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HomeMy WebLinkAbout2016-0782 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 RESOLUTION NO. 2016-78 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 14 FINE ARTS COMMISSION GRANT RECIPIENT AGREEMENTS 'E IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF AN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Inter - Prevention Meaningfully Intercepting the Negatives Towards Children attached hereto as Exhibit "A" and incorporated by reference herein as if fully set forth. SECTION 2. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Junior University attached hereto as Exhibit "B" and incorporated by reference herein as if fully set forth. SECTION 3. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and San Bernardino Symphony attached hereto as Exhibit "C" and incorporated by reference herein as if fully set forth. SECTION 4. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Symphonie Jeunesse Orchestra attached hereto as Exhibit "D" and incorporated by reference herein as if fully set forth. SECTION 5. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and 1 2 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 Richardson Prep Hi - San Bernardino Teen Music Workshop attached hereto as Exhibit "E" and incorporated by reference herein as if fully set forth. SECTION 6. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and San Bernardino Valley Concert Association attached hereto as Exhibit "I"' and incorporated by reference herein as if fully set forth. SECTION 7. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Art Institute of California - Inland Empire attached hereto as Exhibit "G" and incorporated by reference herein as if fully set forth. SECTION 8. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Arts Connection Network attached hereto as Exhibit "H" and incorporated by reference herein as if fully set forth. SECTION 9. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Kimbark Elementary School attached hereto as Exhibit "I" and incorporated by reference herein as if fully set forth. SECTION 10. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and CSUSB Opera Theater attached hereto as Exhibit "J" and incorporated by reference herein as if fully set forth. 2 1 2 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 SECTION 11. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Norton Academy attached hereto as Exhibit "K" and incorporated by reference herein as if fully set forth. SECTION 12. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Norton Academy attached hereto as Exhibit "L" and incorporated by reference herein as if fully set forth. SECTION 13. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Sinfonia Mexicana Mariachi Youth Academy attached hereto as Exhibit "M" and incorporated by reference herein as if fully set forth. SECTION 14. That the City Manager of the City of San Bernardino is hereby authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino and LJR Intellect Academy of the Arts attached hereto as Exhibit "N" and incorporated by reference herein as if fully set forth. SECTION 15. That the above authorizations are rescinded and be deemed void and of no further effect if the agreement is not returned fully executed by both parties to the Office of the City Clerk within sixty (60) days from the passage of this resolution. 3 1 2 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 14 FINE ARTS COMMISSION GRANT RECIPIENT AGREEMENTS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 18'" day of April, 2016, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X BARRIOS X VALDIVIA X SHORETT X NICKEL X RICHARD X MULVIHILL X Georgean anna, CMC ity Clerk The foregoing Resolution is hereby approved this day April, 2016. -P'O44 R. Carey Davi , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 4 2016-78 EXHIBIT B 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY FOR THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this L&tlday of Apr; t 12016, BY AND BETWEEN: AND, 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"); Junior University (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 art related program proposed by Recipient ("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" ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $11500, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Junior University P.O. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY FOR THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Junior University Its: Dated 12016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY FOR THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 1 Rthday of Apri 1 , 2016, BY AND BETWEEN: AND, 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"); Junior University (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 art related program proposed by Recipient ("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 perforin 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 ." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $11500, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Junior University P.O. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 5 of 8 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 ".pdP'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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY FOR THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: `; to , 2016 RECIPIENT: Junior University BY: '-�/s ✓ Its: Tia,445 4aQ Dated A✓Z/ 2-7,2016 CITY OF SAN BERNARDINO By: '4� Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. C -- ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JUNIOR UNIVERSITY Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino —Fine Arts Commission I. Applicant/Organization Name of Organization Junior University of San Bernardino Inc Physical Address_ 1001 E Highland Ave San Bernardino Mailing Address PO Box 2356 San Bernardino CA 92406 Telephone No. (909) 889-0833 Cell Phone ( ) Non -Profit I.D. No. D-049693 Website Address (if available) JuniorUniversity.org Number of Years in Existence or in Teaching 54 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: Theater IV. Period of Support Requested: From 07/22/2016 Through 08/06/2016 Starting Ending Amount of Grant Requested $11,500 Total Organizational Budget for current fiscal year $131,010 (Not applicable to schools) Percent of total Organization Budget Requested. 8.8% V. Proiect 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 'Sleeping Beauty'. 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. Junior University would not exist without the strong ongoing support of many businesses in San Bernardino. Our partnerships include: 1) Dozens of businesses that provide donations for advertisements in our show program, 2) The Pizza Hut across from our venue passes out discount coupons to the show and donates 20 percent of the money they make selling pizzas during intermission and 3) local businesses underwrite two FREE nights of theatre for the underserved families of our community. FA VI. Realistic number of persons expected to benefit from this program. a) Number of persons paid by attendance 6950 b) Number of persons admitted by no fee 1900 c) Number of classes and/or performances scheduled/length of display 35 classes (rehearsals) and 14 performances d) Total attending classes/performances/displays/exhibits 8950 VII. Intended Results: Target Group(s) Ages 9 to 29 The Whole Family Time Frame 6/15-8/8 7/22-8/6 Number of performances/classes, 35 classes (rehearsals) 14 performances exhibits Anticipated maximum audience, Participants: 80 Participants: 100 participants, etc.Audience: 8,850 3 VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commicdnn Igor» Line Item Expenses Brief Description of each Total Budget per line -item Total amount requested line item for this project from FAC Salary& Wages g Stipends for production $41,650.00 $11,500.00 staff and orchestra Supplies & Material pp Show, Concessions and $26,000.00 0.00 bowl Equipment Equipment rental, repair $5,750.00 0.00 and purchase Printing & Postage Printing and postage $9,150.00 0.00 Fixed Assets/Rentals Storage rent * $18,200.00 0.00 Advertisement Advertisement $11,460.00 0.00 Fees & Other Maintenance, insurance $18,800.00 0.00 and telephone TOTAL EXPENSES AND AMOUNT REQUESTED $131,010.00 $11,500.00 * Junior University' purpose is to produce a single summer show. Therefore we have provided our annual budget, including storage rent, as our 'project budget'. What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.) Name of funding source 2016 Commitments from: Primeline Immanuel Baptist Church Inland Empire Health Plan Fire Fighters Local 891 2016 Anticipated Corporate Sponsors 2016 Anticipated Individual Donations 2016 Anticipated Ticket Sales 2016 Anticipated Program Advertisements 2016 Anticipated Concession Sales Amount committed to this project $ 3,000.00 $3,000.00 $ 3,000.00 $2,930.00 $23,070.00 $20,300.00 $34,700.00 $12,000.00 $17,510.00 TOTAL AMOUNT $119,510.00 4 IX. Future Objectives To date, we have support commitments from: PrimeLine Products, Inland Empire Health Plan, Immanuel Baptist Church and Fire Fighters Local 891. Our list of requests in process includes San Manuel Band of Mission Indians, Wells Fargo Bank, Edison International and Patrons of the Roosevelt Bowl. In 2015, corporate donations accounted for approximately twenty-eight percent of our income. We continue to work on expanding our strong base of local families, merchants and organizations that support JU through our sponsorship programs and program advertisements. Our individual donations, program advertisements and sales of souvenirs and snacks accounted for approximately forty percent of our income in 2015. Because of our mission to provide theatre to low income families, JU distributes many complimentary tickets, in addition to our two sponsored 'no ticket' Tuesdays. Therefore, our paid ticket revenue in 2015 was only twenty-five percent of our income. We are always working on ways to expanding our audiences, but do not consider ticket sales as an area for great income growth. 6 X. Provide a brief history/background of your organization/school project (s). (What you have 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-three 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, Inland Empire Health Plan and the James Irvine foundation. We continue to add to the list. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CERTIFICATION: Project Officer: M11 Title General Manager Telephone No: 909-435-1616 Date 02/02/2016 :l 2016-78 EXHIBIT C 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this L&tllday of April 12016, BY AND BETWEEN: AND, 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"); San Bernardino Symphony (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $46000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: San Bernardino Symphony 198 N. Arrowhead Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: San Bernardino Symphony R -A Its: Dated 12016 CITY OF SAN BERNARDINO LIM Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this LB-hday of April , 2016, BY AND BETWEEN: AND, 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"); San Bernardino Symphony (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $46000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: San Bernardino Symphony 198 N. Arrowhead Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 Dated rj 12016 RECIPIENT: San Bernardino Symphony By: Its: �pg�rti ].lv/lance CITY OF SAN BERNARDINO By: A(a4 24ee Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SYMPHONY Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS — GRANT APPLICATION FORM City of San Bernardino — Fine Arts Commission Applicant/Organization Name of Organization San Bernardino Symphony Orchestra Physical Address 198 N. Arrowhead Avenue San Bernardino, CA 92408 Mailing Address 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: Category 1 Music as defined by "Established producing organizations offering training, exposure, opportunities and/or creative resources for vocal and instrumental experiences." IV. Period of Support Requested: From July 1, 2016 Through June 30, 2017 Starting Ending Amount of Grant Requested $46,000 Total Organizational Budget for current fiscal year $649,885 (Not applicable to schools) Percent of total Organization Budget Requested 7% 2 V. Program Description/Need Statement: The grant application addresses the on-going desire of the San Bernardino Symphony to continue to produce world class programming for both students and general audiences in downtown San Bernardino. While many orchestras have closed their doors, ours have stayed open for 87 years because of sound fiscal management, relevant programming, exciting featured performers, focused marketing, and an unending desire to maintain James Kelly Guthrie's vision of bringing communities together through the power of beautiful music. Still, with a staff of just two full time employees, it is extremely difficult to meet the ever-increasing financial demands related to performing in downtown San Bernardino. Annually, costs related to rental of the California Theatre of the Performing Arts and the required use of the Theatre's stage crew amount to over $45,000. While we have a broad donor base, individual contributions have declined in response to the failing economy, and many of the major donors who supported us in the past either no long reside the region or have passed on. Further, corporate contributions toward the arts in our region are difficult to come by, and only a small percentage of statewide foundation contributions go to the Inland Empire. Finally, the events of December 2, 2015 brought an additional shadow over the San Bernardino name, making it more difficult to engage new audience members from outside the area. Any of these challenges alone would wreck havoc on most organizations. We deal with all of them. Thankfully, the City of San Bernardino now provides an opportunity to uphold the integrity of its various arts organizations through annual Fine Arts Grants. Through this process the Fine Arts Commission strives to ensure efficient and effective provision of the arts so that every public dollar granted is well spent. We believe the Symphony represents the type of organization the Commission can entrust with this responsibility for a number of quantifiable reasons: • Positive regional public perception from being among a select few California jurisdictions offering a world class arts experience. • Economic benefits from increased tax revenue from audience members who dine, shop, and stay in our city. Over the past three years, our concerts have brought audiences from 47 discrete zip codes to downtown San Bernardino. • Our five -concert seasonal series contributes toward a more vibrant arts environment, providing a wide variety of both traditional and non-traditional orchestral music attractive to increasingly diverse audiences. • Special programming and initiatives geared toward the needs of students: o Our docent programs have introduced over 130,000 San Bernardino City Unified School District students to orchestral instruments, significantly increasing participation in school music programs which, studies indicate, increases academic achievement. o Our annual free concerts for the schools have brought tens of thousands of students to the California Theatre -18 schools attended February 5! - creating greater pride of place and cultural literacy for the young people who represent our future. 