133 NOTES TO THE FINANCIAL STATEMENTS(Continued) 6. NET ASSETS The Agency's endowment consists of a fund to be used exclusively for underwriting the annual"Friends for a Change"luncheon/dinner. As required by GAAP,net assets associated with endowment funds,including funds designated by the Board of Trustees to function as endowments, are classified and reported based on the existence or absence of donor-imposed restrictions. Interpretation of Relevant Law The Board of Trustees of the Agency has interpreted the State Prudent Management of Institutional Funds Act (SPMIFA)as requiring the preservation of the fair value of the original gift as of the gift date of the donor restricted endowment funds absent explicit donor stipulations to the contrary.As a result of this interpretation, the Agency classifies as permanently restricted net assets(a)the original value of gifts donated to the permanent endowment,(b)the original value of subsequent gifts to the permanent endowment,and(c)accumulations to the permanent endowment made in accordance with the direction of the applicable donor gift instrument at the time the accumulation is added to the fund.The remaining portion of the donor-restricted endowment fund that is not classified in permanently restricted net assets is classified as temporarily restricted net assets until those amounts are appropriated for expenditure by the Agency in a manner consistent with the standard of prudence prescribed by SPMIFA. Description of Investment and Appropriation Policy In accordance with SPMIFA,the Agency considers the following factors in making a determination to appropriate or accumulate donor-restricted endowment funds: (1)The duration and preservation of the fund (2)The purposes of the Agency and the donor-restricted endowment fund (3)General economic conditions (4)The possible effect of inflation and deflation (5)The expected total return from income and the appreciation of investments (6)Other resources of the Agency (7)The investment policies of the Agency Composition of Endowment Fund Endowment net asset composition by type of fund as of year end is as follows: Temporarily Permanently June 30,2014 Restricted Restricted Total Bart Singletary"Friends for a Change"Endowment $ 29,767 $ 68,525 $ 98,292 Temporarily Permanently June 30,2013 Restricted Restricted Total Bart Singletary"Friends for a Change"Endowment $ 19,746 $ 68,525 $ 88,271 10 2015-133 NOTES TO THE FINANCIAL STATEMENTS(Continued) Changes in Endowment Net Assets The changes in endowment net assets for the year ended June 30,2014 are as follows: Temporarily Permanently June 30,2014 Restricted Restricted Total Bart Singletary"Friends for a Change"Endowment Beginning Balance $ 19,746 $ 68,525 $ 88,271 Contributions - Investment return 10,021 - 10,021 Appropriation of endowment assets - - Ending Balance $ 29,767 $ 68,525 $ 98,292 Temporarily Permanently June 30,2013 Restricted Restricted Total Bart Singletary"Friends for a Change"Endowment 13,982 $ 68,525 $ 82,507 Beginning Balance $ Contributions Investment return 5,764 - 5,764 Appropriation of endowment assets - - Ending Balance $ 19,746 $ 68,525 $ 88,271 Planned Appropriation for Expenditure The Bart Singletary endowment permits 6%of the earnings each year to be used exclusively for underwriting the annual"Friends for a Change"luncheon/dinner. Unused funds shall remain invested and are to be added to the restricted balance. From time to time,the fair value of assets associated with individual donor restricted endowment funds may fall below the level that the donor or SPMIFA requires the Agency to retain as a fund of perpetual duration. In accordance with GAAP,deficiencies of this nature are reported in unrestricted net assets,when applicable.There were no such deficiencies as of June 30,2014. The Agency has adopted investment and spending policies for endowment assets that attempt to provide a predictable stream of funding to programs supported by its endowment while seeking to maintain the purchasing power of the endowment assets. 7. EMPLOYEE RETIREMENT PLAN The Organization maintains a defined contribution retirement plan conforming to the provisions of Section 401(k)of the Internal Revenue Code for its salaried employees. Such employees become eligible to participate in the Plan after reaching age 21 and accumulating 1,000 hours of service during the year. The Organization matches employee contributions to a maximum of five percent of each employee's eligible compensation, as defined in the plan,and may also make discretionary contributions. Employee contributions are fully vested at all times. Employer matching and discretionary contributions vest ratably over a five year period. If an employee terminates employment prior to age 65,the distribution from employer matching and discretionary accounts is limited to the vested portion based upon years of eligible service. The amount of employer retirement expense amounted to$4,461. 11 2015-133 NOTES TO THE FINANCIAL STATEMENTS(Continued) 8. CREDIT CARD The Agency maintains a credit card at Chase Bank with an available balance of$15,600. At year end, the balance to be paid on the credit card amounted to$4,743. 9. CONTINGENCIES Grant activities are subject to monitoring and review by the respective grantor. As a result of such review, costs may be questioned and subsequently disallowed. Management has not been notified of any such disallowance. 10. SUBSEQUENT EVENTS Management has evaluated subsequent events through March 27, 2015, the date on which the financial statements were available to be issued and concluded that no subsequent events have occurred that would require recognition in the financial statements or disclosure in the notes to the financial statements. 12 2015-133 INLAND CONGREGATIONS UNITED FOR CHANGE (A California not-for-profit organization) DOORS TO OUR FUTURE... ICUC FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS' REPORT FOR THE YEARS ENDED JUNE 30 2014 AND 2013 swo Smith Marion & Company, L L P 2015-133 INLAND CONGREGATIONS UNITED FOR CHANGE FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS'REPORT FOR THE YEARS ENDED JUNE 30,2014 AND 2013 TABLE OF CONTENTS Page FINANCIAL INFORMATION Independent Auditors' Report 1 Statements of Financial Position 2 Statements of Activities 3 Statements of Cash Flows 4 Statement of Functional Expenses 5-6 Notes to Financial Statements 7-12 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015 , BY AND BETWEEN: 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"); AND, CHORDS Enrichment Youth Program, a non-profit organization, operating under the laws of the State of California, and having its location at 3041 N. Sierra Way, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Music Program at CHORDS Enrichment Youth Program in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "l," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"l." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been carried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Edwin Johnson 300 N "D" Street, 6th Floor CHORDS Enrichment Youth Program San Bernardino, CA 92518 3041 N. Sierra Way San Bernardino, CA 92427 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 7 of 8 LU1�-13.5 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: —A psi 1 S , 2015 RECIPIENT: CHORDS ENRICHMENT YOUTH PROGRAM By��rec�Ah �ll,��S Its: Agz;Q+,n T Dated ' 2015 CITY OF SAN BERNARDINO By: n Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHORDS ENRICHMENT YOUTH PROGRAM FOR MUSIC PROGRAM Page 8 of 8 EXHIBIT "L " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6 th day of July , 2015, BY AND BETWEEN: 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"); AND, San Bernardino Symphony Orchestra, a non-profit organization, operating under the laws of the State of California, and having its location at 198 N. Arrowhead Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Concert Program with the San Bernardino Symphony Orchestra("Project")to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment "1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of TWENTY- FIVE THOUSAND DOLLARS ($25,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Dr. Anne L. Viricel 300 N "D" Street, 6t" Floor San Bernardino Symphony Orchestra San Bernardino, CA 92518 198 N. Arrowhead Avenue San Bernardino, CA 92408 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: SAN BERNARDINO SYMPHONY ORCHESTRA By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B y•7 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 8 of 8 ATTACHMENT 1 2015-133 SAN BERNARC INO SYMPHONY ORCHESTRA FRANK FETTA May 8, 2015 Music Director/Conductor DR.JUDITH VALLES President, Board of Directors City of San Bernardino Fine Arts Commission BOARD OF DIRECTORS Office of the City Clerk Grace Baldwin City of San Bernardino 300 N. "D"Street,2nd Floor Jan Bell Erin Brinker San Bernardino, CA 92418 Donna Call Donna Cooley Re: Fine Arts Grant for 2015-16 Dr. Ben Eby Dr.Carolyn Eggleston Dear Members of the Fine Arts Commission, Earleen Ferguson-Dudley Judi Fettel The San Bernardino Symphony Orchestra sincerely appreciates the opportunity to Dr.Jay Fiene submit this grant application related to your call for Fine Arts Grants for 2015-16. Dr. Dorothy Garcia As a 501(c)3 non-profit organization (Tax ID Number 95-6153923), we have noted a Lloyd Garrison growing shortage of arts-related grants,so we truly a pp reciate the City's su pp ort of Gigi Hanna Marilyn Karnig and commitment to local arts. Our mission is in line with that of the Fine Arts Dr. Robert Knop Affirmation and,we believe,the spirit of this granting effort.Specifically,we strive "to Hon.Cynthia Ludvigsen foster a love of music, excite the spirit, and enrich our diverse community and region Gloria Macias-Harrison through live orchestral performances and music education." We endeavor to fulfill this Wendy Marzullo mission as thoroughly and effectively as possible with each and every performance and Dr.Audrey Mathews educational program we provide. Millie McKim Dean McVay, Esq. Our Board Members—more than 50%of whom are City residents-demonstrate their Judi Nowlin support of this mission as they work in concert with staff and the residential and Judy Rodriguez-Watson business community to enhance the visibility of the arts... an integral thread in the Mary Schnepp colorful fabric that is San Bernardino. In our proposal,you will read how we plan to Richard Simon, Esq. utilize 100%San Bernardino-based business support in the preparation and Phillip Waller,CPA distribution of programmatic materials, as well as how we will partner with local Jim Walling business to cross market thus strengthening our City's local economic base. Lisa Weldy We have reviewed your materials in detail and believe we have addressed all required aspects of the grant application in the attached; however, should you have any questions,we would welcome the opportunity to address them.Again,our sincere Dr.Anne ector thanks for this wonderful opportunity. Executive Director Respectfully, Dr.A iricel Executive Director 198 N.Arrowhead Ave. San Bernardino Symphony Orchestra San Bernardino,CA 92408 www.sanbernardinosymphony.org T 909/381-5388 F 909/889-7954 VQWAL HIVU rMrUKIVIIINU HK I J—l7KA14 I All rLII,A 1 ILM rUKIVI 2015-133 City of San Bernardino— Fine Arts Commission I. Applicant/Organization(Name, Address, Etc.) San Bernardino Symphony Orchestra 198 N. Arrowhead Avenue San Bernardino, CA 92408 Telephone No. : (909) 381-5388 Non-Profit I.D. No. : 95-6153923 Website Address: www.sanbernardinosymphony.org No. of Years in Existence: 87 II. Contact Person: Dr. Anne L. Viricel Title: Executive Director Telephone No.: (909) 381-5388 Cell No.: (951) 285-6015 E-Mail Address: alviricel @sanbernardinosymphony.org III. Program Category Under which Support if Requested: Music, as defined by established producing organizations offering training, exposure, opportunities and/or created resources for vocal and instrumental experiences. IV. Period of Support Requested: From July 1, 2015 Through June 30, 2016 Starting Ending V. Program Description/Need Statement: The San Bernardino Symphony maintains a strong commitment to serving our community where over a quarter of households have incomes below the poverty level and over 94% of students qualify for free/reduced-cost school lunches. In the midst of this richly diverse, yet underserved community, the Symphony serves as a vitalizing force, presenting excellence in orchestral music programming and advancing music education through outreach programs in the San Bernardino City USD. Our five-concert subscription concert series takes place at the historic California Theatre of the Performing Arts in downtown San Bernardino, bringing artistic vitality through exceptional live orchestral performances of both traditional and non-traditional orchestral music. Herein our goal is to play the music audiences want to hear, and we take pride in the fact that much of the content of each 2015-133 concert is set through audience requests. Further, we maintain highly affordable ticket prices (student tickets are just $10; other tickets$20-$55) and work with local businesses to obtain scholarships to ensure no economic barriers exist for those who wish to attend. We believe our concert performances play a significant role in meeting the needs of the community, contributing toward a more vibrant arts environment and stronger local economy, and facilitating musical engagement for the residents of San Bernardino. The City of San Bernardino Fine Arts Commission has identified two programmatic requirements: education and business partnership. We address each below. Education. Each Symphony concert includes at least one educational component. A pre-concert lecture is provided before most performances to prepare audience members of all ages to more fully appreciate the historical significance and musical nuance of the music. On those occasions where there is no lecture, there is a replacement event with a different educational focus, such as the Student Art Exhibit offered April 11, 2015 which included student interpretive art pieces based upon Mendelssohn's Scottish Symphony which was played that same evening. In addition, a children's concert program —inclusive of information about the composers and the music, and with orchestra-centric puzzles and games - is provided for our youngest audience members at each subscription concert and full learning platforms are created for the schools participating in our annual free student concerts. For those students attending as part of one of our on-going business scholarship initiative, we meet with the participating schools to provide a pre-concert workshop, answer questions, etc. We recognize that people who have not attended the Symphony may have questions about the experience and wish to arrive prepared; we also realize that those who are prepared have a more enriching overall concert experience. Business Partnership. The San Bernardino Symphony maintains an office in San Bernardino (Audrey Patrick Building, 198 N. Arrowhead Avenue) and performs in San Bernardino (California Theatre, 562 4th Street). All of the Symphony's considerable marketing and printing needs are handled by Sunwest Printing and the majority of our print advertising is with local news outlets. We also maintain a symbiotic business relationship with The Tire Guys whereby customers are incentivized to purchase tires with an offer of two free Symphony tickets. The Tire Guys also assists with the collection of non-perishable food on behalf of the Symphony as part of the Orchestras Feeding America program, and they collect toys on behalf of the Symphony for distribution to children in need. In addition, the Symphony maintains a partnership with Amazon whereby concert tickets are provided for students and parents in the San Bernardino City USD. In order to meet the objectives of our community-centric mission,the Symphony requires support. Less than 20% of our operating budget is covered through revenue from ticket sales and contracted concerts; therefore, it is imperative to seek funds from additional sources to continue to meet the needs of our community. The City of San Bernardino Fine Arts grant would play a critical role in meeting these needs. In determining the highest and best use of potential funding, we considered ways in which the City of San Bernardino Fine Arts Commission and our other community partners in this project might be most visibly promoted to our audience members who are already supporters of the arts. We also considered areas in which donation funding had been sorely needed, yet highly difficult to obtain. This led us to the conclusion that a request toward production costs—specifically fees related to the rental of the City's own California Theatre of the Performing Arts—would allow the stated grant components to be met while serving the greatest number of individuals. The California Theatre is a jewel in our community. As a National Registry of Historic Places site, it attracts visitors from throughout the country; but further, its art, architecture, and the history of acts and actors who have graced its iconic stage stand as a symbol of what is unique and special about out City. Where better for the San Bernardino Symphony to perform? 2015-133 Rent of the California Theatre, however, is costly and difficult to manage given the preponderance of other production costs the Symphony must bear to maintain our full season and provide the two free student concerts. The annual venue fee is $25,000, payable at the rate of$5,000 per concert prior to each performance. Sponsorship of this venue would help ensure future local programming and provide the opportunity for our target population of children and their parents—as well as many others from the region -to continue to enjoy the arts in a venue they can be proud of close to home. The full suite of concerts to be performed at the California Theatre in 2015-16 are as follows: October 3,2015-"Mosaico Latino" Guest Artists: Violinist Will Hagen, Tenor Gustavo Hernandez Special Performance by the Mariachi Youth Academy "Mosaico Suite" Oliva "Danza Brasiliera" Guarnieri "Huapango" Moncayo-Garcia "Suite de Lara" Ceballos "Symphonie Espagnol" Lalo December 12,2015—"Home for the Holidays" "Christmas Eve Polonaise" Rimsky-Korsakov "Selections from The Nutcracker"Tchaikovsky "White Christmas" Berlin "Carol of the Bells" Leontovych "Hanukkah Habanera" Arr. by McCarrick "Home Alone Holiday Songs" Williams "Do You Hear What I Hear?" Regney and Baker February 5(student concerts)and 6,2016—"Echoes of America" "Variations on America" Ives "Grand Canyon Suite" ('On The Trail' and 'Cloudburst' movements) Grofe' "Victory at Sea Medley" Rodgers and Bennett "American Salute" Gould "The American Scene ('The West' movement)" Still "Stars and Stripes Forever," "Liberty Bell," and "Semper Fidelis" Sousa March 26,2016-"Masterwork Melange" Guest Artist:Pianist Rufus Choi "Hansel and Gretel Overture" Humperdink "Symphony No. 3" Shostakovich "Piano Concerto No. 2" Rachmaninoff March 28,2016-"Finale Bravura" Guest Artist: Cellist Ruslan Biryukov "Magic Flute Overture" Mozart "Rococo Variations"Tchaikovsky "Hungarian Rhapsody" Popper "Symphony No. 8" Dvorak Vi. Estimated number of persons expected to benefit from this program (a) Number of persons paid by attendance: 1,300 x 5 concerts = 6,500 persons (b) Number of persons admitted by no fee: (300 x 5 concerts) + (1,700 x 2 concerts) =4,900 persons (c) Number of classes and/or performances scheduled/length of display: 7 concerts (d) Total attending classes/performances/displays/exhibits 11,700 persons 2015-133 VII. ' Intended Results: Target Group(s) Children, ages 5 - 12 Middle/HS Students Families Time Frame 7/1/15-6/30/16 7/1/15-6/30/16 7/1/15-6/30/16 Number of 7 performances 7 performances 5 performances performances/classes/exhibits Anticipated maximum 5,700 5,700 6,000 audience, participants, etc. VIII. Total anticipated expenses for this period/program: Salary/Wages $ 124,846 Supplies & Materials $ 25,000 (PR materials, office supplies) Travel $ 0 Fixed Assets/Rentals or Leases $ 37,000 (Office and Concert Venue Rental) Outstanding Loan Payments $ 0 Fees and Other $ 530,154 (Production Costs) TOTAL EXPENSES $ 717,000 IX. Total anticipated income for this period: Income from admission $ 95,000 (Season and single ticket sales) Revenue $ 117,000 (Guthrie Library rentals, ensemble and contracted orchestra performances) Grants $ 200,000 Contributions $ 250,000 (Individual and corporate donations) Funds from Support Groups $ 0 Other $ 55,000 (Investment return) TOTAL INCOME $ 717,000 X. Amount Requested from the SB Fine Arts Commission: (a) Total expenses (Section IX) $ 717,000 (b) Total Income (Section X) $ 717,000 (c) AMOUNT REQUESTED (a-b) $ 25,000 (d) Total % of budget (must not exceed 40%) 3 XI. Future Objectives Through partnerships with local businesses, the San Bernardino City Unified School District and the City of San Bernardino, we are building a strong framework of positive support which, if continued, will help to return our community to its former status of a significant regional economic contributor. We know our work with the schools is resulting in young people who are more culturally literate and better prepared to take on the careers of tomorrow. We also know that our partnership with local business is 2015-133 resulting in the largest number of audience members we have seen in many years. Our future objectives, therefore, are to continue building partnerships and providing music enrichment in the schools with an eye to efficiency and growth in both initiatives, and through relevant programming and positive representation of our community, to significantly grow the Symphony to a place where more concerts can be performed for greater and greater numbers of people from throughout California. As it has done in other cities, we believe the arts will be a significant catalyst for positive change and a return to the pride of place that not so long ago aptly characterized San Bernardino. XII. Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) The San Bernardino Symphony has provided the community and region with concert programming and music education programs since our founding by James Kelly Guthrie in 1929. We offer a relevant five- concert subscription season inclusive of a variety of music. As discussed,this year, we will present a Latin American-themed concert, a holiday concert, a patriotic concert, and two classical concerts. Further, all the featured performers in the 2015-16 season are under age 30 to bring not only their talent, but their youthful vitality to the concert-going experience. In addition to the five-concert series, we also offer two free student concerts to the San Bernardino City Unified School District—last year serving more than 3,400 young people! These concerts are designed to support in-class study and the Symphony provides grade-level-specific coordinating learning platforms. Last year, our "Musical Genius In America" concert focused on African American composers directly correlating to student studies of Black History Month. We also perform in nontraditional venues, often without charge to attendees. Earlier this month, we were honored to partner with the City to present the Mosaico Arts and Music Festival to more than 1,000 residents of the community we share. In addition, we host an annual free music workshop, Symphony Strings for Secondary Students, wherein students work directly with professional Symphony musicians. And, our certificated Symphony Debs and Red Tie Associates program for local teens teaches job skills and teamwork through volunteerism. Our award-winning music education programs in the San Bernardino City Unified School District have introduced over 100,000 children to orchestral instruments resulting in an annual 5% or greater increase in school music program participation (source: SBCUSD). This is particularly important because research indicates that early exposure to the arts results in greater levels of cultural literacy life long, and this is especially true in regions in populations facing socio-economic challenges. XIII. Attach a copy of your last fiscal year financial report, audited or unaudited. (Does not apply to parks or schools.) A copy of the Symphony's last financial report, prepared by Smith Marion & Company, Inc., follows this application document. Other Attachments Also provided, as requested in the General Instructions of the Fine Arts grant application package (page 4), are copies of our 2014/15 concert programs. CERTIFICATION Project Officer: Dr. Anne L. Viricel Title Executive Director Telephone No.: (909) 381-5388 Date May 12, 2015 2015-133 'List Board of Directors and Officers (does not apply to parks and schools) (include names, addresses and telephone numbers.) Dr. Judith Valles 3520 Parkside Dr. San Bernardino,92404 909 881-5027 Mrs. Grace Baldwin 12168 Mt.Vernon, #79 Grand Terrace,92313 909 824-9214 Mrs. Jan Bell 118 Morningside Lane Redlands,92374 909 794-3881 Mrs. Erin Brinker 2462 S. Dartmouth Rd San Bernardino,92408 951323-9337 Ms. Donna Cooley 22285 Mavis St. Grand Terrace,92313 909 536-2707 Dr. Ben Eby 5054 Sun Down Dr. Phelan,92371 760 868-1223 Dr. Carolyn Eggleston 3660 Ridgeline Dr. San Bernardino,92407 909 633-7234 Mrs. Earleen Ferguson-Dudley 198 N.Arrowhead Ave. San Bernardino,92408 909 520-5887 Mrs. Judi Fettel 5766 Sycamore Ave Rialto,92377 909 874-2613 Dr. Jay Fiene 5500 University Pkwy. San Bernardino,92407 202 779-3905 Dr. Dorothy Garcia PO Box 3929(3660 Juniper) San Bernardino,92413 909 862-3668 Mr. Lloyd Garrison 2443 Prospect Drive Upland,91784 909 985-4092 Ms. Gigi Hanna 3115 N. Pershing Ave San Bernardino,92405 909 709-9358 Mrs. Gloria Harrison PO Box 110 Colton,92324 909 754-8244 Mrs. Marilyn Karnig 3284 Parkside Dr. San Bernardino,92404 909 886-7284 Dr. Robert Knop 5500 University Pkwy. San Bernardino,92407 909 537-5463 Hon. Cynthia Ludvigsen PO Box 409 San Bernardino,92402 909 649-3702 Mrs. Wendy Marzullo 28446 Carriage Hill Dr. Highland,92343 909 844-9253 Dr. Audrey Mathews 4605 Brentwood Lane San Bernardino,92407 909 881-8618 Mrs. Millie McKim 450 W.25th St. San Bernardino,92404 909 882-4324 Mr. Dean McVay Esq. 650 E. Hospitality Ln.#600 San Bernardino,92408 909 381-7166 Mrs. Judi Nowlin 30280 Centro Vista Highland,92346 909 793-7732 Mrs. Judy Podskalan 6595 Monte Vista Dr. San Bernardino,92404 909 214-2142 Mrs. Judy Rodriguez-Watson 250 Ocean Ave. Seal Beach,90704 562 505-0492 Mrs Mary Schnepp 198 N.Arrowhead Ave. San Bernardino,92408 909 381-3632 Mr. Richard Simon, Esq. 505 N.Arrowhead Ave#506 San Bernardino,92401 909 884-1215 Mr. Phil Waller 1449 Upland Hills Dr.so Upland,91786 909 936-4839 Mr. Jim Walling 1725 Scottsdale Rd Beaumont,92223 909 437-3194 Mrs. Lisa Weldy 19153 Town Center Drive#106 Apple Valley,92308 760 240-5511 2015-133 SAN BERNARDINO SYMPHONY ORCHESTRA (A Nonprofit Corporation) FINANCIAL STATEMENTS AND INDEPENDENT ACCOUNTANTS' REVIEW REPORT FOR THE YEAR ENDED JUNE 30, 2014 swo Smith Marion & Company, LLP SAN BERNARDINO SYMPHONY ORCHESTRA FINANCIAL STATEMENTS AND INDEPENDENT ACCOUNTANTS'REVIEW REPORT FOR THE YEAR ENDED JUNE 30,2014 TABLE OF CONTENTS Page FINANCIAL INFORMATION Independent Accountants'Review Report I Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 Statement of Functional Expenses 5 Notes to Financial Statements 6-10 2015-133 FINANCIAL INFORMATION shco Smith Marion&Company,LLP•Certified Public Accountants Grand Terrace Office•22365 Barton Road,Suite 108•Grand Terrace,CA 92313•(909)825-6600 To the Board of Directors San Bernardino Symphony Orchestra San Bernardino,CA INDEPENDENT ACCOUNTANTS'REVIEW REPORT We have reviewed the accompanying statement of financial position of the San Bernardino Symphony Orchestra,as of June 30,2014,and the related statements of activities,cash flows,and functional expenses,for the year then ended. A review includes primarily applying analytical procedures to management's financial data and making inquiries of company management. A review is substantially less in scope than an audit,the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly,we do not express such an opinion. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the review in accordance with Statements on Standards of Accounting and Review Services issued by the American Institute of Certified Public Accountants. Those standards require us to perform procedures to obtain limited assurance that there are no material modifications that should be made to the financial statements. We believe that the results of our procedures provide a reasonable basis for our report. Based on our review,we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles generally accepted in the United States of America. March 20,2015 www.SMCoCPA.com Brentwood,TN • Grand Terrace,CA • Lake Arrowhead,CA • Murrieta,CA • Redlands,CA 2015-133 SAN BERNARDINO SYMPHONY ORCHESTRA STATEMENT OF FINANCIAL POSITION JUNE 30,2014 ASSETS Current Assets Cash $ 123,325 Restricted cash 5,141 Subtotal cash 128,466 Accounts receivable 17,030 Prepaid expenses 3,162 Total Current Assets 148,658 Non-Current Assets Property and equipment(net) 4,537 Investments 869,518 Jones Trust 116,687 Inventory 371,958 Total non-current assets 1,362,700 TOTAL ASSETS $ 1,511,358 LIABILITIES AND NET ASSETS Current Liabilities Accounts payable $ 9,836 Deferred revenue 146,327 Total Current Liabilities 156,163 Non-Current Liabilities Deferred Debt 135,542 Total Non-Current Liabilities 135,542 Total Liabilities 291,705 NET ASSETS Unrestricted 944,321 Temporarily restricted 75,332 Permanently restricted 200,000 Total Net Assets 1,219,653 TOTAL LIABILITIES&NET ASSETS $ 1,511,358 See accompanying notes and accountants'report 2 SAN BERNARDINO SYMPHONY ORCHESTRA STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30,2014 Temporarily Permanently Unrestricted Restricted Restricted Total OPERATING REVENUE Sales $ 62,352 $ - $ - $ 62,352 Contracted concerts 126,390 - - 126,390 Guthrie income 11,475 - - 11,475 Total Operating Revenue 200,217 - - 200,217 OPERATING EXPENSES Production costs 539,461 - - 539,461 Supporting services 120,933 - - 120,933 Total Operating Expenses 660,394 - - 660,394 Income(Loss)from Operations (460,177) - - (460,177) OTHER INCOME Contributions 88,216 70,589 - 158,805 Foundation Grants 162,635 - - 162,635 Investment Return 47,071 83,754 - 130,825 Special Events(net of direct expenses) 40,908 - - 40,908 Other Income 27,594 - - 27,594 In-kind Donations 46,800 - - 46,800 Total Other Income 413,224 154,343 - 567,567 Net Assets Released From Restrictions: Restrictions satisfied by payments 87,440 (87,440) - - 40,487 66,903 - 107,390 Fundraising expenses 46,121 - - 46,121 Change in Net Assets (5,634) 66,903 - 61,269 Net Assets-Beginning 949,955 8,429 200,000 1,158,384 Net Assets-Ending $ 944,321 $ 75,332 $ 200,000 $ 1,219,653 See accompanying notes and accountants'report 3 2015-133 SAN BERNARDINO SYMPHONY ORCHESTRA STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30,2014 General and Production Cost Administrative Fundraising Total Accounting $ - $ 14,556 $ - $ 14,556 Advertising 51,437 - - 51,437 Archive CDs 80 - 80 Artist 4,092 - - 4,092 Board expense - 4,398 - 4,398 Brochures/printing 11,040 - 5,195 16,235 Conductor 37,891 - 37,891 Contract services 85,262 - - 85,262 Contracted musicians 13,721 - - 13,721 Credit card fees - 2,460 - 2,460 Depreciation expense - 5,241 - 5,241 Employee benefits - 10,332 - 10,332 Guthrie expense 11,897 2,099 - 13,996 Insurance - 5,269 - 5,269 Irvine grant expenses 69,001 - - 69,001 License/fees - 4,524 - 4,524 Miscellaneous 6,108 - 6,108 Occupancy - 14,327 - 14,327 Office salaries 49,111 26,894 40,926 116,931 Orchestra 153,078 - - 153,078 Other concert expense 32,172 - 32,172 Payroll service fees - 2,377 2,377 Payroll taxes - 9,746 - 9,746 Stage hands 17,690 - - 17,690 Stage manager 2,990 - - 2,990 Supplies - 9,882 - 9,882 Web site design - 2,719 - 2,719 Total $ 539,461 $ 120,933 $ 46,121 $ 706,515 See accompanying notes and accountants'report 4 SAN BERNARDINO SYMPHONY ORCHESTRA STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30,2014 NET CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Assets $ 61,269 Adjustments to reconcile change in net assets to net cash provided by operations: Non-cash Items Depreciation expense 5,241 Net Realized/Unrealized(gain)/loss on investments (100,871) (Increase)decrease in cash due to: Accounts receivable 4,282 Prepaid expenses 5,198 Increase(decrease)in cash due to: Accounts payable and accrued expenses 8,975 Deferred revenue 84,642 CASH(USED)/PROVIDED BY OPERATING ACTIVITIES 68,736 NET CASH FLOW FROM INVESTING ACTIVITIES Proceeds on investments 32,324 CASH(USED)/PROVIDED BY INVESTING ACTIVITIES 32,324 NET CASH FLOW FROM FINANCING ACTIVITIES - CASH(USED)/PROVIDED BY FINANCING ACTIVITIES - Net Increase in Cash 101,060 Beginning cash and cash equivalents 27,406 Ending Cash and Cash Equivalents $ 128,466 SUPPLEMENTAL DATA: Interest paid $ _ In-kind donations $ 46,800 Taxes paid $ _ See accompanying notes and accountants'report 5 2015-133 SAN BERNARDINO SYMPHONY ORCHESTRA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30,2014 1. THE ORGANIZATION The San Bernardino Symphony Orchestra was founded in 1929 by Maestro James K.Guthrie,an internationally renowned conductor and community leader.The Orchestra is one of the oldest and most prestigious in the Inland Empire and has completed its 801 season. It was also the first fully professional ensemble of musicians in the region,boasting an unparalleled standard of musical performance under the dynamic leadership of its conductor; Maestro Frank Fetta San Bernardino Symphony Orchestra holds its subscription concerts in the beautiful and historic California Theatre right at many music lovers' doorstep in downtown San Bernardino. The Theater's unique design highlights the deep and rich sound of the SBSO giving audience an unmatched concert-going experience. The Mission of the San Bernardino Symphony Orchestra is to present and maintain high quality,professional symphonic and classical music in San Bernardino region to a diverse audience, and to foster an active music education program in the schools and in the larger community. Maestro Guthrie compiled a rental library of sheet music that is used extensively by colleges and symphonies. He bequeathed this valuable asset to the San Bernardino Symphony Orchestra. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Accounting The Symphony maintains its books on the accrual basis in accordance with accounting principles generally accepted in the United States of America. Basis of Presentation The San Bernardino Symphony Orchestra is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets,temporarily restricted net assets and permanently restricted net assets. Revenue Sources Revenues are received primarily from:dues,contributions,and ticket sales. Cash and Cash Equivalents For purposes of the statements of cash flows,the Symphony considers cash and all highly liquid investments available for current use with an initial maturity of three months or less to be cash. Contributions Contributions received are recorded as increases in unrestricted,temporarily restricted,or permanently restricted net assets,depending on the existence or nature of any donor restrictions. All donor-restricted contributions are reported as increases in temporarily or permanently restricted net assets depending on the nature of the restriction. When a restriction expires(i.e.when a stipulated time restriction ends or purpose restriction is accomplished),temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Promises to Give Unconditional promises to give are recognized as contribution revenue in the period received and as assets, decreases of liabilities,or expenses depending on the form of the benefits received. Promises to give are recorded at net realizable values if expected to be collected in one year and at fair value if expected to be collected in more than one year. Conditional promises to give are recognized when the conditions on which they depend are substantially met 6 NOTES TO FINANCIAL STATEMENTS(Continued) Property and Equipment Acquisitions of property and equipment in excess of$1,000 are capitalized. Donated equipment is recorded at fair value at the date of the donation. Purchased property and equipment is recorded at cost. Depreciation of property and equipment is provided over the estimated useful lives,which range from seven to ten years,of the respective assets using the straight-line method. Donated Materials,Facilities,and Services Significant services, materials and facilities may be donated to the agency by various individuals and organizations. Donations are recorded at fair market value at the date of donation,and are included in revenue and expenses. The agency receives primarily donated advertising in the yellow pages and the local news paper. Other Assets Other assets consist of sheet music which was bequeathed to the Agency in 1994. Subsequent purchases have been added to the inventory. Other assets are recorded at fair value at the date of the original gift,and subsequent purchases are recorded at cost. Investments Investments consist of common stocks,corporate bonds,and government bonds. Investments are carried at fair value. Fair Value Measurement of Assets&Liabilities Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The Symphony also follows a fair value hierarchy which requires an entity to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. Income Taxes The Symphony is exempt from federal income tax under Internal Revenue Code Section 501(c)(3)and from state franchise tax under Revenue and Taxation Code Section 23701d. The Symphony is classified as other than a private foundation by the Internal Revenue Service. In accordance with accounting standards,which provides accounting and disclosure guidance about uncertain tax positions taken by an organization,management believes that all of the positions taken by the Symphony in its federal and state income tax returns are more likely than not to be sustained upon examination. The Symphony files returns in the US Federal jurisdiction and the State of California.The Symphony's federal income tax returns for the prior three years remain subject to examination by the Internal Revenue Service. The Organization's California income tax return for the prior four years remain subject to examination by the Franchise Tax Board. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly,actual results could differ from those estimates. Concentration of Credit Risk The Symphony maintains cash deposited in financial institutions which are insured by :. FDIC up to$250,000. Ticket Sales Ticket Sales received prior to the fiscal year to which they apply are not recognized as revenues until the year earned. Such sales are recorded as deferred revenue until recognized as revenue. 7 2015-133 NOTES TO FINANCIAL STATEMENTS(Continued) 3. PROPERTY AND EQUIPMENT The composition of property and equipment and related accumulated depreciation as of year-end is shown below. Equipment(Shell) $ 53,476 Office Equipment 1,962 55,438 Accumulated Depreciation (50,901) Net Property and Equipment: $ 4,537 Depreciation expense for the year amounted to: $ 5,241 4. FAIR VALUE Fair value of investments at June 30,2014,is comprised of the following: Quoted Prices in Active Markets Significant Other Significant for Identical Observable Unobservable Assets Inputs Inputs Investments: (Level l) (Level 2) (Level 3) 6/30/2014 Mutual funds $ 864,794 $ - $ - $ 864,794 Money Market funds 4,724 - - 4,724 Total Investments 869,518 - - 869,518 Jones Trust 116,687 - - 116,687 $ 986,205 $ - $ - $ 986,205 5. INVESTMENTS Investments as of June 30,2014 are comprised of the following: Net Appreciation/ Investments: Cost Fair Value Depreciation Mutual funds $ 813,056 $ 864,794 $ 51,738 Money Market funds 4,724 4,724 - Total Investments 817,780 869,518 51,738 Jones Trust 96,167 116,687 20,520 $ 913,947 $ 986,205 $ 72,258 Investment Return: Interest&dividends 36,652 Unrealized gain/(loss) 87,308 Realized gain/(loss) 13,567 Investment fees (6,702) Total Investment Return $ 130,825 8 NOTES TO FINANCIAL STATEMENTS(Continued) 6. ENDOWMENTS San Bernardino Symphony Orchestra interprets prudence laws to state that in lieu or donor stipulations it may use any and all funds in a prudent matter to achieve optimal return while adhering to mid and or low risk parameters such as general economic conditions.As of June 30,2014,the Symphony was required to designate the Jones Trust and Evelyn Magnuson check as permanently restricted endowments.The Jones Trust is required to be held indefinitely in an investment account with all amounts over$100,000 to be used as support for the Symphony.The Evelyn Magnuson check is required to be held in an investment account with the interest income to be used to support a Mozart concert to be performed by the symphony.The value of the accounts is constantly monitored by the Symphony's management to ensure that the accounts are prudently maintained and planned strategies are achieved.. Permanently restricted net assets are donor restricted and are comprised as follows: Temporarily Restricted: 6/30/2013 Appreciation(Net) Distributions 6/30/2014 Guild $ 5,305 $ 70,589 $ (70,753) $ 5,141 Jones Trust(1984) 3,124 13,563 (16,687) - Evelyn Magnuson - 70,191 - 70,191 Total $ 8,429 $ 154,343 $ (87,440) $ 75,332 Permanently Restricted 6/30/2013 Appreciation(Net) Distributions 6/30/2014 Jones Trust(1984) $ 100,000 $ - $ - $ 100,000 Evelyn Magnuson Check 100,000 - - 100,000 Total $ 200,000 $ - $ - $ 200,000 7. LEASES Office Space The Symphony entered into a month to month lease effective April 1,2012. The monthly rent is$1,000.The administrative offices are located at 198 N Arrowhead Ave Suite 2-13, San Bernardino, CA 92408. The rent expense for the year was$12,000 of which$1,200 was allocated to the Guthrie expenses. Theater Rent The Symphony uses the California Theatre of Performing Arts for its performances. Each performance is under a license agreement. License agreements for each season are negotiated prior to the start of the season. As of June 30,2014 all license agreements for the 2013-2014 Season were satisfactorily concluded. 8. DEFERRED DEBT The Symphony currently has a promissory note with the City of San Bernardino for amounts due to the City which will be forgiven April 1,2018.As of June 30,2014,the balance of this loan was$135,542. 9. INVENTORY The Symphony currently maintains a large collection of historical music sheets in its Guthrie library.The rarity of the items allows the Symphony to account for the inventory using the specific identification method of inventory valuation.As of June 30,2014,these items were valued at$371,958. 9 2015-133 NOTES TO FINANCIAL STATEMENTS(Continued) 10. ACCOUNTS RECEIVABLE The Symphony's accounts receivable consist of the following: Accounts receivable $ - Accounts receivable-Guthrie 397 Barter receivable 16,717 17,114 Less: Allowance for uncollectable receivables (84) Total accounts receivable $ 17,030 11. IN-KIND The Symphony receives free from local media outlets for the promotions of its performances. As of June 30,2014,the value of the advertising was estimated at$45,000.The Symphony also receives free meeting space six times during the year.The value of the meeting space was estimated at$1,800. 12. DEFERRED REVENUE The Symphony currently has deferred revenue designated for the upcoming season: Deferred Season $ 50,483 Deferred Grant Funds 94,750 Deferred Union Dues 1,094 Deferred Board Dues - Total Deferred Revenue $ 146,327 13. SUBSEQUENT EVENTS Accounting standards require that San Bernardino Symphony Orchestra assess and disclose the date and the basis for that date through which potential subsequent events have been evaluated. The date represents the date the financial statements were issued or were available to be issued. The Symphony evaluated all potential subsequent events as of March 20, 2015 when the financial statements were authorized and available to be issued. No subsequent events or transactions were identified after the balance sheet date or as of March 20,2015 that require disclosure in the financial statements. 10 2015-133 0 r ' k '.� �• +gyp � _- , oo CL cm � T — ._ ran — . _ =c -o m p cz CD cc CD Q p 3 - .ly � o �• o o rho o � • `E rn o m o x d 2015-133 2 "7 Al M 2 "`�` �% 4 •dJ..aa..a .� ..:.h..i �t w � �� fit'.L..�' - * d k 'k" },,�y� �'j s f� ' fir.