HomeMy WebLinkAbout05.B- Execution of 14 Fine Arts Commission Grant Recipient Agreements DOC ID: 4389 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Grant
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/18/2016
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 Authorizing
the Execution of 14 Fine Arts Commission Grant Recipient Agreements. (#4389)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial Impact to the General Fund. There would be an impact to the
Cultural Development Construction Fee fund, of$ $198,212. $280,000.00 has been
appropriated to fund 247 [Cultural Development Fee Fund].
Motion: Adept the Reselu+;„n. Adopt the resolution and authorize the City Clerk,
with review by the City Attorney, to revise the reporting dates on the agreements.
Background:
The Fine Arts Commission renewed the city's grant program in 2015, in an effort to fund
programs for qualifying non-profit arts organizations, community centers, and classroom
teachers within the City of San Bernardino for the enhancement and support of city-wide
art and cultural programs of benefit and interest to a broad segment of the city's
population.
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. Additional requirements included:
• Applicants were asked to partner with a local business for promotional or
other collaborative purposes
• The program must be within city limits, with a majority of the Board of
Directors either residents or employed in the City of San Bernardino or by
public schools within the City;
• Grant funds could be used for public performances, exhibits, classes and
workshops held in the City of San Bernardino only.
Grant requests had to relate to one of the following categories to be eligible for funding:
• Music
• Dance
• Visual Art
• Theater
• Literary Arts
The deadline for submission for applications was February 11, 2016. Sixteen
organizations submitted applications. The Commission is recommending issuing
Updated: 4/18/2016 by Georgeann "Gigi" Hanna B /J Page 1
KGIUr's��-
4389
$198,212 in Fine Arts grants for 2016-17.
Copies of the applications were sent to members of the Fine Arts Commission for
review prior to its 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 8, 2016.
Funding requests ranged from a low of $3,098 for a visual arts program at Norton
Space and Aeronautics Academy to $46,000 to support programming for the San
Bernardino Symphony Orchestra. The following is the recommendation of the Fine Arts
Commission for 2016:
Requesting Organization FAC-Recommended Funding
I.M. Inc. $7,500
Junior University $11,500
Symphonie Jeunesse $10,000
Norton Science and Aeronautics $3,098
Academy - Visual Arts
Norton Science and Aeronautics $3,737
Academy - Music and Dance
Sinfonia Mexicana Academy $24,000
LJR Arts Academy $10,000
CSUSB Opera Theater $11,132
Kimbark Elementary School $12,000
SB County Arts Connection $8,100
Art Institute, I. E. $6,000
San Bernardino Valley Concert Assn. $23,145
Teen Music Workshop $22,000
San Bernardino Symphony $46,000
TOTAL $198,212
(A brief description of the proposed projects is attached)
Recommendation:
Adopt Resolution.
Supporting Documents:
FAC_Recommendations for Fund ing_Abstracts(DOCX)
FAC Grant Resolution 2016 (DOC)
agrmt 4389A (PDF)
agrmt 4389B (PDF)
agrmt 4389C (PDF)
agrmt 4389D (PDF)
Updated: 4/18/2016 by Georgeann "Gigi" Hanna B Page 2
4389
agrmt 4389E (PDF)
agrmt 4389F (PDF)
agrmt 4389G(PDF)
agrmt 4389H (PDF)
agrmt 43891 (PDF)
agrmt 4389J (PDF)
agrmt 4389K (PDF)
agrmt 4389L (PDF)
agrmt 4389M(PDF)
agrmt 4389N (PDF)
Updated: 4/18/2016 by Georgeann "Gigi" Hanna B Page 3
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Fine Arts Commission Recommendations for Funding
The total amount of the recommended grants is$198,212
I.M. Incorporated $7500
To deliver an introductory music program to children in the city of San Bernardino. Six professional musicians
will provide free instruction in piano,guitar, drums,and electric bass in an after-school program held at Del
Vallejo Middle School.
Jr. University $11,500 _
Will provide the citizens of San Bernardino and the Inland Empire with a William R. Dixon original tO
adaptation of"Sleeping Beauty" during 2 weeks in July and August in the summer of 2016, at Roosevelt Bowl in c°�
Perris Hill Park. Young people will audition in May, and rehearse during June and July. The musical theater work =
will involve over 100 young people in all aspects of production. There will be two free nights for underserved
families of the community. ii
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San Bernardino Symphony $46,000
To pay rent and associated expenses for the California Theatre during the 16-17 concert season. This request �
covers the use of the California Theatre for the theatre's stage crew, 5 concerts, 5 rehearsals, 2 free student Q
concerts, piano rental/tuning, rental of music stand storage. c
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Symphonie Jeunesse $10,000 CD
For two all-day workshops to be held in the 16-17 fiscal year,one each semester for 30 strings students in the
San Bernardino City Unified School District. Members of Symphonie Jeunesse,who are middle and high
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school students,will serve as peer mentors. Professional musicians and educators will facilitate the
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workshop sessions,to be held at CSUSB. w
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Teen Music Workshop $22,000
Will promote and offer the Teen Music Workshop to all interested SBCUSD students. After school performing
arts programs will be offered at Richardson PREP middle school and the Looking Glass Studio of Performing LL
Arts. The funding will help pay for free services and additional instructors.Teen Music Workshop participants o
represent San Bernardino as they perform in venues throughout the Southland and in the Rock Against Drugs N
Program in the SBCUSD. c
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San Bernardino Valley Concert Association $23,145
This will fund arts programs at the San Bernardino Garcia Center for the Arts, a project of the SB Valley Concert E
Association. Included in the programs to be funded are: a folk song group, a poetry organization,a beginning E
community theater group, classes in oil painting, arts classes for children, printmaking which engages the d
neighborhood of the Center, and others to be added during the 16-17 year. Most of these programs are free to vi
participants. Also included are funds for continued renovation of the building to provide additional space for <
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arts programs for the community.
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Art Institute, Inland Empire $6,000
The Art Institute is serving as the fiscal sponsor for the group Untapped Hip-hop. The group of students plans r
to produce a day-long festival in July which will include an art demonstration, a mural competition for students Q
in the community,and performances of music. This will be held at the Art Institute in San Bernardino. Funds
will assist in purchasing materials for the mural painting, and payment of a featred artist for the demonstration.
San Bernardino County Arts Connection $8,100
This funding is for a series of political cartooning classes for teens and up during the summer of 2016. Phil Yeh, a
well-known local cartoonist,will instruct in techniques;there will be discussions of issues around local, regional
and national politics. League of Women Voters will serve as objective experts on issues and will register
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interested participants to vote. At the conclusion of the series, participants will have the opportunity to submit
work for publication to the Inland Empire Community Newspaper and the Arts Connection website.
