HomeMy WebLinkAboutCouncil Memo Item 8 and 22City Council Memorandum
Date:
__________, 2016
Date: June 6, 2017
To: Honorable Mayor and City Council Members
From: Mark Scott, City Manager
By: Gigi Hanna, City Clerk
Subject: Amendments to Agenda Item 8: Approval of Draft Council Minutes
for May 15, 2017 and Item 22: Fine Arts Grant Funding
It has come to staff’s attention to address edits to the draft City Council Minutes of May
15, 2017 and replace the attachments for Item 22 regarding Fine Arts Grant Funding.
The following corrections have been made to the approved Motions for Items 11 and 17
on the Minutes for the May 15, 2017 City Council Meeting and the replacement pages
(packet pages 123 and 126) are attached to this memorandum:
Packet page 123, Item 11 has been amended as follows:
11. San Bernardino County Code Related to the Abatement of Fire Hazards
and Hazardous Trees with Local Amendments (Chapter 3 of Division 3
of Title 2 of San Bernardino County Code) – Final Reading and Adoption
Approved
Motion: Adopt the Ordinance.
MCC-1445 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, adopting by reference Chapter 3 of
Division 3 of Title 2 of the San Bernardino County Code
related to the abatement of fire hazards and hazardous trees
with local amendments.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Packet page 126, Item 17 has been amended as follows:
17. Amendment of the CalPERS Contract to Establish a New Retirement
Benefit Formula for Police Safety – Final Reading and Adoption
Approved
Motion: Adopt the Ordinance.
MCC-14456 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, authorizing an Amendment to the
Contract between the Mayor and City Council of the City of
San Bernardino, California, and the Board of Administration
of the California Public Employees’ Retirement System..
making determinations and confirming assessments and
proceedings for unpaid solid waste collection services.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Also attached is a replacement Staff Report for Item 22, Fine Arts Grant Funding, to
update the recipient list, Attachment 1 to the Staff Report (Resolution), and Exhibits A
and B to the Resolution.
Please feel free to contact City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief
Deputy City Clerk John Paul Maier (maier_jo@sbcity.org) should you have any
questions.
Staff Report
City of San Bernardino
Request for Council Action
Date: June 7, 2017
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Fine Arts Grant Funding Recommendations for FY 2017-18
Recommendation
Allocate $200,000 from the Cultural Development Construction Fee Fund (247 -090-
0053) to provide grant funds to fine arts and educational organizations in the amounts
recommended by the Fine Arts Commission (FAC) for FY 2017-18.
Background
The City’s Fine Arts Commission stopped meeting in 2012, as the City declared fiscal
emergency and staffing for the commission became onerous. The Commission had
traditionally been staffed by a member of the Mayor’s staff , but cuts to that budget made
it untenable. In November 2014, the City Clerk agreed to provide staff services to the
Commission and the Mayor and City Council members were asked to appoint members
of the commission.
The commission asked to update its duties to reflect a broader definiti on of arts and to
clarify the commission’s role. On November 17, 2014 the MCC approved MC -1408,
amending the charge of the Fine Arts Commission. The ordinance stated that the Fine
Arts Commission shall:
A. Make recommendations to the Mayor and Common Council for the development
and promotion of the visual and performing arts in San Bernardino;
B. Work with public and private cultural organizations to promote the efficient
utilization of community art resources and to enlarge the opportunities for the
diverse City population to participate in and enjoy culturally rewarding
experiences;
C. Develop a master plan for fine arts objectives and development in San
Bernardino;
D. Review the financial needs of fine arts organizations in San Bernardino and
recommend specific grants within the City budget allocation for approval by the
Mayor and Common Council to achieve overall cultural objectives; and
E. Promote other art related activities as resources are available.”
Once the commission was reestablished, it set out to work on several objectives,
including a grants program for local arts organizations. Revitalization of the grants
program was deemed necessary to support city-wide art and cultural programs of
benefit and interest to a broad segment of the city’s population.