►+ cot ME Vb SW CD CD A PQ CD o 4 2015-133 Az l 4 y .s r z 9L ac c7 4; LT C 00 0' ac Lam, 9 CD m �` O C4 BC CD H �1 E i cp_ CO `S w* d a . o _ my cg 5. m c3 • mc CL CD bs 2015-133 Mj -4 rri 4 A �9 v 2 3 N � k *mw .;Zj r. to CD i . �i 2015-133 The San Bernardino Symphony presents Xojakv- .)Nujic gej&d May 3,2015 Roosevelt Bowl Perris Hill Park,San Bernardino Suite de Lara Arranged by Mateo Oliva (1938-2014) Granada Agustin Lara(1900-1970) Gustavo Hemandez,Tenor Sabor a mi Alvaro Carrillo(1921-1969) Ana Gonzalez,Mezzo-Soprano Cielito Lindo Quirino Mendoza (1859-1957) Ana Gonzalez Huapango Jose Pablo Moncayo (1912-1958) with Ballet Folklorico de Los Angeles Kareli Montoya,Director —Intermission— Performance by Ballet Folklorico de Herencia Mexicana Sinfonia India, Carlos Chavez(1899-1978) Final Movement Musical Reflections Judith Valles,Symphony Board President Amorcito Coraz6n Manuel Esper6n (1911-2011) Gustavo Hemandez Jurame Maria Grever(1885-1951) Ana Gonzalez and Gustavo Hernandez A Tribute to Mateo Oliva Dr.Ernest Garcia,SBValley Concert Associa tion President Mosaico Arranged by Mateo Oliva(1938-2014) Besame Mucho ConsueloVelazquez(1916-2005) Ana Gonzalez and Gustavo Hemandez Zacatecas March Genaro Codina (1852-1901) with Ballet Folklorico de Los Angeles > E 4>---E)--<-0-4--< The Mosaico Music Festival is made possible by a generous grant from the James Irvine Foundation through the Exploring Engagement Initiative SAN BERNAR41NO 13 TheJameslrvine SYMPHONY ORCHESTRA 1uMvxe Foundation 2015-133 Maestro Frank Fetta was appointed music director and conductor of the San Bernardino Symphony in 2012,following many guest engagements with the orchestra at the California Theatre of the Performing Arts.He has been the conductor and artistic advisor of the Redlands Bowl Summer Music Festival since 1985.He is also the music director/conductor for the Culver City Symphony,theTorrance Symphony,and the Marina Del Rey Summer Symphony.Maestro Fetta also serves as the principal conductor of the Nevada OperaTheatre,and conductor for the prestigious Zachary Foundation International Vocal Competition. Ana Gonzalez de Jorgenson,mezzo-soprano,was bom in Mexico into a family of musicians.She grew up listening mostly to classical music,old boleros,and traditional romantic and ranchero ballads.She began singing and leaming music with her mother, and commenced more serious vocal training at the age of 16 with renowned Mexican tenor Flavio Becerra.Her musical education continued at the School of Music of the University of Guadalajara,and later at the School of Sacred Music in Toluca,Mexico.After relocating to the United States in 2000,she sang with the Fort Lauderdale Symphony Chorus.She is currently a member of Ensemble XXI of Redlands and is a frequent solo performer of traditional Mexican music at private events.Ana is grateful for the opportunity to share her love and passion of traditional Mexican songs with others,and in doing so hopes to impart a desire,especially among younger generations,to help keep this music vibrant and alive. Gustavo Hernandez,tenor,began his singing career through theYoung Musicians Program of UC Berkeley,where he studied with DavidTigner.He has been a featured soloist for theYoung Musician's Program,Bay Area Singers'Forum,North Bay Opera,and the OaklandYouth Chorus,through which he performed for former president Bill Clinton. Hem6ndez has sung lead tenor roles in fl Barbiere di Siviglia,Lucia di Lammermoor, and Norma,and secondary roles in Idomeneo,Tosca,Die Zauberfldte and Carmen. Hem6ndez's forays into Oratorio include singing the tenor solos for Mendehlsson's Elijah, The Messiah,The Mozart Requiem,Rossini's Stabat Mater,Mozart's Coronation Mass and the MozartUespers.Hem6ndez recently sang with the San Francisco Opera Chorus in Gotterdammerung and the Los Angeles Opera Chorus in Der tliegende Hollander. After receiving his B.M.from the San Francisco Conservatory in 2005,Hem6ndez received his M.M.inVocal Arts at the USCThomton School of Music. The Ballet Folklorico de Los Angeles was founded in 2011 by Kareli Montoya. Though young,the dance company has already performed in several well known venues such as the NokiaTheater,GreekTheatre,John Anson Ford Amphitheater, Disneyland,Disney's California Adventure,StubHub Center,OC Fair and L.A.County Fair.The dance company has also shared the stage with Mariachi Los Camperos de Nati Cano and celebrities such as Lila Downs,Beatriz Adriana,her daughter B.A.Solis,and Paquita la del Barrio.The company's members captivate diverse audiences with their youthful and energetic stage presence. Ballet Folklorico de Herencia Mexicana was originally founded in 1990 as a community-based dance group under the name Nuestra Herencia Mexicana Ballet Folkorico.In recent years it has transformed into a premiere performing dance company under the guidance of directors Richard R.Sol6rzano,Jr.and Michael Smith.Through its beautiful performances Herencia Mexicana Folklorico emphasizes the artistry of music and movement,and showcases the rich colors and history of the Mexican Heritage. The San Bernardino Symphony Orchestra fosters a love of music,excites the spirit, and enriches our diverse community and region through live orchestral performances and music education.Founded in 1929 by Maestro James K.Guthrie,the Symphony is comprised of some of Southern Califomia's finest musicians.It consistently strives for the highest standards of musical performance under the leadership of Maestro Frank Fetta. I The San Bernardino Symphony wishes to express special thanks to: San Bernardino Mayor Carey Davis The San Bernardino City Council Benito Barrios-Virginia Marquez•James Mulvihill.Henry Nickel JohnValdivia•Fred Shorett•RikkeVan Johnson The San Bernardino Parks,Recreation,and Community Services Department The San Bernardino Parks and Recreation Commission Drs.Ernest and Dorothy Garcia Our Community Conversation Partners:Casa Ramona Academy,CKC Music, CSUSB Latino Alumni Association,Kiwanis Club of Greater San Bernardino, Padres para Padres,San Bernardino Arts Association The lames Irvine Foundation for its generous support of the Mosaico Music Festival through the Exploring Engagement Initiative 2015-133 7 Today 1 went to the Symphony! 1 heard music by... Duke Ellington- "Duke Ellington Medley" Duke Ellington called his music American Music"rather than jazz,and liked to describe those who impressed him as"beyond category. He remains one of the most influential figures in jazz,if not in all American music and is widely considered as one of the twentieth century's best known African American personalites.His music influenced millions of people both around the world and at home.He gave American music its own sound for the first time.In his 50-year career,he played over 20,000 performances in Europe,Latin America,the Middle East as well as Asia and won 13 Grammy Awards and was awarded the Grammy Lifetime Achievement Award in 1966.He also received the President's Gold Medal in 1966,the Medal of Freedom in 1969,the French Legion of Honor in 1973,and the Pulitzer Prize.Duke Ellington is best remembered for the over 3,000 songs that he composed during his lifetime. George Gershwin- "Rhapsody in Blue" The son of Russian-Jewish immigrants,George Gershwin began his foray into music at age 11 when his family bought a secondhand piano for his older sibling,Ira.A natural talent,it was George who took it up and eventually sought out mentors who could enhance his abilities.After dropping out of school at age 15,he played in several NewYork nightclubs and in NewYork'sTin Pan AIIey.To earn extra cash,he also worked as a rehearsal pianist for Broadway singers.In 1916,he composed his first published song which brought him to the attention of band leader Paul Whiteman who asked him create a jazz number that would heighten the genre's respectability.Legend has it that Gershwin forgot about the request until he read a newspaper article announcing the fact thatWhiteman's latest concert would feature a new Gershwin composition.Writing at a manic pace in order to meet the deadline,Gershwin composed what is perhaps his best-known work,"Rhapsody in Blue."During this time,and in the years that followed,Gershwin wrote numerous songs for stage and screen with older brother,Ira,penning the lyrics.In 1935,a decade after composing"Rhapsody in Blue,"Gershwin debuted his most ambitious composition,"Porgy and Bess" based on the novel"Porgy"by Dubose Heyward.It is considered to not only be Gershwin's most complex and best-known works,but also among the most important American musical compositions of the 20th century. Scott Joplin - "Ragtime Selections" Born in 1867,Scott Joplin grew up inTexarkana,a town that lied on the border between Texas and Arkansas.The Joplins were a musical family and Scott learned how to play the guitar at a young age and later took to the piano.Joplin left home during his teen years and began work as a travelling musician,playing in dance halls where new musical forms were featured that formed the basis of ragtime, which had distinct,syncopated rhythms and a fusion of musical sensibilities.He lived for a time in Sedalia,Missouri in the 1880s and in 1893 he fronted a band in Chicago during the World Fair.Joplin studied music at George R.Smith College during the 1890s and also worked as a teacher and mentor to other ragtime musicians.He published his first piano rag,"Original Rags,"in the late 1890s. His next composition,"The Maple Leaf Rag,"went on to become the biggest ragtime song ever,eventually selling more than a million copies.Joplin was intensely concerned with making sure ragtime received its proper due,and published a 1908 series that broke down the complexities of ragtime form for students:The School of Ragtime:Six Exercises for Piano.He also wrote several operas,including Treemonisha,a multi-genre theatrical project which told the story of a rural African-American community nearTexarkana.A precursor to George Gershwin's Porgy and Bess,Treemonisha was presented in 1915. William Grant Still - "Symphony No. 1, the Afro-American Symphony" William Grant Still was bom on May 11,1895,in Woodville,Mississippi.After his father passed away when he was a baby,his mother moved the family to live with Still's grandmother in Little Rock,Arkansas.His childhood home was filled with the sounds of his grandmother singing spirituals.In 1911,Still enrolled in Wilberforce University in Ohio,where he studied medicine,but he was more interested in music,so he left to attend Ohio's Oberlin Conservatory of Music and the New England Conservatory of Music in Boston. Still arranged band music for Paul Whiteman,W.C.Handy and Artie Shaw.In 1931,the Rochester Philharmonic Orchestra gave the debut performance of Still's Afro-American Symphony;it was the first time that a symphony composed by an African American had been played by a major orchestra.In 1936,Still became the first African American to conduct a noted American orchestra when he led the Los Angeles Philharmonic at the Hollywood Bowl.Still had a long and fruitful career as a composer,arranger and conductor. The multiple symphonies,ballets and operas that he produced over the years earned him the nickname"Dean of Afro-American Composers."His compositions were performed across the world,including by the NewYork Philharmonic,the London Symphony and theTokyo Philharmonic. Educational Materials sponsored by Jon and Nancy Horstmann IDENTIFY THE PLACEMENT OF THE INSTRUMENTS Percussion Woodwinds Brass Strings F-1 I Podium Identify where the musicians playing each instrument are placed on the stage. A list of instruments and their sections is provided below. Percussion Strings Brass Woodwinds Tympani Violin 1 Horns Flute Snare Drum Violin 2 Trumpets Piccolo Bass Drum Violas Trombone Oboe Cymbals Cellos Tuba Clarinet Triangle Double Basses Bassoon Harp • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• MUSICAL WORD SEARCH Words can go horizontally, vertically and diagonally in all eight directions. Words may overlap but do not share letters. L T J D I T E E H S R E D N U H T I P L Q J BASS DRUM W E X R C A C O 1 N A C F H C O G Z E J L E CYMBAL Q M V U C M I Z N M O T M O T R G I 1 O S N MEXICAN GOURD C P M O A B B R A T C H E T H S P E G S K O TAMBOURINE TIMPANI B L N G N O G V P T M K S C T S Y C M D C H VIBRAPHONE A E Z N G U H X M L C G O E N J D W T A O P CASTANETS CLOCKENSPIEL W B N A P R B J I I A W N E F I A R K A L A TEMPLE BLOCKS Y L T C L I L Z T Y B A K N L M I S F N B R TOM TOM X O B I D N Y S G E T C Y M B A L F I Q D B WOOD BLOCKS COW BELL I C H X T E P B L S O F B W N F O C C P O 1 GONG Z K E E F A V L A L W X K G R 1 Q S C G O V SLAPSTICK THUNDERSHEET F S B M L M Y C G E X Y L O P H O N E T W T TRIANGLE X B A S S D R U M Z K E T 0 H K Z F K X 0 M XYLOPHONE 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6th day of July , 2015, BY AND BETWEEN: 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"); AND, San Bernardino Symphony Orchestra, a non-profit organization, operating under the laws of the State of California, and having its location at 198 N. Arrowhead Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Concert Program with the San Bernardino Symphony Orchestra ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of TWENTY- FIVE THOUSAND DOLLARS ($25,000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been cal ried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Dr. Anne L. Viricel 300 N "D" Street, 6t"Floor San Bernardino Symphony Orchestra San Bernardino, CA 92518 198 N. Arrowhead Avenue San Bernardino, CA 92408 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: SAN BERNARDINO SYMPHONY ORCHESTRA By: ' Its: ��� ✓eYc � Dated , 2015 CITY OF SAN BERNARDINO By: A n Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B y•7 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY ORCHESTRA FOR CONCERT PROGRAM Page 8 of 8 EXHIBIT "M" 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON SPACE AND AERONAUTICS ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION This Recipient Agreement (the "Agreement") is entered into this6th day of July , 2015, BY AND BETWEEN: 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"); AND, Norton Space & Aeronautics Academy, a charter school located at 503 East Central Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Visual Arts and Music Programs at Norton Space & Aeronautics Academy in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budgets included in Attachment RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of NINE THOUSAND SEVEN HUNDRED TWENTY-NINE DOLLARS ($9,729.00), subject to availability of the funds. No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and(iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than November 1, 2015, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Guadalupe Girard, Principal 300 N D Street, 6 1 Floor 503 East Central Avenue San Bernardino, CA 92418 San Bernardino, CA 92354 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON SPACE AND AERONAUTICS ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: NSAA By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. 0 RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 8 of 8 ATTACHMENT 1 2015-133 e Norton Rpace & AeronauticsAcademy: ;a A Language and Science Academy Clat,"GIob.1citu- Lewis Center for Educational Research Dear Fine Arts Grant Commissioner: May 2015 Norton Space and Aeronautics Academy is a dynamic school that focuses on the instruction of science every day and high academic rigor in a dual language immersion setting where students learn in both English and Spanish with the goal of supporting each child to become fully bilingual and biliterate. Currently, NSAA enrolls students in grades K-8. Moreover, our school offers an enrichment program aimed to help our students gain valuable experiences with Music, Art, Fine Art for the Middle Grades, Physical Education, and Mandarin Chinese. In order to provide a program with high academic rigor it is important that we maintain a school culture of excellence, achieved through constant collaboration, teamwork, a focus on best practices and assessment data analysis to guide instruction. In these times of many budget restrictions, we thank you for considering NSAA for your Fine Arts Grant for 2015-2016. This grant is much needed and greatly appreciated. As part of the Lewis Center for Educational Research, our school is a not-for-profit, 501(c)3 organization, and our tax identification number is 33-0542733. Your support of NSAA is very much appreciated! Please do not hesitate to contact me with any questions. Sincerely, Guadalupe Girard, Principal Norton Academy 503 E. Central Ave. San Bernardino, CA 92354 (909) 386-2300 X 701 Norton Space&Aeronautics Academy, Lewis Center for Educational Research 503 East Central Avenue• San Bernardino,CA 92408 • 909-386-2300 2015-133 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino -Fine Arts Commission I. Applicant/Organization (Name Address, Etc.) Norton Space and Aeronautics Academy/Tie Lewis Center for Education Research 503 E. Central Ave. an ernar ino, LA WJtA Telephone No. (909) 386-2300 x701 Cell Phone ( ) Non-Profit I.D. No. 33-05422733 Website Address (if available) http://www.Lewiscenter.org/index.php Number of Years in Existence or in Teaching 6 II. Contact Person Makeda Parker Title Fine Arts Teacher Telephone No: ( ) Cell No: (909) 644-8188 E-mail address: mparker@lcer.org III. Program Category Under which Support is Requested: Music IV. Period of Support Requested: From August 11, 2015 Through June 9, 2016 Starting Ending 9 2015-133 V. Program Description/Need Statement Norton Space and Aeronautics Academy is a duel immersion charter school in San Bernardino. Our unique academy draws in students from all across San Bernardino county, over half of which are economically disadvantaged. We are targeting those students who cannot afford music lessons and/or instruments. Our current music program is run through an enrichment rotation schedule. Students, kindergarten through eighth grade, are exposed to basic music concepts once a week for 30 minutes. Students are introduced to music literacy, vocal techniques and percussion instrument study. However, we do not have sufficient instruments for each student to experience learning and playing their own. Our 2013/14 School Accountability Card shows that over 65% of our famlies are socially disadvantage and cannot afford to purchase instruments for their students. Through funding from the FAC grant, we can target those students insuring they get a fuller music education experience that they may not have access to otherwise. Throughout the school year, we have four performance opportunities for the students to display what they learn in class. Ms. Fluker, who has a Music MFA from the University of California, Los Angeles, facilitates the music program for K - 8th as well as coaches select students to perform in various productions including our Health Fair in November, African American History assembly in February, annual talent production in March, and the yearly carnival in June that hosts over 1000 persons. With funds from the San Bernardino FAC Grant we will be able to purchase percussion instruments kits to be rotated between K - 5th grade as well as wind instruments (recorders) to be utilized by all students, and West African percussion instruments for 6th - 8th grade. Furthermore, the funds will help cover venue rental fees for our performance at the Sturges Theater for the Performing Arts. The grant funds will insure that our students not only get basic music instruction, yet also be able to play actually instruments in one of the four performance opportunity. Business collaborations will occur by renting the Sturges Theater for the Performing Arts as well as soliciting local business to place discount ads in our performance programs. 10 2015-133 VI. Estimated number of persons expected to benefit from this program. 700 students / over 2000 audience a) Number of persons paid by attendance Sturges -700 b) Number of persons admitted by no fee Health Fair- 700+/ AA History Program- 700+ / Carnival- 1000+ c) Number of classes and/or performances scheduled/length of display 36 classes / 4 performances d) Total attending classes/performances/displays/exhibits 2000+ VII. Intended Results: Targ NSAA students K-8 T 36 classes / Au ust 2015- June 2016 Nu 4 performances: pe Health Fair - Nov 2015 e is African American History Program - Feb. 2016 NSAA's Got Talent Program - March 2016 NSAA Annual Carnival - June 2016 Ant 2000+ a L Par 77 2015-133 VIII. Total anticipated expenses for this period/program: Salary/Wages $ 25200 Supp $ 11.104.8 Travel $ 0 Fixe $ Out $ 0 Fees and Other $ 1280 TOTAL EXPENSES $ 36.304.87 IX. Total anticipated income for this period. Income from admission $ 2100 Reve $ 1280 Grants $ 0 Cont $ 0 Fund $ 0 Other $ 25200 TOTAL INCOME $ 28580.00 X. Amount Requested from the SB Fine Arts Commission: a) Total Expenses (Section IX) $ 36304.87 b) Total $28580.00 c) AMO $ 7724.8 d) Total % of budget (must not exceed 40%) 21% 2015-133 XI. Future Objectives: NSAA Music program has found great support from volunteer parents as well as the NSAA PTO. The NSAA PTO raises funds throughout the year to support enrichment programs for the general student body. They have budgeted a small portion of their funds for the various rotation enrichment teachers to purchase few materials and supplies for their curriculum. The PTO also budgets for the rental fees of the Sturges Theater for the Performing Arts. If FAC Grant funds are not allotted to the NSAA Music Program we will not be able to purchase instruments and materials for the students. The curriculum will be modified, once again, to a year with inadequate supplemental instruments and second hand materials for instruction. 1 2015-133 X1 1. Provide a brief history/background of the organization/ school project(s) (what you've done before in this category of the arts.) NSAA music programs started as volunteer efforts of parents who created after school clubs to enrich the lives of our students through percussion and string instrument instruction. Our NSAA Drum Line / Drill Team performed in several community functions as well as parades in and around San Bernardino. Also, students in after school clubs performed their works in school sponsored programs Like NSAA's Annual Talent Show, hosted by the PTO for the last five years. For the last two years NSAA administration has been able to portion funds and contract professional musicians to teach introductory music concepts to student during school hours. Most supplemental funds are funneled through the PTO and their year-long fundraising efforts. We look forward to having a Music program were all students have access to their own instrument to practice and perform. �q, 2015-133 XIII. Attach a copy of your last fiscal year financial report, audited or unaudited. Does not apply t_o_earks or schools. CERTIFICAlzlz Project Officer: sC �`�`-� Titled rl5 22cg Telephone No: r Date 75 2015-133 NSAA FAC Grant - Music Program Itemized statement Item V III &IV Income Total Income from admission Talent show$3/per x 700 2100 Revenue Program Adds$20/add x 64 $1,280.00 Other AAE Pay/instructor$35/hr x 720 $25,200.00 Total Income $28.580.00 Expenses Actual Salary/Wages Instructor$35/hr x 720 $25,200.00 Supplies&Materials Student Music Workbook$20/stdn x 700 $1,400.00 Certificates/Awards$5/stdn x 700 $4,000.00 15 Piece Percussion Set $129.99 12 Piece Percussion Set $149.99 Plastic Recorder$2.50/per x 700 $1,750.00 Microphone$40/per x 5 $200.00 Microphone Stand $69.00 Music Staff Dry Erase Board $799.99 Djembe 13"$239/per x 3 $717.00 Djembe Bags Ig$50/per x 5 $250.00 Djembe Bags sm$35/per x 2 $70.00 Djembe Straps$23.99/per x 10 $239.90 Doundoun Set $890.00 Doundoun Bag Ig $126.00 Doundoun Bag and $57.00 Doundoun Bag sm $49.00 Doun Stand$69/peir x 3 $207.00 Total $11.104.87 Total Expenses $36,304.87 1 2015-133 (r Norton Jpace & Aeronautics Academy: ' A Language and Science Academy Cre-ling Glob,[citue v Lewis Center for Educational Research Dear Fine Arts Grant Commissioner: May 2015 Norton Space and Aeronautics Academy is a dynamic school. that focuses on the instruction of science every day and high academic rigor in a dual language immersion setting where students learn in both English and Spanish with the goal of supporting each child to become fully bilingual and biliterate. Currently, NSAA enrolls students in grades K-8. Moreover, our school offers an enrichment program aimed to help our students gain valuable experiences with Music, Art, Fine Art for the Middle Grades, Physical Education, and Mandarin Chinese. In order to provide a program with high academic rigor it is important that we maintain a school culture of excellence, achieved through constant collaboration, teamwork, a focus on best practices and assessment data analysis to guide instruction. In these times of many budget restrictions, we thank you for considering NSAA for your Fine Arts Grant for 2015-2016. This grant is much needed and greatly appreciated. As part of the Lewis Center for Educational Research, our school is a not-for-profit, 501(c)3 organization, and our tax identification number is 33-0542733. Your support of NSAA is very much appreciated! Please do not hesitate to contact me with any questions. Sincerely, Guadalupe Girard, Principal Norton Academy 503 E. Central Ave. San Bernardino, CA 92354 (909) 386-2300 X 701 Norton Space&Aeronautics Academy, Lewis Center for Educational Research 503 East Central Avenue- San Bernardino,CA 92408- 909-386-2300 2015-133 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino -Fine Arts Commission I. Applicant/Organization (Name, Address, Etc.) Norton Space and Aeronautics Academy/ Lewis Center for Educational Research 503 E. Central Ave. San Bernardino, Telephone No. (909) 386-2300 x 701 Cell Phone ( ) Non-Profit I.D. No. 33-05422733 Website Address (if available) http://www.lewiscenter.org/index.php Number of Years in Existence or in Teaching 6 II. Contact Person Makeda Parker Title Fine Arts Teacher Telephone No: ( ) Cell No: (909) 644-8188 E-mail address: mparker@lcer.org III. Program Category Under which Support is Requested: Visual Arts IV. Period of Support Requested: From August 11, 2015 Through June 9, 2016 Starting Ending 9 2015-133 V. Program Description/Need Statement Norton Space and Aeronautics Academy is a duel immersion charter school in San Bernardino. Our unique academy draws in students from all across San Bernardino County, over half of which are economically disadvantaged. We are targeting those students who cannot afford art lessons and/or supplies. Our current visual art program is run through an enrichment rotation schedule. Students, kindergarten through eighth grade, are exposed to basic art concepts once a week for 30 minutes. Students are introduced to art history, design concepts, and various visual art mediums. We would like to include a sculpting unit in the 2015/16 curricula. However, we do not have sufficient supplies for each student to experience working with clay and other three dimensional art materials. Our 2013/14 School Accountability Card shows that over 65% of our families are socially disadvantage and cannot afford to provide art lessons and/ or purchase art supplies. Through funding from the FAC grant, we can target those students insuring they get a fuller visual art education experience that they may not have access to otherwise. For the past five years The NSAA Parent Teacher Organization has been the host of an annual art show that is open to the public. Students have the opportunity to display their visual art work in the cafeteria "art gallery". Top artists are chosen by expert judges. Ribbons are given to the top placers and all work is available for purchase through a silent auction fund raiser. In the past, this program may have excluded those who don't have access to visual art materials and/or instruction. However, this past year all 700 students were able to display work they did in art class. These works included collages, oil pastels as well as crayon and marker renderings. Ms. Claudia Munoz, who is a visual artist and possesses her BA in Art Education and Studio Art from California State University, San Bernardino, facilitates the program for K - 8th and insisted that all students have artistic talents and should be allowed to participate in the yearly event that hosts over 500 viewers. With funds from the San Bernardino FAC Grant we will be able to purchase visual art materials, certificates and incentive items to be utilized by all students. Furthermore, the funds will help cover costs associated with converting the school cafeteria into an art space. Business collaborations will occur by soliciting Local business to place discount ads in our Art Show program. Moreover, students will also have the opportunity to display their works in our annual carnival at the end of the school year where over 1000 persons will be in attendance as well as Local businesses that vend food and a few booth activities. The grant funds will insure that our students not only get basic visual art instruction, yet also be able to practice, create and display their work. 10 2015-133 VI. Estimated number of persons expected to benefit from this program. 