3 o Our annual Symphony Strings for Secondary Students workshops have provided free master classes for hundreds of up -coming middle and high school musicians. o Our student concert programs — now available at every concert — educate and inform young attendees in a manner geared to their interests while demonstrating to adult attendees that the San Bernardino Symphony not only invites but Expects young audience members. o Our Symphony Debs and Red Tie Associates ambassador program for local teens teaches job skills and teamwork through volunteerism. o Our partnership with San Bernardino Valley College has resulted in an increase in the number of college -aged audience members, created opportunities for student art exhibits at concerts, and provided the platform for the new Activity Book which is given to all young concert attendees. • Our relationships with the schools and with other local nonprofits have served to shine a spotlight on their offerings, creating greater visibility for them and for our region as a place of the arts. Over the past two seasons, our concert events have included artists, speakers, and/or performers from: o Sinfonia Mexicana o Symphonie Jeunesse o Jack and Jill of America o The Latino Art Association o San Bernardino High School Baking Careers Students o Arroyo Valley High School o Indian Springs High School o Sierra High School o San Bernardino Valley College • We also support numerous local small businesses and non -profits: o We provide donated concert seats for fund-raising activities (over 200 seats last season). o We actively promote other local arts organizations through our own robust social media activities and in our concert program books. o We have recently entered into a partnership with the County's own arts hub, The Arts Connection, to utilize their artists in up -coming performances. o At our free Mosaico Arts and Music Festival at Perris Hill Park last Spring, we partnered with a number of non -profits providing free space for them to share information with the public. o At the Festival, we also partnered with Cardenas Markets which donated pastries in exchange for significant event visibility... and we partnered with other local retailers and restaurants including Bertrand's Music, the Thai House, and The Mexico Cafe. We believe all these efforts play a significant role in our city's future success, and we actualize this commitment by remaining ever mindful of our founder's goal for accessible music and music education for all. For this reason, we also maintain highly affordable ticket prices (student/military tickets are just $10; other tickets $20 - $55) and actively work with local businesses to obtain student/family ticket scholarships to ensure no economic barriers exist for those who wish to attend. As a matter of fact, during our 2014-15 season, over 900 concert seats were sponsored through our Classroom to Concert Hall scholarship initiative, and in the current season, more than 650 seats have already been sponsored... we see this as a testament to the business community's growing recognition of the importance of the arts as a pathway toward economic recovery. 4 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 conducted by a local subject matter expert 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. o Beginning in 2016, actors from the Inland Empire Repertory Theatre portraying various composers will be at our pre- and post -concert events to augment the lecture series and interact with the audience members. • On those occasions where there is no lecture, there is a replacement event with a different educational focus, such as when we arranged for her children's book to be read by local author June Durr at our December 12, 2015 "Home for the Holidays" concert, or when local teachers read books on Kwanzaa and Christmas at our 2014 holiday concert. • Pre- and post -concert arts experiences are often offered, such as the inclusion of an exhibit of original artwork created by members of the Latino Art Association at our October 3, 2015 "Mosaico Latino" concert and by San Bernardino Valley College students at our February 6, 2016 "Echoes of America" concert. • Audience members receive concert program books at each subscription concert which include complete notes on the composers and selected music, as well as information about the Symphony, the California Theatre, etc. • A special children's concert program — inclusive of information about the composers and the music, and with orchestra -centric puzzles and games - is provided to all of our youngest audience members at each subscription concert. • Full learning platforms — inclusive of information about the composers, the historical significance of the music, the venue, the Symphony, our Maestro, attendance etiquette, etc. - are created for the schools participating in our annual free student concerts. At the request of school principals, preparatory workshops are also provided. • For those students attending as part of our on-going Classroom to Concert Hall scholarship initiative (discussed below), our Executive Director meets with the participating schools to provide a pre -season workshop. • We also meet with other groups who have booked blocks of tickets as 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 Partnerships. Last year, the San Bernardino Fine Arts Commission made it clear a greater level of business partnership was desirable, so the Symphony has significantly expanded our partnerships with local businesses, as described below. Classroom to Concert Hall: Businesses Engaging Students In our Classroom to Concert Hall initiative, concert tickets are provided for students and parents in the San Bernardino City Unified School District, as well as through Big Brothers/Big Sisters of the Inland Empire, CASA, and San Bernardino -based Girl Scouts of America San Gorgonio Chapter troops through local businesses wishing to both benefit our youth and increase their visibility in front of our significant audience base. These businesses include Wells Fargo Bank, Security Bank, The Gas Company, US Bank, ThinkWise Credit Union, National Orange Show, Southern California Edison, San Bernardino Animal Care and Wellness Center, Golden Bear Cottages, RAMSCPA, and 5 a number of others. Each business donor receives recognition and visibility in our concert program books, scrolling donor presentation, on our website, and in our social media postings via Facebook, Twitter, and Instagram. Direct Support of Local Businesses The Symphony maintains our business office in San Bernardino (Audrey Patrick Building, 198 N. Arrowhead Avenue). All of the Symphony's considerable marketing and printing needs are handled by Sunwest Printing. The majority of our print advertising is with local news outlets. Our presentation flowers are purchased from San Bernardino -based florists. Office and event supplies are purchased from San Bernardino retailers. In addition, we recently entered into a symbiotic partnership with Hampton Inn & Suites San Bernardino (895 East Hospitality Lane) and Homewood Suites San Bernardino (885 East Hospitality Lane) as our Official Accommodations Sponsors. Other local businesses have partnered with the Symphony as Presenting Sponsors receiving an elevated level of public recognition. These include Smith, Marion & Co., LLP, Fairview Ford, Loma Linda University Medical Center, Alta Vista Credit Union, Redland Community Hospital, Cothran Insurance Agency, BCM Group, and others. Further, we have established a symbiotic business relationship with local retailer The Tire Guys whereby customers are incentivized to purchase a set of four tires with an offer of two free Symphony tickets. The Tire Guys then assists us with the collection of non-perishable food as part of the Orchestras Feeding America program, and each Winter they collect toys on behalf of the Symphony for distribution to San Bernardino children in need. We also donate over 100 concert tickets each year to the San Bernardino Chamber of Commerce and to local businesses and non -profits holding charitable fundraisers. The sum of all donated tickets have an average annual sales value exceeding $7,000; but we recognize the benefit to the community these donations represent and budget accordingly. Finally, we have made a concerted effort to recruit Symphony Board of Directors members from local businesses thereby ensuring a greater level of representativeness and inspiring the type of cooperative partnerships we believe the City desires from its Fine Arts grantees. We are also establishing a Local Business Board to ensure we are informed and receptive to all new possibilities to benefit the business community. In order to meet the objectives of our expanding community -centric mission, the Symphony requires significant financial support. Less than 18% of our operating budget comes through ticket sales and contracted concerts; therefore, it is imperative to seek funds from additional sources to continue to meet the needs of our community. A 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 a number of 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, as last year, 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. 2 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? However, rent of the California Theatre is extremely expensive and difficult to manage given the preponderance of other production costs the Symphony must bear to maintain our full season and provide our annual free student concerts. The annual venue rental fee is $25,000 plus another $1,000 for the annual student concerts, payable at prior to each performance, plus $500 per rehearsal; at the low ticket prices we charge, that $5,500 per regular concert fee means the venue alone costs considerably more than the total single ticket sales of many concerts. Further, as a renter of the Theatre, we are mandated to utilize the stage crew in place by the City's management contractor Theatrical Arts International; stage crew fees average $3,500 per concert and we were recently informed of a planned 3 -percent annual negotiated raise for each of the next three years. This is more than $18,000 in additional fees we must pay simply to perform in downtown San Bernardino. All together, last season, the costs associated with performing at the California Theatre exceeded $45,000. Many other venues are less expensive, but are not in the City of San Bernardino where our performances would most benefit the City. We recognize this is largely the same sponsorship we requested last year. But venue/operations funding is not included in most grants and represents our most pressing local financial concern. Further, this option provides the greatest opportunity for visibility for the City of San Bernardino Fine Arts Commission, and the Commission being publically identified as the sponsor of the venue communicates an extremely positive message to the public as to the commitment of the City to maintaining a significant arts presence. Continued sponsorship of the venue and related venue costs, therefore, would help ensure future programming stays local, would allow us to continue our promotion of other local businesses and organizations, and would extend the opportunity for our target population of students, seniors, 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. VI. Realistic number of persons expected to benefit from this program (a) Number of persons paid by attendance: 1,400 x 5 concerts = 7,000 persons (b) Number of persons admitted by no fee: 325 x 5 concerts + 3,450 at student concerts = 5,075 persons (c) Number of classes and/or performances scheduled/length of display: 7 concerts at the Theatre (d) Total attending classes/performances/displays/exhibits 12,075 persons VII. Intended Results: Target Group(s) Children, ages Middle/HS Families Students Seniors 5-12 Students Time Frame 2/5/16 2/5/16 7/1/16— 7/1/16— 7/1/16- 6/30/17 6/30/17 6/30/17 Number of 2 school 2 school 5 season 5 season 5 season performances/classes/ performances performances performances performances performances exhibits Anticipated maximum 1,725 1,725 3,500 2,325 2,800 audience, participants, etc. 7 VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? As our request relates solely to use of the City's performance venue, the following expense detail is related solely to the production of the seven annual concerts held therein. A complete organizational line item budget covering the entire $649,885 current annual budget is readily available upon request. Line Item Expenses Brief Description of each line item Total Total Budget per amount line -item for requested this project from FAC Salary/Wages Staff Salary related specifically to the production of concerts and $ 100,000 $ 0 preparation of audiences Performers/Librarian Concert payroll for 2016/17 season (includes wages, taxes, and 237,563 0 required benefits) Maestro Contracted wages only 35,000 0 Special Performers Contracted wages only 12,500 0 Stage Crew Mandated use of California Theatre's crew. Amount shown 17,890 17,500 includes wages, taxes, and required benefits Stage Manager Contracted wages only 3,000 0 Graphic Designer Contracted wages only 10,200 0 Web Master Contracted wages only 2,400 0 Supplies & Materials Rental of music not available in Guthrie Library 1,000 0 Travel Mileage for Maestro 330 0 Rentals or Leases Rental of California Theatre (5 concerts at $5,000 each, includes 25,000 25,000 security and house staff) Rental of California Theatre (5 rehearsals at $500 each) 2,500 2,500 Rental of California Theatre (2 student concerts at $500 each) 1,000 1,000 Piano Rental/Tuning 1,000 0 Rental of Music Stand Space at the California Theatre 600 0 Fees and Other Season Brochures 2,500 0 Media/newspapers (most is through ticket exchange for ad space) 1,000 0 Season/concert posters/postcards/flyers 1,250 0 General Audience Program Books 8,000 0 Children's Program Books 625 Pre -Printed Concert Tickets 1,000 0 Required Archive CDs and Photos 1,350 0 Performer Presentation Flowers 250 0 Merchant Fees (credit card fees for ticket sales) 3,000 0 General Liability Insurance 959 0 TOTAL EXPENSES AND AMOUNT REQUESTED $ 468,917 $ 46,000 8 What are other sources of funding for this project? (Grants, Contributions, Revenue (such as ticket sales, etc.) As our request relates solely to use of the City's downtown performance venue, the following sources of funding/amounts designated relate solely to the production of the seven annual concerts held therein (versus funds we anticipate receiving for other operations, non -concert -related labor, etc.) We recognize the total amount does not cover the full anticipated revenue need for our 2016-17 season, but additional initiatives — for which donation amount is not yet known — will be managed, and additional grant applications — several of which are currently under donor consideration - will become a part of the budget for the time period covered by this grant application request. Based upon our 87 -year history, we are confident in our ability to meet annual revenue requirements and we do not anticipate any decrease in the quantity or quality of scheduled performances. Name of funding source Amount committed to this project Grants* San Manuel Band of Mission Indians $ 70,000 National Endowment for the Arts 10,000 David B. Gold Foundation 7,500 Bank of America 4,000 Getty Foundation 4.000 BNSF 2,500 Children's Fund 2,000 Edison International 1,500 Wells Fargo 1,500 Business and Individual Donations** $ 155,000 Ticket Sales (season tickets and individual concert tickets)*** $ 94,000 SB Symphony Guild Donation (fundraising events)**** $ 45,000 TOTAL AMOUNT: $ 397,000 * Grants listed are anticipated based on grantor history of at least two past annual contributions for the same or a greater amount. ** Business and Individual Donations as shown are average yearly donations. *** Ticket Sales as shown are average ticket sales. **** SB Symphony Guild Donation is based on anticipated budgeted amount from this arm of the Symphony. X. Future Objectives Through new and expanded partnerships with local businesses and non -profits, the San Bernardino City Unified School District, and the City of San Bernardino, we are building a strong framework for continued success. We know our work with the schools is resulting in young people who are more culturally literate and, therefore, better prepared to take on the careers of tomorrow. We also know that our partnerships with local businesses are resulting in the largest number of audience members we have seen in many years. Our future objectives, therefore, are to continue along the same strategic track with an eye to even greater efficiency and growth. In addition to season and individual concert ticket sales, the following fundraising initiatives are currently in place, and during the 2016-17 fiscal year will help to sustain the organization: • Classroom to Concert Hall — This program (previously mentioned) provides concert tickets to students and their families through the generous donations of individuals and businesses. Our goal — at the breakeven rate of $15/ticket, is >300 seats per concert or approximately $22,500 in annual sponsored tickets. • Funded Chair Initiative — This is a new initiative established to commemorate the contributions of some of our major past supporters. We are seeking to fund six chairs annually a rate of $5,000 per chair with funds benefitting concert production. • Adopt -A -Musician — This is a donor engagement opportunity for those individuals interested in getting to know more about our musicians. Participants pay a minimum of $150 to "adopt" a musician of their choice and are provided with a Musician Trading Card and lanyard to wear to concerts, invitations to special Adopt -A -Musician events, and generally meet with their musician at our post -concert receptions. So far this fiscal year, this initiative has raised $13,500. • Annual Campaigns — the Symphony runs several annual campaigns geared at fundraising for a particular cause. Each December, we seek funding for our annual student concert, each Spring, we seek to cover remaining expenses for the soon -to -end fiscal year, etc. For these campaigns, letters are sent to past donors and concert attendees. • Concert Sponsorships — In addition to the concert sponsorships received through the grant application process, the Symphony offers the opportunity for individuals and businesses to make a donation toward some part of a concert. Based on the cost of the item, donors choose from options including $500 for the preparation of concert notes, $1,000 for the stage manager, $2,500 for a featured performer, $5,000 for the Maestro, $7,500 for the strings section, >$10,000 to be a major sponsor, etc. • Endowment Interest—the Symphony maintains several investments and endowments (both restricted and unrestricted). Because of the volatility of the current market, this year we have budgeted for a 2% withdrawal, but our Endowment Policy allows for up to 5%. • Continuo Society — The Symphony maintains a planned giving program to allow those who love the arts lend their support well into the future through charitable estate gifts. A fund is in place at San Bernardino's Community Foundation and new Continuo Society donations are placed there to increase the value of overall earnings. • Grant Funding — The Symphony prepares grant applications year round. While arts funding is limited in our region, consistent efforts have yielded positive results. Grants are written to sponsor performers, student concerts, full concerts, student workforce development opportunities, and various special needs. Currently, there are $79,000 in outstanding applications and four major grant applications (including this one) are currently in process. Our average annual "win" rate is 63%. • Annual Guild Donation —The San Bernardino Symphony Guild presents two fundraising events each year for an average annual donation of $40,000. Their primary fundraiser is "Bach to Boots," a western -themed dinner gala held at the Burlingame Ranch in Lytle Creek (use of the location is donated by the owners). One other event is held with varying themes from "Golden Baton" galas recognizing a significant longtime contributor to the creative "No Event -Event" planned ("not to be held" on March 7, 2016) so busy "non -attendees" can make a donation not to have to go out. XI. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts.) The San Bernardino Symphony has provided tens of thousands of residents in our community and region with concert programming and music education programs since our founding by James Kelly Guthrie in 1929. Guthrie believed communities with their own arts organizations were stronger and more desirable places to live than those without such resources. In line with this goal, then, we offer a 10 relevant and affordable five -concert subscription season inclusive of a variety of music designed to appeal to a wide audience. We also offer two free student concerts to the San Bernardino City Unified School District and, on February 5, 2016, we are scheduled to serve more than 3,400 young people —the same number we served in 2015 and the same number we plan to serve in 2017. These concerts are designed to support in -class study and the Symphony provides grade -level -specific coordinating learning platforms to prepare the young attendees. Last year, our "Musical Genius In America" concert focused on African American composers directly correlating to student studies of Black History Month. In 2016, we will perform "Echoes of America," a concert featuring music by a variety of American composers tying to coursework in geography, history, and social studies. In 2017, our plan is to present a "That's Classical?" concert presenting symphonic music well known to students but perhaps not readily recognizable as orchestral fare to expand student knowledge of musical genres. So that no people group is omitted, we also perform in nontraditional venues, generally without charge to attendees. Last Spring, we were honored to partner with the City to present the Mosaico Arts and Music Festival to more than 1,000 attendees at Perris Hill Park (and we are currently seeking grant funding to potentially present another such event). In addition, we host an annual free music workshop at the Sturges Center for the Performing Arts, Symphony Strings for Secondary Students, wherein local students work directly with professional Symphony musicians in a day -long master class setting. And, our certificated Symphony Debs and Red Tie Associates program for local teens teaches job skills and teamwork through volunteerism. Further, as discussed, our award-winning music education programs in the San Bernardino City Unified School District have introduced over 130,000 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. Funding has traditionally come from a number of sources, most prominently, grants and private donors. Over the past three years, we have expanded our donor database extensively and also added to the number of annual grant applications submitted... an important step toward meeting increasing costs and our desire to provide more free community concert events. However, several of our most significant major donors have passed on in the last few years, effectively negating the gains we had made. In addition, for many years, the City provided $70,000 annually to the Symphony leading to an official name change from the Inland Empire Symphony to the San Bernardino Symphony in honor of this generosity. Several years ago however, this funding ceased mid -fiscal year, and the Symphony had to draw from the corpus of our long term investments to meet budgeted expenses. Last year, we were thrilled when City leaders voted to allow the Fine Arts Commission to reinstitute the process of arts funding and, although we have not sought the same level of funding as in years past, we are confident in our perception of the City's renewed desire to elevate local arts... and in the Fine Arts Commission's recognition of the Symphony as a partnering platform for the success of local businesses and other local arts organizations. As requested, we have provided our funds development initiatives and background for supplemental funding in Sections IX. And X., above. Community support has come through an increased breadth of donations and ticket sales which indicate a broader regional reach. We are pleased to also note an upturn in audience age -diversity (as measured by the increased number of student tickets sold) which, we noted, was a previous concern of the Fine Arts Commission. Further, more than 45 discrete zip codes now identify the mailing addresses of our ticket buyers. 2015-16 season ticket sales currently stand at 11 over $55,000 and single tickets for the December 2015 "Home for the Holidays" concert exceeded $11,000 — a number we had not seen since before the start of the Great Recession. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. Attached is a copy of the Symphony's most recent yearend audit prepared by Smith Marion & Company, LLP. CERTIFICATION Project Officer: Dr. Anne L. Viricel Title Executive Director Telephone No.: (909) 381-5388 Date January 13, 2016 12 2016-78 EXHIBIT D 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18tdby of April , 2016, BY AND BETWEEN: AND, 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"); Symphonie Jeunesse Orchestra (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 art related program proposed by Recipient ("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 ." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $10000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Symphonie Jeunesse Orchestra P.O. Box 21077 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Symphonie Jeunesse Orchestra RIN Its: Dated 92016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18y of April 12016, BY AND BETWEEN: AND, 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"); Symphonie Jeunesse Orchestra (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $10000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Symphonie Jeunesse Orchestra P.O. Box 21077 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: S' -�'" 2016 Dated i -t ; , 2016 RECIPIENT: Symphonie Jeunesse Orchestra Its:o u,.rr> ie'�-A2 /4R TUU )C D, iziz-r6e CITY OF SAN BERNARDINO I �' By: 1%e'C �f� 'A�et�— Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ` ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYMPHONIE JEUNESSE ORCHESTRA Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS - GRANT APPLICATION FORM City of San Bernardino - Fine Arts Commission Application Organization Name of Organization: Symphonie Jeunesse Orchestra Physical Address: 1900 N. D Street, San Bernardino, CA, 92405 Mailing Address: P.O. Box 21077, San Bernardino, CA, 92406-1077 Phone Number: Artistic Director - (951) 203-0759 Board President - (909) 915-4887 Email: sjostrings@gmail.com Non -Profit ID Number: 45-5559021 Website Address: htt1L/_/www,sym.Rh�niejeunesse_�r ; Years in Existence: 8 II. Contact Persons IV. MicheleTacchia Chief Artistic Director 431 West 24th Street San Bernardino, CA 92405 (951) 203-0759 mbernardel@gmail.com Program Category Music Period of Support Requested Naomi Myerchin President 5619 North I Street San Bernardino, CA 92407 (909) 915-4887 msnomisue@gmail.com One or more workshops will be held during season 9 based on availability of funds From: August 6, 2016 Through: June 24, 2017 Amount of Grant Requested: $10,000 or any fraction thereof Total Organizational Budget for fiscal year 2014-2015: $24,123.33 Percent of Organizational Budget Requested: 41.5% 1 VI. Realistic number of persons expected to benefit from this program: A) Number of SJO Students: 30 B) Number of SBCUSD Participants: 30 C) Anticipated Audience for Performance: 300+ (paying admission) Total: 360 per workshop VII. Intended Results The San Bernardino string music youth workshop program is intended to impact the members of SJO, 30 or more selected string students from SBCUSD, the parents and families of all string students, and community members wishing to attend the culminating performance. Participation will be measured through the number of applications received for the program, as well as the number of audience members and tickets sold. SJO will hold one workshop during the first semester of the 2016-2017 school year. Future workshop sessions would be ongoing every semester and may be offered based on funding, in-kind contribution, ticket sales, availability of facilities, and student/ community interest. The chart below details the projected impact that one workshop and performance would have on the community: Fiaures Based on One Workshop & Performance Target Groups SJO Students age 12- SBCUSD Students Parents/Family Community 18 age 11-16 For professional presenters Workshop 30 30+ and artistic director @ $50 per $1,000.00 Participants hour Maximum Use of classrooms, practice 30+ 200+ 100+ Audience $3,000.00 $3,000.00 Transportation Parking; Travel expenses for Participants $0 students, and project personnel Time Frame Saturday TBA Saturday TBA Saturday TBA Saturday TBA VIII. Project Budget Figures Based on One Works op & Per ormance Line Item Expenses Description of each line item Total Budget per line Total amount requested item for this project from FAC For professional presenters Salary/Wages and artistic director @ $50 per $1,000.00 $1,000.00 hour Facilities Use of classrooms, practice rooms and performance hall $3,000.00 $3,000.00 Transportation Parking; Travel expenses for $300 $0 students, and project personnel Lunch Providing Lunch to workshop participants @ $5.00 per $600.00 $0 student Music Scores Purchasing music for $1,000.00 $1,000.00 workshopand performance Printing Printing of tickets, programs, applications and certificates of $300.00 $0 com letion Total for 1 Workshop $6,100.00 $5,000.00 Total for 2 Workshops $12,300.00 $10,000.00 3 Symphony Association, and Latin Music Festival for County Parks and Recreation. A highlight of SJO's resume was going on tour with American Idol Artist David Archuleta, for the Los Angeles leg of Mr. Archuleta's "My Kind of Christmas" tour in December 2011. SJO performed in high profile venues such as the Grove of Anaheim, the Majestic Theater in Ventura, and Club Nokia in Los Angeles. Every year since 2009, SJO has recorded an audition DVD for admission to participate in the Community Arts Showcase at Disneyland and California Adventure Resorts. Despite a selection process that is highly competitive, SJO has been selected to perform at this prestigious theme park on every occasion. Additionally, the orchestra has successfully completed four west coast tours in the summers of 2011 through 2015, traveling to Santa Barbara and Cambria, CA. They have been invited to return in the summer of 2016. SJO has "opened" for the San Bernardino Symphony Orchestra on two occasions: January 15, 2012 and April 11, 2015. They have collaborated with Sinfonia Mexicana's youth Mariachi program in San Bernardino. Additionally, the group has performed memorial tribute concerts and presented the San Bernardino City Hall concert for the tenth year commemorative of September 11th. They performed collaborative concerts with the San Bernardino Youth Choir in 2012, 2013 and 2014 as well as collaborative collegiate chamber orchestra concerts at CSUSB during the same years. Their music for a Sunday afternoon concert series and Mother's Day concert series have been highly successful and well received by parents and the community for the last seven years, as well as their annual concerts at the Sturges Theater for the Performing Arts from 2009-2016. Additional achievements, workshops, and performing highlights include: Day -long workshop collaborative with the Hausmann String Quartet, January 21, 2012 - Collaborative with San Bernardino Symphony Orchestra hosting a day -long Strings Workshop for music students in the San Bernardino public schools - Art and Music in 19th Century Vienna Art Exposition, CSUSB 2012 - Kiwanis Club Program 90th Anniversary, 2012 - Southern California Gas Company Event, San Bernardino Orange Show, 2012 - 34th, 35th, 36th, 37th Annual Thanksgiving Ecumenical Services - Symphonie Jeunesse Recipient of ABC 7 Cool Kids Award, 2013 - Performance for Senator Mike Morrell's Women of Distinction Awards in 2013 and 2014 - Rotary North Partnership Concerts, 2008-2016 - Latin Music and Arts Festival, CSUSB 2014 - Performed at SBCUSD Golden and Crystal Apple Awards Ceremony, 2014 - Invitation to Record a CD, UC San Diego Music Department, project completed 2014 - San Bernardino Courthouse Concerts, Summer 2014 - Riverside Cinema Culturas Film Festival Debut, 2014 - District 5330 Rotary Convention, Cathedral City, CA in 2015 - Collaborative Invitation Concert and Workshop with Mountain Top String Orchestra, Lake Arrowhead, CA 2015 Fund Raising and Community Partnerships - The SJO non-profit organization has become financially sustainable through a variety of funding sources. The symphony generates income through charitable contributions, fundraisers, ticket sales, grant writing, community organization support and concert fees. The orchestra has established partnerships with San Bernardino Valley Concert Association, Rotary, Kiwanis, California State University San Bernardino, First Presbyterian Church (providing rehearsal rooms and concert venue), First Congregational Church (providing concert series venue), the San Bernardino Symphony Association and the city mayor's office as well as partnerships in the outlying communities of Santa Barbara and Cambria, CA. These groups support SJO both financially and through donation of resources such as, providing concert venues, rehearsal space, transportation, and community engagements. (Letters of community support are provided in the appendix of this application.) 