With Mayor and City Council approval, and funding coming from the Cultural
Development Construction Fee Fund (247-090-0053), The Mayor’s FY 2015/16 budget
included $184,749 for Fine Arts grants; the 2016-2017 budget for Fine Arts grants was
$198,212. The funds offered a bright spot of hope in a city with few funding options to
provide quality cultural performances and instruction opportunities to residents.
The Fine Arts Commission set the criteria for grant funding. Funding consideration was
only given for a one-year period. To qualify, applicants had to be: Non -profit status 501-
c-3; or arts classes or public school programs within the city of San Bernardino. Grant
requests had to relate to one of the following categories to be eligible for funding:
Music
Dance
Visual Art
Theater
Literary Arts
Arts organizations were informed of the availability of grants through email blasts and
phone calls, as well as announcements at the Mayor and City Council meeting s.
Established arts organizations are aware of the grants and keep in contact with the City
Clerk’s Office about the process throughout the year.
In 2017, additional requirements were added: Applicants were asked to partner with a
local business for promotional or other collaborative purposes, and a majority of the
Board of Directors either residents or employed in the City of San Bernardino or by
public schools within the City. Recipients are also required to submit a year-end report
of the activity that was funded, as well as inform the FAC of any grant-funded
performances so that they may attend. They also must credit funding from the FAC in
press releases about their grant-funded performance or activity.
Discussion
Based on the two years’ previous funding levels, The Fine Arts Com mission, chose to
recommend $200,000 in funding. The deadline for submission for grant requests for FY
2017-18 was February 15, 2017. Twenty-five organizations submitted applications,
requesting a total of $468,567.
Copies of the applications were sent to FAC members for review prior to its agendized
special meeting Saturday, March 5, 2016, at which time the commissioners interviewed
each of the applicants. Commissioners reviewed interview notes and application
packages and made the final decisions on grant allocations at the Commission’s next
regular meeting, on March 14, 2017.
Three applications were disqualified for not meeting the requirements stated in the grant
requests, such as local board members, an attached f inancial report and letters of
support. The other applicants were advised that the FAC was unlikely to fund the full
amount requested. The following is the recommendation of the Fine Arts Commission
for 2017-18 Fine Arts Grant Funding:
Qualified Requesting Organization Funding
Request
FAC-Recommended
Funding
Untapped Hip Hop $10,000 $3,000
Cajon High School $4,500 $4,000
St. John’s Community Success Center $9,000 $5,000
LJR Intellect Academy of the Arts $15,000 $5,000
Symphonie Jeunesse $10,000 $10,000
Operation New Hope $22,575 $10,000
Junior University $14,500 $10,000
CSUSB Opera Theater $12,507 $10,000
Parks, Recreation and Community Services
Dept
$58,350 $10,000
Sinfonia Mexicana Mariachi Youth Academy $31,000 $10,000
United Nations of Consciousness $20,000 $10,000
Woodward Leadership Academy $10,000 $5,000
Bing Wong Elementary School $30,000 $10,000
SB County Arts Connection $14,275 $10,000
San Bernardino Valley Concert Assn. $13,120 $13,000
KVCR Educational Foundation $15,900 $15,000
Teen Music Workshop/Richardson Prep HS $26,000 $20,000
San Bernardino Symphony $49,500 $25,000
San Bernardino Valley College Foundation $45,000 $25,000
TOTAL $411,227 $200,000
Fiscal Impact
The Fine Arts grant funds are taken from Cultural Development Construction Fee Fund
(247-090-0053). The current cash balance of the Fund (as of 5/24/2017) is $3.5 million.
Conclusion
Arts feed the soul, and arts funding, much more. In a city starving for hope of a brighter
future, the FAC grants support local fine arts and artists and cultural experiences that
allow the residents of San Bernardino to glimpse what is possible with cooperation,
collaboration and community and city support. The recipients recommended for support
in 2017-18 represent a diverse range of artists, teachers, and performers. Together,
they are building community.
