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RESOLUTION (ID # 3751) DOC ID: 3751 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 03/16/2015
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a
Cultural Development Grant in the Amount of $3,664.00 to Thomas McGovern for the
Faces and Stories of Downtown Project and Authorizing the Execution of a Grant
Recipient Agreement. (#3751)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
The completed audit for Fiscal Year 2011/12 showed a balance in Cultural Development
Impact fees fund of $439,384. The Mayor's office budget for FY 2014/15 included
$285,000 from this amount for use during FY 2014/15.
At its December 15, 2014 meeting, the MCC approved the expenditure of$35,000 for
micro-grants dedicated to each ward, and an additional $2,500 to partially fund the
Rosa Parks statue project, leaving a $401,844 balance. The proposal is to allocate the
$3,664 from this fund to support the Faces of Downtown project.
The funds in the cultural Development Impact fund are restricted for use to promote
cultural and art projects within the city. This project meets the Fine Arts Commissions
goals of providing funding for civic arts projects.
Backqround:
"The Faces and Stories of Downtown" is a project that brings murals, photography, and
poetry to the building at 468 West Fifth. In partnership with Gregory Villanueva, San
Bernardino Generation Now and others, Juan Delgado and Thomas McGovern will
create artwork for a privately owned building in San Bernardino's downtown.
The property owner, Gregory Villanueva, is allowing a group of artists who are
Updated: 3/12/2015 by Linda Sutherland B I Packet Pg.48
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3751
committed to their local communities and the city's vitality to create artwork that will
inspire and demonstrate the power of art in renewing a building, a street block, and
neighborhood. The artists hope their art project will remind us that art is everywhere and
stimulate additional conversations about the city and its diverse neighborhoods.
In the process of creating the artwork, the artists will also reach out to the local
residents, interviewing them and inviting them to provide input about their city, positive
and negative. Some of those sidewalk conversations about the city will turn into visual
and literary testaments of the many stories that make up the downtown. Engaging the
residents and creating honest, poignant and beautiful affirmations will be two of the
main goals of "The Faces and Stories of Downtown."
The Co-directors of this project, Juan Delgado (poet) and Thomas McGovern
(Photographer) are the authors of Vital Signs, a book of photography and poetry that
focused on the city of San Bernardino and surrounding areas. The book received the
prestigious American Book Award in 2014 from the Before Columbus Foundation. They
are professors at California State University, San Bernardino and have many years of
experience in working in local communities and are excited about this project. They are
seeking support for the creation of this wonderful art project, which they hope to extend
to other under-utilized and/or abandoned buildings in San Bernardino city.
Gregory Villanueva, owner of the building, is a member of the College of Fellows of the
American Institute of Architects with a broad base of successful projects throughout
Southern California. He originally purchased and completed the building in the early
eighties after completing the Villasenor Library and when he was completing the
Feldheym Library.
FAC recommendation:
Award $3,664 from the Cultural Development Construction Fees to Thomas McGovern
for the creation and installation of the Faces of Downtown Project.
City Attorney Review:
Supporting Documents:
Grant Subrecipient Agreement Reso (DOC)
agrmt 3751 (PDF)
Downtown Faces- Attachment "1"(PDF)
Windows Project—MCC-3-16 (DOCX)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CULTURAL DEVELOPMENT GRANT IN THE
3 AMOUNT OF $3,664.00 TO THOMAS MCGOVERN FOR THE FACES AND STORIES
4 OF DOWNTOWN PROJECT AND AUTHORIZING THE EXECUTION OF A GRANT
RECIPIENT AGREEMENT.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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7 OF SAN BERNARDINO AS FOLLOWS: u
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8 SECTION 1. The Mayor and Common Council hereby award a Cultural Development o
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Grant in the amount of$3,664.00 to Thomas McGovern for the Faces and Stories of Downtown o
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Project. o
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12 SECTION 2. The City Manager is hereby authorized to execute a Grant Recipient W
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13 Agreement between the City of San Bernardino and Thomas McGovern for the Faces and Stories
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14 of Downtown Project, attached hereto as Exhibit "A" and incorporated herein. o
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AWARDING A CULTURAL DEVELOPMENT GRANT IN THE
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AMOUNT OF $3,664.00 TO THOMAS CGOV ERN FOR THE FACES AND STORIES
3 OF DOWNTOWN PROJECT AND AUTHORIZING THE EXECUTION OF A GRANT
RECIPIENT AGREEMENT.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the S
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7 day of , 2015,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ o
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BARRIOS °
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12 VALDIVIA U
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13 SHORETT LO
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NICKEL N
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JOHNSON
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17 MULVIHILL a
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19 Georgeann Hanna, City Clerk c.
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2o The foregoing Resolution is hereby approved this day of , 2015.