61 2016-78 EXHIBIT E 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 1808ay of April , 2016, BY AND BETWEEN: AND, 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"); Richardson Prep Hi - San Bernardino Teen Music Workshop (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $22000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6 t Floor San Bernardino, CA 92418 TO THE RECIPIENT: Richardson Prep Hi - San Bernardino Teen Music Workshop 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Richardson Prep Hi - San Bernardino Teen Music Workshop Its: Dated , 2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18ttday of April , 2016, BY AND BETWEEN: AND, 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"); Richardson Prep Hi - San Bernardino Teen Music Workshop (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 art related program proposed by Recipient ("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: 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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $22000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Richardson Prep Hi - San Bernardino Teen Music Workshop 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: �'� 3 , 2016 Dated 4,-; / , 2016 RECIPIENT: Richardson Prep Hi - San Bernardino Teen Music Workshop By: Its: ��. d C CITY OF SAN BERNARDINO By: /tz"t'C'0 Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARDSON PREP HI - SAN BERNARDINO TEEN MUSIC WORKSHOP Page 8 of 8 ATTACHMENT 1 3ro" Visual And Performing Arts ---Grant Application Form City, of San Bernardino -Fine Arts Commission 1. Applicant/Organization San Bernardino Teen Music Workshop (Richardson PREP HI) 455 South K Street, San Bernardino, Ca. 92410 Phone: (909) 388-6438 Cell:(909) 800-7554 Non Profit I.D: 33-0263926 Website Address: sbteenmusicworkshop.com Program Established: August 2009 II. Contact Person: Bryan Wing Title: Program Director (Volunteer) Phone: (909) 388-6438 Cell (909) 800-7554 Email: l rl7an.wing(@sbcusd.coni III. Program Category Under which Support is Requested: Music/Dance Performance Program IV. Period of Support Requested: From: July 1St, 2016 to June 30th 2017 Amount of Grant Request: $22,000 1 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 145 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, House of Blues, 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. Last year's grants were used to add a Music Director, Vocal Music Director, Dance Instructors/Choreographer, Piano Teacher and Guitar Teacher, which has increased our total student class attendance from 4,855 in 2015 to over 8,000 this year. Current program needs include adding a Recording Technology Instructor to our professional staff and team of existing volunteer instructors. The addition of the Recording Technology Instructor would allow our program to meet the demand for increased instruction in modern recording technology and performance opportunities. 2 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: 135 per week C) Number of Classes per year: 290 Number of performances per year: 40 d) Total Projected Class Attendance: 11,000 Total Attending Performances: 30,000 VII. Intended Results: Target Group(s) Middle School High School Students Total amount Students each line item Time Frame 7-1-2016 to 6-30-17 7-1-2016 to 6-30-17 Number of Classes, 150 Classes 120 Classes Performances 20-25 Performances 36-40 Performances Anticipated Participants: 50-60 Participants: 50-60 maximum audience, Audience per year: Audience per year: participants etc. 10,000 20,000 VIII. Project Budget 2016-2017: List Item Description of Total Budget per Total amount Expenses each line item line -item for requested by project FAC Salary/Wages Music/Dance $22,000 $22,000 Instructors Music Directors $18,000 $0 Supplies & Sheet Music, $3,500 $0 Materials Strings, Drum Heads & Sticks Equipment Recordin Studio $5,000 $0 Travel Parking, Mileage $1,500 $0 Rentals/Leases Looking Glass $24,000 $0 Facilities use Equipment Re airs Music Instruments $1,500 $0 Total Expenses $75,500 $22,000 3 Income of Organization 2016-2017: Narne of Funding Source Amount Committed to the Project SBCUSD LCAP Grant $30,000 SBCUSD Innovations Grant $20,000 City of San Bernardino- Fine Arts Grant 2015 $0 Income for Showcases/Workshos $3,000 Contributions/Donations $500 San Manual Music Grant 2015 $0 Total Amount: $53,600 IX. 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: • Promote and offer the Teen Music Workshop program to all interested SBCUSD students. • Continue to 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. • Continue to 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. 10 X. Program History/Background: Sin;,e August 2000, the San Ser lardinc Teen Music Workshop has provided free professional music instruction, mentorship and challenging performance opportunities to over 80 district students annually. With the additional instructors hired last year, weekly program participants have increased from 85 to 145. In combination with other funding, this grant would help keep these services free to all existing 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), Performances in downtown San Bernardino, and SBCUSD Gathering for 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 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. CERTIFICATION: Project Officer: �` Title: Program Director Phone: 909-800-7554 Date: 2016-78 EXHIBIT F 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION FOR MUSIC AND THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into thisl8th day of April 2016, BY AND BETWEEN: AND, 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"); San Bernardino Valley Concert Association (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $23145, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: San Bernardino Valley Concert Association P.O. Box 377 San Bernardino, CA 92402 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION FOR MUSIC AND THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: San Bernardino Valley Concert Association M. Its: Dated , 2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. 6A-L� ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION FOR MUSIC AND THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into thil8th day of April 2016, BY AND BETWEEN: AND, 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"); San Bernardino Valley Concert Association (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 art related program proposed by Recipient ("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: 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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $23145, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: San Bernardino Valley Concert Association P.O. Box 377 San Bernardino, CA 92402 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION FOR MUSIC AND THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: / U ' t t- 2016 Dated ✓i , 2016 RECIPIENT: San Bernardino Valley Concert Association I: CITY OF SAN BERNARDINO IIn Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY CONCERT ASSOCIATION Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS --- GRANT APPLICATION FORM City of San Bernardino - Fine Arts Commission 1. APPlicant/Oreanizat!on. Name of Organization: San Bernardino Valley Concert Association Physical Address: 536 W 11!" St., San Bernardino CA Mailing Address: Box 377 San Bernardino, 92402 Telephone No. (909) 862-3668 Cell Phone. Non -Profit I.D. No. 95-2159433 Website Address (if available): Number of Years in Existence or in Teaching: 83 yrs. II. Contact Person: Ernest Garcia Title: President Telephone No: (909) 862-3668 Cell Phone: , 71- qs— Email Address: erdoear2@roadrunner.com III. Program Category Under which Support is Requested: The request for funding encompasses several categories: Music, Literary Arts, Theater, Visual Art IV. Period of Support Requested: From July 1, 2016 Through June 30, 2016 Amount of Grant Requested: $23,145 Total Organizational Budget for current fiscal year: $173,000 Percent of total Organizational Budget requested: 7% 1 V. Project Description/Need Statement: The San Bernardino Garcia Center for the Arts was dedicated on November 14th, 2015, by the San Bernardino Valley Concert Association, an organization which has been active in the cultural life of San Bernardino since 1933. In the organization's present form, it seeks to sponsor, promote, and sustain the arts in our community through the programs listed in Section III. The arts can playa critical role in the resurgence of San Bernardino. That point was made emphatically on November 17th, by a panel discussion sponsored by Zocalo, the public square at the Arts Center. Our programs and activities were all initiated by individua-Is or groups in our community. A mariachi group "Corona de Angeles" (Crown of Angels) will be based at the San Bernardino Garcia Center for the Arts. They will rehearse twice a week and have a schedule of performances. This "resident" mariacbi has a program to teach musical skills to children with special needs. The music will appeal to a large demographic in our community. The Director is Maria Sanchez, a long-time folkloric dance teacher. The San Bernardino Sings Folk Songs is presently recruiting singers and practicing once a week at the Center. Adult "old timers" will enjoy singing music from the past and sharing their performances with the community. This group is directed by Joyce Seeger, a retired teacher who began the group a year ago at a different site. A weaving program was recently suggested when the center received a gift of a loom and related equipment. That program is under development, as we search for a teacher. PoetrlE is a writing group whose members volunteered in the renovation of the building at 536 West 111h St. (The Center). They will hold monthly readings of poetry and prose at the Center and plan to teach classes in creative writing. Isabel Quintero -Flores, teacher, is a published author of 2 books and a writer of poetry, and is the contact person for this group. 2 A community theater group is in the process of organizing with plans to present its first play in the spring of 2016. Jill Robbins, a retired high school drama teacher, is recruiting interested participants, and planning the first production. Classes in oil painting will begin in the summer of 2016, taught by Luz Perez, a painter in many media who is an active member of the Plein Air Painters of Riverside. During the summer of 2016, art classes for children 8-12, will be taught by long-time artist and activist, Maggie Foss, who was a long-time employee and volunteer at the San Bernardino County Museum Printmaking -on a large scale, with neighborhood involvement, will be led by Bob Hurton, a local artist who does linoprinting, a form of monoprinting using linoleum as the base material. Mr. Hurton has exhibited in many venues, including the Da in Pomona. We have included in our request, funds for additional renovation. This will allow us to use the space to its capacity, providing additional arts programs for the community. Business Collaboration: The owner of the former Casual Living Store/ Pete's Finishland has been an early supporter of our efforts. She offered the use of their trash bin for disposal of our renovation debris and more recently donated many items of her close-out inventory to sell at our fund raising event. Habitat for Humanity donated 64 gallons of paint and Home Depot gave us all the materials needed to build our stage. We engaged Job Corps students in the landscaping, construction, electrical, and painting projects in the renovation of the building. VI. Realistic number of persons expected to benefit from these programs: a) Number of persons paid by attendance: 3 programs —140 b) Number of persons admitted by no fee: 4 programs — 950 c) Number of classes and or performances scheduled/length of display: 2 art classes: 3 week display, Mariachi• 6 performances folk song choir: 8 Performances, PoetrlE: 12 performances d) Total attending classes/performances/displays/exhibits: 1,090 3 VII. Intended Results: Target Groups: Children 8-12 Adults Middle/High each line item line item for this School Time Frame: 8/1/15 — 9/4/16 7/11/15 — 7/30/15— 5/1/16 Salary and Wages Prepare Venues, 5/30/16 $2,600 Number of 6 classes 12 readings 3 classes Performances/Classes/Exhibits 2 performances 6 performances 30 rehearsals 2 exhibits 2 exhibits 6 performances AnticipafedlVlaiiimi�iii P6MItipants: 30 Parlicipahm 88 Participanud 87 Audience, participants, etc. Audience: 90 Audience: 1,450 1 Audience: 340 VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? Line Item Expenses Brief Description of Total Budget per Total amount each line item line item for this requested from project FAC Salary and Wages Prepare Venues, $6,010 $2,600 Open for Activities Supplies Art Supplies, Sheet $1,980 $1,235 Music, Scripts Equipment Stage Lights, Roller, $4,710 $3,010 Etching Press Travel Visit "Like Program" $950 $450 Conferences Use of Use of 6000 sq. ft. for $29,320 $8,975 facilities(utilities, Activities/Performances maintenance Renovation Prepare/Restore Power $13,475 $7,475 and Plumbing and HAC Total Expenses and $56,445 $23,145 (41% from Amount Requested FAC) What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.) Name of Funding Source Amount projected to this project Contributions $25000 Fundraisers $ 3300 Endowment $ 5000 Total Amount: $33,300 4 IX. . Future objectives We plan to continue to expand the arts opportunities in a variety of expressions, theater, creative writing, dance, poetry, and increasingly involve the broader community to share experiences. We also expect additional donors as the San Bernardino Arts Center becomes more well-known in the community X. Provide a brief history/background of your organization/school project(s). (What you have done before in this category of the arts.) The San Bernardino Valley Concert Association was formed in 1933, incorporated in 1966 in the state of California and as a 501-c-3 non-profit in 1966. For its first 67 years it provided performances in music and dance in a number of venues with artists from national and international sources. In 2010, for a number of reasons, the emphasis shifted to si>onsoring/promoting/and sustaining non-profit and school- arts groups, with all expenses paid by SBVCA and all proceeds going to the groups. In 2015 we acquired a long-term lease for 536 W. 111h St. with the intent of creating an Art Center. The building, which had been heavily vandalized, has been renovated during the past year to serve as a site for a variety of arts events and activities. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application Attached 5 2016-78 EXHIBIT G 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE FOR VISUAL ART PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this — day of April 2016, BY AND BETWEEN: AND, 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"); Art Institute of California - Inland Empire (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 art related program proposed by Recipient ("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 ." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $6000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Art Institute of California - Inland Empire 674 East Brier Drive 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE FOR VISUAL ART PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 52016 RECIPIENT: Art Institute of California - Inland Empire Its: Dated , 2016 CITY OF SAN BERNARDINO U -In Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney y-7�� I v 8a-6 L—) ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE FOR VISUAL ART PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18thday of April 2016, BY AND BETWEEN: AND, 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"); Art Institute of California - Inland Empire (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 art related program proposed by Recipient ("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: 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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $6000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Art Institute of California - Inland Empire 674 East Brier Drive 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE FOR VISUAL ART PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,->f 0 - , 2016 Dated hkw 2-f , 2016 RECIPIENT: Art Institute of California - Inland Empire By: 1 �� Its:,,- v�= /� i✓y�v7,r� CITY OF SAN BERNARDINO L'In /4'e'z'X " ��- Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART INSTITUTE OF CALIFORNIA - INLAND EMPIRE Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino —Fine Arts Commission Applicant/Organization Name of Organization_ Art Institute of California Inland Empire Physical Address 674 East Brier Drive San Bernardino California, 92408 Mailing Address _674 East Brier Drive San Bernardino California Telephone No. ( 909 )_915-2116 Cell Phone (909) _900-7249 Non -Profit I.D. No. N/A Website Address (if available) artinstitute.edu Number of Years in Existence or in Teaching_10_ II. Contact Person Trevor Garrett Title Director of Accounting Telephone No: ( 909)_9152100 Cell No: (909)_915-2120 E-mail address: _tgarrett@aii.edu III. Program Category Under which Support is Requested: Visual Arts IV. Period of Support Requested: From 06/15/2016_ Starting Amount of Grant Requested _$8,000 Through 07/16/2016 _ Ending Total Organizational Budget for current fiscal year (Not applicable to schools} Percent of total Organization Budget Requested. V. Project Description/Need Statement The funds that we are asking for will be spent on all the sub -straight we need to build the canvases i.e. (4x8 ply wood boards for painting on, 2A's tobuild the frames of the canvases, nut & bolts to secure the canvases to the frames, and gesso to prime the boards for the artist.) The funds will also be used to purchase the art supplies that the artist will be using i.e. (cans of paint, markers, and acrylic paint all provided by spray planet.) $2500 of the funds will be used to bring Justin Bua to the event to do a demo for the community and young artist to enjoy. The rest of the money will be used for unforeseen cost of materials that need to be purchased. 8 VI. Realistic number of persons expected to benefit from this program. 350 a) Number of persons paid by attendance 0 b) Number of persons admitted by no fee 350 c) Number of classes and/or performances scheduled/length of display_5— d) Total attending classes/performances/displays/exhibits 5 VII. Intended Results: Target Group(s) High school students/Community Time Frame 5 hours Number of 3 live performances, Iplgkdrmances/classes, 1 art competition exhibits 1 art demo Anticipated maximum 350 — 77r1 audience, participants, etc. VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? What are other sources of tunding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.) Name of funding source I Amount committed to this proiect TOTAL AMOUNT 10 Brief Description of each Total Budget per line -item Total amount requested line item for this project from FAC Sub straight 40 pcs. 48 Plywood $800 $4315 240 pcs. 2x4 boards $760 160 bolts 3/46 $480 160 nuts % in $100 100 spray pairit cans $1,500 50 markers $675 Justin Bua The artist we want to come $3000 $3000 in and do the demo Advertisements 40 graphic T-shirts $450 $685 1 event banner $125 1,000 5x7 flyers $110 $8000 TOTAL EXPENSES AND AMOUNT REQUESTED What are other sources of tunding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.) Name of funding source I Amount committed to this proiect TOTAL AMOUNT 10 IX. Future Objectives Our future plans for this project is to create an event that we can make an annual event, and progressively make it a larger event though our 5 -year plan. We would like to make this a must go to event for the city of San Bernardino. 11 X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. Being apart of the club Creative Valer (visionary artist leading the environmental revolution), we were put in charge of organizing smaller gallery shows for the creative students of the school and artist brought in by the school. As of today we, Creative Valer have been responsible for organizing and setting up the last two gallery shows at the school. Xl. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. 12 CERTIFICATION: Project Officer: Telephone No: Title Date List Board of Directors and Officers (does not apply to parks and schools) (Include names, addresses, and telephone numbers.) 13 Our proposal is to put on a street art event for young adults ranging from 16 to 20 years old. There will be 20 openings for the event, and to be eligible to enter the competition they will have to be enrolled in high school, have a high school diploma, or a GED. These young adults will have the chance to work on and display their art in a public venue. Which will be open for all the community to come watch and appreciate the work. All of this will be taking place on the Art Institute Inland Empire California campus on July 16, 2016. In the city of San Bernardino young artist are looking for an outlet to show off their work. An event like this in a positive surrounding can help motivate and inspire young artist to pursue their goals in the art world. This will not just be an art competition, but also a community event. We will be providing live music, food trucks, and a live demo from artist Justin Bua. An event like this can help build the confidence in these young and aspiring artists, and show that the community does appreciate them as artist. Finally this gives the community of San Bernardino a chance to showcase the gems of the city. The young artist is this city deserve as a place where they can show off and display their art in a safe environment, and show their family and friends what they can do with a couple of cans of paint, some markers, and acrylic paint. Not only will this be a fun event for the community and the young artist, but it will be awesome for the art community. 2016-78 a *I 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK FOR VISUAL ART PROGRAMMING This Recipient Agreement (the "Agreement") is entered into thisl8thday of April 2016, BY AND BETWEEN: AND, 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"); Arts Connection Network (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 art related program proposed by Recipient ("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 "I." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 1 of 8 2016-78 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $8100, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Arts Connection Network 5500 University Parkway 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK FOR VISUAL ART PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: .2016 RECIPIENT: Arts Connection Network Its: Dated , 2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK FOR VISUAL ART PROGRAMMING This Recipient Agreement (the "Agreement") is entered into thisl8thday of April 12016, BY AND BETWEEN: AND, 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"); Arts Connection Network (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 1 of 8 2016-78 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $8100, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 3 of 8 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 Arts Connection Network 300 N "D" Street, 6t" Floor 5500 University Parkway San Bernardino, CA 92418 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK FOR VISUAL ART PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 141a, , 2016 Dated y' , 2016 RECIPIENT: Arts Connection Network Its: LFrp ('A -W_ c4yy CITY OF SAN BERNARDINO By: A14 Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B L� ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS CONNECTION NETWORK Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS --- GRANT APPLICATION FORM CbyofSanBennardino—FineArtsConnnoisaion Name ofOrganization Physical Address Mailing Address Telephone No. Cell Phone ) Non -Profit iD.No. Website Address (if available) Number ofYears inExistence orinTeaching 4�___ Contact PersonTitle Telephone No: Cell No:(E-mail address: 5� 87�8O4� Program Category Under which Support is Requested: Ki Period ofSupport Requested: From Starting Amount of Grant Requested Ending Total Organizational Budget for current fiscal year (Not applicable to schools) ic"+ Percent mftotal Organization Budget Requested. ~ 7 lb V. Project Description/Need Statement r. r S0'- NO ova, nus NplAe, selps F - O OWN t�a ic '"jposs El &V�&i jz� S a`_ v -:t -ame 3 Newspaper arl Tre in CO-Owman voensw' Autspacmal Ywas! Segura %im, sa ) VuWaw sw� w no n C r SV ww Law& wasod' man canimly ssw��. -o nas wer ar a.ms Qfsccnart Fit._ __ no nyyP�w 0a a Ws w get h:e�slel readOg tNOugh "! � an! Y aPNC - O"s tnx encoarage a Tr Poo& Magemen; arc -we OSWe;'� trese anots store passon �WM T-e nee -1 f -;t- ir'neasmg PCVT,�' �v-jja,,-�,�? reonwon Wars. o 10 we`vnl 7' 7 S67 LOOP ; j: ex-�'Q, cast ot i' 's b! 0 -0 sn.zww' p5jn&jn p �7'yrl jDws w >1 wa-7 Cam! y"gNTP, VQTO ES -05 WO TO &55.707.o 730 rx I S a ra 5 11 mnTV M -E nIns 107 1�..a no Garza Go qb,- i E st W7 -07 F; N ��nVcq 1� �Zs' LOS %05. S ant tws ths gram se san i wlrea% 7% Vnn DEMO aNl grant w4h prDwK VI. Realistic number of persons expected to benefit from this program. 125) VII a) Number of persons paid by attendance v' b) Number of persons admitted by no fee 1 ?5 c) Number of classes and/or performances scheduled/length of display ' � r r„ s, Vin: u`v C iix ';4J[�t t: C;L?i'?friati ifl bVE'8i- iorg display - G lc)i}i ,iass,sessivn V � ca a `rV£' d) Total attending classes/performances/displays/exhibits 15-25 per class/100 exhibit Intended Results: Ta t ;r+�un(sl high schocl sti tderits anrc ura mo ma imum ache) �.tI 1! i. /16 Nurnite of serf r i cesclasses, ?u clas, des - Or ie exhibition-+- publishi g opportunities 2X I StS AnttCpted maximum autii `ce pajjjC tints, etc, art cipa ts. 1 - b audience: 1 t)0 VN|' What are the project expenses, and how much isrequested from the Fine Arts Commission (FA[? '-F..a/..*,,*,/"",etlectv Grants Contributions �Revenue �uchaat�ketade�etc) xvnaz are vu"c/^v"."=,". =~.Name Brief Description of each Total Budget per line -item Total amount requested Line Item Expenses line item for this project from FAC TOTAL EXPENSES AND AMOUNT REQUESTED '-F..a/..*,,*,/"",etlectv Grants Contributions �Revenue �uchaat�ketade�etc) xvnaz are vu"c/^v"."=,". =~.Name Amount committed to this projectpkJ. of funding source TOTALAMOUNT S2000 10 Ix. Future Objectives "Ve 11anm ymnvmn or ex p �107 nion- n I :rs , an I �Is ".C'"'.C) fic V w aT 2 2 -6 :I� on�_';a re" -w- al 1A Win ill i � 100- CZWOWI Y Seinra 40 CAC ;MnT Ac� coww "0 navp W�11_S,_,d Meq Onyll for mor"vo roT wpq -;S rew vr­ !;I)"e. yer S Vel we wy Do Apo V sv AZ7 ' 1-e: tic! an ." -S n� '--:- 23 V& ;S cocneyeu to it a sml�yn our mmu MQ "I.J V%�- "F. tre n" =1gago -eswns - Pie Was of W my a' N' 0 -vas 0' Ncn yz wCow ago too log -a! and &w ou,, Ye :Sq _'-'_" ­,? ' P• tdc meet na Y�� �I 3! 0 p4m7r an z 0-�nwaq -j �04; ��g�ya Q; more v : on, SOVTQ4, R n 'nA�x I pqp qr4l :,O -S; jpyar�­ 11 X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CERTIFICATION: Project Officer: L1an*;a+'t- Title Telephone No: "- ('c Date 12 i_�ti' f C. Jtv4lJ r u y -e'. ra :J i �}..n e Ir. +.y �r✓t... r7,`�. i,� *i t e Y '..1 1,...� l t .xlA Y1r- _i_ a_ _,.0 V .. .�'i':. n-�,_.L `'�+ L- i u4^' . ,a K.,.tom gat ..,a. v,.1v.`��.it) u, f. J l(. a l.ultl.ra; s'se!. Y`.,�... - .:;1. ♦. .... -.. _ .t, ,.t _x 1 ....1 .. t tr �. ice. 4+. il_... XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CERTIFICATION: Project Officer: L1an*;a+'t- Title Telephone No: "- ('c Date 12 2016-78 EXHIBIT I 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL FOR THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18 thday of April , 2016, BY AND BETWEEN: AND, 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"); Kimbark Elementary School (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $12000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Kimbark Elementary School 18021 Kenwood Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL FOR THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Kimbark Elementary School Its: Dated .2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL FOR THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into thisl8thday of April , 2016, BY AND BETWEEN: AND, 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"); Kimbark Elementary School (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 art related program proposed by Recipient ("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: 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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $12000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Kimbark Elementary School 18021 Kenwood Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL FOR THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: May Z , 2016 Dated 4,11/ `` , 2016 RECIPIENT: Kimbark Elementary School By: ✓�� '�„ Its: 1 CITY OF SAN BERNARDINO By: A&Z-z Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIMBARK ELEMENTARY SCHOOL Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS --- GRANT APPLICATION FORM Ija City of San Bernardino —Fine Arts Commission I. Applicant/Organization Name of Organization Kimbark Elementary School Physical Address 18021 Kenwood Ave. San Bernardino, CA 92404 Mailing Address 18021 Kenwood Ave. San Bernardino, CA 92404 Telephone No. ( 909) 880-6641 Cell Phone (904 659-7846 Non -Profit I.D. No. Website Address (if available) http://www.sbcusd.kl2.ca.usAndex.aspx?NID=288 Number of Years in Existence or in Teaching 48 years II. Contact Person Mario Jacquez Title Principal Telephone No: ( 909) 880-6641 Cell No: ( 909) 659-7846 E-mail address: Mario.Jacquez@sbcusd.kl2.ca.us III. Program Category Under which Support is Requested: Theatre IV. Period of Support Requested: From Aug. 1, 2016 Through May 30, 2017 Starting Ending Amount of Grant Requested 25,000 Total Organizational Budget for current fiscal year (Not applicable to schools) Percent of total Organization Budget Requested. 7 V. Project Description/Need Statement Kimbark Elementary will develop a musical that will teach and focus on an environmental science topic. The program will focus on building student and teacher capacity in understanding the importance of Science, Technology, Engineering, Arts, and Mathematics (STEAM). Kimbark Elementary School serves students from all over the San Bernardino City Unified School District through its environmental science magnet program. The school mission is to help students gain a global perspective and understand their impact on the world around them. Providing students with new and exciting opportunities is an important part of building our students' global perspective. Kimbark has previously created and performed a science themed musical that focused on teaching students the important impact they have on the environment. Kimbark would like to continue to produce and present these meaningful productions that not only teach an important environmental message but also provide opportunities for students to perform and experience the arts first hand. Our goal for Kimbark is to build a sustainable program by building teacher and student capacity with the Arts. Students and teachers will work with subject matter experts in the arts on a weekly basis to learn the skills they will need to produce the musical. Students will work with different art experts while gaining the needed skill in play writing, music production, set and costume design. They will take the acquired skills and apply them to the musical that they will create and produce with their teachers. Teachers will also work with the subject matter experts to build their capacity to teach and inspire their students while planning and preparing for the school musical. Providing teachers with the skills is a key part of the program because this will create the sustainability to be able able to continue producing high quality musicals beyond the year of the grant. Partnering with local artists will create lasting relationships that will benefit the school community. Organizations like the San Bernardino Symphony will help build our students knowledge of music and its importance around the world. Over half the of students at Kimbark Elementary come from low socio economic families who can not afford to provide music and art enrichment for their children. This program will allow these students to experience the different aspects of musical theatre in a safe and accessible environment. Gaining a more in-depth understanding of theatre and the practical application of science as they research and study, students will have the background knowledge they will need to write and develop the musical. Students will use technology to research their topics as well as to produce and create music that can be used in the musical. As students produce the set they will gain an understanding of the engineering concepts needed to create sets and props for the musical production. In addition, students will work with local printing services to learn how to create posters, fliers and pamphlets for the musical. The funds received from this grant will allow Kimbark to take their musical to the next level of impact. This opportunity will allow students to work with technology, local community stakeholders, science and art experts to create a lasting project. Students will have a strong sense of pride in the finished project while learning several career pathways. Providing our students with a chance to write and produce an environmentally -themed musical will give them a global look at environmental issues while opening their eyes to future career opportunities. 