Kimbark Elementary School $12,000
Kimbark, a long-time STEM school in the SBCUSD, plans to become a STEAM school, incorporating the arts in
their already-exemplary academic program. They propose to develop a musical that will teach and focus on an
environmental science topic. Students will work with subject matter experts in the arts on a weekly basis to
learn the skills they need to produce the musical, such as play writing, music production,set and costume
design.Teachers will also work with the subject matter experts to build their own capacity to teach and inspire
their students; providing teachers with the skills will create the sustainability to be able to continue producing
high quality musicals beyond the grant year. c
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CSUSB Opera Theatre $11,132 =
The funds requested will assist in enabling the Opera Theatre to develop and maintain the current program for a c
full season of opera that will include an opera scene concert in the fall of 2016, a winter 2017 presentation of Ui
short one-act operas, and a spring full main stage production. CSUSB Opera students will offer community =
outreach concerts within the San Bernardino City Unified School District to several middle and high schools. c�
Grant funding will pay for guest choreographers, musicians, supplies and royalties.
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Norton Space and Aeronautics Academy$3,098 =
Visual Arts---Funds will be used to purchase art materials and equipment to be used by all students in the L`
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school. An art show, in which all students participate,will be held in the spring and funds will be used to set up 00
the exhibit in the cafetorium,for certificates and incentive awards, as well as provide honorariums for guest art S
show judges.
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oOw Norton Space and Aeronautics Academy$3,737
Now Dance—Funds will be used to purchase a dragon costume and accessories for the dragon dance which is part of Qi
the curriculum for the study of Mandarin at the school. The costume is a one-time purchase, enabling the
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school to use it annually. The teacher of Mandarin will also teach students the Dragon Dance which they will
perform in the annual dance/musical program in the spring at Sturges Theatre. The funds will also help cover
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costs associated with the venue and production costs of the annual talent show. `o
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Sinfonia Mexicana Mariachi Academy $24,000 0
Funding will be used to provide a comprehensive mariachi music education through weekly classes. These
classes include small class and individual instruction by skill level---beginner, intermediate, advanced and
advanced performimg. Students, currently 88 of them, choose their own instrument and are provided with an E
instrument if needed. Those who perform are provided with a uniform at no cost to them. The group performs 0
at many local and regional functions.The instructors are highly qualified and experienced musicians and
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mariachi performers. Most of the funding is used to pay instructors, plus rental of the performance venue.
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UR Arts Academy $10,000
Grant funds will be used to provide dance,theatre,film production and creative writing classes at three
different San Bernardino sites for all ages. The funds will pay for the needed insurance, permits,staffing, C
supplies and promotional material. Instructors are CSUSB alumni and students. UR is partnering with San ;a
Bernardino Parks and Recreation Dept., IEMG TV,the PAL Center,St.John's Episcopal Church,San Q
Bernardino Housing Authority and CSUSB.The Academy also organizes regular productions and showcases
throughout the year.
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5.B.b
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF 14 FINE ARTS COMMISSION
3 GRANT RECIPIENT AGREEMENTS
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized
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to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Inter-
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9 Prevention Meaningfully Intercepting the Negatives Towards Children attached hereto as Exhibit
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lo "A" and incorporated by reference herein as if fully set forth. R
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SECTION 2. That the City Manager of the City of San Bernardino is hereby authorized
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to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Junior =
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University attached hereto as Exhibit "B" and incorporated by reference herein as if fully set
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15 forth. V-
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16 SECTION 3. That the City Manager of the City of San Bernardino is hereby authorized `o_
17 to execute an Arts Grant Recipient Agreement between the City of San Bernardino and San 0)
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Bernardino Symphony attached hereto as Exhibit "C" and incorporated by reference herein as if o
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20 fully set forth.
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21 SECTION 4. That the City Manager of the City of San Bernardino is hereby authorized E
22 to execute an Arts Grant Recipient Agreement between the City of San Bernardino and
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Symphonie Jeunesse Orchestra attached hereto as Exhibit "D" and incorporated by reference
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25 herein as if fully set forth.
26 SECTION 5. That the City Manager of the City of San Bernardino is hereby authorized
27 to execute an Arts Grant Recipient Agreement between the City of San Bernardino and
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1 Richardson Prep Hi - San Bernardino Teen Music Workshop attached hereto as Exhibit "E" and
2 incorporated by reference herein as if fully set forth.
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SECTION 6. That the City Manager of the City of San Bernardino is hereby authorized
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5 to execute an Arts Grant Recipient Agreement between the City of San Bernardino and San
6 Bernardino Valley Concert Association attached hereto as Exhibit "F" and incorporated by
7 reference herein as if fully set forth.
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8 SECTION 7. That the City Manager of the City of San Bernardino is hereby authorized c
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to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Art
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11 Institute of California - Inland Empire attached hereto as Exhibit "G" and incorporated by c�
12 reference herein as if fully set forth.
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13 SECTION 8. That the City Manager of the City of San Bernardino is hereby authorized
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to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Arts
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Connection Network attached hereto as Exhibit "H" and incorporated by reference herein as if
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18 SECTION 9. That the City Manager of the City of San Bernardino is hereby authorized
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19 to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Kimbark v
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Elementary School attached hereto as Exhibit "I" and incorporated by reference herein as if fully =
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22 set forth.
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23 SECTION 10. That the City Manager of the City of San Bernardino is hereby a
24 authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino
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and CSUSB Opera Theater attached hereto as Exhibit"J" and incorporated by reference herein as
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27 if fully set forth.
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1 SECTION 11. That the City Manager of the City of San Bernardino is hereby
2 authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino
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and Norton Academy attached hereto as Exhibit "K" and incorporated by reference herein as if
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5 fully set forth.
6 SECTION 12. That the City Manager of the City of San Bernardino is hereby
7 authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino
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and Norton Academy attached hereto as Exhibit "L" and incorporated by reference herein as if c
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fully set forth. U-
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11 SECTION 13. That the City Manager of the City of San Bernardino is hereby t�
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12 authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino
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13 and Sinfonia Mexicana Mariachi Youth Academy attached hereto as Exhibit "M" and
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incorporated by reference herein as if fully set forth.
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16 SECTION 14. That the City Manager of the City of San Bernardino is hereby
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17 authorized to execute an Arts Grant Recipient Agreement between the City of San Bernardino 0
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18 and LJR Intellect Academy of the Arts attached hereto as Exhibit "N" and incorporated by
19 reference herein as if fully set forth. v
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SECTION 15. That the above authorizations are rescinded and be deemed void
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22 and of no further effect if the agreement is not returned fully executed by both parties to the
23 Office of the City Clerk within sixty(60) days from the passage of this resolution. a
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF 14 FINE ARTS COMMISSION
2 GRANT RECIPIENT AGREEMENTS
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
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day of , 2016, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT N
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9 MARQUEZ c
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VALDIVIA
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14 NICKEL M
15 RICHARD o
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of 92016. v
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22 R. Carey Davis, Mayor
City of San Bernardino r
23 Approved as to form: a
Gary D. Saenz, City Attorney
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25 By.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES
TOWARDS CHILDREN FOR MUSIC PROGRAMMING
This Recipient Agreement (the "Agreement") is entered into this u day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the"City");
AND,
Inter-Prevention Meaningfully Intercepting the Negatives Towards Children o
(the "Recipient") (individually CITY or RECIPIENT may be referred to as a "PARTY" a�
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and collectively CITY and RECIPIENT may be referred to as the "PARTIES").