Attachments
Attachment 1 – Resolution
Attachment 2 – Abstract of recommended programs for Funding 2017-18
Attachment 3– FY2017-18 FAC Grant application
Attachment 4 – MC-1408
Recommendation:
Adopt a resolution authorizing executing agreements with 19 Fine Arts Commission
Grant Recipients for FY 2017-18 from the Cultural Development Construction Fee Fund
(247-090-0053).
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RESOLUTION NO._______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING FINE ARTS GRANTS TO NINETEEN
RECIPIENTS IN A TOTAL AMOUNT OF TWO HUNDRED THOUSAND DOLLARS
($200,000)
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 proposals by all of the applicants for grants and recommends the City support
the programs proposed to promote fine arts and culture by recipients in the amounts stated in
Exhibit “A” attached hereto and incorporated herein.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The grants for the programs described and in the amounts as set forth in
Exhibit “A,” attached hereto and incorporated herein, are approved.
SECTION 2. Prior to disbursement of each grant, the grant recipient must execute a
Grant Recipient Agreement in favor of the City, the terms of which are at least as favorable to
the City as those set forth in Exhibit "B", Grant Recipient Agreement attached hereto and
incorporated herein. If the City Attorney approves the form of a Grant Recipient Agreement
pursuant to this resolution, and if such agreement is executed by the grant recipient, then the
City Manager is authorized on behalf of the City to, and shall, execute such agreement. If the
Grant Recipient Agreement is not fully executed by the grant recipient, City Attorney, and
City Manager within sixty (60) days of the passage of this Resolution and returned to the
Office of the City Clerk, then this authorization is rescinded and deemed void.
SECTION 4. The City Manager is hereby authorized and directed to execute and deliver
such agreements and related documents as are reasonably required to implement the intention
of this Resolution.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING FINE ARTS GRANTS TO NINETEEN
RECIPIENTS IN A TOTAL AMOUNT OF TWO HUNDRED THOUSAND DOLLARS
($200,000)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a ______________________________
meeting thereof, held on the _____ day of ________________, 2017, by the following vote,
to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2017.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
EXHIBIT A TO RESOLUTION
ABSTRACTS OF
PROGRAMS RECOMMENDED FOR
FINE ARTS GRANT FUNDING 2017/18
Arts Connection: $10,000
This is a multi-faceted, public art initiative that will include classes, workshops, talks,
and installations. Arts Connection will collaborate with the non-profit “Fallen Fruit” to
create a living artwork installation at the Garcia Center for the Arts, with satellite
locations in the surrounding neighborhood. The installations will include a variety of
citrus trees, hand-crafted wooden picnic tables etched with community quotes, and a
suite of public participatory projects to foster a sense of belonging, sharing,
togetherness and pride. Arts projects include drawing a self-portrait on a lemon, an
exhibition at the Feldheym Library showcasing the photographic portraits of
participants and the stories collected around the neighborhood. There will be a
poetry workshop and a printing and production of a “zine.”
Bing Wong Elementary School: $10,000
This funding will assist in paying for art instructors from the Art Institute of San
Bernardino to provide art classes, workshops, and professional development.
There will also be learning excursions for students to the Art Institute, and. there are
also plans to expand current classes in dance, such as hip-hop and folklorico by
paid instructors. The school is committed to offer a complete iSTEAM program
(innovation, imagination, inspiration, Science, Technology, Engineering, Arts, and
Math). The number of persons expected to benefit from this program are 500
students and 36 teachers and support staff.
Cajon High School ASB: $4000
This funding is for an Arts Festival produced through the collaboration of Associated
Student Body and the International Baccalaureate programs. The Festival is in its 3rd
year and involves both students and the community. It will be a showcase of student
work as well as demonstrations of art in progress that may not be associated with a
particular class. All Cajon students will be able to participate in the festival and have
opportunities to create art. The community members attending the Festival will see
live performances of orchestra, band, theatre, poetry, dance, choir, solo singers, art,
films and ceramics. The grant would provide funds for art supplies and equipment.