8 VI. Realistic number of persons expected to benefit from this program. 500 a) Number of persons paid by attendance C b) Number of persons admitted by no fee All c) Number of classes and/or performances scheduled/length of display 40 classes / 5 Performances d) Total attending classes/performances/displays/exhibits 150 attend classes 500 attend performance VII. Intended Results: Target Group(s) Students Parents/ Teachers After School Program Time Frame 10/1/16- 5/30/16 10/1/16- 5/30/16 8/1/16- 5/30/16 Number of performances/classes, Weekly classes/ Lessons, 5 performances Weekly classes/ Lessons, 5 performances Weekly classes/ Lessons, exhibits Anticipated maximum Audience -500+ Participants- 75 Participants- 15 Participants- 150 audience, participants, etc. VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? Line Item Expenses Brief Description of each Total Budget per line -item Total amount requested Parent/ Community line item for this project from FAC Supplies Materials Art Supplies, costume Materials, Set materials 3,000.00 2,500.00 Equipment Sewing machines, tools, microphones, lighting, 5,000.00 5,000.00 Dance, Art and Acting 3,000.00 8,000.00 Fine Arts Instructors Instructors, music production Teacher Instructors Kimbark Staff who will participate in instruction from experts 2,100.00 1,500.00 Printing Programs, posters, invites 500 0 Computers for digital music Technology production and recording 9,000.00 8,000.00 equipment TOTAL EXPENSES AND 27,600.00 25,000.00 AMOUNT REQUESTED What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.) Name of funding source Amount committed to this project S BC US D 2,400.00 Parent/ Community 200.00 TOTAL AMOUNT 2,600.00 10 IX. Future Objectives Kimbark is working towards fully implementing STEAM in our daily lessons and activities. Our environmental Science Magnet program is well established in the community. As we work towards fully developing a program that will help our students become college and career ready, we want our students to fully understand the importance of Science, Technology, Engineering, Mathematics as well as the Arts. Fully implementing STEAM at Kimbark Elementary is a top priority ensuring that we are helping students gain 21 st century skills that will prepare them to become the innovators of the future. Helping students have access to Fine Arts instruction is integral to the development of well rounded students who are creative problem solvers. Our hope is to build a sustainable Musical Theatre program where we have built capacity in our students and staff to continue to teach one another the needed skills to prepare and perform an original musical focused on environmental science. Providing students with opportunities to explore dance, singing, set design, costume design and the other skills needed is not only enriching the students, but also the communities in which they live. Kimbark Elementary is a magnet program that serves students from all over the City of San Bernardino. 11 X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. The first musical performed at Kimbark was NASA's "Space School Musical." Focused on space science and the solar system, students learned about space concepts through reading, music, and arts. Students and staff enjoyed the initial learning process and curriculum that left students singing about our solar system for the rest of the school year. Our school employees then used environmental topics to write an environmental musical in which over 100 students participated. During "Recycle! The Musical," students learned about topics like native plants, recycling and trash, the water cycle, solar power, and conservation while singing and dancing, creating costumes and backdrops. The story included three students who did not care much for their environment. After they were visited by Mother Nature, the children entered a magical world where water drops, California plants, and solar panels came to life to teach the main characters valuable life lessons. Over 100 students stayed after school to learn about environmental topics while rehearsing, and then performed for parents, district personnel and community members. Our school hosted 5 performances for families, community members, and school district personnel. During the practice sessions, students were given opportunity to learn more about each topic through research and hands-on activities. It is through creative opportunities like this that our are kept students interested and engaged in environmental learning. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CERTIFICATION: Project Officer: Title �rir•t r pA t Telephone No: 41-0 R fo S'q --73 If L Date 12 2016-78 EXHIBIT J 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER FOR THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18ttday of April , 2016, BY AND BETWEEN: AND, 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"); CSUSB Opera Theater (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $11132, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 3 of 8 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 CSUSB Opera Theater 300 N "D" Street, 6 t Floor 5500 University Parkway San Bernardino, CA 92418 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER FOR THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: CSUSB Opera Theater Its: Dated 2016 CITY OF SAN BERNARDINO 0 Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER FOR THEATER PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18tlday of April , 2016, BY AND BETWEEN: ."I 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"); CSUSB Opera Theater (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $11132, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 3 of 8 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 CSUSB Opera Theater 300 N "D" Street, 6th Floor 5500 University Parkway San Bernardino, CA 92418 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER FOR THEATER PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: �� , 2016 Dated , 2016 RECIPIENT: CSUSB Opera Theater LO -A Its: CITY OF SAN BERNARDINO By: k4d- Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB OPERA THEATER Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino —Fine Arts Commission Applicant/Organization Name of Organization_ Dr. Stacey Fraser, Director of CSUSB Opera Theatre Physical Address 5500 University Parkway, San Bernardino CA 92407 Mailing Address 5500 University Parkway, San Bernardino, CA 92407 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. Number of Years in Existence or in Teaching 51 II. Contact Person Dr. Stacey Fraser Title Professor/Director of CSUSB Opera Theatre Telephone No: (909 ) 537-5835 Cell No: (619 ) 985-4156 E-mail address: sfraserCcDcsusb.ed III. Program Category Under which Support is Requested: Theatre IV. Period of Support Requested: From September 10, 2016 Through June 10, 2017 Starting Amount of Grant Requested 11,132.35 Ending Total Organizational Budget for current fiscal year 25, 002.00 (Not applicable to schools) Percent of total Organization Budget Requested 44% It V. Project Description/Need Statement After eight years of highly successful opera productions by the CSUSB Opera Theatre including the most recent presentation of Kurt Weill and Bertolt Brecht's The Seven Deadly Sins, Opera Director Dr. Stacey Fraser is making application for funding through the Fine Arts Commission Grant, City of San Bernardino to develop and maintain the current Opera Theatre program to comprise a full season of opera that will include an opera scenes concert for the Fall of 2016, a winter 2017 presentation of short one act operas and a full main stage 2017 spring production of Robert Xavier Rodriguez' The Old Majestic. The funding from the Fine Arts Commission of the City of San Bernardino is indeed something from which our opera program and our 2016-2017 season would greatly benefit. Opera is an expensive venture and to be done correctly and in the traditional 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. The fall Opera Scenes performance is scheduled for November 2016, the black box presentation of one act operas is scheduled for February 2017 and the main stage performances of The Old Majestic are scheduled for May 2017 in the Recital Hall in the Department of Music, CSUSB. The productions will be directed by Dr. Stacey Fraser and performances will be conducted by Dr. ChoEun Lee, recent graduate of the prestigious Collaborative Keyboard Arts program at USC and resident artist at the world renowned Tanglewood Music Centrer, 2013-2014. Garry Fish will be the Technical Director for the entire CSUSB Opera Theatre 2016-2017 season and Costume Design will be created by Emmy winning Jacqueline Saint -Anne, a collaborator of the CSUSB Opera Theatre for the past four 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 the full opera season at CSUSB. Ms. Julie Nichols, Director of the Office of Development, will 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 throughout the 2016-2017 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 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 continue to present a full season of performances, one in fall, one in winter and the main -stage production in spring. Due to the increased popularity of the opera program, both the students and our audience greatly benefit from a longer season. The fall performance will feature excerpts from Mozart's H re pastore, Rodriguez' Monkey See Monkey Do, and Rodger and Hammerstein's Carousel. The excerpts from these works will be presented in a semi -staged fashion with reduced orchestration and feature the students of the CSUSB Opera Theatre. The winter 2 performance will be a presentation of one- act operas that will feature music faculty, students and guest artists. 0 The Spring 2017 main stage production of Robert Xavier Rodriguez' The Old Majestic 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 culture 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 Great Depression period in Hollywood, California. The Old Majestic is a poignant comedy -romance set at the beginning of the Great Depression. Eight Vaudeville performers bravely face the end of an era, as they see Vaudeville giving way to film. The libretto includes actual Vaudeville routines plus quotations from celebrated Vaudeville performers. The single set shows the backstage of the Majestic Theater with an off-stage chorus of booers and clappers to represent the audience during a performance. (http://www.robertxavierrodriguez.com/infosheets/majestic.htmi) The CSUSB Opera Theatre is pursuing collaboration and partnership with the well-known and critically acclaimed San Bernardino restaurant, Castaway, to promote both the opera and the opportunity for fine dining experience in our city. Ideas for promotion include: 1) Castaway 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 Castaway and buy one ticket get one 50% off. • Option 2: 10% off dinner at Castaway get one free ticket for the opera with the purchase of one General Admission ticket. 3) Buy one get one promotion 3 VI. Realistic number of persons expected to benefit from this program. a)' Number of persons paid by attendance 1200 b) Number of persons admitted by no fee 1640 c) Number of classes and/or performances scheduled/length of display 13 performances between November 1, 2016 and June 10, 2017 d) Total attending classes/performances/displays/exhibits 2840 VII. Intended Results: Target Group K-12 Students General Public Time Frame 11/1/16-6/10/17 11/1/16-6/10/17 Number of 8 performances (7 5 performances Performances/classes SBCUSD school site visits and 1 open dress rehearsal on the CSUSB campus) • Curtis Middle School • Arroyo Valley High School • Richardson Prep • San Gorgonio High School • San Bernardino High • Ceasar E. Chavez • Cajon High School Anticipated 1640 1200 maximum audience, participants Iv VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? Line Item Expenses Brief Description of each line item Total Budget per line -item for this project Total amount requested from FAC Salary and wages Orchestra, Choreographer, Conductor, Designers Guest Artists 18,260.00 8132.35 Supplies and Materials sets, costumes, props, printing 5132.35 2000.00 Royalties Performance rights, part rentals 1000.00 500.00 Receptions For patrons and donors 1000.00 500.00 TOTAL EXPENSES AND AMOUNT REQUESTED 25, 392.35 11,132.35 What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.) Name of funding source Amount committed to this project CSUSB Dept of Music 6000.00 Projected Ticket Sales 6760.00 Program Advertising 500.00 Office of Student Research Grant 1000.00 TOTAL AMOUNT 14, 260.00 5 CSUSB Opera Theatre Season 2016-2017 Revenue Projected Ticket Sales (Rodriguez) Number - Student 250 - General Admission 100 - Faculty 25 Projected Ticket Sales (One Act Operas) Student General Admision Projected Ticket Sales (Scenes) Student General Admision Funds from Dept of Music Program Advertising OSR (Peer Lab) Fine Arts Commission Total Revenue Expenses Salary and Wages Orchestra - Players Conductor Orchestra Contractor Fee Make-up/Hair Artist Fee Costume Coordinator Fee Student Assistant (Peer Lab) Costume Assistant Fee Set Designer Fee Projection Designer Fee Lighting Designer Fee Choreographer Fee Guest Artists Jess Issaac Design/Photos Supplies and Materials Costumes Props Set Make-up/hair supplies Printing - Program - Invitations Mailing Price Total $8.00 $2,000.00 $15.00 $1,500.00 $12.00 $300.00 80 $8.00 80 $15.00 80 $6.00 80 $11.00 Number Price 10 $450.00 $480.00 $1,200.00 $400.00 $880.00 $6,000.00 $500.00 $1,000.00 $11,132.35 $25,392.35 Total $4,500.00 $1,400.00 $0.00 $300.00 $4,000.00 $1,000.00 $400.00 $1,000.00 $800.00 $800.00 $400.00 $3,260.00 $400.00 $3,000.00 $300.00 $1,000.00 $450.00 500 $0.50 $250.00 500 $0.265 $132.35 $0.00 Other Receptions $1,000.00 Rental Scores/Royalties $1,000.00 Total Expenses $25,392.35 IX. 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. iA X. Provide a brief history/background of your organization/school project (s). (What you have 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 eight 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 Hansel 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 Curandero this past May 2015. There have already been two productions that have taken place during the present season of 2015- 2016. This includes scenes from Stephen Sondheim's Into the Woods and Gaetano Donizetti's Don Pasquale as well as the West Coast premiere of the two piano and percussion version of Kurt Weill and Bertolt Brecht's The Seven Deadly Sins. The May 2016 main stage production of Don Pasquale is currently in rehearsal. Performance dates are May 6th and May 7th, 2016 in the Performing Arts Recital Hall on the CSUSB campus. The CSUSB Opera Theatre has also performed for four schools in the City of San Bernardino School District over the last two months. Two additional outreach performances are scheduled for late May 2016. 