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R. Carey Davis, Mayor (,
23 City of San Bernardino E
Approved as to form: C.)
24 Gary D. Saenz, City Attorney Q
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By:
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FPacket Pg. 51'
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GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
THOMAS MCGOVERN FOR THE FACES AND
STORIES OF DOWNTOWN PROJECT
This Grant Recipient Agreement (the "Agreement") is entered into this 16"' day of March, 2015,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
THOMAS MCGOVERN (the "GRANT RECIPIENT") (individually CITY or GRANT
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RECIPIENT may be referred to as a "PARTY" and collectively CITY and GRANT
RECIPIENT may be referred to as the"PARTIES"). o
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WITNESSETH : 3
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WHEREAS, the CITY collects Cultural Development Construction Fees pursuant to San 0
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, o
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WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered
the proposal by the Grant Recipient and recommends the City support the creation and ``
installation of the Faces and Stories of Downtown at 468 W. 51h Street in San Bernardino i
("Project") to promote fine arts and culture; and, M,
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WHEREAS, CITY and GRANT RECIPIENT desire to memorialize the nature of the M
Project and desire to set forth their rights, duties, and liabilities in connection with the City's E
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.
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
1. SCOPE OF SERVICES.
CITY hereby awards to GRANT RECIPIENT, and GRANT RECIPIENT hereby agrees to
accept, a Cultural Development Grant in the amount of$3,664.00, subject to availability of the
funds, for the purpose of the creation and installation of the Faces and Stories of Downtown at
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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468 W. 5th St. The Project shall be budgeted in substantial conformity with the budget attached
as Attachment "1" and incorporated herein by this reference as though set forth fully at length.
2. COMPENSATION AND EXPENSES.
2.1 Compensation. GRANT RECIPIENT shall be aid the rant amount of$3,664.00.
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No other amounts, except those expressly provided for in this Agreement, shall be
paid by CITY.
2.2 Grant Reversion. If GRANT RECIPIENT is unable to secure all funding
necessary to complete the Project, or is unable to complete the Project, then any
unexpended Grant amount paid to Grant Recipient shall be immediately returned
to the CITY.
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3.3 Records and Audits. The Grant 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 Grant 2
Recipient for the Project and the overall progress toward completion of the a`
Project ("Project Books and Records"). The Grant Recipient shall maintain 3
Program Books and Records in accordance with the generally accepted 3
accounting standards. Program Books and Records must be kept in the possession o
of the Grant Recipient for at least three years after the date of last disbursement o
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. L
3.4 Access. The Grant Recipient shall permit, and shall ensure that all third ti
parties permit, authorized representatives of the City, agents of the City, and any M,
other third party authorized by the City, unrestricted access at all times to: (i)
to
Project Books and Records and any other documentation related to the Project M
held by the Grant Recipient; (ii) the premises of the Grant Recipient where E
Project Books and Records are kept or Project activities are or have been carried C
out; (iii) other sites where Project-related documentation is kept or Project
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activities are or have been calried out; and (iv) all personnel of the Grant
Recipient.
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3.5 R, eports. The Grant Recipient shall provide to the City, not later than [DATE], a Q
written report on the progress of the Project. The Grant Recipient shall submit
written reports on the progress of the Project periodically thereafter at least once
every six months, until the Project is completed. Grant Recipient shall include in
any such reports an explanation for any variance between planned and actual
progress of the Project and any variance between planned and actual expenditures.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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3. TERM; TERMINATION.
The term of this Agreement shall be from March 16, 2015 until September 16, 2015, 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.
4. INDEMNITY.
GRANT 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, a
based or asserted upon any actual or alleged act or omission of GRANT 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 o
officials, employees, agents or representatives. As part of the foregoing indemnity, GRANT
RECIPIENT agrees to protect and defend at its own expense, including attorney's fees, the 3
CITY, its elected officials, employees, agents or representatives from any and all legal actions 3
based upon such actual or alleged acts or omissions. GRANT RECIPIENT hereby waives any o
and all rights to any types of express or implied indemnity against the CITY, its elected officials, o
employees, agents or representatives, with respect to third party claims against the GRANT
RECIPIENT relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement. U.
5. INSURANCE. M
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The GRANT RECIPIENT shall maintain, where available at a reasonable cost, all risk property M
insurance on Project assets and comprehensive general liability insurance with financially sound E
and reputable insurance companies. The insurance coverage shall be consistent with that held by 0
similar entities engaged in comparable activities.
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6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees, GRANT Q
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.
GRANT RECIPIENT shall perform work tasks provided by this Agreement, but for all intents
and purposes GRANT RECIPIENT shall be an independent contractor and not an agent or
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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employee of the CITY. GRANT 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 GRANT RECIPIENT and its
officers, agents, and employees, and all business license, if any are required, in connection with
the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
GRANT RECIPIENT warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of GRANT RECIPIENT to practice its business or
profession.