CSUSB Opera Theatre: $10,000
Funding for Opera Theatre will allow the Director of the program to develop and
maintain a full season of opera that includes an opera scenes concert, a
presentation of short one-act operas, and a full main stage production of “El Gato
con Botas” by composer Xavier Montsalvatge. The target audience will include the
campus community and the community at large in San Bernardino. In addition,
the CSUSB Opera Theatre will do eight community outreach concerts within the
San Bernardino City Unified School District.and invite students to a dress rehearsal
at the University. Grant funds will assist in paying for orchestra musicians and other
professional staff, supplies and materials, royalties, and printing costs.
EXHIBIT A TO RESOLUTION
Jr. University: $10,000
The Jr. University, a long-time youth theatre group in San Bernardino, will use the
funding to assist in the production of the 2017 summer production of “Peter Pan,”
paying for the production staff and a live orchestra. Over 100 young people will be
involved in all aspects of the production at Roosevelt Bowl in Perris Hill Park.
Through the 14 performances during July and August, the organization projects
7500 persons attending, 1700 of whom will be admitted with no fee. Local
businesses are underwriting two free nights of theatre for the underserved families of
the community.
KVCR Educational Foundation: $15,000
Funding from the grant will financially create the ability for KVCR-TV to profile,
produce and broadcast a new TV short series , Expressions of Art, that will profile 10
arts organizations or projects in dance, music, visual arts, theater, literary arts or film
in San Bernardino. One show per month will be presented to the large audience of
KVCR, the KVCR You Tube Channel and shared on KVCR-FM to highlight the arts
in San Bernardino. After all 10 segments are produced, the team will create and
produce two 30-minute shows featuring all 10 segments. Community members
becoming aware of arts programs currently happening in the city could range from
1000-10,000 for each airing of the program.
LJR C: $5,000
The funding for this program will assist in the operation of dance, theatre, film
production and creative writing classes at three different San Bernardino sites. In
addition to instruction, LJR organizes regular productions and showcases throughout
the year. Film production classes teach students every aspect of being an
independent filmmaker and producing short films that allow San Bernardino
residents to creatively tell their stories. LJR plans to collaborate with several
agencies and organizations, including San Bernardino Unified School District, IEMG
TV, the PAL Center, San Bernardino Parks and Recreation, St. Johns Episcopal
Church, San Bernardino Housing Authority and CSUSB.
Operation New Hope: $10,000
Operation New Hope is a charter school serving young adults, aged 16-24, who gain
job-readiness skills and a high school diploma. The funding will assist in the
creation of a sound/video studio at the school-site. It will allow students and
community members to create full-production music and video, story-line adaptation,
visual lighting aspects, camera skills and full-motion video. The school is partnering
with Guitar Center in San Bernardino for instruments and recording equipment and
the Art Institute local artists.
Parks and Recreation Department of the City of San Bernardino: $10,000
The proposed funding will be used to offer additional programs through several arts
genres, such as music, dance, theater, ceramics and other forms of visual arts at 5
community centers offering 2 classes per week.
EXHIBIT A TO RESOLUTION
San Bernardino Valley Concert Association: $13,000
This project will take place at the Garcia Center for the Arts, and includes five
cultural sessions during the year, featuring families from five ethnic groups sharing
history, music, dance and literature; childrens movies and art experiences for
parents and children with time for discussion which develops critical community
development; puppet-making, set construction, script writing and performance for
children 8-12 years of age; Dia de los Muertos and Las Posadas celebrations which
concentrate on art work, poetry, music and historical/cultural presentations; and four
theatrical events during the year. The funding will pay for supplies and materials,
rentals/purchases of movies, honoraria for instructors, and royalty payments for
production of plays.
