HomeMy WebLinkAbout15-Mayor's Office
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MAYOR'S OFFICE
Subject:
Resolution approving the application for
grant funds for Arts on 5th Multicultural
Center
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Dept: CULTURAL & INTERNATIONAL
AFFAIRS
Date: Nov. 9, 2001
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MICC Meeting Date: NOV. 19, 2001
Synopsis of Previous Council Action:
None
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Recommended Motion:
Adopt resolution
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Contact person: r.h::lrlp.!'l Rr::lrllp.y
Phone: 5133
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Supporting data attached:Yes
Ward:
FUNDING REQUIREMENTS: Amount:
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Source: (Acct. No.)
(Ar.d np.!'lr.riptinn)
Finance:
Council Notes:
'P-6<C\ .LlZo:::w3 q 'I
Agenda Item No.
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STAFF REPORT
Subiect:
Resolution approving the application for grant funds for the Arts on 5th Multicultural Center
Back2rouod:
In 1999, Senator Nell Soto requested $300,000 from the State of California for the City of San
Bernardino to establish a Multicultural Center in the downtown area. That request was
approved by the Legislature and Governor, and was included in the state's budget.
Since that time, the Mayor's Office has been working to establish this Multicultural Center, with
the goal of fostering the development of community arts groups and celebrating the city's ethnic
and cultural diversity. The Center is envisioned to include meeting, classroom, and exhibit
spaces that will be used by various groups for meetings, childrens' educational programs, and
exhibits.
To further facilitate the development of the Multicultural Center, a consortium of arts groups was
formed that includes the International Council of San Bernardino, the City's Fine Arts
Commission, and CSUSB's Coyote Conservatories, The consortium considered several possible
locations for the facility, and selected 468 West 5th Street as most appropriate because of its
high-visibility location and ease of accessibility by the public, The state funds will be used to
renovate this office building and convert it into the Arts on 5th Multicultural Center.
This resolution authorizes the Director of Cultural and International Affairs to submit the
application required for the release of the funds from the State. There is no local match
requirement.
Fioaocial Impact:
Ongoing leasing costs for the building will be divided among the tenant arts groups based upon
the amount of spaced leased. Leasing costs for common areas will be shared among the
consortium members. As a condition of accepting this funding from the state, the City will be
obligated to operate and maintain the Multicultural Center.
Recom,menl\iAtioo:
Adopt~esolm\on
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE APPLICATION FOR GRANT FUNDS
FOR ARTS ON 5TH MULTICULTURAL CENTER.
WHEREAS, the Legislature and Governor of the State of California have approved a
grant for the project shown above; and
WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the grant project. setting up necessary procedures: and
WHEREAS, said procedures established by the California Department of Parks and
Recreation require the Grantee to certifY by r~solution the approval of application(s) before
submission of said application (s) to the State; and
WHEREAS, the Grantee will enter into a contract with the State of California for
subject project;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
I.
Approves the filing of an application for local assistance for the above project;
and
2.
Certifies that the Grantee understands the assurances and certification in the
application form; and
,
J.
Certifies that sufficient funds will be obtained to operate and maintain the
project; and
4.
Certifies that the Grantee has reviewed and understands the General Provisions
contained in the Project Contract shown in the Procedural Guide; and
5.
Appoints the Director, Cultural and International Affairs as agent to conduct all
negotiations, execute and submit all documents including. but not limited to
applications, agreements, payment requests and so on, which may be necessary
for the completion of the aforementioned project.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE APPLICATION FOR GRANT FUNDS
FOR ARTS ON 5TH MUL TICUL TURAL CENTER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
,2001, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Council Members:
AYES
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney fc;.
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Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "State" and used herein means the Califomia State Department of Par1<.s and Recreation.
2. The term "Act" as used herein means the Appropriation for the Program.
3. The term "Project" as used herein means the project described on page 1 of this Contract.
4. The term "Grantee" as used herein means the p.arty described as the Grantee on page 1 of this Contract.
5.
The term MApplication~ as used herein means the individual Application and its required attachments for grants
pursuant to the enabling legislation and/or program.
B. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Grantee a sum of money (grant
moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be
expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and
conditions set forth in this Contract.
Grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the .Project.
Any modification or atteration in the Project as set forth in the Application on file with the State must be submitted
to the State for approval.
2.
Grantee shall complete the Project in accordance with the time of Project Perfortnance set forth on page 1, and
under the terms and conditions of this Contrad.
3.
Grantee shall comply as lead agency with the California Environmental Quality Act (Public Resources Code.
Section 21000. et. seq.)
4.
If the Projed includes development, the Grantee shall comply with all applicable current laws and regulations
effecting development projects, including, but not limited to, legal requirements for construction contrads. building
codes heatth and safe codes, and disabted access laws.
5.
Grantee shall permit periodic: site visits by the State to determine if development work is in accordance with the
approved Project Scope including a final inspection upon Project completion.
6.
Grantee agrees to subm~ any significant deviation from the original Project Scope to the State for prior approval.
If the Project includes acquis~ion of real property, the Grantee agrees to comply w~h all applicable state and local
laws or ordinances effecting relocation and real property acquisition.
7.
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8.
Grantee shall provide for public access in accordance with the intent and provisions of the enabling legislation
and/or program.
c. Project Costs
The Grant moneys to be provided Grantee under this Contract may be disbursed as follows:
1. If the Project includes acquisition of real property, the State may disburse to Grantee the grant moneys as follows,
but not to exceed in any event the State grant amount set forth on page 1 of this Contract:
a. When acquisition is through negotiated purchase, State may disburse the amount of the State approved
purchase price together with State approved costs of acquisition when an escrow is opened.
b. When acquisition is allowed pursuant to this Ad. through proceedings in eminent domain. State may
disburse the amount of the total award as provided for in the final order of condemnation together with
State approved costs of acquisition.
C. In the event Grantee abandons such eminent domain proceedings, Grantee shall bear all costs in
connection therewith and that no grant moneys shall be disbursed for such costs.
2. If the Project includes development, the State may disburse to Grantee the grant moneys as follows, but not to
exceed in any event the State grant amount set forth of page 1 of this Contrad:
a. Up to ten percent of the total grant for preliminary costs.
b. On proof of award of a construction contract or commencement of construction by force account, up to
ninety percent of the total grant, or the actual cost, whichever is less.
c. Remaining grant funds shall be paid up to the amount of the Grant or the actual Project cost. whichever
is less, on completion of the Project and receipt of a detailed summary of Project costs from the
Grantee.
D.
Project Administration
1. Grantee shall promptly submit such reports as the State may request
In any event Grantee shall provide State a report showing total final Project expenditures.
2. Grantee shall make property and facilities acquired or developed pursuant to this Contract available for inspection
upon request by the State.
3. Grantee shall use any moneys advanced by the State under the terms of this Contract solely for the pro;ect herein
described.
4. If grant moneys are advanced, the Grantee shall place moneys in a separate interest bearing account, setting up
and identifying such account prior to the advance, interest earned on grant moneys shall be used on the Project or
paid to the State. If grant moneys are advanced and not expended, the unused portion of the Grant shall be
returned to the State within SO days of completion of the Project or end of the Project Performance Period,
whichever is earlier.
5. Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, if
approved by the State, for related purposes within the Grantee's jurisdiction.
E. Project Termination
1. Grantee may unilaterally rescind this Contrad at any time prior to the commencement of the Project. After project
commencement this Contract may be rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Grantee to comply with the terms of this Contract or any other Contrad under the Act may be cause
for suspension of all obligations of the State hereunder.
3.
Failure of the Grantee to comply w~h the lenns of this Contrad shall not be cause for the suspension of all
obligations of the State hereunder W in the judgment of the Slate such failure was due to no fault of the Grantee. In
such case, any amount required to setUe at minimum cost any irrevocable obligations property incurred shall be
eligible for reimbursement under this Contract.
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4.
Because the benefilto be derived by the Stale, from the full compliance by the Grantee wtth the tenns of this
Contract, is the preservation, protection and net increase in the quantity and quality of parks, publ~ recreation
facilities and/or historical resources available to the peop~ of the State of California and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of
grant moneys under the provisions of this agreement, the Grantee agrees that payment by the Grantee to the State
of an amount equal to the amount of the grant moneys disbursed under this Contract by the State would be
inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees
therefore. that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific
performance of this Contract, unless otherwise agreed to by the State.