9. NOTICES. _
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Any notices, documents, correspondence, or other communication concerning this Agreement or o
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally a`
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by 3
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. 0
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TO THE CITY: TO THE GRANT RECIPIENT:
Gigi Hanna, City Clerk Thomas McGovern LO
300 N. D Street M
San Bernardino, CA 92418
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Either PARTY may change the address for delivery of notices by sending notice of the change to E
the other PARTY in conformity with this Section.
10. ATTORNEYS' FEES
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In the event that litigation is brought by any PARTY in connection with this Agreement, the Y
prevailing party shall be entitled to recover from the opposing party all costs and expenses, Q
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.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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11. ASSIGNMENT.
shall not voluntarily or operation of law assign, transfer, sublet or
GRANT RECIPIENT y y p g > >
encumber all or any part of the GRANT 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 GRANT
RECIPIENT of GRANT RECIPIENT's obligation to perform all other obligations to be
performed by GRANT RECIPIENT hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated either in the Superior Court of the State of California for the County of
San Bernardino or the United States District Court for the Central District of California,
the parties to be
Riverside Division. The aforementioned choice of venue is intended by p �
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mandatory and not permissive in nature. o
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13. GOVERNING LAW. 3
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This Agreement shall be governed and construed under the laws of the State of California 0
without giving effect to that body of laws pertaining to conflict of laws. o
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14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement ti
and their respective heirs, representatives, successors, and assigns.
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15. HEADINGS. M
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The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its c
provisions. E
16. SEVERABILITY.
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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.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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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.
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18. ENTIRE AGREEMENT. _
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This Agreement constitutes the entire agreement and the understanding between the PARTIES, o
relating to the subject matter of this a.
and supersedes any prior agreements and understandings re g �
Agreement. 3
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19. COUNTERPARTS. 0
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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 ti
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
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20, AMENDMENT. E
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No amendment to this Agreement will be effective unless it is in writing and signed by both
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PARTIES.
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21. CORPORATE AUTHORITY. 14
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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
GRANT RECIPIENT agrees to abide by all federal; state, and local laws, ordinances and
regulations.
GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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23. FORCE MAJEURE.
an failure or delay in the performance of this Agreement for
liable for P
shall not be Y
A PARTY Y
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.
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25. CONSTRUCTION. U-
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the o
event an ambiguity or question of intent or interpretation arises with respect to this Agreement, a`.
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with 3
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any 3
Party by virtue of authorship of any of the provisions of this Agreement. 0
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GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
THOMAS MCGOVERN FOR THE FACES AND
STORIES OF DOWNTOWN PROJECT
IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2015 GRANT RECIPIENT: Thomas McGovern
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Dated 32015 CITY OF SAN BERNARDINO 3
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By: a
Allen Parker, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
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GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THOMAS
MCGOVERN FOR THE FACES AND STORIES OF DOWNTOWN PROJECT
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Since last fall, some members of the Fine Arts Commission have been working with the idea of using the
windows of empty buildings in the downtown area to showcase art and poetry, and a way of bringing
life to this area of the city. About that same time, Professors Tom McGovern and Juan Delgado
contacted us with almost the same idea.
A member of the Commission took photos of buildings along E and D Streets and the side streets
connecting them (2nd 3rd Court,4th and 5th ). We discussed which buildings might be the most
advantageous for the displays, and are currently trying to determine ownership of some of those
buildings. The currently unused building at 468 West 5th Street is the former home of Arts on 5th, a
project of the city,the county and Cal State, San Bernardino during the late 90s and early 2000s. Since
some of the arts organizations in the city had previous contact with the owner of that building, we re-
established communication with Mr. Greg Villanueva, an architect who has in the past been very
involved with buildings in the city. The team,composed of Commissoners Garcia and Segura, Professors m
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Delgado and McGovern have communicated and met with him several times to discuss the details of o-
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using the windows in his building for the first of what we hope will continue with other buildings.
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As a result, we now have a plan to be coordinated by Tom McGovern, who is a professor of art o
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(specifically photography), and Juan Delgado, a poet and professor in the Creative Writing Department o
of the University. This plan with an overall theme of"Renewal and Endurance,"will include photos,
poetry, and stories of the people of San Bernardino. Students from the University will be involved in the
execution of the displays. Mr. Villanueva is very supportive of this, and has signed a form giving r
permission to move ahead with the project. v
We see this as a prototype of what could be done in other unused buildings downtown,thus attracting M
people to see the displays,to be inspired by the art and to embrace the theme of "Renewal and v�
Endurance. v
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