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, a
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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, co
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WHEREAS, City and Recipient desire to memorialize the nature of the Project and desire to set
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forth their rights, duties, and liabilities in connection with the City's support of the Project; and, v
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions E
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 E
contained herein,the PARTIES hereby agree as follows:
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1. SCOPE OF SERVICES. a
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 INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
Page 1 of 8
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2. COMPENSATION AND EXPENSES.
2.1 Compensation. RECIPIENT shall be paid the grant amount of$7500, 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 N
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 U_
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 c�
period, if any, required to resolve any claims or audits, or if required to do so by
the City. a
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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 co
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 v
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 a,
out; and (iv) all personnel of the Recipient. 1°
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2.5 RRgports. 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 a
reports on the progress of the Project periodically thereafter at least once every a
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 INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
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4. INDEMNITY.
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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
4 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 c
indemnity against the CITY, its elected officials, employees, agents or representatives, with 0
respect to third party claims against the RECIPIENT relating to or in any way connected with the S
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
on Project assets and comprehensive general liability insurance with financially sound and d
reputable insurance companies. The insurance coverage shall be consistent with that held by U.
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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, 0
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law. d
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7. INDEPENDENT CONTRACTOR. c
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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 INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
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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.
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TO THE CITY: TO THE RECIPIENT: 5
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Office of the City Manager Inter-Prevention Meaningfully w
Intercepting the Negatives Towards v
Children
300 N"D" Street, 6"Floor P.O. Box 7088 a
San Bernardino, CA 92418 San Bernardino, CA 92411 d
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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. °M°
10. ATTORNEYS' FEES oa,
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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, rn
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 w
purposes of this paragraph. Q
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 INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
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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 Count of San
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Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
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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.
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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.
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of Q
convenience only and shall not affect the construction or the interpretation of any of its
provisions. _
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16. SEVERABILITY. 00
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If any provision of this Agreement is determined by a court of competent jurisdiction to be a)
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 E
other circumstance, and the remaining provisions of this Agreement shall remain in full force `a>
and effect. f6
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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 INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
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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.
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19. COUNTERPARTS.
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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
I 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 c
such facsimile or".pdf' signature page were an original thereof. 1
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20. AMENDMENT. c
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No amendment to this Agreement will be effective unless it is in writing and signed by both R
PARTIES.
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are rn
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. a
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state, and local laws,ordinances and regulations.
23. FORCE MAJEURE. a
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for r
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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 INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
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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,
g 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
g 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
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The Recipient agrees that it will not perform or permit any religious proselytizing or political E
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 r
funds shall be used to promote any religious or political activities. The Recipient will not L
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 Q
Recipient will not discriminate against any person applying for the Project on the basis of 4)
religion and will not limit such services or give preference to persons on the basis of religion. U-
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 co
provision the Project. --
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
Page 7 of 8
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® ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
INTER-PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES
TOWARDS CHILDREN FOR MUSIC PROGRAMMING
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 RECIPIENT: Inter-Prevention Meaningfully
Intercepting the Negatives Towards
Children
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Dated , 2016 CITY OF SAN BERNARDINO a
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By:
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Mark Scott, City Manager
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APPROVED AS TO FORM: v
Gary D. Saenz, City Attorney £
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER-
PREVENTION MEANINGFULLY INTERCEPTING THE NEGATIVES TOWARDS CHILDREN
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VISUAL AND PERFORMING ARTS---GRANT APPLICATION FORM
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City of San Bernardino-Fine Arts Commission
1. ADplicant/Organization
Name of Organization In Meaningfully Intercepting The Negatives T,
Physical Address 6107 Norma bane San Bernardino,
Mailing Address P. 0. Box-708-89 -San Bernardino CA 92411
Telephone No.( 90� 887-5229 Cell Phone 001 496-5112
Non-Profit I.D.No. 68-0544585
Website Address(if available)
ter•revdennismbrown-iminc.com
Number of Years in Existence or in Teaching Twelve (12) Years, since 2003.
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{{, Contact Person Reverend Dennis Morgan Brown c
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Title President/CEO, Program Administrator.
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Telephone No:(909 ) 8g7-5279 Cell No:(909 }_ 4q6-5t i 2 e-
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E-mail address: dmorganbrown@gmail.com
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Ill. Program Category ry Under which Support is Requested: LL
Music
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!V. Period of Support Requested: a
From March 9, 2018 Through June 2� 2016 00
Starting Ending
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Amount of Grant Requested—7,Soft
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Total Organizational Budget for current fiscal year 18
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(Not applicable to schools)
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Percent of total Organization Budget Requested.
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V. Proiect DescriptionLNeed Statement
,. The intent of, IM INC, is to deliver an introductory music program to
children in the City of San Bernardino within a three month period.
Starting the program in March and going through the end of June. Our
goal is to ensure that the music students will access the cognitive benefits
of learning music-Music instructions, participatiori and indulgence has been
shown to increase cognitive development, memorizatton and math capacity, rea(
comprehension, attention, focus and academic achievement. The distinguished
Washington Post, March 2015, shared a study that clearly demonstrated that
music lessons spur, "emotional and behavioral growth% in children. The study
conducted by the University of Vermont, and the Vermont Center for Children,
youth and families found that music instructions, "accelerated cortical
organization in attention skill, axiety management and emotional control','.
It has been our organizations experience in over twelve years, (12), of
delivering these services, that the community will greatly benefit from the
opportunity to learn to read and play music. We are preparing to continue our c
lessons all the way through the year of, 2016, as we continue to get support N
from the City of San Bernardino, Fine Arts Commission. 0
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The mission of our program is to energize children to participate and appreci Ui
learning music while simultaneously increasing their academic and lif's succe c
Our plan is to intergrate fundamental basic education while teaching music. L
We recoginize fundamental problems associated with our young people are not
totally attributed to poverty and crime. Often times children are not provide to:
with an avenue to communicate their thoughts, poetry, music or language art s m 1
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IM INC, curriculum teaches basic core values. Students are instructed to reSpL ".
themselves and others while learning, even the precepts and teachings of love
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and anti-violence of Dr. Martin Luther King, Jr. While developing an apprecia n
for a different music experience students will learn teamwork, critical think: Q
and the right of passage to their own individual self-worth and voice. a)
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Six, (6) accomplished professional musicians from the San Bernardino area
will provide the instructions. Students will gain positive learning skill
in a safe and secure environment. At the end of this project the community E
will have a benefit concert to showcase student talent of what they have
been taught. We intend to establish a platform of sincere reform as we ;a
change our community through the art of music at the grassroots level as Q
talent is developed.
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Key Personnel Include:
1. Reverend Dennis Morgan Brown, Program Administrator, Instructor, (Guitar, Bass
y and Piano.)
2. Reverend Floyd Martin, Instructor, (Piano)
3. Ronnie B. Goude, Instructor, (Guitar, Bass, Piano) .
4. Anthony Garcia, Instructor, (Bass)
5. Ron Hamilton, Instructor, (Drums)
6. Curtis Hawkins, Utility, Instructor, (Drums)
Vl. Estimated Number of Persons Expected to Benefit From This Program. This Program
will serve 100, students in the City of san Bernardino, with highly qualified
musicians ans music instructions. We will offer 12 weeks of free music classes c
to students. There will be four hours of instructions, Wednesdays and Thursdays
at two hours each day and the students will have theopportunity to be taught
whatever instrument they want to learn if they choose. Which consists of guitar, c
electric bass, piano or drums.