5. Grantee and State agree that ~ the Project includes development. final payment may not be made until the Project
conforms substantially to this Contract.
F. HolcI Harmless
1. Grantee shall waive all daims and recourse against the State including the right to contribution for loss or damage
to persons or property arising from, growing out of or in any way connected with or incident to this Contrad except
daims arising from the concurrent or sole negligence of State. its officers, agents, and employees.
2. Grantee shall indemnify, hold hannless and defend State, its officers, agents and employees against any and all
claims demands, damages, costs, expenses or liability costs arising out of the acquisition, development,
construction, operation or maintenance of the property desaibed as the Project which daims, demands or causes
of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent
or sole negligence of State, its officers, agents, or empkJyees.
3. Grantee agrees that in the event State is named as codefendant under the provisions of Government Code Section
895 et seq., the Grantee shall notify State of such fad and shall represent State in the legal action unless State
undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation
costs, expenses, and attorney's fees.
4.
Grantee and State agree that in the event of judgment entered against the State and Grantee because of the
concurrent negligence of the State and Grantee. their officers, agents, or employees, an apportionment of liability
to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury
apportionment.
5. Grantee shall indemnify, hold harmless and defend the State. its officers, agents and employees against any and
all claims, demands, costs, expenses or liability costs arising out of legal acfjons pursuant to items to which the
Grantee has certified. Grantee acknowledges that 0 is solely responsible for compliance with oems to which 0 has
certified.
G. Financial Records
1. Grantee shall maintain satisfadory financial accounts, documents and records for the Project and to make them
available to the state for auditing at reasonable times. Grantee also agrees to retain such financial accounts,
documents and records for three years following prated termination or completion.
Grantee and State agree that during regular office hours each of the parties hereto and their duly authorized
representatives shall have the right to inspect and make copies of any books, records or reports of the other party
pertaining to this Contract or matters related thereto. Grantee shall maintain and make available for inspection by
the State accurate records of all of its costs, d;sbursements and receipts with resped to its activities under this
Contract.
2. Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. Grantee agrees that the Grantee shall use the property acquired or developed woh grant'moneys uncler this
Contrad only for the purposes for which the State grant moneys were requested and no other use of the area shall
be pennitted except by specific act of the Leg.islature.
2.
The Grantee shall maintain and operate the property acquired or developed for a period commensurate with the
type of Project and the proportion of Stale Grant funds and local funds allocated to the capital costs of the Project.
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I. Nondiscrimination
1. The Grantee shall not discnminate against any person on the basis of sex, race, color, national origin, age, reltgion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that
reasonable tlifferences in admission or other fees may be maintained on the basis of resident and pursuant to law.
3. All facilities shall be open to members of the public generalty, except as noted under the special provisions of this
Project Contract or under provisions of the enabling legislation and/or program.
J. Application Incorporation
The Application and any subsequent change or addition approved by the State is hereby incorporated in this
Contract as though set forth in full in this Contrad.
K. Severability
If any provision of this Contrad or the application thereof is held invalid, that ir:'lvalidity shall not affect other
provisions or applications of the Contrad which can be given effect without the invalid provision or application. and
to this end the provisions of this Contract are severable.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes ..J-S I tj Nays-e
Change to motion to amend original documents:
I.':::, Resolution # 200 I -31'1
Abstain ~ Absent fc
Reso. # On Attachments: ~ Contract tenn: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
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Date Sent to Mayor: ~
Date of Mayor's Signature: ~
Date of Clerk/CDC Signature: \ \ 12 \ I 0>
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
ached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney -/
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
NulllVoid After: -
By: -
Reso. Log Updated: v"
Seal Impressed: V"
Date Returned: -
Yes / No By
Yes No~ By
Yes No ---L- By
Yes NOf By
Yes No_ By
EDA
Finance
Others: m""7~(/. ~,
MIS
OOiCE
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: M-r
Date: \( /7'(, un
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Revised 0 I! 12/0 1