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. The CSUSB Opera Theatre has been partnering with La Rendez-Vous Cafe for the present 2015-2016 season on various promotions. We are pursuing a new San Bernardino restaurant with which to partner for our 2016-2017 season due to the fact that Le Rendez-Vous has relocated to Colton, CA. E1 XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CSUSB Opera Theatre Season 2015-2016 (not yet audited) Revenue Projected Ticket Sales (Pasquale) - Student - General Admission - Faculty Ticket Sales (Weill, 2-5-16) Student Special General Admision Ticket Sales (Scenes 11-19-15) Student Special General Admision Funds from Dept of Music Program Advertising OSR (Peer Lab) Fine Arts Commission Total Revenue Expenses Salary and Wages Orchestra - Players Conductor Orchestra Contractor Fee Make-up/Hair Artist Fee Costume Coordinator Fee Student Assistant (Peer Lab) Costume Assistant Fee Set Designer Fee Projection Designer Fee Lighting Designer Fee Choreographer Fee (Sandy ) Guest Artist (Faith Jensen-Ismay) Guest Artist (Kevin Blickfeldt) Guest Artist (Anne Harley) Guest Artist (Rachel Huang) Guest Artist (Wen -ting Huang) Guest Artist (Craig Shields) Guest Artist (Michael Couper) Guest Artists (Kathryn Maclellan) Jess Issaac Design/Photos Z Number Price Total 250 $8.00 $2,000.00 100 $15.00 $1,500.00 25 $12.00 $300.00 146 $8.00 $1,168.00 19 $12.00 $228.00 38 $15.00 $570.00 167 $6.00 $1,009.00 2 $9.00 $18.00 19 $11.00 $209.00 $6,000.00 $0.00 $1,000.00 $11,000.00 $25,002.00 Number Price 10 $450.00 Total $4,500.00 $1,400.00 $0.00 $300.00 $4,000.00 $1,000.00 $0.00 $1,000.00 $800.00 $1,000.00 $400.00 $1,000.00 $1,000.00 $400.00 $400.00 $500.00 $350.00 $150.00 $800.00 $400.00 Supplies and Materials Costumes Props Set and Set painter fee Make-up/hair supplies Printing - Program - Invitations Mailing Other Receptions Rental Scores/Royalties Total Expenses $1,400.00 $300.00 $1,000.00 $0.00 500 $0.50 $250.00 500 $0.265 $132.35 $0.00 $1,000.00 $900.00 $24,382.35 CERTIFICATION: Project Officer: Titley Telephone No: �, / 10 Date " " — J (,-, 2016-78 EXHIBIT K 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR VISUAL ART PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18thday of April , 2016, BY AND BETWEEN: AND, 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"); Norton Academy (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 art related program proposed by Recipient ("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 ." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $3098, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Norton Academy 503 E. Central Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR VISUAL ART PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Norton Academy M. Its: Dated , 2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR VISUAL ART PROGRAMMING This Recipient Agreement (the "Agreement") is entered into thisl8thday of April , 2016, BY AND BETWEEN: AND, 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"); Norton Academy (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 art related program proposed by Recipient ("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 ." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $3098, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 3 of 8 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 Norton Academy 300 N "D" Street, 6th Floor 503 E. Central Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR VISUAL ART PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: M Q 12— , 2016 DatedAeLv , 2016 RECIPIENT: Norton Academy By: .^ Its: Vl CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney U ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 8 of 8 ATTACHMENT 1 4' VISUALAND PERFORMING ARTS --- GRANT APPLICATION FORM City of San Bernardino -Fine Arts Commission Applicant/ Organization: Name of Organization Norton Space and Aeronautics Academy_ Physical Address -503 E. Central Ave. San Bernardino, Ca 92408_ Mailing Address: 503 E. Central Ave. San Bernardino, Ca 92408 Telephone No. (909) 386-2300 Cell Phone ( ) Non -Profit I.D. No. Website Address (if available) http://www.lewiscenter.ore/index.ph Number of Years in Existence or in Teaching 7 II. Contact Person Makeda Parker Title Fine Arts Teacher Telephone No: ( ) Cell No: (909) 644-8188 E-mail address: mparker@tcer.org III. Program Category Under which Support is Requested: Visual Arts IV. Period of Support Requested: From August 08, 2016 Through June 9. 2017 Starting Ending Amount of Grant Requested $3,089 Total Organizational Budget for current fiscal year (Not applicable to schools) Percent of total Organization Budget Requested. V. Project Description/ Need Statement Norton Space and Aeronautics Academy is a duel immersion charter school in San Bernardino. 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. However, we are in consent need to replenish basic art supplies. Our 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 continue to insure all students have the necessary tools to study, create, and display visual art. For the past six years The NSAA Parent Teacher Organization has been the host of an annual art show. Students have the opportunity to display their visual art work in the cafeteria "art gallery". Top artists are chosen by visual art judges. Ribbons are given to the top placers and all work is available for purchase through a silent auction fund raiser. This program continues to support the artistic endeavors of those who don't have personal access to visual art materials and/or instruction. This past two years all NSAA students were able to display work they created in art class. These works included collages, oil pastels as well as mixed media and marker renderings. Ms. Munoz, NSAA Art Teacher and professional visual artist, advocates 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 to be utilized by all students, certificates and incentive awards, as well as provide honorarium compensation for guest art show artist judges. 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. 8 VI. Realistic 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: VIII. Project Budget.Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount that the project will cost per line -item. Give the amount requested from the Fine Arts Commission for that line item. Total the expense and amount requested columns. See Sample below: Salary /Wages - For Instructor 8,800 Supplies & Materials- Art supplies, materials 1000 `' 1000 to create gallery space, student awards and 1598 incentives, printing 1598 Equipment Travel Rentals or Leases: Fees and Other honorarium for guest 1000 500 artists and judges TOTALS OF 10,000 EXPENSES„ AND AMOUNT REQUESTED total: $3,089 IX. Income of the organization. List grant awards received by the organization in the past 12 months, if any. Do not include pending requests. List other income for this project such as ticket sales, other sales, contributions, fundraisers, etc. Sample: Lewis Center for Educational Research 8,800 NSAA PTO Fund Raisers 500 Total Amount $9,300 IX. 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 projects including the NSAA Art Show. 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, back to a year with inadequate supplemental supplies and second hand materials for instruction. X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. For the past few years 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. Last year we used grant sources to fund supplemental budget items as well as funds funneled through the PTO and their year-long fundraising efforts. We look forward to continuing a Visual Art program were all students have access to quality instruction, materials, as well as presentation of their works. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. WA CERTIFICATION: Project Officer: _Makeda Parker Title_NSAA Fine Arts Teacher Telephone No:_(909) 644-8188 Date -2/9/2016 List Board of Directors and Officers (does not apply to parks and schools) (Include names, addresses, and telephone numbers.)XII. Include your organization's financial report for the past fiscal year, stating whether it has been audited or not. Ordered By: LEWIS CENTER FOR EDUCATIONAL RESEARCH SUPPLY REQUISITION FORM claudia munoz Date Submitted: Catalog Triarco Arts and crafts M.—fif., pano It npsr_rintion of Item *I*T; Date Needed: Item # orice total 1 Tempera 8 pump kit RA00701 DK $115.00 $115.00 2 Prang Watercolor class set RA1408ODK $135.00 $270.00 20 Mixed media pads RA136063DK $7.95 $159.00 10 Standard assorted colors 49-8645DK $14.95 $149.50 2 Cra ola oil pastel class set RA03959DK $34.50 $69.00 1 Prisma color class set RA00755DK $280.00 $280.00 1 Heavy Duty Sharpener RA06521DK $146.95 $146.95 1 Learn to Draw kit RA13443DK $143.95 $143.95 1 mini canvas set RA09265DK $250.00 $250.00 2 paint effects stamp RA05817DK $15.95 $31.90 20 black construction paper RA02949DK $1.20 $24.00 1 Speedball printmasters Press 100-0020 $358.00 $358.00 1 Prisma color marker class set RA09065DK $365.00 $365.00 20 Prismacolor sharpener RA15458DK $1.50 $30.00 1 Art supply Cart RZ14055 $206.50 $206.50 total 2,5 Please give detailed instructions/descriptions of items ordered, including the catalog with the item tagged, if possible. Seek your Supervisor's approval and then forward the completed and signed form to: Laura Hoffman, Purchasing Clerk. Thanks! Supervisor's Signature Account to be Charged: 2016-78 EXHIBIT L 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND DANCE PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 180day of April , 2016, BY AND BETWEEN: AND, 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"); Norton Academy (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $3737, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Norton Academy 503 E. Central Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND DANCE PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Norton Academy Its: Dated , 2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. 1 CLX.—. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND DANCE PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18tlday of April 12016, BY AND BETWEEN: AND, 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"); Norton Academy (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $3737, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Norton Academy 503 E. Central Ave. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY FOR MUSIC AND DANCE PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12- , 2016 Dated c''! / , 2016 RECIPIENT: Norton Academy By: Its: �1►(i G u GI I CITY OF SAN BERNARDINO By:L Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. , ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NORTON ACADEMY Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino -Fine Arts Commission Applicant/ Organization: Name of Organization Norton Space and Aeronautics Academy_ Physical Address 503 E. Central Ave. San Bernardino, Ca 92408_ Mailing Address: 503 E. Central Ave. San Bernardino, Ca 92408_ Telephone No. (909) 386-2300 Cell Phone( ) Non -Profit I.D. No. Website Address (if available) httg://www.lewiscenter.o[g/index.php Number of Years in Existence or in Teaching 7 II. Contact Person Makeda Parker Title Fine Arts Teacher Telephone No: ( E-mail address: mparker@lcer.org Cell No: (909) 644-8188 III. Program Category Under which Support is Requested: Dance IV. Period of Support Requested: From August 08, 2016 Through June 9. 2017 Starting Ending Amount of Grant Requested $3,736.50 8 VI. Realistic 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+ / Chinese New Year 700+/ AA History Program- 700+ / Carnival- 1000+ c) Number of classes and/or performances scheduled length of display _36 classes / 5 displays d) Total attending classes/performances/displays/exhibits _2200+ VII. Intended Results: Time Frame Number of Performances, classes, exhibits etc.' Anticipated maximum audience, participants, etc. August 2016- June 2017 36 classes/ 5 performances 2200+ VIII. Project Budget. Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount that the project will cost per line -item. Give the amount requested from the Fine Arts Commission for that line item. Total the expense and amount requested columns. See Sample below: For Instructors 10,640 Dragon Dance Costume 1336.50 Talent show supplies 400 and Awards Rentals or Leases NSAA Talent Show Venue Fees and Other honorarium for guest dance companies 1000 2000 1736.50 2000 IX. Income of the organization. List grant awards received by the organization in the past 12 months, if any. Do not include pending requests. List other income for this project such as ticket sales, other sales, contributions, fundraisers, etc. Sample: Name of f undin source Lewis Center for Educational Research NSAA PTO Fund Raisers Total Amount 10,640 1000 11640 IX. Future Objectives NSAA Dance program has found great support from volunteer parents as welt 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 projects including the NSAA Talent Show. If FAC Grant funds are not allotted NSAA Dance program we will not be able to invite guest dance groups or purchase costumes for student use. The curriculum will be modified, back to a year with out professional dance participation and shabby costumes for performances. X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. For the past few years NSAA administration was able to portion funds and contract professional artists to teach dance concepts to student as part of an enrichment rotation schedule. Last year we used grant sources to fund supplemental budget items as well as funds funneled through the PTO and their year-long fundraising efforts. We look forward to continuing a Dance program were all students have access to quality instruction, materials, as well as presentation of their work. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. WA CERTIFICATION: Project Officer: _Makeda Parker Title_NSAA Fine Arts Teacher Telephone No:_(909) 644-8188 Date -2/9/2016 List Board of Directors and Officers (does not apply to parks and schools) (Include names, addresses, and telephone numbers.)XII. Include your organization's financial report for the past fiscal year, stating whether it has been audited or not. Oto JAoe OLD JADE DBA 3749 Brookoak Street Riverside,CA 92501 323-515-4800 I X\ (M I, X". ). 20160205001 t) \ I k February 5, 2016 ti ft) 11,:1: I U JESSIC HSIEH EXPIRATION DATE 02/29/2016 I t i Jessica Hsieh Norton Space And Aeronautics Academy 951-288-2807 __.., SHIPPING SHIPPING DELIVERY PAYMENT DUE DATE SALESPERSON JOB METHOD TERMS DATE, TERMS :,Due on receipt Luke QTY -ITEM # DESCRIPTION UNIT PRICE LINE TOTAL DISCOUNT ; 1_ DRAGON# .. 5 ...._ __ Chinese Dragon Performance Props(RED) . $ 780.00 ; $ 780.00 1 CART#5-6 Wooden Dragon Cart 15000 15000 30 FAN002L Chinese Dancing Fans(Color) Left 420 1u' ` 30 FAN002R Chinese Dancing Fans(Color) Right 4.20 126.00 s 30 FAN008 Chinese KungFu Fans (Black) 550 > 165.00 30 DR0012 Chinese Dancing Ribbons (RED) 460 .,._. _..., _.. 138.00 1 PROMO Wholesale Discount 10•/s I (148.50); TOTAL DISCOUNT ! d (148.50)! Quotation prepared by: SUBTOTAL $ 1,485.00 This is a quotation on the goods named, subject to the conditions noted below: SALES TAX. TOTAL; $'50 origin: Imported from CHINA To accept this quotation, sign here and return: THANK YOU FOR YOUR BUSINESS! 2016-78 EXHIBIT M 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18thday of April 2016, BY AND BETWEEN: AND, 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"); Sinfonia Mexicana Mariachi Youth Academy (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $24000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6th Floor San Bernardino, CA 92418 TO THE RECIPIENT: Sinfonia Mexicana Mariachi Youth Academy 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: Sinfonia Mexicana Mariachi Youth Academy ME Its: Dated , 2016 CITY OF SAN BERNARDINO Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MUSIC PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18tbday of April 2016, BY AND BETWEEN: AND, 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"); Sinfonia Mexicana Mariachi Youth Academy (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $24000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 3 of 8 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: Office of the City Manager 300 N "D" Street, 6t" Floor San Bernardino, CA 92418 TO THE RECIPIENT: Sinfonia Mexicana Mariachi Youth Academy 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MUSIC PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 Dated A..