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The exact dates of service will be:
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March; 9,10, 16,17,23,24,30,31
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April; 5,7,13,14,20,21,27,28 0
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May; 4,5,11,12,18, 19,25,26 a
More of Less, according to School Schedule. 00
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To Be Held At A San Bernardino City Unified School district, School.
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VI. Realistic number of persons expected to benefit from this program.
100
a) Number of persons paid by attendance -0-
b) Number of persons admitted by no fee 250
c) Number of classes and/or performances scheduled/length of display 24
t classes scheduled with three concerts within the time period.
d) Total attending classes/performances/displays/exhibits 350
VII. Intended Results:
Target Groups) _
Time Frame
3L9/16
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Number of 24 classes One Final Conce t
performances/classes, Sign-in sheets will be mandated to ascertain
exhibits attendance.
Anticipated maximum
audience, 250
participants, etc. 100 C
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Vill. Proiect Bud>wet
What are the project expenses,and how much is requested from the Fine Arts Commission(FAC)?
Line Item Expenses EBrlef Descri tion f P o each Total Budget per line-item Tatai amount requested
em far this project from FAC
Materials, Supplies s needed to uately meet goa of project. 3,742 _0_
Staff, Wages Staff workers work' g on project 4,300
Printing Copies Items needed to meet goal. 619.00 _0_
Travel For project leader
who travel from sit to site. 1,886, _0_
Consultants Consultants workin on project. 7,500 7,500
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TOTAL EXPENSES AND 18,047 7,500 0 AMOUNT REQUESTED 0
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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
San Manuel Indian Mission 5,000 Q
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TOTAL AMOUNT 10,750 f°
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X. Provide a brief history/background of your organization/school project(s). (What you have
done before in this category of the arts.
IM INC, previously concluded a music project at Del Vallejo Middle
School in San Bernardino. This program was financed by the City of
San Bernardino, Fine Arts Commission. IM INC, Free Music Lessons
has helped students in the City of Rialto with the Rialto Unified
School District for nearly three years, 2010 throgh 2012, with quality
music instructions. Our program has helped at risk students with
negative backgrounds and family situations to find peace and cmfort
in the gift of learning and making music. Students with behavbral
problems and families with few resources have shown a genuine Tpre-
ciation for the opportunity that our program offers.
Our Corporate Partner For This Grant Is:
McMcDonald's at, 1575 East Highland Avenue, San Bernardino, CA 92404. c
The resturant will sponsor two, (2) concerts with free lunches for N
our students. They have been asked to give Certificates, to Exceptional E
Students that achieve the IM INC, Exceptional Student Award. Their 'a
business will be advertised in our program materials as a corporate
of our event. U-
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XI. Attach a copy of your last fiscal year financial report,audited or unaudited. This does not
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apply to schools or parks. Failure to submit this will result in rejection of your application.
"See the following attached California State 199 and our 990 Filings E
for year 2014. 1b audit was made by IRS.
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CERTIFICATION:
Project Officer: Title President/CEO, Program Ad*dstrator
Telephone No: 0909) 496-51 ,2
Date
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5.B.d
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 day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the"City");
AND,
Junior University (the "Recipient") (individually CITY or RECIPIENT may be
referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as N
the "PARTIES").
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WITNESSETH :
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, N
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WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the c
proposal by the Recipient and recommends the City support the art related program proposed by ii
Recipient("Project")to promote fine arts and culture; and, a;
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WHEREAS, City and Recipient desire to memorialize the nature of the Project and desire to set 7T-
forth their rights, duties, and liabilities in connection with the City's support of the Project; and,
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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. rn
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows: E
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1. SCOPE OF SERVICES. a
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
JUNIOR UNIVERSITY
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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, N
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 R
years after the date of last disbursement under this Agreement, or for such longer N
period, if any, required to resolve any claims or audits, or if required to do so by a
the City. _
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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 v
third party authorized by the City, unrestricted access at all times to: (1) Project m
Books and Records and any other documentation related to the Project held by the
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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 E
Project-related documentation is kept or Project activities are or have been carried
out; and (iv) all personnel of the Recipient.
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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 .2
reports on the progress of the Project periodically thereafter at least once every Q
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.
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The duration of this Agreement may be extended with the written consent of both parties.
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t ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
j. JUNIOR UNIVERSITY
Page 2 of 8
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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 c
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.
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5. INSURANCE.
The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance
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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 U_
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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, 0
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. =°
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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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
JUNIOR UNIVERSITY
Page 3 of 8
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5.B.d
g. 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.
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TO THE CITY: TO THE RECIPIENT: E
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Office of the City Manager Junior University r
300 N"D" Street, 6`h Floor P.O. Box 2356
San Bernardino, CA 92418 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. 'u.
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10. ATTORNEYS' FEES
In the event that litigation is brought by any PARTY in connection with this Agreement, the
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prevailing party shall be entitled to recover from the opposing party all costs and expenses, v
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its E
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.
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ii. ASSIGNMENT. a
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
f 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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
JUNIOR UNIVERSITY
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5.B.d
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. N
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.
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of a
convenience only and shall not affect the construction or the interpretation of any of its =
provisions. "-
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16. SEVERABILITY. nt
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 E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. c
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17. REMEDIES;WAIVER.
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� All remedies available to either PARTY for one or more breaches by the other PARTY are and
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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
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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 c
such facsimile or".pdf' signature page were an original thereof.
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20. AMENDMENT. LL
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY.
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are M
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. m
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MAJEURE. E
A PARTY shall not be liable for any failure or delay in the performance of this Agreement for w
the period that such failure or delay is due to causes beyond its reasonable control, including but Q
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
t JUNIOR UNIVERSITY
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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 N
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 Q
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. U.
The Recipient will provide no religious instruction or counseling, conduct no religious worship
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or services, engage in no religious proselytizing, and exert no other religious influence in the Cn
provision the Project. m
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
JUNIOR UNIVERSITY
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5.B.d
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
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Dated , 2016 CITY OF SAN BERNARDINO
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Mark Scott, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney m
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
JUNIOR UNIVERSITY
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5.B.d
ATTACHMENT 1
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VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
I.Annlicant/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.ore
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Number of Years in Existence or in Teaching 54
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11. Contact Person Robert Kintner
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Title Treasurer
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Ill. Program Category Under which Support is Requested: v
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Theater
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IV. Period of Support Requested: _
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From 07/22/2016 Through 08/06/2016 a
Starting
Ending a
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Amount of Grant Requested $11,500
$ Total Organizational Budget for current fiscal year $131,410
(Not applicable to schools)
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Percent of total Organization Budget Requested. 8.8%
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Noe V. Project 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 o
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
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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 LL
family entertainment.