700 students / over 1500 audience a) Number of persons paid by attendance b) Number of persons admitted by no fee Art Show- 500+/ Carnival 1000+ c) Number of classes and/or performances scheduled/length of display 36 classes / 2 displays d) Total attending classes/performances/displays/exhibits 2200+ VII. Intended Results: Targ Economically Challenged K- 8 T 36 classes / August 2015- June 2016 fNu 2 displays; Annual Art Show March 2016 pe Annual Carnival June 2016 I Ant 2200+ a par 2015-133 VIII. Total anticipated expenses for this period/program: Salary/Wages $ 25.200 Supp $ 2005.46 Travel $ 0 Fixe $ 0 Out $ 0 Fees and Other $ 1280 TOTAL EXPENSES $ 28485.46 IX. Total anticipated income for this period. Income from admission $0 Reve $ 1280 Grants $ 0 Cont $ 0 Fund $ 0 Other $ 25.200 TOTAL INCOME $ 26480.00 X. Amount Requested from the SB Fine Arts Commission: a) Total Expenses (Section IX) $.28485.46 b) Total 1 $ 264 c) AMO $ 2005.46 t�- 2015-133 d) Total % of budget (must not exceed 40%) 7% Xi. Future Objectives: NSAA Art program has found great support from volunteer parents as well as the NSAA PTO. The NSAA PTO raises funds throughout the year to support enrichment programs for the general student body. They have budgeted a small portion of their funds for the various rotation enrichment teachers to purchase few materials and supplies for their curriculum. The PTO also budgets for the Art Show supplies. If FAC Grant funds are not allotted to the NSAA Visual Art Program we will not be able to purchase necessary materials for the students. The curriculum will be modified, once again, to a year with inadequate supplemental supplies and second hand materials for instruction. 13 2015-133 XII. Provide a brief history/background of the organization/ school project(s) (what you've done before in this category of the arts.) NSAA Art programs started through the Meet the Masters curriculum. Our PTO wrote grants to purchase the curriculum and provide the instructor's salary. As our school expands and transitions to common core, that program no longer fit into the daily schedule. Two years ago NSAA administration was able to portion funds and contract professional artists to teach introductory art concepts to student as part of an enrichment rotation schedule. However, supplemental funds are limited and funneled through the PTO and their year-long fundraising efforts. We look forward to having a Visual Art program were all students have access to quality instruction, materials, as well as presentation of their works. 2015-133 XIII. Attach a copy of your last fiscal year financial report, audited or unaudited. Does not apply to parks.or, schools. CERTIFICATIO Project Officer: Title l(nd 5 Telephone No: ( `�q0 v7\ r � — l� ) (p Date 16, 2015-133 NSAA ART ENRICHMENT PROGRAM Itemized Budget items VIII&IV EXPENSES SalaryMages Total: Instructor 35Ihr x 720 25200 Supplies and Materials Price Total Canson watercolor pads 10 5.69 56.9 Strathmore 1401b watercolor pads 10 5.62 56.2, kids brash holder 8 25.09 207.2 simply simmons flat brushes/round#4 35 3.29 115.15 simply simmons flat brushes/Flat 94 35 3.29 _ 115.15 dick blick glue sticks 200 0.39 ,... _ _._ .7.8 3M Spray Mount Mist's Adhesive 5 5.42_ .._ _... _27.1 mexican pottery clay 5 13.45 _ 67.25 i .._ pottery tool kit 10 11.29 .. _ _ _ 112.9...... paper trimmer#24 cut 1 252.3 .__ _ _252.3: construction paper black/50 sheets 100 2.35 235 construction paper white 50 sheets 100 2.35 235 Brayer Kit with 4 Rollers 6 26.95_ . 161.7' Velvet Printmaking Sheetthadiant white 10 6.59 65.9 Scratch-Art Variety Classroom Pack 1 63.94 _. 63.94 scratch-Art paper Pack 50 2 19.5 - _ __- 39i Economy Canvas Panels,Pkg of 24 10 2.95 _ - - - 29.5: Chromacryl Students'Acrylics/pinmt set of 6 3 52.49 157.47 Tofal: 2005.46 ..... _ Fees/ _ other (Total __ I_Program Copies $.08/copy x 16000 _ 1280 - INCOME Revenue (Total Program Adds $20/add x64 I _ _.1280 AAE pay/Instructor $35/hr x 720 25200 1 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON SPACE AND AERONAUTICS ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION This Recipient Agreement (the "Agreement") is entered into this6th day of July , 2015, BY AND BETWEEN: 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"); AND, Norton Space & Aeronautics Academy, a charter school located at 503 East Central Avenue, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Visual Arts and Music Programs at Norton Space & Aeronautics Academy in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "l," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budgets included in Attachment 441." RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of NINE THOUSAND SEVEN HUNDRED TWENTY-NINE DOLLARS ($9,729.00), subject to availability of the funds. No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than November 1, 2015, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 2 of 8 2015-133 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. 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Guadalupe Girard, Principal 300 N D Street, 6t" Floor 503 East Central Avenue San Bernardino, CA 92418 San Bernardino, CA 92354 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follows] RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON SPACE AND AERONAUTICS ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 7 /23 , 2015 RECIPIENT: NSAA By: �uadal C.100 Its: �1'l Yl C`i QC41 Dated �1-51-1 , 2015 CITY OF SAN BERNARDINO By: A en Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: (D RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND VISUAL ARTS INSTRUCTION Page 8 of 8 EXHIBIT "N " 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARD CHILDREN (IM INC) FOR MUSIC PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6-th day of July , 2k1 . BY AND BETWEEN: 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"); AND, Inter-Prevention Meaningfully Intercepting the Negatives Toward Children (IM INC), a non-profit organization, incorporated under the laws of the State of California and having its location at Del Vallejo Middle School, a public school, located at 1885 E Lynwood Drive, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Music Program at IM Inc. in San Bernardino ("Project") to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment "1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 1 of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Reverend Dennis Brown 300 N "D" Street, 6t" Floor IM Inc San Bernardino, CA 92418 P.O. Box 7088 San Bernardino, CA 92411 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARD CHILDREN (IM INC) FOR MUSIC PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIENT: IM INC By: Its: Dated , 2015 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 8 of 8 2015-133 VISUAL AND PERFORMING ARTS-----GRANT APPLICATION FORM City of San Bernardino- Fine Arts Commission I. Applicant/Organization (Name, Address, Etc.) Inter-Prevention Meaningfully Intercepting the Negatives Toward Children (IM INC) P.O. Box 7088 San Bernardino CA 92411 Telephone No. (909) 473-3138 Cell Phone (909) 496-5112 Non-Profit I.D. No. 68-0544585 Website Address: revdennismbrown-iminc.com Number of years in Existence or in Teaching: 12 years, since 2003 11. Contact Person: Revered Dennis Morgan Brown Title: Program Administrator, Instructor Telephone No: (909) 496-5112 Cell No: (909) 496-5112 E-mail Address: dmorganbrown@gmaii.com III. Program Category Under which Support is Requested: Music IV. Period of Support Requested: From: August 8, 2015 Through End: December 19, 2015 1 2015-133 V. Program Description/Needs Statement: The intent of I. M. Inc. is to deliver an introductory music program to children in the city of San Bernardino within a five -month period. By starting our program at the beginning of the school year, we will ensure that our students will access the cognitive benefits of learning music. Music instruction, participation and indulgence has been shown to increase cognitive development, memorization, and Math capacity, reading comprehension, attention, focus and academic achievement. The Washington Post (March, 2015) shared a study that clearly demonstrated that music lessons spur 'emotional and behavioral growth' in children. The study, conducted by the University of Vermont, and The Vermont Center for Children,Youth and Families found that music instruction, "accelerated cortical organization in attention skill, anxiety management and emotional control." It has been our experience, in over twelve (12) years of delivering these services, that this community will greatly benefit from the opportunity to learn to read and play music, and we are preparing to embark on an amazing Fall 2015 season, with the support of the City of San Bernardino's Fine Arts Commission. The mission of this program is to energize children to participate and appreciate learning music-while simultaneously increasing their academic and life success. Our plan is to integrate fundamental basic education while teaching music. We recognize fundamental problems associated with young children are not totally attributed to poverty and crime. Oftentimes children are not provided with an avenue to communicate their thoughts, poetry, music or language art skills. I.M. Inc. curriculum teaches basic core values. Students are instructed to respect themselves and others while learning. While developing an appreciation for a different music experience students will learn teamwork, critical thinking and the 'rite of passage' to their own individual self-worth and voice. 2 2015-133 Six (6) accomplished professional musicians from San Bernardino County will provide the instructions. Students will gain a positive learning skill in a safe and secure environment. At the end of this project the community will have a benefit concert to showcase student talent. We intend to establish a platform of sincere reform as we change our community through music at the grassroots level as talent is developed. Key personnel include: 1. Reverend Dennis Morgan Brown- Project Coordinator, Instructor (Guitar, Bass and Piano) 2. Reverend Floyd Martin-Instructor (Piano) 3. Ronnie B. Goude- Instructor (Guitar, Bass, Piano) 4. Kevin Foster- Instructor (Drums) 5. Anthony Garcia- Instructor (Bass) 6. Curtis Hawkins—Utility, Instructor (Drums) VI. Estimated Number of Persons Expected to Benefit from This Program-This program will serve 100 students in the city of San Bernardino, with quality, personalized music instruction. We will offer 18 weeks of free classes to students. There will be four hours of instruction on Saturday's from August 8th through December 12, 2015. The exact dates of service will be: August: 8,15,22,29 September 12, 19, 26 October 3, 10, 17,24, 31 November 7, 14, 21 December 5, 12, 19 3 2015-133 Number of persons who will pay an admission charge: 0 Number of persons who will receive free admission: 200 Number of classes scheduled or performances scheduled for the performing arts- 18 Total attending classes/performances- 300 Intended Results-We intend to offer 18 classes to 100 students at between the months of August and December 2015. We will hav5 a final student showcase where we are expecting 200 people to be a part of the final celebration. We will have sign- in sheets at each class to maintain a record of attendance and participation. Target Group Students between the ages of 8 and 17 years old Time Frame 8/8/15-12/19/15 Number of performances, classes There will be 18 classes and one culminating showcase performance Anticipated maximum audience, Participants- 100 participants, etc. Audience- 200 VII. Total anticipated expenses for this period/program: Wages/Artists $ 16,250 Wages/Admin $6,000 Travel $0 Fixed Assets/Rentals or $3,000 Leases Outstanding Loan Payments $0 Fees and Other (Snacks) $1,250 4 2015-133 TOTAL EXPENSES $ 26,500 IX. Total anticipated income for this period. Income from admission $0 Revenue $0 Grants $ Contributions $ 3,000 Funds from other Support Groups $ 12,900 Other (Request) $10,600 TOTAL INCOME $ 26,500 X. Amount Requested from the SB Fine Arts Commission Total Expenses $26,500 Total Income $ 15,900 AMOUNT REQUESTED $ 10,600 Total %of budget (40%) 40% Future Objectives:To continue this program through sponsorships, ads and fundraising strategies that engage businesses and the community. 5 2015-133 Provide a brief history/background of the organization/school project(s) (what you've done before in this category of the arts.) The IM Inc. program has helped students throughout San Bernardino County to achieve through quality music instruction. Our program has helped students with negative background and family situations to find peace and comfort in the gift of learning and making music. Students with behavioral problems and families with few resources have shown a genuine appreciation for the opportunities that this program offers. Our corporate partner for this grant is: McDonald's at 4155 University Parkway, San Bernardino, CA 92407. The restaurant will sponsor two (2) concerts with free lunches for our students. They have also committed to giving a certificate to exceptional students that achieve the IM Inc. Award. Their business will be advertised in our program materials as a corporate sponsor of this event. XI. Attach a copy of your last year financial report, audited or unaudited. Does not apply to parks or schools. See the following attachments which include our California state tax filing and our IRS tax filing for 2014. CERTIFICATI Project Office . Title Telephone No: �` /(/ ate �D�J 6 2015-133 Inter Prevention Meaningfully Intercepting the Negatives Toward Children - IMINC Federal Form 990 CA State Form 199 Year Ended December 31, 2014 Prepared by the Independent Accounting Firm of MDISNET 2015-133 INTER-PREVENTION, MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARD CHILDREN, INC FINANCIAL STATEMENT TAX YEAR ENDED DECEMBER 31, 2014 REVENUE Contribution $7,230 Program Services 27,215 ------------------ Gross Revenues 34,445 ------------------- OPERATING EXPENSES Wages 5,200 Benefits 0 Staff Development 0 ------------------ Total Operating 5,200 Expenses General/Administrative Rent 1,349 Utilities 0 Contributions 1,000 Telephone 616 Professional fees 275 Consultants 19,200 Travel/Entertainment 1,414 Memberships/Dues 0 Program supplies 414 Equipment maintenance 717 Insurance 325 Advertising, radio promotions 600 Conferences/training 0 Bank fees 120 ------------------- Total General 26,030 /Administrative Expense Total Operating 31,230 Expenses ------------------- Net Operating Income 3,215 2015-133 990 Return of Organization Exempt From Income Tax OMB No.1545-0047 014 Form Under section 501(c),527,or 4947(a)(1)of the Internal Revenue Code(except private foundations) ► Do not enter social security numbers on this form as it may be made public. •• • Department of the Treasury P- Information about Form 990 and its Instructions is at wwwJrs. ov11hrm990. .- • internal Revenue Serce g q For the 2014 calendar vear.or tax year beginning and ending B Check if appllcable: C Name of organization Inter-Prevention Meaning IN Interceptinc,the NegatiV D Employer Identification number Address change Doing business as Number and street(or P.O.box If mail is not delivered to street address) Room/suite 8-0544585 Name change PO BOX 7088 E Telephone number Initial return City or town state ZIP code San Bernardino CA 92411 909-891-8950 Final retumlterminated Foreign country name Foreign province/state/county Foreign postal code Amended return G Gross receipts$ 34,445 Application pending F Name and address of principal officer. H(a)Is this a group return for subordinates? DYesEX No Dennis Morgan Brown PO BOX 7088 San Bernardino CA 92410 H(b)Are all subordinates Included? ❑Yes MX No I Tax-exempt status: QX 501(cX3)❑501(c) ( ) -4(insert no.) 1:1 4947(aX1)or 527 If"No,"attach a list.(see instructions) J Website: ► H c Group exem tion number► K Form of organization: E Corporation E]Trust Ej Association E]Other ► L Year of formation: 2003 1 M State of legal domicile: CA Summary 1 Briefly describe the organization's mission or most significant activities: Provide youth&children_social services,anti drug 8�ganq programs,Through volunteers in community_offer music training.................................. job training offer motivational workshops;and family services to low income individuals--------------------------------------- 0 2 Check this box ►� if the organization discontinued its operations or disposed of more than 25%of its net assets. C) 3 Number of voting members of the governing body(Part VI,line 1 a). . . . 3 5 •d 4 Number of independent voting members of the governing body(Part VI, line 1 b). 4 0 5 Total number of individuals employed in calendar year 2014(Part V,line 2a). . . . . . . . 5 0 '- 6 Total number of volunteers(estimate if necessary). . . . . . . . . . . . . . . 6 42 a 7a Total unrelated business revenue from Part Vlll,column(C), line 12. . . . . . . . . . . 7a 0 b Net unrelated business taxable income from Form 990-T line 34. 7b 0 Prior Year Current Year 8 Contributions and grants(Part VIII, line 1 h). . . . . . . . . . . . . . 7,610 _ 7,230 m 9 Program service revenue(Part VIII,line 2g) . . . . . . . . . . . . . . 52,000 27,215 10 Investment income(Part VIII,column(A), lines 3,4,and 7d). . . 0 0 11 Other revenue(Part VIII,column(A),lines 5,6d,8c,9c, 10c,and 11 e). 0 0 12 Total revenue—add lines 8 through 11 must equal Part VIII column A line 12 . 59,610 34,445 13 Grants and similar amounts paid(Part IX,column(A), lines 1-3). 5,210 0 14 Benefits paid to or for members(Part IX,column(A),line 4). . . . . . . 0 0 15 Salaries,other compensation,employee benefits(Part IX,column(A),lines 5-10). 0 5,200 16a Professional fundraising fees(Part IX,column(A),line 11e). . . . . . . 0 0 b Total fundraising expenses(Part IX,column(D),line 25)111111 17 Other expenses(Part IX, column(A),lines 11a-11d, 11f-24e). 53,471 26,030 18 Total expenses.Add lines 13-17(must equal Part IX,column(A), line 25). 58,681 31,230 19 Revenue less expenses.Subtract line 18 from line 12 . 929 3,215 Beginning of Current Year End of Year 1-3 20 Total assets(Part X, line 16). . . . . . . . . . . . . . . . . . . . 908 1,109 sg 21 Total liabilities(Part X, line 26). . . . 0 0 �LL 22 Net assets or fund balances.Subtract line 21 from line 20 908 1,109. Si nature Block Under penalties of perjury,I declare that I hav examined this return,Including accompanying schedules and statements,and to the best of my knowledge and belief,it Is true,correct,and complete.D6claration of preparer other than officer is based on all information of which preparer has an knoWedge. Sign ' f Here Signature of o i Date l'�`/ ' Type or pri name and title / Printrrype preparer's name ` Preparer's signature Data PTIN Paid / Check � rf Preparer MDISNE self-employed Use Only Firm's name ► 577 N D ST#112-G Firm's EIN ► Firm's address ► SAN BERNARDINO,CA 92401 Phone no. May the IRS discuss this return with the prepare[ . . . . . . . . E]Yes 1:1 No For Paperwork Reduction Act Notice,see the sepal For,990(2014) HTA Farm 990(2014) Inter-Prevention Meaningfully Intercepting the Ne Q7-WArd Children, Inc 68-0544585 Page 2 Statement of Program Service Accomplishments Check if Schedule O contains a response or note to any line in this Part III . . . . . . . . . . . . ❑ 1 Briefly describe the organization's mission: Provide-youth childrensocialserv_ices,anti druq&gpTq--------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990-EZ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes Q No If"Yes,"describe these new services on Schedule O. 3 Did the organization cease conducting,or make significant changes in how it conducts, any program services? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes Q No If"Yes,"describe these changes on Schedule O. 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses.Section 501(c)(3)and 501(c)(4)organizations are required to report the amount of grants and allocations to others, the total expenses,and revenue, if any,for each program service reported. 4a (Code: •_____________ )(Expenses$---------------- including grants of$................ )(Revenue$ ................. --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- 4b (Code: •_____________ )(Expenses$---------------- including grants of$................ )(Revenue$ .................) --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- 4c (Code: -------------- )(Expenses$---------------- including grants of$................ )(Revenue$ .................) -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- 4d Other program services.(Describe in Schedule O.) (Expenses $ 0 including grants of $ 0)(Revenue $ 0) 4e Total program service expenses D. 0 Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 3 Checklist of Required Schedules Yes No 1 Is the organization described in section 501(c)(3)or 4947(a)(1)(other than a private foundation)? If"Yes," complete Schedule A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 X 2 Is the organization required to complete Schedule 8, Schedule of Contributors (see instructions)?. . . . . . . 2 X 3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office?If"Yes,"complete Schedule C, Part I . . . . . . . . . . . . . . . . . . . . 3 X 4 Section 501(c)(3)organizations. Did the organization engage in lobbying activities,or have a section 501(h) election in effect during the tax year?If"Yes,"complete Schedule C, Part/1 . . . . . . . . . . . . . . . . 4 X 5 Is the organization a section 501(c)(4),501(c)(5),or 501(c)(6)organization that receives membership dues, assessments, or similar amounts as defined in Revenue Procedure 98-19? If"Yes,"complete Schedule C, Part/// . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 X 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? If "Yes," complete Schedule D, Part I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 X 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas,or historic structures?If"Yes,"complete Schedule D, Part Il . . . . . . . 7 X 8 Did the organization maintain collections of works of art, historical treasures,or other similar assets?if"Yes," complete Schedule D, Part 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 X 9 Did the organization report an amount in Part X,line 21,for escrow or custodial account liability; serve as a custodian for amounts not listed in Part X;or provide credit counseling,debt management,credit repair,or debt negotiation services?If"Yes,"complete Schedule D,Part IV. . . . . . . . . . . . . . . . . . . 9 X 10 Did the organization,directly or through a related organization, hold assets in temporarily restricted endowments, permanent endowments,or quasi-endowments?If"Yes,"complete Schedule D, Part V . . . . . 10 X 11 If the organization's answer to any of the following questions is"Yes,"then complete Schedule D, Parts VI, y VI 1,VIII, IX,or X as applicable. :` a Did the organization report an amount for land, buildings,and equipment in Part X,line 10?If"Yes,"complete Schedule D, Part VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 a X b Did the organization report an amount for investments—other securities in Part X,line 12 that is 5%or more of its total assets reported in Part X, line 16?if"Yes,"complete Schedule D, Part Vll. . . . . . . . . . . . . 11b X c Did the organization report an amount for investments—program related in Part X,line 13 that is 5%or more of its total assets reported in Part X, line 16?If"Yes,"complete Schedule D, Part Vlll. . . . . . . . . . . . . 11c X d Did the organization report an amount for other assets in Part X, line 15 that is 5%or more of its total assets reported in Part X,line 16?If"Yes,"complete Schedule D, Part IX. . . . . . . . . . . . . . . . . . . . 11d X e Did the organization report an amount for other liabilities in Part X, line 25? If"Yes,"complete Schedule D, Part X. . 11e X f Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48(ASC 740)?If"Yes,"complete Schedule D,Part X. 11f 12a Did the organization obtain separate, independent audited financial statements for the tax year? If"Yes,"complete Schedule D, Parts X/and X11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12a X b Was the organization included in consolidated, independent audited financial statements for the tax year?If"Yes," and if the organization answered'No"to line 12a, then completing Schedule D, Parts Xl and X11 is optional . . . 12b X 13 Is the organization a school described in section 170(b)(1)(A)(ii)?If"Yes,"complete Schedule E . . . . . . . . 13 X 14a Did the organization maintain an office,employees,or agents outside of the United States? . 14a X b Did the organization have aggregate revenues or expenses of more than$10,000 from grantmaking, fundraising, business,investment, and program service activities outside the United States,or aggregate foreign investments valued at$100,000 or more?If"Yes,"complete Schedule F, Parts I and IV . . . . . . 14b X 15 Did the organization report on Part IX,column(A), line 3, more than$5,000 of grants or other assistance to or for any foreign organization?If"Yes,"complete Schedule F, Parts 11 and IV . . . . . . . . . . . . . . . . 15 X 16 Did the organization report on Part IX,column(A),line 3, more than$5,000 of aggregate grants or other assistance to or for foreign individuals?If"Yes,"complete Schedule F, Parts Ill and IV . . . . . . . . . . . . 16 X 17 Did the organization report a total of more than$15,000 of expenses for professional fundraising services on Part IX,column(A), lines 6 and 11e?If"Yes,"complete Schedule G, Part I (see instructions). . . . . . . . 17 X 18 Did the organization report more than$15,000 total of fundraising event gross income and contributions on Part VIII, lines 1c and 8a?If"Yes,"complete Schedule G, Part ll . . . . . . . . . . . . . . . . . . . . 18 X 19 Did the organization report more than$15,000 of gross income from gaming activities on Part VIII, line 9a? If"Yes,"complete Schedule G, Part Ill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 X 20a Did the organization operate one or more hospital facilities?If"Yes,"complete Schedule H . . . . . . . . . . 20a X b If"Yes"to line 20a did the organization attach a copy of its audited financial statements to this return? . 20b Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 page 4 Checklist of Required Schedules continued Yes No 21 Did the organization report more than$5,000 of grants or other assistance to any domestic organization or domestic government on Part IX,column(A),line 1?If"Yes,"complete Schedule 1, Parts I and 11 . . . . . . . 21 X 22 Did the organization report more than$5,000 of grants or other assistance to or for domestic individuals on Part IX,column(A),line 2? If"Yes,"complete Schedule I, Parts I and 111 . . . . . . . . . . . . . . . . . 22 X 23 Did the organization answer"Yes"to Part VII,Section A,line 3,4,or 5 about compensation of the organization's current and former officers, directors,trustees,key employees, and highest compensated employees? If"Yes,"complete Schedule J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 X 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year,that was issued after December 31,2002? If"Yes,"answer lines 24b through 24d and complete Schedule K. If"No,"go to line 25a . . . . . . . . . . . . . . . . . . . . 24a X b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? . . . . . . 124d X c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X d Did the organization act as an"on behalf of issuer for bonds outstanding at anytime during the year? . . . X 25a Section 501(c)(3), 501(c)(4),and 501(c)(29)organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year? If"Yes,"complete Schedule L, Part I . . . . . . . . . 25a X b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year,and that the transaction has not been reported on any of the organization's prior Forms 990 or 990-EZ?If"Yes,"complete Schedule L, Part I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25b X 26 Did the organization report any amount on Part X, line 5,6,or 22 for receivables from or payables to any current or former officers,directors,trustees,key employees, highest compensated employees, or disqualified persons?If"Yes,"complete Schedule L, Part// . . . . . . . . . . . . . . . . . . . . . . 26 X 27 Did the organization provide a grant or other assistance to an officer,director,trustee,key employee, substantial contributor or employee thereof,a grant selection committee member,or to a 35%controlled entity or family member of any of these persons? If"Yes,"complete Schedule L, Part 111 . . . . . . . . . . . 27 X 28 Was the organization a party to a business transaction with one of the following parties(see Schedule L, ` Part IV instructions for applicable filing thresholds, conditions,and.exceptions): a A current or former officer,director,trustee, or key employee?If"Yes,"complete Schedule L, Part IV . . . . . . 28a X b A family member of a current or former officer,director,trustee,or key employee? If"Yes,"complete Schedule L, Part IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28b X c An entity of which a current or former officer,director,trustee,or key employee(or a family member thereof) was an officer,director,trustee,or direct or indirect owner?if"Yes,"complete Schedule L, Part 1V . . . . . . . 28c X 29 Did the organization receive more than $25,000 in non-cash contributions?if"Yes,"complete Schedule M . . . . 29 X 30 Did the organization receive contributions of art, historical treasures,or other similar assets,or qualified conservation contributions? If"Yes,"complete Schedule M . . . . . . . . . . . . . . . . . . . . . . 30 X 31 Did the organization liquidate,terminate, or dissolve and cease operations?If"Yes,"complete Schedule N, Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 X 32 Did the organization sell, exchange,dispose of,or transfer more than 25%of its net assets? If"Yes,"complete Schedule N, Part Il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 X 33 Did the organization own 100%of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3?If"Yes,"complete Schedule R, Part I . . . . . . . . . . . . . . . 33 X 34 Was the organization related to any tax-exempt or taxable entity?If"Yes,"complete Schedule R, Part 11, 111, or 1V, and Part V, line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 X 35a Did the organization have a controlled entity within the meaning of section 512(b)(13)? . . . . . . . . . . . . 35a X b If "Yes"to line 35a,did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)?If"Yes,"complete Schedule R, Part V, line 2 . . . . . . . . 35b X 36 Section 501(c)(3)organizations. Did the organization make any transfers to an exempt non-charitable related organization?If"Yes,"complete Schedule R, Part V, line 2 . . . . . . . . . . . . . . . . . . . . . . 36 X 37 Did the organization conduct more than 5%of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes?If"Yes,"complete Schedule R, Part Vl. . . . . . . . . . . . . . . . . 37 X 38 Did the organization complete Schedule O and provide explanations in Schedule O for Part VI,lines 11 b and 19? Note.All Form 990 filers are required to complete Schedule 0. . 38 X Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 5 Statements Regarding Other IRS Filings and Tax Compliance Check if Schedule O contains a response or note to any line in this Part V . . . . . . . . . . . . . ❑ Yes No la Enter the number reported in Box 3 of Form 1096. Enter-0-if not applicable . la b Enter the number of Forms W-2G included in line 1 a. Enter-0-if not applicable'. 1 b c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable rX gaming(gambling)winnings to prize winners? . . . . . . . . . . . . . . . . . . . . . . 1 c 2a Enter the number of employees reported on Form W-3,Transmittal of Wage and Tax Statements,filed for the calendar year ending with or within the year covered by this return . 2a b If at least one is reported on line 2a,did the organization file all required federal employment tax returns? . . . . 2b X Note. If the sum of lines 1a and 2a is greater than 250,you may be required to a-file. see instructions ' 3a Did the organization have unrelated business gross income of$1,000 or more during the year? . . . . . . . . 3a X b If"Yes,"has it filed a Form 990-T for this year?If"No" to line 3b,provide an explanation in Schedule O . . . . 3b X 4a At any time during the calendar year,did the organization have an interest in,or a signature or other authority over, a financial account in a foreign country(such as a bank account, securities account,or other financial account)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4a X b If"Yes,"enter the name of the foreign country: ► = ° See instructions for filing requirements for FinCen Form 114, Report of Foreign Bank and Financial Accounts 1 (FBAR). 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? . . . . . . 5a X b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? . . . 5b X c If"Yes"to line 5a or 5b,did the organization file Form 8886-T? . . . . . . . . . . . . . . . . . . . . . 5c X 6a Does the organization have annual gross receipts that are normally greater than$100,000,and did the organization solicit any contributions that were not tax deductible as charitable contributions? . . . . . . . . . 6a X b If"Yes,"did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6b X 7 Organizations that may receive deductible contributions under section 170(c). A2 a Did the organization receive a payment in excess of$75 made partly as a contribution and partly for goods " and services provided to the payor? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a X b If"Yes,"did the organization notify the donor of the value of the goods or services provided? . . . . . . . . . 7b X c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7c I X d If"Yes,"indicate the number of Forms 8282 filed during the year. . . . . . . . . . . 7d e Did the organization receive any funds, directly or indirectly,to pay premiums on a personal benefit contract? . 7e X f -Did the organization,during the year,pay premiums,directly or indirectly, on a personal benefit contract? . . . . 7f X g If the organization received a contribution of qualified intellectual property,did the organization file Form 8899 as required? . 7g X h If the organization received a contribution of cars,boats,airplanes,or other vehicles,did the organization file a Form 1098-C?. 7h X 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the . 1 sponsoring organization have excess business holdings at any time during the year? . . . . . . . . . . . . 8 X 9 Sponsoring organizations maintaining donor advised funds. a Did the sponsoring organization make any taxable distributions under section 4966? . . . . . . . . . . . . 9a X b Did the sponsoring organization make a distribution to a donor,donor advisor,or related person? . . . . . . . 9b X 10 Section 501(c)(7)organizations. Enter: a Initiation fees and capital contributions included on Part VIII, line 12 . . . . . . . . . . 10a b Gross receipts, included on Form 990,Part VIII, line 12,for public use of club facilities. . 10b 11 Section 501(c)(12)organizations. Enter: dM a Gross income from members or shareholders. . . . . . . . . . . . . . . . . . . 11a b Gross income from other sources(Do not net amounts due or paid to other sources against amounts due or received from them.). . . . . . . . . . . . . . . . . . . 11 b 12a Section 4947(a)(1)non-exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041? . 12a X b If"Yes,"enter the amount of tax-exempt interest received or accrued during the year. . . 12b 13 Section 501(c)(29)qualified nonprofit health insurance issuers. a Is the organization licensed to issue qualified health plans in more than one state? . . . . . . . . . . . . . 13a X Note. See the instructions for additional information the organization must report on Schedule O. b Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans. . . . . . . . . . . . . . 13b c Enter the amount of reserves on hand. . . . . . . . . . . . . . . . . . . . . 13c 14a Did the organization receive any payments for indoor tanning services during the tax year? . . . . . . . . . 14a X b If"Yes,"has it filed a Form 720 to report these payments?If"No" rovide an explanation in Schedule O . 14b X Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 6 Governance, Management, and Disclosure For each "Yes"response to lines 2 through 7b below, and for a "No" response to line 8a, 8b, or 10b below, describe the circumstances,processes, or changes in Schedule 0. See instructions. Check if Schedule O contains a response or note to any line in this Part VI . . . . . . . . . . . Section A. Governin Bod and Mana ement Yes No la Enter the number of voting members of the governing body at the end of the tax year. la 5 u If there are material differences in voting rights among members of the governing body,or if the governing body delegated broad authority to an executive committee or similar x committee,explain in Schedule O. >.„W b Enter the number of voting members included in line la,above,who are independent. lb 0 2 Did any officer,director,trustee, or key employee have a family relationship or a business relationship with any other officer, director,trustee,or key employee? . . . . . . . . . . . . . . . . . . . . . . . . . 2 X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers,directors,or trustees,or key employees to a management company or other person? . 3 X 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? . . . . 4 X 5 Did the organization become aware during the year of a significant diversion of the organization's assets? . . . . 5 X 6 Did the organization have members or stockholders? . . . . . . . . . . . . . . . . . . . . . . . . 6 X 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a X b Are any governance decisions of the organization reserved to(or subject to approval by)members, stockholders,or persons other than the governing body? . . . . . . . . . . . . . . . . . . . . . . . 7b X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: a The governing body? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .y8a X b Each committee with authority to act on behalf of the governing body? . . . . . . . . . . . . . . . 8b X 9 Is there any officer,director,trustee,or key employee listed in Part VII,Section A,who cannot be reached at the organization's mailing address? If"Yes,”provide the names and addresses in Schedule O . 9 X Section B. Policies This Section B requests information about policies not required by the Internal Revenue Code. Yes No 10a Did the organization have local chapters,branches,or affiliates? . . . . . . . . . . . 10a X b If"Yes,"did the organization have written policies and procedures governing the activities of such chapters, affiliates,and branches to ensure their operations are consistent with the organization's exempt purposes? . . . IN X 11 a Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form?. 11a X b Describe in Schedule O the process, if any, used by the organization to review this Form 990. WI 12a Did the organization have a written conflict of interest policy?If"No,"go to line 13. . . . . . . . . . . . . 12a X b Were officers,directors,or trustees,and key employees required to disclose annually interests that could give rise to conflicts? 12b X c Did the organization regularly and consistently monitor and enforce compliance with the policy?If"Yes," describe in Schedule O how this was done. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12c X 13 Did the organization have a written whistleblower policy? . . . . . . . . . . . . . . . . . . . . . . . 13 X 14 Did the organization have a written document retention and destruction policy?. . . . . . . . . . . . . . 14 X 15 Did the process for determining compensation of the following persons include a review and approval by independent persons,comparability data,and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director,or top management official. . . . . . . . . . . . . . . . . 15a X b Other officers or key employees of the organization . . . . . . . . . . . . . . . . . . . . . . . . . 15b X If"Yes"to line 15a or 15b,describe the process in Schedule O(see instructions). 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16a X b If"Yes,"did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law,and take steps to safeguard the organization's exempt status with respect to such arrangements? . 16b X Section C Disclosure 17 List the states with which a copy of this Form 990 is required to be filed ► CA----------------------- ----------------------- 18 Section 6104 requires an organization to make its Forms 1023(or 1024 if applicable),990,and 990-T(Section 501(c)(3)s only) available for public inspection. Indicate how you made these available.Check all that apply. ❑ Own website ❑ Another's website ❑ upon request ❑ Other(explain in Schedule O) 19 Describe in Schedule O whether(and if so, how)the organization made its governing documents,conflict of interest policy,and financial statements available to the public during the tax year. 20 State the name,address,and telephone number of the person who possesses the organization's books and records: b- ---------- enn-is-Mor- --__gan Brown-- --- - -- ----------------------------- -------------------------------------------------- PO BOX 7088 San Bernardino CA 92410 Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 7 Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors Check if Schedule O contains a response or note to any line in this Part VII . . . . . . . . . . . . ❑ Section A Officers, Directors,Trustees, Key Employees, and Highest Compensated Employees 1 a Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. • List all of the organization's current officers,directors,trustees(whether individuals or organizations), regardless of amount of compensation. Enter-0-in columns(D),(E),and (F)if no compensation was paid. • List all of the organization's current key employees, if any. See instructions for definition of"key employee." • List the organization's five current highest compensated employees(other than an officer,director,trustee,or key employee) who received reportable compensation(Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC)of more than$100,000 from the organization and any related organizations. e List all of the organization's former officers, key employees,and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. e List all of the organization's former directors or trustees that received,in the capacity as a former director or trustee of the organization, more than$10,000 of reportable compensation from the organization and any related organizations. List persons in the following order: individual trustees or directors; institutional trustees;officers; key employees;highest compensated employees;and former such persons. ❑X Check this box if neither the organization nor any related organization compensated any current officer,director, or trustee. (c) Position (A) (B) (do not check more than one (D) (E) (F) Name and Title Average box,unless person is both an Reportable Reportable Estimated hours per officer and a director/trustee compensation compensation amount of week(list any o > 3 m x m from from related other hours for a a �_ `DC a s the organizations compensation related a " o» m organization (W-2/1099-MISC) from the organizations S `m_ o a m (W-2/1099-MISC) organization below dotted m °� 3 and related line) m 2 iS organizations N N d (1)_ Dennis Brown 30.00 President I X _(2)_ Bob Alvarez 25.00 ------------------------------------------- Treasure I X -_(3)__Willie Gamble----------------------------- --------15.00 Secretary X --(4)-------------------------------------------- ------------- 5 ------------ s ----------- -- -------------------------------------------- - 7 ----------- -- -------------------------------------------- - $ ------------ -- -------------------------------------------- - -0 ----------------------------------------------------------- 09)-------------------------------------------- ------------ 0j)-------------------------------------------- ------------- 0 ----------------------------------------------------------- 0 -------------------------------------------- ------------ -14)------ Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 8 Section A.Officers,Directors,Trustees, Key Em to ees,and Highest Compensated Employees continued (c) Position (A) (B) (do not check more than one (D) (E) (F) Name and title Average box,unless person is both an Reportable Reportable Estimated hours per officer and a director/trustee compensation compensation amount of week(list any o > > � m x m from from related other hours for a s a c 0 the organizations compensation related a m m organization (W-2/1099-MISC) from the organizations g d o (W-2/1099-MISC) organization m S below dotted � 2 � 3 and related line) y `� $ organizations ID CL 15)------------------------------------------- ------------ J16)------------------------------------------- ------------- 07)-------------------------------------------- ------------ ----------------------------------------------------------- ----------------------------------------------------------- ------------------------------------------ ------------ -------------------------------------------- ------------ -------------------------------------------- ------------ ?Z�---------------------------------------------------------- �23)----------------------------------------------------------- _(24�------------------------------------------- ------------ ?5)-------------------------------------------- --------------I I b Sub-total . . . . . . . . . . . . . . . . . . . . . . . . . . 