-; , 2016 RECIPIENT: Sinfonia Mexicana Mariachi Youth Academy CITY OF SAN BERNARDINO IM Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SINFONIA MEXICANA MARIACHI YOUTH ACADEMY Page 8 of 8 ATTACHMENT 1 ATTACHMENT 1 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino —Fine Arts Commission Applicant/Organization Name of Organization Sinfonia Mexicana Mariachi Youth Academy Physical Address 562 W. 4th St. San Bernardino, CA 92401 Mailing Address 562 W. 4th St. San Bernardino, CA 92401 Telephone No. (909) 884-3228 Cell Phone (909) 557-0305 Non -Profit I.D. No. 91-2160533 Website Address (if available)www.sinfoniamexicana.com Number of Years in Existence or in Teaching: Youth Academy - 7 years; Sinfonia Mexicana became a 501 (c)(3) in 2001; and operated under the San Bernardino Symphony from 1985 — 2001. II. Contact Person Anthony Bocanegra Title Executive Director Telephone No: (909) 884-3228 Cell No: (909) 557-0305 E-mail address: Anthony@sinfoniamexicana.com III. Program Category Under which Support is Requested: Music IV. Period of Support Requested: From July 1, 2016 Through June 30, 2017 Starting Ending Amount of Grant Requested $25,000 Total Organizational Budget for current fiscal year _$63,000 (Not applicable to schools) Percent of total Organization Budget Requested. 39% 1 ly V. Project Description/Need Statement Funding from the San Bernardino Fine Arts Commission will be used by the Sinfonia Mexicana Mariachi Youth Academy to provide a comprehensive mariachi music education for one year. The Academy provides weekly music classes for a total of 46 weeks in a fiscal year. The rigorous program includes small class and individual instruction by skill level — beginner, intermediate, advanced, and advanced performing. The curriculum and content complement students' academic studies. 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 8-20 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. Consistently, over 75% of the students are from low-income families, qualify for free lunch at their schools, while many are considered academically at -risk. Given their socioeconomic backgrounds, students lack access to the benefits of a musical arts education at their schools or in their communities; as well an appreciation of their cultural history and native Spanish language. Research has proven the positive correlation between a music education and academic performance, and the Academy program provides this music education 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, the Assistant Director, communicates directly with the parents. Oscar Gonzales and Juanita Bigelow are charged with 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, CSUSB graduate, is the violin instructor. Jonathan Palomar, a member of Los Camperos de Nati Cano, teaches guitar. Sinfonia Mexicana partners with Theater Arts International (TAI) to share program and strategic marketing ideas. TAI offices are located in the California Theater and Sturges Auditorium. Sinfonia has partnerships with over 30 small businesses throughout San Bernardino to assist with community outreach efforts. In exchange they are offered free tickets to the concerts. These include Yum Yum donuts, Bob & AI's Tires, a local feed store, tortilla factories, and the San Bernardino Medical Group Pharmacy. 2 VI. Realistic 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 major performances at the California Theater, Sturges Theater or local theater venue; 1 performance at CSUSB or UCR graduation; and 8 additional performances at elementary schools and community cultural events. d) Total attending classes/performances/displays/exhibits 7,088 audience & students VII. Intended Results: Target Groups) Students — ages 8-20 years Time Frame 7/1/16 to 6/30/17 Number of 46 weekly classes. performances/classes, Estimated 10-12 exhibits performances Anticipated maximum Student participants - audience, 88. Estimated participants, etc. audience - 7,000. 3 VIII. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? Line Item Expenses Brief Description of each Total Budget per line -item Total amount requested Performance Income line item for this project from FAC Salary/Wages Music instructors gross $34,800 $14,000 salary Supplies and Trajes $7,500 0 Supplies & Materials (uniforms) Equipment Rental of sound equipment $1,000 0 Van rental and travel to $1,000 0 Travel performances Rental of venue for classes $5,850 $5,000 Rentals or leases and performances Fees and other Historical recordings, $12,000 $5,000 insurance, professional fees, administrative office $62,150 $24,000 TOTAL EXPENSES AND AMOUNT REQUESTED What are other sources of funding for this Proiect? Grants. Contributions. Revenue (such as tirkpt calpc ptc I Name of funding source Amount committed to this project Revenue/Student fees $12,000 Performance Income $4,000 Contributions/Grants $20,150 Fundraisers/Student Sponsors $2,000 TOTAL AMOUNT $38.150 4 X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. Sinfonia Mexicana Mariachi Youth Academy (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. 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 or recent graduates 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. XI. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CERTIFICATION: Project Officer: Title Cit Telephone No: 40 - ���—�JZ Date 2016-78 EXHIBIT N 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCE, THEATER, FILM, AND LITERARY PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18tlday of April 2016, BY AND BETWEEN: AND, 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"); LJR Intellect Academy of the Arts (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 art related program proposed by Recipient ("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 ." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $10000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 3 of 8 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 LJR Intellect Academy of the Arts 300 N "D" Street, 6th Floor P.O. Box 90421 San Bernardino, CA 92418 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCE, THEATER, FILM, AND LITERARY PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 RECIPIENT: LJR Intellect Academy of the Arts LOW Its: Dated , 2016 CITY OF SAN BERNARDINO Un Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 8 of 8 2016-78 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCE, THEATER, FILM, AND LITERARY PROGRAMMING This Recipient Agreement (the "Agreement") is entered into this 18tlHay of April , 2016, BY AND BETWEEN: AND, 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"); LJR Intellect Academy of the Arts (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 art related program proposed by Recipient ("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." ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 1 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of $10000, 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 December 1, 2016, or is unable to begin work on the Project by February 1, 2017, or is unable to complete the Project by June 30, 2017, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 2.3 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. 2.4 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. 2.5 Reports. The Recipient shall provide to the City, not later than February 1, 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 month, 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, 2016 until June 30, 2017, 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 2 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 3 of 8 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 LJR Intellect Academy of the Arts 300 N "D" Street, 6th Floor P.O. Box 90421 San Bernardino, CA 92418 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 4 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 5 of 8 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. ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 6 of 8 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, 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. ATTACHMENTS. The Attachments 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] ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 7 of 8 ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS FOR DANCE, THEATER, FILM, AND LITERARY PROGRAMMING IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 Dated hpf,,Z & , 2016 RECIPIENT: LJR Intellect Academy of the Arts By: Its:.Exec 4' ✓L CITY OF SAN BERNARDINO By: dl Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR INTELLECT ACADEMY OF THE ARTS Page 8 of 8 ATTACHMENT 1 VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM City of San Bernardino —Fine Arts Commission Applicant/Organization Name of Organization: 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) 770-4825 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: 8 years II. Contact Person: Lvnnzora Rogers Title: Executive Director Telephone No: (909) 770-4825 Cell No: (909) 770-4825 E-mail address: Lvnnzora@hotmail.com III. Program Category Under which Support is Requested: Dance, Theatre, Film, and Literary Arts IV. Period of Support Requested: From June 15, 2016 Through May 29, 2017 Starting Amount of Grant Requested $10,000 Ending Total Organizational Budget for current fiscal year $60,000 (Not applicable to schools) Percent of total Organization Budget Requested. 15% 7 /so" V. Project 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. Not only 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: • San Bernardino Parks & Recreation: This is the biggest change/collaboration we'll be adding this year. Parks & Recreation expressed a serious need for organized programing for the low-income San Bernardino residents that frequent their various centers (Delmann Heights, Lytle Creek, Ruben Campos, and the Hernandez Center). They are familiar with UR arts programing and expressed that they'd love for us to help build a citywide arts program at their centers. This means competing dance teams, dance instruction, theatre, film, etc. Since UR is constantly looking to mentor as many at -risk youth as possible through it's arts programming, it only made sense to partner with Parks & Recreation as they already have the participants. Through this partnership we'll be tripling the amount of San Bernardino residents served through our programs. • 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! • 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. 0 8 • My Healthy 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! 0 VI. Realistic number of persons expected to benefit from this program. 700 a) Number of persons paid by attendance: 0 b) Number of persons admitted by no fee: 0 c) Number of classes and/or performances scheduled/length of display: 3-4 d) Total attending classes/performances/displays/exhibits: 1,390 VII. Intended Results: Target Group(s) Children, ages 5-12 High School StudentsAdults/Seniors Time Frame Number of 48 Classes 48 Classes 12 classes performances/classes, 2 performances 2 performances 1 performance exhibits Antici ated maximum Participants: 60 Participants: 30 300 audience, artici ants, etc. Audience: 500 Audience: 500 10 Vlll. Project Budget What are the project expenses, and how much is requested from the Fine Arts Commission (FAC)? Line Item Expenses Brief Description of each Total Budget per line -item Total amount requested Southern California Edison line item for this project from FAC Independent Contractors (Arts For personnel working on this $37,000 $6,000 Instructors, program/eventproject. overage, etc) Insurance (Liability) Needed in order to legally run $1,275 $1,000 he ro ram. Program Equipment Needed to meet the goals of $6,325 he proiect Program Supplies Items Needed to adequately 400 meet the oals of the roiect Facility Rental and Utilities Payment for use of location foi$12,000 lasses, performances, exhibit Marketing/Promotions Program promotion to insure $3,000 $3,000 we're serving the max # of participants. 60,000 $10,000 TOTAL EXPENSES AND AMOUNT REQUESTED %All. + a n+hnr a^tirrcc of fiinAina fnr thic nrnipct? Grants_ Cnntrihutions. Revenue (such as ticket sales. etc.) Name of funding source Amount committed to this project Board of Directors $1,000 Southern California Edison $5,000 ellsFargo $1,500 DBG $15,000 In -Kind Donations/Trades (Facility Rental, utilities, orofessi n I services, etc) 16,000 r TOTAL AMOUNT $38,500 11 IX. Future Objectives Other funding for this project will come from various sources: • UR Board of Directors always spearhead fundraisers and even donate themselves. Various grants: UR are is always looking for grant opportunities that will help us carry out our programs. Every year we're able to secure between $15,000-$30,000 in grant support. Some of organizations/foundations that have been extremely helpful and financially supportive of UR are Southern California Edison, WellsFargo, The James Irvine Foundation, The City of San Bernardino, and of course San Bernardino Fine Arts Commission. • !n -kind Donations: Every year we've been successful in obtaining free equipment, supplies, and facility use that has helped us in carrying out various events, classes, and programs. In-kind donations don't cover all needs but have been very instrumental in helping us get through projects/programs, especially when resources were limited. if for whatever reason we're not funded by the Fine Arts Commission, we will definitely proceed with the proposed project but on a smaller scale. We'd probably need to offer less classes and as a result we would end up serving less people. Our long-term goals overall is to continue to use the arts as a tool to continue to uplift/enrich the community, celebrate diversity, and to keep youth out of trouble through our arts programming. 12 X. Provide a brief history/background of your organization/school project (s). (What you have done before in this category of the arts. UR Arts Academy has been actively using THE ARTS as a way to uplift youth in the San Bernardino community through Operation Uplift San Bernardino. We've held arts carnivals and talent shows for low-income residents that generated around 400 people. Please see the link below: https://vimeo.com/Iirartsacademy/talentshow Below you'll see examples of short films we've worked on with our youth. Pressure: As short film about peer pressure and the importance of making the right decisions. https://vimeo.com/ljrartsacademy/pressuremovie Do Something: A short film about bullying that also promotes suicide prevention and the importance of standing up for what's right. https://vimeo.com/ljrartsacademy/dosomething "What makes UR a unique arts organization is that 90% of our performances and the art derived from our programs (as you see in our films above) is positive, informative, and uplifting. We really love to show people the power the arts has to inspire and educate. We've held professional traveling arts workshops for at -risk, underprivileged, and low-income youth in San Bernardino. These workshops were designed to promote professional and personal growth of youth and young adults in the community. As a result of our workshops and people who were happy with our work and effectiveness, we have now expanded our operations to various parts of the city of San Bernardino (in both community centers and schools). A couple of years ago we did Operation Uplift San Bernardino: Flashmob Style, which was supported by Southern California Edison and The James Irvine Foundation. See the link below: https://vimeo.com/Ijrartsacademy/flashmob During this program we not only offered classes to at -risk, underprivileged, and low-income youth AND young adults, but we also brought in a professional who taught and organized flashmob performances. Some of the most troubled youth with serious discipline issues performed in front of hundreds of people. There biggest performance was a surprise flashmob that they did in front of the San Bernardino City Council. The show's purpose what not only to give the students an opportunity to work on something productive, and bring to light all of the progress we're making with troubled youth in San Bernardino, but the youth (through their creative performances) urged San Bernardino lawmakers and residents to support THE ARTS and programs like UR Arts Academy. They creatively expressed how participating in the arts keeps them out of trouble, allows them to effectively express themselves, and literally has saved their lives. Please see the link below of the video link below of the flashmob at the City Council that has aired on local television and viewed thousands of times. In the video we you'll see that we recognized Edison as one of our supporters of that project. 13 X1. Attach a copy of your last fiscal year financial report, audited or unaudited. This does not apply to schools or parks. Failure to submit this will result in rejection of your application. CERTIFICATION: Project Officer: Lynnzora Rogers Title Executive Director Telephone No: (909) 770-4825 Date February 10, 2016 14