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Junior University would not exist without the strong ongoing support of many businesses in San
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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. E
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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:
Tyr t GriiU (sy Ages 9 to 29 The Whole Family
Time Frame 6/15-8/8 7/22-8/6
Number:of °
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perfot`t15anCes/classes, 35 classes(rehearsals) 14 performances
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Participants: 80 Participants: 100 C
participants, eta.
udience: 8,850 `
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Vill. 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
line item for this project from FAC
Sala Stipends for production
Salary&Wages g staff and orchestra $41,650.00 $11,500.00
Supplies Show,Concessions and
pp & Material bowl $26,000.00 0.00
Equipment Equipment rental, repair
$5,750.00 4.00
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 N
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Maintenance,insurance
Fees&Other and telephone $18,800.00 0.00
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TOTAL EXPENSES AND
AMOUNT REQUESTED $131,010.00 $11,500.00
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*Junior University' purpose is to produce a single summer show. Therefore we have provided our
annual budget, including storage rent, as our'project budget'. Q
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What are other sources of funding for this project?Grants,Contributions, Revenue(such as ticket sales, 00
etc.)
Name of funding source Amount committed to this project m
2016 Commitments from: co
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Primeline $3,000.00 �*
Immanuel Baptist Church $3,000.00 E
Inland Empire Health Plan $3,000.00
Fire Fighters Local 891 $2,930.00 r
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2016 Anticipated Corporate Sponsors $23,070.00
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2016 Anticipated Individual Donations $20,300.00
2016 Anticipated Ticket Sales $34,700.00 t°
2016 Anticipated Program Advertisements $12,000.00 a
2016 Anticipated Concession Sales $17,510.00
TOTAL AMOUNT $119,510.00
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5,B.d
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 o
family entertainment while offering an exciting and educational experience for young people. Cast 14
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. L
In 2005 we extended our commitment to the area youth by starting a scholarship program.
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Our goal is to keep ticket prices from increasing beyond the reach of the underserved families in a
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 1. Long Foundation, Century 21 Lois Lauer Realty,The o
Kenneth T. & Eileen L. Norris Foundation, Primetine Products Co., Wells Fargo Foundation,The
Press-Enterprise,Arrowhead Credit Union, Immanuel Baptist Church, San Manuel Band of Mission m
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Indians, Gresham Savage, Inland Empire Health Plan and the James Irvine foundation. We continue
to add to the list. �.
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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.
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CERTIFICATION:
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Project Officer: Title General Manager
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Telephone No: 909-435-1616 Date 02/02/2016
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5.B.e
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 day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California (the"City");
AND,
San Bernardino Symphony (the "Recipient') (individually CITY or RECIPIENT cc
may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be N
referred to as the"PARTIES").
WITNESSETH :
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San L
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and,
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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, a;
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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,
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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: E
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1. SCOPE OF SERVICES. a
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 SAN
BERNARDINO SYMPHONY
Page 1 of 8
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® 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, c
without limitation, all costs incurred and revenues received by the Recipient for N
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 r
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 0
period, if any, required to resolve any claims or audits, or if required to do so by Q
the City.
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties
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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
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Recipient; (ii) the premises of the Recipient where Project Books and Records are v
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.
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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 M
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
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. 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 o
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 S
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
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 U_
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,
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.
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7. INDEPENDENT CONTRACTOR.
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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
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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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager San Bernardino Symphony U_
u' Floor 198 N. Arrowhead Ave.
300 N"D" Street, bt o
San Bernardino, CA 92418 San Bernardino, CA 92408
Either PARTY may change the address for delivery of notices by sending notice of the change to d
the other PARTY in conformity with this Section. ;S
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10. ATTORNEYS' FEES M
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, v
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 w
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph. s
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11. ASSIGNMENT. a
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 BERNAR.DINO AND SAN
BERNARDINO SYMPHONY
Page 4 of 8
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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.
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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.
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The subject headings of the sections of this Agreement are included for the purposes of a
convenience only and shall not affect the construction or the interpretation of any of its
provisions. U.
16, SEVERABILITY. M
If any provision of this Agreement is determined by a court of competent jurisdiction to be
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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.
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and Q
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
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5.B.e
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 o
such facsimile or".pdf'signature page were an original thereof. N
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20. AMENDMENT.
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No amendment to this Agreement will be effective unless it is in writing and signed by both L
PARTIES.
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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 co
PARTIES hereto are formally bound to the provisions of this Agreement.
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RECIPIENT agrees to abide by all federal, state, and local laws,ordinances and regulations. R
23. FORCE MAJEURE. a
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for w
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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
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5.B.e
3 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 o
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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 Y
funds shall be used to promote any religious or political activities. The Recipient will not a
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 Q
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, U-
The Recipient will provide no religious instruction or counseling, conduct no religious worship
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or services, engage in no religious proselytizing, and exert no other religious influence in the
provision the Project.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO SYMPHONY
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® 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
By:
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Dated 32016 CITY OF SAN BERNARDINO r
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Mark Scott, City Manager d
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Gary D. Saenz, City Attorney v
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO SYMPHONY
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ATTACHMENT 1
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VISUAL AND PERFORMING ARTS—GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
1. 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
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Website Address: www.sanbernardinosymphony.org N
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No. of Years in Existence: 87 c
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li. Contact Person: Dr. Anne L.Viricel
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Title: Executive Director a
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Telephone No.: (909) 381-5388 Cell No.: X951) 285-6015
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E-Mail Address: alviricel@sanbernardinosymPhony.org
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Ill. Program Category Under which Support if Requested: 1°
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Category 1, Music, as defined by"Established producing organizations offering training, exposure,
onoortunities andlor creative resources for vocal and instrumental experiences." r
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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%
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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 0
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 3
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.
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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 M
strives to ensure efficient and effective provision of the arts so that every public dollar granted is well
spent. o
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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. E
• Economic benefits from increased tax revenue from audience members who dine, shop, and staff s m
in our city. Over the past three years, our concerts have brought audiences from 47 discrete zip Q
codes to downtown San Bernardino.
• Our five-concert seasonal series contributes toward a more vibrant arts environment, providing
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 51-creating greater pride of place
® and cultural literacy for the young people who represent our future.
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o Our annual Symphony Strings for Secondary Students workshops have provided AM
€ 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 audienc
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 exhibit
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 th
arts. Over the past two seasons,our concert events have included artists, speakers, and/or
performers from:
o Sinfonia Mexicana N
o Symphonie Jeunesse
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o lack and Jill of America
• The Latino Art Association u
• San Bernardino High School Baking Careers Students
• Arroyo Valley High School
• Indian Springs High School a
• Sierra High School
• 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). v
o We actively promote other local arts organizations through our own robust social media U
activities and in our concert program books. o
o We have recently entered into a partnership with the County's own arts hub,The Arts Y
Connection,to utilize their artists in up-coming performances. E
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o At our free Mosaico Arts and Music Festival at Perris Hill Park last Spring, we partnered ca
with a number of non-profits providing free space for them to share information with the
public. E
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 Q
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.
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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 Latina Art Association at our i
October 3, 2015 "Mosaico Latino" concert and by San Bernardino Valley College students N
at our February 6, 2016 "Echoes of America" concert.