11111. 0 0 0 c Total from continuation sheets to Part VII, Section A. . . . . . . . . . . P. 0 0 0 d Total add lines 1b and 1c . . ► 0 0 0 2 Total number of individuals(including but not limited to those listed above)who received more than$100,000 of reportable compensation from the organization ► 0 Yes No 3 Did the organization list any former officer, director,or trustee,key employee,or highest compensated employee on line 1a?If"Yes,"complete Schedule J for such individual . . . . . . . . . . . . . . . . . 3 X 4 For any individual listed on line 1 a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than$150,000?If"Yes,"complete Schedule J for such individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *4 X 5 Did any person listed on line 1 a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization?If"Yes,"complete Schedule J for such person . 5 Section B Independent Contractors 1 Complete this table for your five highest compensated independent contractors that received more than$100,000 of compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax ear. (A) (B) (C) Name and business address Description of services Compensation 0 0 0 0 0 2 Total number of independent contractors(including but not limited to those listed above)who received more than$100,000 of compensation from the organization ► 0 Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 9 Statement of Revenue Check if Schedule O contains a response or note to any line in this Part VIII. . . . . . . . . . . . . . ❑ (A) (B) (C) (0) Total revenue Related or Unrelated Revenue exempt business excluded from z 3 function revenue tax under sections revenue 512-514 AK 1a Federated campaigns . . . . . . . . 1a 0 ,f r ll b Membership dues . . . . . . . . . , lb 0 � t1 # E c Fundraising events. . . . . . . . . 1C 0 S 4 5 ;4 d Related organizations. . . . . . . . 1 d 0 v 'E a Government grants(contributions) . . . 1e 0 l h f All other contributions,gifts,grants,and similar amounts not included above. . . If 7,230 .z � f g g Noncash contributions included in lines 1 a-1f: $ 0 `s Q �� .� � � h Total.Add lines 1 a-1 f .No 7,230E Business Code .<'". 2a rrpgram_Services 624110 27,215 ------------------------ b 0 ----------------------------------------- C 0 it N d 0 ----------------------------------------- E e 0 CM f All other program service revenue . . . . 0 0 a` g Total.Add lines 2a-2f. P. 2 7,2 15 3 Investment income(including dividends,interest, and other similar amounts). . . . . . . . . . . . . . . ► 0 4 Income from investment of tax-exempt bond proceeds. . .► 0 5 Royalties. . . . . . . . . . ► 0 (i)Real (ii)Personal 6a Gross rents. . . . . . . b Less: rental expenses . c Rental income or(loss). . . 0 04-111 d Net rental income or(loss). . .10- 0 7a Gross amount from sales of (i)securities (ii)other ` assets other than inventory. 0 0 b Less:cost or other basis and sales expenses. 0 0 c Gain or(loss). . . . . . 0 0 d Net gain or(loss). . . . . . . . . . . . . . . . . ► 0 8a Gross income from fundraising m events(not including$ ____________ 0 of contributions reported on line 1 c). "a m See Part IV,line 18. . . . . . . . . . a 0 b Less:direct expenses . . . . . . . . . b 0 0 c Net income or(loss)from fundraising events. . ► 0 9a Gross income from gaming activities. See Part IV,line 19. . . . . . . . . . a 0 b Less:direct expenses . . . . . . . . . b 0 r. c Net income or(loss)from gaming activities . . . . . . . ► 0 10a Gross sales of inventory, less returns and allowances. . . . . . . . a 0 b Less:cost of goods sold . . . . . . . . b 0 c Net income or loss from sales of invento .► 0 Miscellaneous Revenue Business Code AWFUNA 11a 0 ----------------------------------------- b 0 ----------------------------------------- C 0 ----------------------------------------- d All other revenue. . . . . . . . 0 e Total.Add lines 11 a-11 d . . . . . . . . . . . . . . ► 0 12 Total revenue. See instructions. . ► 34,445 01 0 0 Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 10 Statement of Functional Expenses Section 501(c)(3)and 501(c)(4)organizations must complete all columns. All other organizations must complete column(A). Check if Schedule 0 contains a response or note to any line in this Part IX. . . . . . . . . . . . . . . . ❑ Do not include amounts reported on lines 6b, 7b, (A) (B) (c) (o) Total expenses Program service Management and Fundraising $b, 9b,and 10b of Part Vlll. expenses general expenses expenses 1 Grants and other assistance to domestic organizations Nt MM domestic governments. See Part IV, line 21 . 0 � ..m � _ , .. 2 Grants and other assistance to domestic individuals.See Part IV, line 22 . . . . . . . . . 1,000 1,000 3 Grants and other assistance to foreign . , organizations,foreign governments,and foreign � � individuals.See Part IV, lines 15 and 16 . . . . . . 0 ni 4 Benefits paid to or for members. . . . . . . . . 0 MWf, J, 5 Compensation of current officers,directors, trustees,and key employees . . . . . . . . . . 0 6 Compensation not included above,to disqualified persons(as defined under section 4958(f)(1))and persons described in section 4958(c)(3)(B) . . . . . 0 7 Other salaries and wages. . . . . . . . . . . . 5,200 3,900 1,000 300 8 Pension plan accruals and contributions(include section 401(k)and 403(b)employer contributions) . 0 9 Other employee benefits. . . . . . . . . . . . 0 10 Payroll taxes . . . . . . . . . . . . . . . . . 0 11 Fees for services(non-employees): a Management. . . . . . . . . . . . . . . . . 0 b Legal . . . . . . . . . . . . . . . . 0 c Accounting. . . . . . . . . . . . . . . . . 275 206 169 d Lobbying . . . . . . . . . . . . . . . . . . 0 e Professional fundraising services. See Part IV,line 17. . . 0 ,x;% <,u , � , • f Investment management fees . . . . . . . . . 0 g Other.(If line 11g amount exceeds 10%of line 25,column (A)amount,list line 11g expenses on Schedule 0.) 0 12 Advertising and promotion . . . . . . . . . . . 600 425 100 75 13 Office expenses . . . . . . . . . . . . 414 311 113 14 Information technology . . . . . . . . . . 0 15 Royalties. . . . . . . . . . . . . . . . . . 0 16 Occupancy. . . . . . . . . . . . . . . . . 1,349 1,049 300 17 Travel . . . . . . . . . . . . . . . . . . . 1,414 1,004 410 18 Payments of travel or entertainment expenses for any federal,state,or local public officials. . . . 0 19 Conferences,conventions, and meetings. . . . . . 0 20 Interest. . . . . . . . . . . . . . . . . . . 0 21 Payments to affiliates. . . . . . . . . . . . . 0 22 Depreciation,depletion,and amortization . 01 0 0 0 23 Insurance. . . . . . . . . . . . . . . . . . 3251 200 125 24 Other expenses. Itemize expenses not covered above(List miscellaneous expenses in line 24e. If line 24e amount exceeds 10%of line 25, column (A)amount,list line 24e expenses on Schedule 0.) a Utilities/telephone 616 410 206 b Repairs/Maintenance 717 605 112 --- --------- c Consultants 19,200 14,400 4,800 --------------------------------------------------- d bank fees 120 80 30 --------------------------------------------------- e All other expenses bank fees_____________________ 0 25 Total functional ex enses.Add lines 1 throu h 24e. 31,230 23,590 7,365 375 26 Joint costs.Complete this line only if the organization reported in column(B)joint costs from a combined educational campaign and fundraising solicitation.Check here 0-El if following SOP 98-2(ASC 958-720 . Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative ative Toward Children, Inc 68-0544585 Page 11 117111�Blance Sheet Check if Schedule O contains a response or note to any line in this Part X. . . . . . . . . . . . . . . . . ❑ (A) (B) Beginning of year End of year 1 Cash—non-interest-bearing . . . . . . . . . . . . . . . . . . 908 1 1,109 2 Savings and temporary cash investments . . . . . . . . . . . . . 2 3 Pledges and grants receivable, net. . . . . . . . . . . . . . . 0 3 0 4 Accounts receivable,net. . . . . . . . . . . . . . . . . . . 0 4 0 5 Loans and other receivables from current and former officers,directors, t r r �, �.€�^�i' trustees,key employees,and highest compensated employees. � Complete Part II of Schedule L . . . . . . . . . . . . . . . . . 5 6 Loans and other receivables from other disqualified persons(as defined under section 4958(0(1)),persons described in section 4958(c)(3)(B),and contributing employers and sponsoring organizations of section 501(c)(9)voluntary employees'beneficiary organizations(see instructions).Complete Part II of Schedule L.. . . . . . . . . . 6 H 7 Notes and loans receivable, net. . . . . . . . . . . . . . . . 0 7 0 a 8 Inventories for sale or use . . . . . . . . . . . . . . . . . . . 8 9 Prepaid expenses and deferred charges . . . . . . . . . . . . . 9 10a Land,buildings,and equipment:cost or other basis.Complete Part VI of Schedule D 10a 0 b Less:accumulated depreciation . . . . . 10b 0 0 10c 0 11 Investments—publicly traded securities . . . . . . . . . . . . . 0 11 0 12 Investments—other securities.See Part IV, line 11 . . . . . . . . . 0 12 0 13 Investments—program-related.See Part IV, line 11 . . . . . . . . . 0 13 0 14 Intangible assets. . . . . . . . . . . . . . . . . . . . . . 0 14 0 15 Other assets. See Part IV, line 11 . . . . . . . . . . . . . . . . 0 15 0 16 Total assets.Add lines 1 through 15 must equal line 34 908 16 1,109 17 Accounts payable and accrued expenses. . . . . . . . . . . . . 17 18 Grants payable. . . . . . . . . . . . . . . . . . . . . . . 18 19 Deferred revenue. . . . . . . . . . . . . . . . . . . . . . 19 20 Tax-exempt bond liabilities. . . . . . . . . . . . . . . . . . 20 21 Escrow or custodial account liability. Complete Part IV of Schedule D . 21 d 22 Loans and other payables to current and former officers,directors, trustees, key employees,highest compensated employees,and disqualified persons.Complete Part II of Schedule L. . . . . . . . 22 23 Secured mortgages and notes payable to unrelated third parties. 0 23 0 24 Unsecured notes and loans payable to unrelated third parties. . . . . 0 24 0 25 Other liabilities(including federal income tax, payables to related third parties,and other liabilities not included on lines 17-24). Complete Part X of Schedule D. . . . . . . . . . . . . . . . . . . . 0 25 0 26 Total liabilities.Add lines 17 through 25 . . 0 26 0 y Organizations that follow SFAS 117(ASC 958),check here►❑ and complete lines 27 through 29,and lines 33 and 34. coo 27 Unrestricted net assets . . . . . . . . . . . . . . . . . . . . 27 m 28 Temporarily restricted net assets. . . . . . . . . . . . . . . . 28 29 Permanently restricted net assets. . . . . . . . . . . . . . . . 29 Li Organizations that do not follow SFAS 117(ASC958),check here ► ❑and L- 0 complete lines 30 through 34. N w 30 Capital stock or trust principal,or current funds. . . . . . . . . . 30 a 31 Paid-in or capital surplus,or land, building,or equipment fund . . . . . 31 32 Retained earnings,endowment, accumulated income,or other funds. 908 32 1,109 Z 33 Total net assets or fund balances. . . . . . . . . . . . . . . . 908 33 1110-9 34 Total liabilities and net assets/fund balances._._. 908 34 1 109 Form 990(2014) 2015-133 Form 990(2014) Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 12 Reconciliation of Net Assets Check if Schedule O contains a response or note to any line in this Part XI . . . . . . . . . . . . . . ❑ 1 Total revenue(must equal Part VIII, column(A), line 12) . . . . . . . . . . . . . . . . . . . 1 34,445 2 Total expenses(must equal Part IX,column(A), line 25). . . . . . . . . . . . . . . . . . . 2 31,230 3 Revenue less expenses. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . 3 3,215 4 Net assets or fund balances at beginning of year(must equal Part X, line 33, column(A)). . . . . . 4 908 5 Net unrealized gains(losses)on investments . . . . . . . . . . . . . . . . . . . . . . . 5 6 Donated services and use of facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Investment expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Prior period adjustments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Other changes in net assets or fund balances(explain in Schedule O). . . . . . . . . . . . 9 10 Net assets or fund balances at end of year.Combine lines 3 through 9(must equal Part X, line 33, column B 10 4,123 Financial Statements and Reporting Check if Schedule O contains a response or note to any line in this Part XII . . . . . . . . . . . . . ❑ Yes No 1 Accounting method used to prepare the Form 990: ❑X Cash ❑Accrual ❑ Other If the organization changed its method of accounting from a prior year or checked"Other,"explain in r Schedule O. = 2a Were the organization's financial statements compiled or reviewed by an independent accountant? . . . . . . 2a X If"Yes,"check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis,or both: ❑Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? . . . . . . . . . . . . 2b X If"Yes,"check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: ❑ Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis c If"Yes"to line 2a or 2b,does the organization have a committee that assumes responsibility for oversight of „r the audit, review,or compilation of its financial statements and selection of an independent accountant? . . . . 2c X If the organization changed either its oversight process or selection process during the tax year,explain in Schedule 0. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-133? . . . . . . . . . . . . . . . . . . . . . . . . . . . 3a X b If"Yes,"did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits,explain why in Schedule O and describe any steps taken to undergo such audits. 3 X Form 990(2014) 2015-133 A L SCHEDUE OMB No.1545-0047 (Form DU E 990-EZ) Public Charity Status and Public Support Complete if the organization is a section 501(c)(3)organization or a section 2014 4947(a)(1)nonexempt charitable trust. Department of the Treasury ►Attach to Form 990 or Form 990-EZ. •• ' internal Revenue Service 1 ► Information about Schedule A Form 990 or 990-EZ and its instructions Is at www.irs. ov/form990. • • Name of the organization Employer Identification number Inter-Prevention Meaningfully Intercepting the Negative Toward Children Inc 1 68-0544585 Reason for Public Charity Status All organizations must complete this art. See instructions. The 0r anization is not a private foundation because it is:(For lines 1 through 11,check only one box.) 1 M A church,convention of churches,or association of churches described in section 170(b)(1)(A)(1). 2 ❑A school described in section 170(b)(1)(A)(ii).(Attach Schedule E.) 3 ❑A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)(iii). 4 ❑ A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(iii). Enter the hospital's name,city, and state: 5 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1)(A)(iv).(Complete Part 11.) 6 ❑ A federal,state,or local government or governmental unit described in section 170(b)(1)(A)(v). 7 ❑X An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi).(Complete Part II.) S ❑ A community trust described in section 170(b)(1)(A)(vi).(Complete Part 11.) 9 ❑ An organization that normally receives: (1)more than 33 1/3%of its support from contributions, membership fees,and gross receipts from activities related to its exempt functions—subject to certain exceptions,and(2)no more than 33 1/3%of its support from gross investment income and unrelated business taxable income(less section 511 tax)from businesses acquired by the organization after June 30, 1975. See section 509(a)(2).(Complete Part 111.) 10 ❑ An organization organized and operated exclusively to test for public safety. See section 509(a)(4). 11 ❑ An organization organized and operated exclusively for the benefit of,to perform the functions of,or to carry out the purposes of one or more publicly supported organizations described in section 509(a)(1)or section 509(a)(2). See section 509(a)(3). Check the box in lines 11 a through 11 d that describes the type of supporting organization and complete lines 11 e, 11 f,and 11 g. a ❑ Type I.A supporting organization operated, supervised,or controlled by its supported organization(s),typically by giving the supported organization(s)the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization.You must complete Part IV, Sections A and B. b ❑ Type II.A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s).You must complete Part IV,Sections A and C. C ❑ Type III functionally integrated.A supporting organization operated in connection with,and functionally integrated with, its supported organization(s)(see instructions).You must complete Part IV,Sections A, D, and E. d ❑ Type III non-functionally integrated.A supporting organization operated in connection with its supported organization(s) that is not functionally integrated.The organization generally must satisfy a distribution requirement and an attentiveness requirement(see instructions).You must complete Part IV, Sections A and D,and Part V. e ❑ Check this box if the organization received a written determination from the IRS that it is a Type I,Type 11,Type III functionally integrated,or Type III non-functionally integrated supporting organization. f Enter the number of supported organizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Provide the following information about the supp orted or anizations . (1)Name of supported organization (ii)EIN (III)Type of organization (iv)Is the organization (v)Amount of monetary (vi)Amount of (described on lines 1-9 listed in your governing support(see other support(see above or IRC section document? instructions) instructions) (see instructions)) Yes No (A) (B) (C) (D) (E) Total 0 0 For Paperwork Reduction Act Notice,see the Instructions for Schedule A(Form 990 or 990-E2)2014 Form 990 or 990-EZ. HTA 2015-133 Schedule A (Form 990 or 990-EZ)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 2 Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.) Section A.Public Support Calendar year(or fiscal year beginning in) (a)2010 (b)2011 (c)2012 (d)2013 (e)2014 Total 1 Gifts, grants,contributions,and membership fees received.(Do not include any"unusual grants."). . . . . 0 2 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf. . . . . . . . . . . . . 0 3 The value of services or facilities furnished by a governmental unit to the organization without charge. . . . . . 0 4 Total.Add lines 1 through 3 . . . . 0 0 0 0 0 0 5 The portion of total contributions by each person(other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% ' of the amount shown on line 11, column(0 . . . . . . . . . . . � �" 6 Public support.Subtract line 5 from line 4 L7, ill , ,<. ,. . . RIM 0 Section B.Total Support Calendar year(or fiscal year beginning in) (a)2010 (b)2011 (0 2012 (d)2013 (0 2014 Total 7 Amounts from line 4. . . . . . . . . 0 0 0 0 0 0 8 Gross income from interest,dividends, payments received on securities loans, rents, royalties and income from similar sources. . . . . . . . . . . . . . 0 9 Net income from unrelated business activities,whether or not the business is regularly carried on. . . . . . . . . 0 10 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.). . . . . . . . . 0 11 Total support.Add lines 7 through 10. 0 12 Gross receipts from related activities,etc.(see instructions). . . . . . . . . . . . . . . . . . . . 12 13 First five years.If the Form 990 is for the organization's first,second,third,fourth,or fifth tax year as a section 501(c)(3) organization,check this box and stop here. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .► Section C. Computation of Public Support Percentage 14 Public support percentage for 2014(line 6,column(f)divided by line 11,column(0). . . . . . . . . . . . 14 0.00% 15 Public support percentage from 2013 Schedule A, Part II,line 14. . . . . . . . . . . . . . . . . . . 15 0.00% 16a 33 113%support test-2014.If the organization did not check the box on line 13,and line 14 is 33 1/3%or more,check this box and stop here.The organization qualifies as a publicly supported organization. . . . . . . . . . . . . . . . . . . . . . . . . . . . ► b 33 1/3%support test-2013.If the organization did not check a box on line 13 or 16a,and line 15 is 33 1/3%or more,check this box and stop here.The organization qualifies as a publicly supported organization. . . . . . . . . . . . . . . . . . . . . . . . . . ► 17a 10%-facts-and-circumstances test-2014.If the organization did not check a box on line 13, 16a,or 16b,and line 14 is 10%or more,and if the organization meets the"facts-and-circumstances"test,check this box and stop here.Explain in Part VI how the organization meets the"facts-and-circumstances"test.The organization qualifies as a publicly supported organization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►❑ b 10%-facts-and-circumstances test-2013.If the organization did not check a box on line 13,16a,16b,or 17a,and line 15 is 10%or more,and if the organization meets the"facts-and-circumstances"test,check this box and stop here. Explain in Part VI how the organization meets the"facts-and-circumstances"test.The organization qualifies as a publicly supported organization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►❑ 18 Private foundation.If the organization did not check a box on line 13, 16a, 16b, 17a,or 17b,check this box and see instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►0 Schedule A(Form 990 or 990-EZ)2014 2015-133 Schedule A(Form 990 or 990-EZ)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 68-0544585 Page 3 Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part Il. Section A. Public Su ort Calendar year(or fiscal year beginning in) a 2010 b 2011 c 2012 d 2013 a 2014 Total 1 Gifts,grants,contributions,and membership fees received.