San Bernardino Valley College Foundation: $15,000
After many years of no instruction in instrumental music, SBVC is reviving the
program, and now has a professor in that category. Because the college is lacking in
the number of instruments needed to carry out instruction to students who cannot
afford to purchase their own, the funding will be used to purchase instruments to
loan to those students. Every interested student, music major or otherwise, will be
welcome to play. As the program grows, musical performances in several genres
such as concert band, pep band, jazz band, orchestra and chamber music will
emerge.
San Bernardino Symphony: $25,000
The San Bernardino Symphony will enter its 88th year in the city, and desires to
continue its programming at the California Theatre in downtown San Bernardino.
The funding will assist in paying for the rent on the theatre for the 5 regular concerts.
In addition, the Symphony also performs 2 back-to-back concerts for 3400 school
children at the theatre. The funding from the grant will not pay for additional rental of
the theatre for the children’s concerts ,the rehearsals of the orchestra , nor the cost
of the required stage crew.
Sinfonia Mexicana Mariachi Youth Academy: $10,000
The funding will provide high quality music instruction to approximately 99 students
in the Mariachi Academy program. This instruction is by skill level in small groups ,
thus allowing the instructors to provide individual support to students. Classes are 3
times a week for 46 weeks. Instructors are highly qualified and experienced
musicians and mariachi performers.
St. Johns Community Success Center --Ballet Folklorico: $5,000
Girls aged 6 to 14 will learn traditional dances with traditional costumes, in a large-
group format, taught by volunteer instructor Gary Ferrara in classes twice a week.
They will learn how the dances originated and about the occasions calling for such a
dance. Older dancers will perform for the public. This program came about through
the desires of parents in the community who participate in the Success Center, and
wanted to expand their children’s knowledge of dance forms from the home states of
their grandparents and great-grandparents. The Center has a record of success in
EXHIBIT A TO RESOLUTION
its many programs, such as the Homework Center, creative interaction with arts and
crafts, a family literacy project, and several dance programs.
Symphonie Jeunesse: $10,000
Two workshops for 30 Symphonie Jeunesse students and 30 additional string music
students from SBCUSD middle schools. These will be all-day Saturday events
consisting of small educational workshop sessions . The funding will pay for
professional musicians and educators to facilitate the workshop sessions. SJO
members will mentor the students from the schools. There will be a culminating
performance of the workshops students, the SJO members and the professional
musicians. Symphonie Jeunesse performs throughout the city and in many other
locations, including Disneyland.
Teen Music Workshop--Richardson Prep High) $20,000
The San Bernardino Teen Music Workshop , a community based performing arts
program, is available at no cost to all San Bernardino City students in 6-12 grades.
Currently, there are about 200 students participating. Professional instruction is
provided weekly in instruments, vocal performance and dance. In addition, the
program hosts a fully operational recording studio where song writing, music
production and recording technology are taught. This group performs at venues
both in the city and in many other locations, carrying the San Bernardino name
throughout Southern California. Funding will assist in paying for additional
instructors in all facets of the program and a part-time Recording Technology
instructor.
Untapped Hiphop: $3,000 (Fiscal Agent-Art Institute)
The funding will support a street art competition (Street Glyphics) geared toward
young artists in San Bernardino. The event will consist of live music, food vendors,
art demos and an art competition for contestants from the areas of spray paint,
acrylics, and markers. The artists will have 4 hours to create an art piece on-site for
the chance to win a scholarship to the Art Institute. The organization hopes to hold
this competition in downtown San Bernardino.
United Nations of Consciousness: $10,000
This grant will assist in funding three programs at the Anne Shirrells Park
Community Center. The programs are a week-long summer day-camp, a drum and
dance class which meets twice a week during the school year, and a writers
workshop for adults. These programs, which expose youth and the community to
traditional African and Pan-African arts of music, dance and storytelling. are
coordinated and taught by the Sesh Project, a program developed by Makeda
Kumasi, a professional performing artist. The grant will assist in funding marketing
and printing expenses, teachers and artists, field trip costs, facility rental,
performance costumes and class supplies.