• Audience members receive concert program books at each subscription concert which c
include complete notes on the composers and selected music, as well as information U_
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. a
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• 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 v
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 7 w
participating schools to provide a pre-season workshop. E
• We also meet with other groups who have booked blocks of tickets as we recognize that R
people who have not attended the Symphony may have questions about the experience d
and wish to arrive prepared; we also realize that those who are prepared have a more E
enriching overall concert experience.
Business Partnerships. Last year,the San Bernardino Fine Arts Commission made it clear a 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 Chapte
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
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a number of others. Each business donor receives recognition and visibility in our concer
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 supplie
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, Lome
Linda University Medical Center, Alta Vista Credit Union, Redland Community Hospital, Cothran o
Insurance Agency, BCM Group, and others.
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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 par a
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.
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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 U_
tickets have an average annual sales value exceeding$7,000;but we recognize the benefit to the
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community these donations represent and budget accordingly.
Finally, we have made a concerted effort to recruit Symphony Board of Directors members from 0)
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 E
establishing a Local Business Board to ensure we are informed and receptive to all new
possibilities to benefit the business community. r
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In order to meet the objectives of our expanding community-centric mission,the Symphony requires
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significant financial support. Less than 18%of our operating budget comes through ticket sales and a
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 tc
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.
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The California Theatre is a jewel in our community. As a National Registry of Historic Places site,
` 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 N
$45,000. Many other venues are less expensive, but are not in the City of San Bernardino where our c
performances would most benefit the City. c
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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 Q
an extremely positive message to the public as to the commitment of the City to maintaining a c
significant arts presence. `''
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Continued sponsorship of the venue and related venue costs,therefore, would help ensure future M
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,childrer
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and their parents—as well as many others from the region-to continue to enjoy the arts in a venue the 4
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can be proud of close to home. E
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VI. Realistic number of persons expected to benefit from this program 1°
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(a) Number of persons paid by attendance: 1,400 x 5 concerts =7,000 Dersons E
(b) Number of persons admitted by no fee: 325 x 5 concerts+ 3,450 at student concerts=5.075 person' 5
(c) Number of classes and/or performances scheduled/length of display: 7 concerts at the Theatre a
(d) Total attending cl asses/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 performance!
exhibits
Anticipated maximum 1,725 1,725 3,500 2,325 2,800
audience, participants,etc.
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V111. 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 N
required benefits) a'
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Maestro Contracted wages only 35,000 0 c
Special Performers Contracted wages only 12,500 0 u_
Stage Crew Mandated use of California Theatre's crew.Amount shown 17,890 17,500 'r-
includes wages,taxes,and required benefits
Stage Manager Contracted wages only 3,000 0
Graphic Designer Contracted wages only 10,200 0 Q
Web Master Contracted wages only 2,400 0 c
Supplies& Materials Rental of music not available in Guthrie Library 1,000 0 u_
Travel Mileage for Maestro 330 0 M
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 M
Rental of California Theatre (2 student concerts at$500 each) 1,000 11000
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 E
Season/concert posters/postcards/flyers 1,250 0 V
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General Audience Program Books 8,000 0 Q
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
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What are other sources of funding for this project? (Grants, Contributions, Revenue (such as tickets ,
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—fo
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 annuz
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 a
National Endowment for the Arts 10,000 N
David B. Gold Foundation 7,500 c
Bank of America 4,000 c
Getty Foundation 4.000 ti
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BNSF 2,500
Children's Fund 2,000
Edison International 1,500 Q
Wells Fargo 1,500
Business and Individual Donations** $ 155,000
Ticket Sales(season tickets and individual concert tickets)*** $ 94,000
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SB Symphony Guild Donation (fundraisin.g events)**** $ 45,000
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TOTAL AMOUNT: $ 397,000 rn
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*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. E
***Ticket Sales as shown are average ticket sales. R
****SB Symphony Guild Donation is based on anticipated budgeted amount from this arm of the Symphony.
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X. Future Objectives L)
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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 continue(
success. We know our work with the schools is resulting in young people who are more culturally Iiterat(
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 sustainthe 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
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goal—at the breakeven rate of$15/ticket, is>300 seats per concert or approximately$2 ,
' annual sponsored tickets.
• Funded Chair Initiative—This is a new initiative established to commemorate the contributions c
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 c°•,
options including $500 for the preparation of concert notes,$1,000 for the stage manager, c
$2,500 for a featured performer, $5,000 for the Maestro, $7,500 for the strings section, >$10,OO1 c
to be a major sponsor, etc. LL
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• Endowment Interest—the Symphony maintains several investments and endowments(both v
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 Continua Society donations are placed 0)
there to increase the value of overall earnings.
• Grant Funding—The Symphony prepares grant applications year round. While arts funding is U
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limited in our region, consistent efforts have yielded positive results. Grants are written to 00
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sponsor performers, student concerts,full concerts, student workforce development
opportunities, and various special needs. Currently,there are$79,000 in outstanding application:
and four major grant applications (including this one) are currently in process. Our average 1°
annual "win" rate is 63%.
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• 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 w
Boots," a western-themed dinner gala held at the Burlingame Ranch in Lytle Creek (use of the a
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 lames 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
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relevant and affordable five-concert subscription season inclusive of a variety of music designed
W 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 N
at the Sturges Center for the Performing Arts,Symphony Strings for Secondary Students,wherein local c
students work directly with professional Symphony musicians in a day-long master class setting. And, 5
our certificated Symphony Debs and Red Tie Associates program for local teens teaches job skills and U_
teamwork through volunteerism. c
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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 a
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. CD
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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 an( v
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. R
In addition,for many years,the City provided $70,000 annually to the Symphony leading to an official 15
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 a
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
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over$55,000 and single tickets for the December 2015 "Home for the Holidays" concert exceed "
$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
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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
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CERTIFICATION
Project Officer: Dr. Anne L.Viricel Title Executive Director
Telephone No.: (909) 381-5388 Date January 13, 2016
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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_ day of , 2016,
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,
Symphonie Jeunesse Orchestra (the "Recipient") (individually CITY or is
RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT N
may be referred to as the"PARTIES").
WITNESSETH :
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San P
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and,
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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 LL
Recipient("Project")to promote fine arts and culture; and,
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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,
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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. `CD
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows: E
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1. SCOPE OF SERVICES. B
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
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2. COMPENSATION AND EXPENSES.
2.1 ComRensation. 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, c
without limitation, all costs incurred and revenues received by the Recipient for N
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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 "-
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and Records must be kept in the possession of the Recipient for at least three L
years after the date of last disbursement under this Agreement, or for such longer 0
period, if any, required to resolve any claims or audits, or if required to do so by a
the City. d
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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 co
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 a)
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.
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2.5 Reports. The Recipient shall provide to the City, not later than February 1, 2016, a s
written report on the progress of the Project. The Recipient shall submit written ;a
reports on the progress of the Project periodically thereafter at least once every a
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 tenri 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
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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 c
indemnity against the CITY, its elected officials, employees, agents or representatives, with a,
respect to third party claims against the RECIPIENT relating to or in any way connected with the E
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE. v
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
on Project assets and comprehensive general liability insurance with financially sound and c
® reputable insurance companies. The insurance coverage shall be consistent with that held by UL
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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, R
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.
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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
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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.