(Do not include any"unusual grants.") 2 Gross receipts from admissions,merchandise sold or services performed,or facilities furnished in any activity that is related to the organization's tax-exempt purpose. . . . . 3 Gross receipts from activities that are not an unrelated trade or business under section 513. 4 Tax revenues levied for the organization's benefit and either paid to or expended on 0 its behalf. . . . . . . . . . . . . 5 The value of services or facilities fumished by a governmental unit to the 0 organization without charge. . . . . . 6 Total.Add lines 1 through 5. . . . . . 0 0 0 0 0 0 7a Amounts included on lines 1,2,and 3 0 received from disqualified persons. . . b Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of$5,000 or 1%of the 0 amount on line 13 for the year. . . . . c Add lines 7a and 7b. . . . . . . 0 0 0 0 0 0 8 Public support(Subtract line 7c from s " line 6.) . � � P .,'mss , t 0 �r, Section B. Total Support Calendar year(or fiscal year beginning in) a 2010 b 2011 c 2012 d 2013 a 2014 Total 9 Amounts from line 6. . . . . . . . . 0 0 0 0 0 0 10a Gross income from interest,dividends, payments received on securities loans, 0 rents,royalties and income from similar sources. b Unrelated business taxable income(less section 511 taxes)from businesses 0 acquired after June 30,1975 . . . . . c Add lines 10a and 10b. . . . . . . . 0 0 0 0 0 0 11 Net income from unrelated business activities not included in line 10b,whether 0 or not the business is regularly carried on. 12 Other income.Do not include gain or loss from the sale of capital assets 0 (Explain in Part VI.). . . . . . . . . 13 Total support.(Add lines 9, 10c,11, and 12.). . . . . . . . . . . . . 0 0 0 0 01 0 14 First five years.If the Form 990 is for the organization's first,second,third,fourth,or fifth tax year as a section 501(c)(3) ►El organization,check this box and stop here. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section C. Computation of Public Support Percentage 15 Public support percentage for 2014(line 8,column(f)divided by line 13,column(f)). . . . . . . . . . . . 15 0.00% 16 Public support percentage from 2013 Schedule A,Part III,line 15. 16 0.00% Section D. Computation of Investment Income Percenta e 17 Investment income percentage for 2014(line 10c,column(f)divided by line 13,column(f)). . . . . . . . . 17 0.00% 18 Investment income percentage from 2013 Schedule A,Part III,line 17. . . . . . . . . . . . . . . . . 18 0.00% 19a 33 1/3%support tests-2014.If the organization did not check the box on line 14,and line 15 is more than 33 1/3%,and line 17 is not more than 33 1/3%,check this box and stop here.The organization qualifies as a publicly supported organization. . . . . . . . . . . . .11111. ❑ b 33 1/3%support tests-2013.If the organization did not check a box on line 14 or line 19a,and line 16 is more than 33 1/3%,and line 18 is not more than 33 1/3%,check this box and stop here.The organization qualifies as a publicly supported organization. . . . . . . . .►❑ 20 Private foundation.If the organization did not check a box on line 14, 19a,or 19b,check this box and see instructions. . . . . . . . . . . . ►0 Schedule A(Form 990 or 990-EZ)2014 2015-133 Schedule (Form 990 or 990-EZ)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc ;8-0544585 P.g.4 Supporting Organizations (Complete only if you checked a box on line 11 of Part I. If you checked 1 l of Part I, complete Sections A and B. If you checked 11 b of Part I, complete Sections A and C. If you checked 11c of Part I, complete Sections A D and E If you checked 11 d of Part I complete Sections A and D and complete Part V.) Section A. All Supporting Organizations Yes No 1 Are all of the organization's supported organizations listed by name in the organization's governing J; documents? if "No,"describe in Part VI how the supported organizations are designated. if designated by class or purpose, describe the designation. If historic and continuing relationship, explain. 2 Did the organization have any supported organization that does not have an IRS determination of status ° under section 509(a)(1)or(2)? If"Yes,"explain in Part VI how the organization determined that the supported k . organization was described in section 509(a)(1)or(2). 2 3a Did the organization have a supported organization described in section 501(c)(4),(5),or(6)?If"Yes,"answer . (b)and(c)below. 3a b Did the organization confirm that each supported organization qualified under section 501(c)(4),(5), or(6)and - satisfied the public support tests under section 509(a)(2)?If "Yes,"describe in Part VI when and how the organization made the determination. 3b C Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2) (B)purposes? If "Yes,"explain in Part VI what controls the organization put in place to ensure such use. 3c 4a Was any supported organization not organized in the United States("foreign supported organization")?If "Yes"and if you checked 11 a or 11 b in Part I, answer(b)and(c)below. 4a b Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign � . supported organization?If"Yes,"describe in Part VI how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations. 4b C Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3)and 509(a)(1)or(2)? If"Yes,"explain in Part VI what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(8) M n purposes. 4c 5a Did the organization add, substitute,or remove any supported organizations during the tax year?If "Yes," '1r42 answer(b)and(c)below(if applicable).Also,provide detail in Part Vl, including(i) the names and EIN numbers of the supported organizations added, substituted, or removed, (ii)the reasons for each such action, (iii) the authority under the organization's organizing document authorizing such action, and(iv)how the action was accomplished(such as by amendment to the organizing document). 5a b Type I or Type II only.Was any added or substituted supported organization part of a class already designated in the organization's organizing document? 5b c Substitutions only.Was the substitution the result of an event beyond the organization's control? 5c 6 Did the organization provide support(whether in the form of grants or the provision of services or facilities)to anyone other than(a)its supported organizations;(b)individuals that are part of the charitable class benefited by one or more of its supported organizations;or(c)other supporting organizations that also support or benefit one or more of the filing organization's supported organizations?If"Yes,"provide detail in m Part Vl. 6 7 Did the organization provide a grant, loan,compensation,or other similar payment to a substantial contributor(defined in IRC 4958(c)(3)(C)),a family member of a substantial contributor,or a 35-percent controlled entity with regard to a substantial contributor?If"Yes,"complete Part I of Schedule L(Form 990). 7 8 Did the organization make a loan to a disqualified person(as defined in section 4958)not described in line 7? If"Yes,"complete Part I of Schedule L(Form 990). 8 9a Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons as defined in section 4946(other than foundation managers and organizations described in section 509(a)(1)or(2))?If"Yes,"provide detail in Part Vt. 9a b Did one or more disqualified persons(as defined in line 9(a))hold a controlling interest in any entity in which the supporting organization had an interest?If"Yes,"provide detail in Part VI. 9b c Did a disqualified person(as defined in line 9(a))have an ownership interest in,or derive any personal benefit from, assets in which the supporting organization also had an interest? If"Yes,"provide detail in Part VI. 9c 10a Was the organization subject to the excess business holdings rules of IRC 4943 because of IRC 4943(f) (regarding certain Type II supporting organizations,and all Type III non-functionally integrated supporting organizations)?If"Yes,"answer(b)below. 10a qM b Did the organization have any excess business holdings in the tax year? (Use Schedule C,Form 4720, to determine whether the organization had excess business holdings.) 10b Schedule A(Form 990 or 990-EZ)2014 2015-133 Schedule A(Form 990 or 990-EZ)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 0544585 Page 5 Supporting Organizations continued Yes No 11 Has the organization accepted a gift or contribution from any of the following persons? ' r° a A person who directly or indirectly controls, either alone or together with persons described in(b)and(c) below,the governing body of a supported organization? 11a X b A family member of a person described in(a)above? 11b X c A 35%controlled entity of a person described in a orb above? If"Yes"to a b or c provide detail in Part VI. 11c X Section B. Type I Supporting Organizations Yes No 1 Did the directors,trustees, or membership of one or more supported organizations have the power to A regularly appoint or elect at least a majority of the organization's directors or trustees at all times during the tax year? If"No,"describe in Part Vl how the supported organization(s)effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove directors or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. 1 2 Did the organization operate for the benefit of any supported organization other than the supported organization(s)that operated, supervised,or controlled the supporting organization?If"Yes,"explain in Part ' VI how providing such benefit carried out the purposes of the supported organization(s)that operated, supervised, or controlled the supporting organization. 2 Section C. Type 11 Supporting Organizations Yes No 1 Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)?If"No,"describe in Part VI how control or management of the supporting organization was vested in the same persons that controlled or managed _ . the supported or anizations . 1 Section D. All Type III Supporting Organizations JYesJ No 1 Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year,(1)a written notice describing the type and amount of support provided during the prior tax year, (2)a copy of the Form 990 that was most recently filed as of the date of notification,and(3)copies of the organization's governing documents in effect on the date of notification,to the extent not previously provided? 1 2 Were any of the organization's officers,directors,or trustees either(i)appointed or elected by the supported organization(s)or(ii)serving on the governing body of a supported organization?If "No,"explain in Part VI how the organization maintained a close and continuous working relationship with the supported organization(s). 2 3 By reason of the relationship described in(2), did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year?If"Yes,"describe in Part VI the role the organization's ° supported or anizations played in this regard. 3 Section E Type III Functionally-integrated Supporting Organizations - 1 Check the box next to the method that the organization used to satisfy the Integral Part Test during the year(see instructions): a ❑ The organization satisfied the Activities Test. Complete line 2 below. b ❑ The organization is the parent of each of its supported organizations. Complete line 3 below. c ❑ The organization supported a governmental entity.Describe in Part VI how you supported a government entity(see instructions). 2 Activities Test.Answer(a)and(b)below. *YesNo a Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s)to which the organization was responsive?If"Yes,"then in Part VI identify those supported organizations and explain how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities. 2 b Did the activities described in(a)constitute activities that,but for the organization's involvement,one or more of the organization's supported organization(s)would have been engaged in?If"Yes,"explain in Part VI the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organization's involvement. 2b 3 Parent of Supported Organizations.Answer(a)and(b)below. a Did the organization have the power to regularly appoint or elect a majority of the officers,directors,or trustees of each of the supported organizations?Provide details in Part VI. 3a b Did the organization exercise a substantial degree of direction over the policies, programs,and activities of each of its suppo rted organizations?If"Yes "describe in Part V1 the role played by the organization in this regard. 3b Schedule A(Form 990 or 990-EZ)2014 2015-133 Schedule A(Form 990 or 990-E7)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 0544585 Page 6 Type III Non Functionally Integrated 509(a)(3) Supporting Organizations 1 F1 Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970. See instructions.All other Type III non-functionally integrated supporting organizations must com lete Sections A through E. (B)Current Year Section A-Adjusted Net Income (A)Prior Year (optional) 1 Net short-term ca ital ain 1 2 Recoveries of prior-year distributions 2 3 Other gross income see instructions 3 4 Add lines 1 through 3 4 0 0 5 Depreciation and depletion 5 6 Portion of operating expenses paid or incurred for production or collection of gross income or for management,conservation,or maintenance of property held for production of income see instructions 6 7 Other expenses see instructions 7 8 Adjusted Net Income subtract lines 5 6 and 7 from line 4 8 0 0 Section B-Minimum Asset Amount (A)Prior Year (B)Current Year o tional 1 Aggregate fair market value of all non-exempt-use assets(see �9 y x ` instructions for short tax year or assets held for part of year): a Average monthly value of securities 1a b Average monthly cash balances lb c Fair market value of other non-exempt-use assets 1c d Total add lines 1a 1b and 1c 1d 0 0 e Discount claimed for blockage or other ' ,> factors(explain in detail in Part V11): - s 2 Acquisition indebtedness applicable to non-exempt-use assets 2 3 Subtract line 2 from line 1d 3 0 0 4 Cash deemed held for exempt use. Enter 1-1/2%of line 3(for greater amount, see instructions). 4 0 0 5 Net value of non-exempt-use assets subtract line 4 from line 3 5 0 0 6 Multiply line 5 by.035 6 0 0 7 Recoveries of prior-year distributions 7 0 0 8 Minimum Asset Amount add line 7 to line 6 8 0 0 Section C-Distributable Amount Current Year 1 Adjusted net income for prior year from Section A line 8 Column A 1 0 2 Enter 85%of line 1 2 0 3 Minimum asset amount for prior year from Section B line 8 Column A 3 0 4 Enter greater of line 2 or line 3 4 0 5 Income tax imposed in prior year 5 6 Distributable Amount.Subtract line 5 from line 4,unless subject to emergency temporary reduction see instructions 6 0 7 Check here if the current year is the organization's first as a non-functionally-integrated Type III supporting organization(see instructions) Schedule A(Form 990 or 990-EZ)2014 2015-133 Schedule (Form 990 or 990-EZ)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc 3-0544585 Page 7 ff!� T ype III Non-Functional) Inte rated 509(a)(3)Supportingi Organizations continued Section D-Distributions Current Year 1 Amounts paid to supported or anizations to accomplish exempt purposes 2 Amounts paid to perform activity that directly furthers exempt purposes of supported or anizations in excess of income from activity 3 Administrative expenses paid to accomplish exempt purposes of supported organizations 4 Amounts paid to acquire exempt-use assets 5 Qualified set-aside amounts rior IRS approval required) 6 Other distributions describe in Part VI).See instructions. 7 Total annual distributions.Add lines 1 through 6. 0 8 Distributions to attentive supported organizations to which the organization is responsive - (provide details in Part VI).See instructions. 9 Distributable amount for 2014 from Section C line 6 0 10 Line 8 amount divided by Line 9 amount 0.000 (i) (iii) Section E-Distribution Allocations(see instructions) Excess Distributions Underdistributions Distributable Pre-2014 Amount for 2014 1 Distributable amount for 2014 from Section C line 6 2 Underdistributions, if any,for years prior to 2014: - ~ reasonable cause required-see instructions f; 3 Excess distributions carryover, if anv,to 2014: Q a F' i ,kfi b C d - °:°� ?.� .,.p e From 2013. .a f Total of lines 3a through e 0 Applied to underdistributions of prior years 0 h Applied to 2014 distributable amount 0 i Carryover from 2009 not applied see instructions Remainder.Subtract lines 3q,3h and 31 from 3f. 0 4 Distributions for 2014 from Section D line 7: $ 0 a Applied to underdistributions of prior years 0 b Applied to 2014 distributable amount 0 c Remainder.Subtract lines 4a and 4b from 4. 0 5 Remaining underdistributions for years prior to 2014 if any. Subtract lines 3g and 4a from line 2(if amount greater than zero see instructions). 0 6 Remaining underdistributions for 2014.Subtract lines 3h and 4b from line 1 (if amount greater than zero,see instructions). 0 7 Excess distributions carryover to 2015.Add lines 3j and 4c. 0 8 Breakdown of line 7: a b C d Excess from 2013. 0 e Excess from 2014. 0 Schedule A(Form 990 or 990-EZ)2014 2015-133 Schedule A(Form 990 or 990-EZ)2014 Inter-Prevention Meaningfully Intercepting the Negative Toward Children, Inc •0544585 Page 8 Supplemental Information. Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III line 12 Also complete this part for any additional information. (See instructions). ----------------------------------------------------------------------- ------------------------------------------------------------------------ ----------------------------------------------------------------------- ---------------------------------------------------------------------------- ------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------ Schedule A(Form 990 or 9WE2)20114 2015-Z 33 SCHEDULE o Supplemental Information to Form 990 or 990-EZ OMB"1;545�W-OO47(Form 990 or 990-EZ) Complete to provide information for responses to specific questions on 0Form 990 or 990-EZ or to provide any additional information. ►Attach to Form 990 or 990-EZ. Department of the Treasury ► information about Schedule O(Form 990 or 990-EZ)and its instructions is at www.irs.gov 1form990. Internal Revenue Service Employer identification number Name of the organization Inter-Prevention MeaningfulIV Intercepting the Negative Toward Children Inc 68-0544585 ---------------------------------------------------------------------------- ----------------------------------------------------------------------------- --------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- ------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- - For Paperwork Reduction Act Notice,see the Instructions for Form 990 or 990-EZ. Schedule O(Form 990 or 990-EZ)(2014) HTA 20l5—l33 Schedule 0(Form 990 or 990-EZ)(2014) --Page 2 Name of the organization Employer identification number InteL-!P�reven,tLi,fojIn,Mlyleaningfully Intercepting the Negative Toward Children, Inc 168-0544585 ---'_----_-----------_----------------_-----_---------------_ ------------------------------------------------------------- --—'--------------------------------------------------------- ------------------------------------------------------------- --—'--------------------------------------------------------- ------------------------------------------------------------- _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- --- _____________________________________________________________ ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- _____________________________________________________________ ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- Schedule 0(Form 990 or 990-EZ)(2014) 2015-133 part VIII, Lines la-h (990) - Contributions, Gifts, Grants, and Other Amounts Cash Noncash 1 Federated Campaigns . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Membership dues. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Fundraising events. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Related organizations. . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Government grants(contributions) . . . . . . . . . . . . . . . . . . . . . 5 6 All other contributions,gifts,grants,and similar amounts not included above: Contribution 7,230 Other contributions total . . . . . . . . . . . . . . . . . . . . . . . . . 6 7,230 0 7 Total . 7 7,230 0 2015-133 j. .545-0047 SCHEDULE O Supplemental Information to Form 990 or 990-EZ P.(Form 990 or 990-EZ) Complete to provide information for responses to specific questions on Form 990 or 990-EZ or to provide any additional information. Attach to Form 990 or 990-EZ.Department of the Treasury Information about Schedule O(Form 990 or 990-EZ)and its instructions is at www.lrs.gov/form990. • internal Revenue service Employer Identification number Name of the organization Inter-Prevention Meaningfully Intercepting the Negative Toward Children Inc 68-0544585 Form 990 Part I Line 1_Pr9videy_outh&children social services,_anti_drug&_gang_programs._____________________________________ Throu h volunteers in community_offer_music_training,_iob training,offer motivational-------------------------------------------- workshops; and family_serv_ices to low income individuals.------------------------------------------------------------- ------- - For 990 Part VI Section B Line 11A&B During_annual board meetings we review form 990-with--------------------------------- membership and_generealpublic-------------------------------------------------------------------------------------------- Form 990 Part VI Section B Line 12 A&B The organization has_a conflict of interestpolicy_______________________________________ Members nor ke y ersons aware not to disclose annual interests that may bring rise to----------------------------------------- - -- conflicts. ------------------------------------------------------------- Form 990 Part VI Section B Line 15A&B The process for determining compensation did_include a-------------------------------- review and approval by independent persons_Designated persons meet guarterly to_rev_iew._____________________________________ Form 990 Part VI_Section C Line 19 The organization conducts annual board of directors--------------------------------------- meetings witht the_public and members to review financial statements and conflict of interest____________________________________ olicies. ------------------------ p----------------------------------------------------------------------------------------- --- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- ------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- --------------------------------------------------------------- -------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------ ------------------------------------------------------------- ------------------------------------------------------------- For Paperwork Reduction Act Notice,see the Instructions for Form 990 or 990-EZ. Schedule O(Porto 990 or 990-EZ)(201 HTA 28l5—l33 Page 2 Schedule 0(Form 9go or 990-EZ)(20`13) Eml.—y.r�Id.-Ufiraf!