Woodward Leadership Academy: $5000
Woodward Leadership Academy is a charter school in San Bernardino serving
Kindergarten-6th grade students. The project for which the funding is requested is
for an 8 week multidisciplinary program designed to inspire curiosity about
EXHIBIT A TO RESOLUTION
trailblazing women. This will be done through the enjoyment of literary arts and
visual arts for 5th and 6th grade girls, culminating with a live Women’s History Month
performance of their work. Students will research a little-known woman in S.T.E.M.
Guest instructors will teach students performance techniques, poetic form and
structure, speaking presence, audience connection and memorization techniques.
Funding will pay for guest instructors, supplies and equipment.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
Page 1 of 8
GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND [RECIPIENT]
This Grant Recipient Agreement (the “Agreement”) is entered into this ___ day of __________,
2017, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the “City”);
AND,
[RECIPIENT] (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 in the Recipient’s proposal in Attachment “1,” attached hereto
and incorporated herein in order to promote fine arts and culture within the City of San
Bernardino. The Project shall be budgeted in substantial conformity with the budget included in
Attachment “1.”
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
Page 2 of 8
2. COMPENSATION AND EXPENSES.
2.1 Compensation. RECIPIENT shall be paid the grant amount of [AMOUNT],
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, 2017, or is unable to begin work on the
Project by February 1, 2018, or is unable to complete the Project by June 30,
2019, then any unexpended Grant amount paid to Recipient shall be immediately
returned to the CITY.
3.3 Records and Audits. The Recipient shall maintain accounting books, records,
documents and other evidence relating to this Agreement, adequate to show,
without limitation, all costs incurred and revenues received by the Recipient for
the Project and the overall progress toward completion of the Project ("Project
Books and Records"). The Recipient shall maintain Program Books and Records
in accordance with the generally accepted accounting standards. Program Books
and Records must be kept in the possession of the Recipient for at least three
years after the date of last disbursement under this Agreement, or for such longer
period, if any, required to resolve any claims or audits, or if required to do so by
the City.
3.4 Access. The Recipient shall permit, and shall ensure that all third parties
permit, authorized representatives of the City, agents of the City, and any other
third party authorized by the City, unrestricted access at all times to: (i) Project
Books and Records and any other documentation related to the Project held by the
Recipient; (ii) the premises of the Recipient where Project Books and Records are
kept or Project activities are or have been carried out; (iii) other sites where
Project-related documentation is kept or Project activities are or have been carried
out; and (iv) all personnel of the Recipient.
3.5 Reports. The Recipient shall provide to the City, not later than December 1, 2017,
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, 2017 until June 30, 2018, inclusive.
This Agreement may be terminated at any time upon thirty (30) days written notice by either
PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing.
The duration of this Agreement may be extended with the written consent of both parties.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
Page 3 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. NO EMPLOYEE OR AGENT RELATIONSHIP.
RECIPIENT shall perform acts provided by this Agreement, but for all intents and purposes
RECIPIENT shall not be 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 licenses, if any are
required, in connection with the actions to be performed hereunder.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
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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 [RECIPIENT INFORMATION]
290 North “D” Street, 3rd Floor
San Bernardino, CA 92401
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
10. ATTORNEYS’ FEES
In the event that litigation is brought by any PARTY in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
11. ASSIGNMENT.
RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all
or any part of the RECIPIENT’s interest in this Agreement without CITY ’s prior written
consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall
constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY’s consent, no subletting or assignment shall release RECIPIENT of
RECIPIENT’s obligation to perform all other obligations to be performed by RECIPIENT
hereunder for the term of this Agreement.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
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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.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
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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.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
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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]
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT]
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GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND [RECIPIENT]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 2017 [RECIPIENT]
By: ___________________________
Its: ___________________________
Dated ____________, 2017 CITY OF SAN BERNARDINO
By:___________________________
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________