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TO THE CITY: TO THE RECIPIENT: a
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Office of the City Manager Symphonie 3eunesse Orchestra w
300 N"D" Street, 6i1'Floor P.O. Box 21077
San Bernardino, CA 92418 San Bernardino, CA 92406
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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. U_
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1.0. ATTORNEYS' FEES n
In the event that litigation is brought by any PARTY in connection with this Agreement, the a)
prevailing party shall be entitled to recover from the opposing party all costs and expenses, v
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its E
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 0
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.
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11. ASSIGNMENT. a
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
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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.
E 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. o
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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.
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15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of 4
convenience only and shall not affect the construction or the interpretation of any of its
f provisions.
16. SEVERABILITY. co
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If any provision of this Agreement is determined by a court of competent jurisdiction to be
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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 E
other circumstance, and the remaining provisions of this Agreement shall remain in full force °'
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and effect.
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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.
(4110,
ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SYMPHONIE JEUNESSE ORCHESTRA
Page 5 of 8
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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 c
such facsimile or".pdf'signature page were an original thereof. 0
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20. AMENDMENT.
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY.
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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 v
PARTIES hereto are formally bound to the provisions of this Agreement.
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state,and local laws, ordinances and regulations. t
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23. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this Agreement for Y
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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
Packet Pg.75
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 o
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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 2
discriminate against any employee or applicant for employment on the basis of religion and will N
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. ii
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 M
provision the Project.
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[Signature pages follow]
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SYMPHONIE JEUNESSE ORCHESTRA
Page 7 of 8
Packet Pg.76
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.
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Dated: 12016 RECIPIENT: Symphonie Jeunesse Orchestra
By:
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Dated ,2016 CITY OF SAN BERNARDINO
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By.
Mark Scott, City Manager
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APPROVED AS TO FORM: v
Gary D. Saenz, City Attorney o
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SYMPHONIE JEUNESSE ORCHESTRA
Page 8 of 8
Packet Pg.77
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5.13J ,
VISUAL AND PERFORMING ARTS-GRANT APPLICATION FORM
City of San Bernardino-Fine Arts Commission
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I. 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: siostrings@gmail.com
Non-Profit ID Number:45-5559021
WebsiteAddress: htt_r.,/f www�sYml��niejeunesse_o
Years in Existence: 8 E;
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Il. Contact Persons
MicheleTacchia Naomi Myerchin
Chief Artistic Director President cLa
431 West 24th Street 5619 North I Street
San Bernardino, CA 92405 San Bernardino,CA 92407 a
(951) 203-0759 (909) 915-4887
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mbernardel@gmail.com msnomisue@gmail.com =
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III. Program Category o
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Music w
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IV. Period of Support Requested
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One or more workshops will be held during season 9 based on availability of funds
From:August 6,2016 Through:June 24, 2017 Q
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%
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Packet Pg.79
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+ Cpaying 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 cfl
of facilities,and student/community interest. N
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The chart below details the projected impact that one workshop and performance would have on the
community: 3
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Fi ures Based on One Workshop&Perform nc
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Target Groups SJO Students age 12- SBCUSD Students Parents/Family Community
18 age 11-16
Workshop 30 30+ Q
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Participants =
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Maximum 30+ 200+ 100+
Audience 00
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Participants
Time Frame Saturday TBA Saturda TBA Saturday TBA Saturday TBA
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VIII. Project Budget
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Figures Based on One Works op&Performance
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Line Item Expenses Description of each line item Total Budget per line Total amount requested
item for this project from FAC E
For professional presenters
Salary/Wages and artistic director @ $50 per $1,000.00 $1,000.00 `d
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hour Q
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
workshop and performance
Printing Printing of tickets,programs,
applications and certificates of $300.00 $0
com Ietion
Total for 1 Workshop $6,100.00 $5,000.00
Total for 2 Workshops $12,300.00 $10,000.00
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-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,travelinf
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 ca
concert series have been highly successful and well received by parents and the community for the last seven N
years,as well as their annual concerts at the Sturges Theater for the Performing Arts from 2009-2016. a,
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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 0
- Art and Music in 19th Century Vienna Art Exposition,CSUSB 2012
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- Kiwanis Club Program 90th Anniversary, 2012 Q
- Southern California Gas Company Event, San Bernardino Orange Show, 2012
- 34th, 35th,36th,37th Annual Thanksgiving Ecumenical Services U_
- Symphonie Jeunesse Recipient of ABC 7 Cool Kids Award, 2013 co
- Performance for Senator Mike Morrell's Women of Distinction Awards in 2013 and 2014
- Rotary North Partnership Concerts,2008-2016 0
- Latin Music and Arts Festival,CSUSB 2014 °o
- Performed at SBCUSD Golden and Crystal Apple Awards Ceremony, 2014
- Invitation to Record a CD,UC San Diego Music Department,project completed 2014 E
- San Bernardino Courthouse Concerts,Summer 2014
- Riverside Cinema Culturas Film Festival Debut,2014
District 5330 Rotary Convention, Cathedral City, CA in 2015 m
Collaborative Invitation Concert and Workshop with Mountain Top String Orchestra,Lake Arrowhead,
CA 2015
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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 Berpardino,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.)
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5.B.g
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 day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the"City");
AND,
Richardson Prep Hi - San Bernardino Teen Music Workshop (the"Recipient") N
(individually CITY or RECIPIENT may be referred to as a "PARTY" and collectively a,
CITY and RECIPIENT maybe referred to as the"PARTIES").
WITNESSETH : r
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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,
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WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the LL
proposal by the Recipient and recommends the City support the art related program proposed by
Recipient("Project") to promote fine arts and culture; and, 00
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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,
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions a�
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 E
contained herein,the PARTIES hereby agree as follows:
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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
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2. COMPENSATION AND EXPENSES.
2.1 Compensation. RECIPIENT shall be paid the grant amount of$22000, subject to
availability of the fiends. 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, o
without limitation, all costs incurred and revenues received. by the Recipient for 4
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 U_
and Records must be kept in the possession of the Recipient for at least three 2
years after the date of last disbursement under this Agreement, or for such longer c9
period, if any, required to resolve any claims or audits, or if required to do so by a
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 0)
Recipient; (ii) the premises of the Recipient where Project Books and Records are M
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. Y
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15 R_eports. 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 w
reports on the progress of the Project periodically thereafter at least once every a
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
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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 N
respect to third party claims against the RECIPIENT relating to or in any way connected with the
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accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
on Project assets and comprehensive general liability insurance with financially sound and d
reputable insurance companies. The insurance coverage shall be consistent with that held by E
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, M
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 w
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. r
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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 NIUSIC WORKSHOP
Page 3 of 8
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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.
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TO THE CITY: TO THE RECIPIENT:
Office of the City Manager Richardson Prep Hi - San Bernardino
Teen Music Workshop o
300 N"D" Street, 6"Floor 455 South K Street �
San Bernardino, CA 92418 San Bernardino, CA 92410 Q
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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.
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10. ATTORNEYS' FEES
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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. 2
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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
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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.