-O--number -Name ot the organizabot, 0, Inter- revention Meaningfully Intercepting the Nega ive Toward Children, Inc --- 678-0544585 __-'_—_---------------_----------_--------------_--_--_—_--_-- ---'---_--_—_--------------------_—_---_--------------------_ '------------------------------------------------------------- ----------------------------------------------- -------------------------------------------------------------------------- ----------------------------------------------- -------------------------------------------------------------------------- ----------------------------------------------- -------------------------------------------------------------------------- ------------------------------------------------------------- --_—_----_----------_-----_--_--_---_---_-------_--_--------- ------------------------------------------------------------- ------------------------------------------------------------- _____________________________________________________________ _____________________________________________________________ ������������������������������������������������������������� ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ----------------------------------------------------------- -------------------------------------------------------------- ------------------------------------------------------------- ----------------------------------------------------------- -------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- ------------------------------------------------------------- Schedule 0(Form 990 or 990-EZ)(2013) 2015-133 ■ TAXABLE YEAR FORM California Exempt Organization 2014 Annual Information Return 199 Calendar Year 2014 or fiscal year beginning(mm/dd/yyyy) and ending(mm/dd/yyyy) Corporation/Organization name California corporation number INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGA C2458429 Additional information.See instructions. FEIN 68-0544585 Street address(suite or room) PMB no. PO BOX 7088 City State Zip code SAN BERNARDINO r A 92411 Foreign country name Foreign province/state/county Foreign postal code A First Return.. . .. .. . ... .. . . . .. . .. . . . .. .. . . . . .. ❑Yes ® No J If exempt under R&TC Section 23701d,has the organization B Amended Return. .. . . ... . .. ... . .. . . . . . .. . . . . ..�❑Yes R No engaged in political activities?See instructions. . .. .O❑Yes R No C IRC Section 4947(a)(1)trust.. ... .. . .. ... . . . . . . . . ❑Yes R No K Is the organization exempt under R&TC Section 23701g?.......*❑Yes R No D Final Information Return? •❑ Dissolved •❑Surrendered(Withdrawn) If"Yes,"enter the gross receipts from nonmember sources.....$ •❑ Merged/Reorganized L If organization is exempt under R&TC Section 23701d and Enter date:(mm/dd/yyyy) • meets the filing fee exception,check box. E Check accounting method: (1)R Cash (2) ❑Accrual (3) ❑Other No filing fee is required. . . . . . . . .. .. . ... . . .... .•SR F Federal return filed? •(t)❑990T 0(2)❑990-PF •(3)❑Sch H(990) M Is the organization a Limited Liability Company?.. ..*❑Yes R No G Is this a group filing?See instructions. .. . .. . . . . . . . .OE]Yes R No N Did the organization file Form 100 or Form 109 to report H Is this organization in a group exemption?... . . .. . . .. ❑Yes R No taxable income?... ... . . .. . . . .. .. .. . . . .. ....*❑Yes ® No If"Yes,"what is the parent's name? O Is the organization under audit by the IRS or has the IRS audited in a prior year?. .. . ... . . .. . .. ......9❑Yes R No Did the organization have any changes to its guidelines P Is an IRS Form 1023/1024 pending? . .. . . . .. . .. .O❑Yes R No not reported to the FTB?See instructions. .. . . . . . .. .*❑Yes R No Date filed with IRS Part I Complete Part I unless not required to file this form.See General Instructions B and C. 1 Gross sales or receipts from other sources. From Side 2,Part II,line 8 .... . ...... .. . .. . . .• 1 27,215 00 2 Gross dues and assessments from members and affiliates . .... .. .. .... . ....... . . . ... .• 2 000 3 Gross contributions,gifts,grants,and similar amounts received... ... . ..... ... . . ... . . . . . .• 3 7 230 00 Receipts 4 Total gross receipts for filing requirement test.Add line 1 through line 3. Im and Revenues This line must be completed.If the result is less than$50,000,see General Instruction B.. . . 4 34,445 00 5 Cost of goods sold .. .. ..... .. . .. .. . . .... ... . . . . ....0 k4 0100 6 Cost or other basis,and sales expenses of assets sold . . . . .0 6 0100 omm 7 Total costs.Add line 5 and line 6 . .. .... ... .... . . . .. . ..... .. ...... . ..... ... . ... ... 7 0 00 8 Total ross income.Subtract line 7 from line 4. . . . .. . . . ... ........ ......... .... . .....• 8 34,445 00 Expenses 9 Total expenses and disbursements.From Side 2,Part II,line 18 . ........ ......... . . ... .• 9 31,230 00 10 Excess of receipts over expenses and disbursements.Subtract line 9 from line 8 .... . . . ... .• 10 3,215 11 Filing fee$10 or$25.See General Instruction F . . .. .. .... .. . .............. .. . .. ..... 11 0 00 12 Total payments. .... ... .. .. . .. . .. .... . . . .. . .. .. .... .. .. .... .... ..... .. ... . ... . 12 0 00 Filing 13 0 00 Fee 13 Penalties and Interest.See General Instruction J ... . . .... .... .... . ............ . . .. . . 14 Use tax.See Ge ral Instruction K.. .. ...... . . . . . . . ............ .... . .... . . ... .. . . .0 14 0 00 15 Balance due.AU line 11 line 13 and line 14.Then subtract line 12 from the result. . . .. .. ..@1751 0 00 Under penalties of ury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and Sign belief,it is true,c ct, d complete eclaration of re arer oth er than yer)is sed on all information of which preparer has any knowledge. Title /�t Telephone Here Signature i S l 6 of officer Date ec if self- •PTIN Prepar , employed ►El Paid signature ► MDISNET 0 FEIN Preparer's Firm's name( Use Only If self-employe 577 N D ST#1 12-G •Telephone and address SAN BERNARDINO,CA 92401 May the FTL See instructions... ..... .. ..... ...• ❑Yes []No 18 1 3651144 Form 199 C1 2014 Side 1 2015-133 INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVE TOWARD CHIWEN, INC 68-0544585 Part If Organizations with gross receipts of more than$50,000 and private foundations regardless of amount of gross receipts-complete Part 11 or furnish substitute information. 1 Gross sales or receipts from all business activities.See instructions . . . . .. . ... . .. . . ... . . .. . . . . . . 1 27,215 00 2Interest ... . . .. . . . . .. . . . . . . . . . . . .. .. .. . ... . . . . . .. . . .. .. . . .... . ... . .. . . . ... . .. . . . . .0 2 0 00 3 Dividends . . . ... . . . . . . .. . . . . . . .. . . . . . . . . .. . . . .. . .. . . . . . . . . .. . . ... . . . . . ... . . .. . . . . . 0 3 0 00 Receipts 4 Gross rents . . .. . . . . . . . . .. . . . .. . . . . . . . . . ... . . . . . . . ... . . ... . .. .. ... . . .. . ... . . . . . . . . .0 4 0 00 from 5 Gross royalties Other 5 0 00 Sources 6 Gross amount received from sale of assets(See Instructions) . .. . . . . . .. ..... . . . . ... . . .. .. . . . . .• 6 0 00 7 Other income.Attach schedule . . .. . ... . . . .. .... . . . . . . . . . . . . . . . . .. ..... .... . . . . .. .. . . . .• 7 0 00 8 Total gross sales or receipts from other sources.Add line 1 through line 7.Enter here and on Side 1,Part I,line 1 ....,...... 8 27,215 00 9 Contributions,gifts,grants,and similar amounts paid.Attach schedule . ... .... . .. .. .... . .. . . . . . . 9 1,000 00 10 Disbursements to or for members. . . .. . . . .. . . .. . . . .. . . . .. .. ... . . . . . . ... . .. .. . ... . .. . . . . . . 10 0 00 Expenses 11 Compensation of officers,directors,and trustees.Attach schedule .. . . . .. . ...... .. . .. . ... . . . . . .• 11 0 00 and 12 Other salaries and wages . . . . . . . . . . .. . .. . . . . . . . . . .. . .. . . ... .. .. . . ... . . . . . . ... . .. . . . . . 12 5 200 00 Disburse- 13 Interest .. . . . ... ... . . . . .. . . . . . .. .. . . . . . . .. . . .... ... .. ... . . . .. . ... . ... . . ... . .. . ... . 13 0 00 ments14 Taxes ... . ... .. .. . .. . .. . . . . . .... . .. . .... . . . .. . . . .. .. . .. . ... . . .... .. .. .... . .. . . .. . 14 0 00 15 Rents ... ... . .. ... .. . . . . . .. . .... . . . . . . . . . . ... . . . . .... . . . . .. .......... . ... . .. .... . .• 15 1,349 00 16 Depreciation and depletion(See instructions) .. ... . . .... . .. .. . . . . ..... ... . .. ... .... .. . . . .. 16 0 00 17 Other Expenses and Disbursements.Attach schedule .. .. ..... . .. . .... . ... . .. . .. ... . .. . ... .0 17 23,681 00 18 Total expenses and disbursements.Add line 9 through line 17.Enter here and on Side 1 Part I,line 9... 18 31,230.00 Schedule L Balance Sheets Beginning of taxable vear End of taxable year Assets (a) b c d 1 Cash �, .. 908. • 1,109. 2 Net accounts receivable . . ... .. . .. . . . . . . ... 0.1 0. 3 Net notes receivable 0. • 0. 4Inventories . ..... .... ... .. .. . .. . ... . . ... 0. • 0. 5 Federal and state government obligations . . . . . . 0. ; • 0. 6 Investments in other bonds ... .. . ... .. . . . . . . 0. • 0. 7 Investments in stock . ... . ... .. . .. . . .. . . . .. $. 0. • 0. 8 Mortgage loans.... . . ... . ..... . .. . . ... . . . . 0.. • 0. 9 Other investments.Attach schedule . . . .. . . .. . 0. • 0. �.� µ.. 10 a Depreciable assets .. ..... . . .. . . . . . . . .. 0. ;r 0. b Less accumulated depreciation . . . . .. ... .. 0. 0. 0. 0. 11 Land 0. • 0. 12 Other assets.Attach schedule ... . . ..... ... . 0. • 0. 13 Total assets .. . . ... ...... ... . . . . . . . ... .. 908. 1 109. Liabilities and net worth 14 Accounts payable . .. .... ... .. . .. . . . . . . .. . 0. • 0. 15 Contributions,gifts,or grants payable . . . .. . . .. 0. • 0. 16 Bonds and notes payable . ..... . .. . .. . . . .. . 0. • 0. 17 Mortgages payable . ..... . ..... .. . . ... ... . 0. • 0. 18 Other liabilities.Attach schedule . . ... . . . . . ... 0. 0. 19 Capital stock or principal fund ... . ... . .. . . ... 0. • 0. 20 Paid-in or capital surplus.Attach reconciliation . . 0. • 0. 21 Retained earnings or income fund . . . . . .. . . . .. 908. • 1,109. 22 Total liabilities and net worth . . .. . ... . . .. . 908. 1,109. Schedule M-1 Reconciliation of income per books with Income per return Do not complete this schedule if the amount on Schedule L,line 13,column(d),is less than$50,000 1 Net income per books . ... ... .. . ... . .. . . ... • 0. 7 Income recorded on books this year 2 Federal income tax . . . ... ... .. . .. . . . . . ... . • not included in this return.Attach schedule Is 0. 3 Excess of capital losses over capital gains . ... . • 8 Deductions in this return not charged 4 Income not recorded on books this against book income this year. year.Attach schedule .... ... ... .. . ... . . .. . • 0. Attach schedule....... . ..... . . . . .. . • 0. 5 Expenses recorded on books this year not 9 Total.Add line 7 and line 8 .... . .. . .. . 0. deducted in this return.Attach schedule .. . . . . . • 0. 10 Net income per return. 6 Total.Add line 1 through line 5. .. . .. . ... . ... . 0. Subtract line 9 from line 6. ... .. .. . . .. . 0. Side 2 Form 199 C1 2014 188 1 3652144 2015-133 (n; 6 L6 L6 M CN O 0 O O E m a) 0 ui (D �5 LL co 4.0 En U) 0 o LD CN O O vs (D 21 ml El co i m coz g(D Coo T" C4 0 T C 2015-133 Line 17, Part II (CA 199) - Other Deductions 1--Pension plans,employee benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 2 Legal fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0 3 Accounting fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 275 4 Other professional fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0 5 Travel, conferences,and meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1,414 g Printing and publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 0 7 Special events direct expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 0 8 Office expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 414 9 Other expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21,578 10 Contributions 10 11 11 12 Total .__12 23,681 ©2014 Universal Tax Systems Inc.d/b/a/CCH Small Firm Services.All rights reserved. 2015-133 Inter-Prevention Meaningfully Intercepting The Negatives Toward Children Post Office Box 7088 San Bernardino, CA 92411 909) 496-5112 2014 -2016 Board of Directors, Address and Telephone Numbers Dennis Morgan Brown - 6107 Norma Lane, San Bernardino, CA 92407 909-496-5112 President/CEO Retired/Redlands U.S.D. James K. Williams - 901 North Arrowhead Avenue, 4 205, San Bernardino, CA 92410 909-723-6365 Chief Financial Officer Retired/IEHP Francine Brown - 6107 Norma Lane, San Bernardino, CA 92407 909-205-3820 Secretary Retired/State of California Hudena James - 25800 Whitwood Circle, Moreno Valley, CA 92553 909-732-2450 Member Self Employed, Para-Legal Taryn Lakey - 1495 North Western Avenue, San Bernardino, CA 92411 909-963-6139 Member San Bernardino City School District 2015-133 INTERNAL REVEL SERVICE DEPARTMENT OF THE TREASURY p. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: JUN 0 '9 2004 68-0544585 Date: DLN: 17053132072044 INTER-PREVENTION MEANINGFULLY Contact Person: ID# 31361 INTERCEPTING THE NEG TOWARD DIANE M GENTRY C/O DENNIS BROWN Contact Telephone Number: (877) 829-5500 PO BOX 7088 SAN BERNARDINO, CA 92411 Accounting Period Ending: DECEMBER 31 Foundation Status Classification: 509 (a) (1) Advance Ruling Period Begins: FEBRUARY 14, 2003 Advance Ruling Period Ends: DECEMBER 3, 2007 Addendum Applies: NO Dear Applicant: Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 5ol(c) (3) . Because you are a newly created organization, we are not now making a final determination of your foundation status under sectiont509(aa publicly Code. However, we have determined that you can reasonably exp t supported organization described in sections 509(a) (1) and 170(b) (1) (A) (vi) . Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If You establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors Letter 1045 (DO/CG) 2015-133 -2- INTER-PREVENTION MEANINGFULLY contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of the date he or she acquired such knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) . Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please let us know. Donors may deduct contributions-to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. Because you will be treated as a public charity for return filing purposes during your entire advance ruling Letter 1045 (DO/CG) 2015-133 -3- INTER-PREVENTION MEANINGFULLY period, you should file Form 990 for each year in your advance ruling period that you exceed the $25,000 filing threshold even if your sources of support do not satisfy the public support test specified in the heading of this letter. if a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $2o a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For penalty organizations with gross receipts exceeding $1,000,000 in any year, is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete. So, please be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter unrere not determining whether any of your present or proposed lated trade or business as defined in section 513 of the Code. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You re also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon lw itttne or in ad person request without charge other than reasonable fees for documents on the postage. You may fulfill this requirement by placing 1 with these Internet. Penalties may be imposed for failure to comply requirements. Additional information is available in cPubllicat 11 free Tax-Exempt Status for Your Organization, or you may call number shown above. You need an employer identification number even if you have noemployWes. If an employer identification number was not entered on your application, will assign a number to you and advise you of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. Letter 1045 (DO/CG) 2015-133 -4- INTER-PREVENTION MEANINGFULLY If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Lois G.�Lerner Director, Exempt Organizations Rulings and Agreements Enclosure(s) : Form 872-C Letter 1045 (DO/CG) 1 fi a a `tea , { V t` X If g 4' _ y F j� Ott k y i g J k F q l n dF CCT-CTn7 f � s 4 AS 4-f F tr, s . T FT' } ! f � F N� I k t F tJ I�% If R-3 x4 r £T-STOZ k 4 7 z �r r At r uwku i t -t fi x t aM - R v f eA tMl 4,. NA 77 71, Li a ate` of ��T-gTn7. A cy� � s r � ,rte ,k f'f'i-Si07, 3j �5 II } g s x i m . r `G ££T—SiOZ �. � � t. s .. ury. .� �: ��~ ! � � R � i t O�� � � ` } i , � r � i ! , �� .� �•.' rf ___ ' i {$ _ � �'�. � r 1' �` •� a� {�,� • � �i �� I!� ;� � .�� _.. , • . • `{ �{ � >. •� _. ,'.,ak.,..�m.. ��.,.. ;�t - a� � � _ :,.' � r r Y ♦ '`, �" 4 c i;. s, ...a', S �$p z .�?�� i, ;a }-., r t s ^4`", ,; � � � ��. ,� �� :. •• ����. � � � . - : ��� ��t-SZ�Z a � fi � � L ti AN tl Fy _ Z .f z ,` 4 IT ££T-SiOZ s� �r 44 'mss y. k µ yap x' ff �f v ff*T—gT07. e „ � s M w S x. w r' { Ygase�u` - s +ea:,avaw i. ` .s 1- i do lit „ . S' i .. ` y j• M, 'low-W AM a s w {3 }4 3 3, 1 W, ,. °"`zVy',� tt I ev�� iw S .t 3 1 tYa rte. } - y 1f s 3: fir. -ate` ££T-SIOZ y c� H. e 4k r� K s� S'S'T-CT(17 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARD CHILDREN (IM INC) FOR MUSIC PROGRAM This Recipient Agreement (the "Agreement") is entered into this 6,h day of ��, , 2015. BY AND BETWEEN: 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"); AND, Inter-Prevention Meaningfully Intercepting the Negatives Toward Children (IM INC), a non-profit organization, incorporated under the laws of the State of California and having its location at Del Vallejo Middle School, a public school, located at 1885 E Lynwood Drive, San Bernardino, California (the "RECIPIENT") (individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the Music Program at IM Inc. in San Bernardino ("Project")to promote fine arts and culture; and, WHEREAS, CITY and RECIPIENT desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth on Attachment "1," attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment"1." GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page I of 8 2015-133 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of FIVE THOUSAND DOLLARS ($5000.00). No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by November 1, 2015, or is unable to begin work on the Project by February 1, 2016, or is unable to complete the Project by June 30, 2016, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The 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 of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The 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 Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been calried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than June 30, 2016, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every six months, until the Project is completed. 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. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2015 until June 30, 2016, inclusive. 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. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 2 of 8 2015-133 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, 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 RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. 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 RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property 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 similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, 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. RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and purposes RECIPIENT shall be an independent contractor and not an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 3 of 8 2015-133 8. LICENSES AND OTHER REQUIREMENTS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or 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 U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager Reverend Dennis Brown 300 N "D" Street, 6th Floor IM Inc San Bernardino, CA 92418 P.O. Box 7088 San Bernardino, CA 92411 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS' FEES 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 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. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT's interest in 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 RECIPIENT of RECIPIENT's obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 4 of 8 2015-133 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of 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. 13. GOVERNING LAW. 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. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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. 17. REMEDIES; WAIVER. 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. 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 occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 5 of 8 2015-133 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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 such facsimile or ".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are 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. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. 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. 24. 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. 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 6 of 8 2015-133 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 Party by virtue of authorship of any of the provisions of this Agreement. 26. EXHIBITS. The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature page follows] �I GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 7 of 8 2015-133 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARD CHILDREN (IM INC) FOR MUSIC PROGRAM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2015 RECIPIEN IM INC By- Its: Dated , 2015 CITY OF SAN BERNARDINO By: AI n Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B y.2 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IM INC FOR MUSIC PROGRAM Page 8 of 8 EXHIBIT " O " 2015-133 8 Week Community Center Summer Art Camp Dates: June 1, 2015 -July 31,2015 Goal To provide a traditional summer art camp where children and their families create, share and connect through art. The Summer Art program will have many unique summer activities to open minds and change lives including simple arts & crafts, painting, learning the culinary arts, working with clay and most importantly having fun! Ob jectives • To help each camper develop self-confidence and gain a feeling of self-worth • To assist each camper in developing new friendships and develop a better understanding of interpersonal relationships • To help each camper discover and develop their potential by participating in fun hands on activities, while enhancing and strengthening their social and peer interaction skills through a variety of age appropriate activities. • To teach and develop in each camper communication skills, that will aid them in problem solving and decision making, by developing their abilities to deal with negative situations in a positive manner using positive reinforcement. • To provide each camper with opportunities and expectations to become physically active and gain knowledge to maintain a healthy lifestyle and to learn and implement safe practices for themselves and others to always ensure safety first • To foster in each camper an awareness of fair play and good sportsmanship Activities will take place at the following Community Centers from 12noon-6pm Mon.-Fri. Ruben Campos Community Center Rudy C. Hernandez Community Center Lytle Creek Community Center Delmann Heights Community Center Sample Camp Program Schedule June 1, 2015 -June 13, 2015 Art Camp 101 what is art camp? June 15, 2015 -June 26, 2015 Arts & Crafts Days July 6, 2015 -July 17, 2015 Culinary Arts and Nutrition Education July 20, 2015 -July 31, 2015 Clay Camp -introduction to ceramics Sample Schedule of Activities: 12noon -1:00pm Lunch 1:OOpm-2:OOpm Themed outdoor art activity 3:OOpm - 4:30pm Themed indoor Craft activity /snack 4:30pm -5:30 Culinary Arts demo / Nutrition Power Hour 5:30- 6:00pm Cleanup /sign out