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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. 3
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15. HEADINGS. L
The subject headings of the sections of this Agreement are included for the purposes of a
convenience only and shall not affect the construction or the interpretation of any of its
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16. SEVERABILITY. M
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If any provision of this Agreement is determined by a court of competent jurisdiction to be a)
invalid or unenforceable for any reason, such determination shall not affect the validity or M
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 R
and effect.
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and Q
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 S
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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 o
such facsimile or ".pdf' signature page were an original thereof.. N
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20. AMENDMENT.
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY. a
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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.
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22. COMPLIANCE WITH LAW
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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 a
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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Now, ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
RICHARDSON PREP HI-SAN BERNARDINO TEEN MUSIC WORKSHOP
Page 6 of 8
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25. CONSTRUCTION.
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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
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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 o
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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 r
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. u.
., 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.
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[Signature pages follow]
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
RICHARDSON PREP HI-SAN BERNARDINO TEEN MUSIC WORKSHOP
Page 7 of 8
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
RICHARDSON PREP HI-SAN BERNARDINO TEEN MUSIC WORKSHOP FOR
MUSIC PROGRAMMING
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 12016 RECIPIENT: Richardson Prep Hi - San
Bernardino Teen Music Workshop
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Dated , 2016 CITY OF SAN BERNARDINO
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By: U.
Mark Scott, City Manager
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APPROVED AS TO FORM: CD
Gary D. Saenz, City Attorney
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
RICHARDSON PREP HI-SAN BERNARDINO TEEN MUSIC WORKSHOP
Page 8 of 8
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ATTACHMENT 1
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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
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Website Address: sbteenmusicworkshop.com
Program Established: August 2009 Y
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II. Contact Person: Bryan Wing a
Title: Program Director (Volunteer)
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Phone: (909) 388-6438 Cell (909) 800-7554 LU
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Email: bra winecusd.com E
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Ill. Program Category Under which Support is Requested: E
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Music/Dance Performance Program a
IV. Period of Support Requested:
From: July 1St, 2016 to June 30th 2017
Amount of Grant Request: $22,000
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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 N
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.
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In June 2014, the San Bernardino Teen Music Workshop relocated to the Looking Glass a
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 M
participating in dance classes and are performing to professionally choreographed w
routines. Additionally, this collaboration has provided our participants even greater
access to mentoring and performance opportunities.
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The mission of San Bernardino Teen Music Workshop is to foster teamwork, w
responsibility, creativity and public service within the context of a contemporary
music program.
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Statement of Program Need: a
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.
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VI. Estimated number of persons expected to benefit frorn the ro ram.
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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:
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Target Group(s) Middle School High School Students N
Students
Time Frame 7-1-2016 to 6-30-17 7-1-2016 to 6-30-17
Plumber of Classes, 150 Classes 120 Classes
Performances 20-25 Performances 36-40 Performances c�
Anticipated Participants: 50-60 Participants: 50-60 a
maximum audience, Audience per year: Audience per year:
participants etc. 10,000 20,000 U_
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Vlll. Project Budget 2016-2017: w
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List item Description of Total Budget per Total amount
Expenses each line item line-item for requested by E
project FAC M
Salary/Wages Music/Dance $22,000 $22,000
Instructors E
Music Directors $18,000 $0 a
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
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Income of Organization 2096-2097:
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Naime of Funding Source 1 Arnou,it Committed 'Co the Pr9je ct
SBCUSD LCAP Grant $30,000
SBCUSD Innovations Grant $20,000
City of San Bernardino- Fine Arts Grant $0
2015
Income for Showcases/ Worksho s $3,000
Contributions/Donations $500
San Manual Music Grant 2015 $0
Total Amount: $53,500
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IX. Future Objectives: 0
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 t
number of program participants; thus, limiting accessibility of this dynamic program to a (D
relatively small number of district students. U_
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Therefore, our basic vision of expansion is: Tr
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• 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 r
greater access to professional instruction and mentoring opportunities. a
• 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.
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X. Program History/Background:
Vince August 2000, thu San Ber ardinc 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. N
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
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years, these outstanding student musicians have represented SBCUSD and our L
community with exceptionally high standards that model skill, dedication, teamwork and
accomplishment.
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Parent and Community Involvement:
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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 E
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 E
Excellence. o
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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.
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CLERTIF[CA ION:
Project Officer: ✓ Title: Program Director
Phone: 909-800-7554 Date: -
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ARTS GRANT RECIPIENT A GREEMENT 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 this _day of , 2016,
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,
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San Bernardino Valley Concert Association (the "Recipient") (individually CITY N
or RECIPIENT may be referred to as a "PARTY" and collectively CITY and
RECIPIENT may be referred to as the"PARTIES").
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WITNESSETH :
WHEREAS, the City collects Cultural Development Construction Fees pursuant to San y
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, a
WHEREAS, the Fine Arts Commission of the City of San. Bernardino has considered the U-
proposal by the Recipient and recommends the City support the art related program proposed by Q;
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 a)
forth their rights, duties, and liabilities in connection with the City's support of the Project; and,
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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 E
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contained herein,the PARTIES hereby agree as follows: m
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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."
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BERNARDINO VALLEY CONCERT ASSOCIATION
Page I of 8
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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, o
without limitation, all costs incurred and revenues received by the Recipient for a�
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 v
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 a
the City.
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties a;
permit, authorized representatives of the City, agents of the City, and any other M
third party authorized by the City, unrestricted access at all times to: (i) Project 7'
Books and Records and any other documentation related to the Project held by the a)
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 E
Project-related documentation is kept or Project activities are or have been carried
out; and (iv) all personnel of the Recipient.
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2.5 Retorts. 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 M
reports on the progress of the Project periodically thereafter at least once every a
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.
at an time upon thirty 30 days written notice b either
This Agreement may be terminated y p y ( ) y y
PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing.
IfThe 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
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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 o
indemnity against the CITY, its elected officials, employees, agents or representatives, with m
respect to third party claims against the RECIPIENT relating to or in any way connected with the E
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance Q
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 ;L
similar entities engaged in comparable activities. e,
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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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
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.
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7. INDEPENDENT CONTRACTOR. w
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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
s 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
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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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager San Bernardino Valley Concert U_
Association L
300 N"D" Street, 6`h Floor P.O. Box 377
San Bernardino, CA 92418 San Bernardino, CA 92402 a
Either PARTY may change the address for delivery of notices by sending notice of the change to U_
the other PARTY in conformity with this Section. a;
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10. ATTORNEYS' FEES LL
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In the event that litigation is brought by any PARTY in connection with this Agreement, the M
prevailing party shall be entitled to recover from the opposing party all costs and expenses, E
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 0
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. t°
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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
E 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
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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. c
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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.
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of a
convenience only and shall not affect the construction or the interpretation of any of its
provisions. LL
16. SEVERABILITY. 00
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if any provision of this Agreement is determined by a court of competent jurisdiction to be Cn
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 E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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 13ERNARDINO AND SAN
1 BERNARDINO VALLEY CONCERT ASSOCIATION
Page 5 of 8
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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 c
such facsimile or".pdf' signature page were an original thereof.
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20. AMENDMENT. _
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No amendment to this Agreement will be effective unless it is in writing and signed by both L
PARTIES.
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21. CORPORATE AUTHORITY.
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are a;
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the v
PARTIES hereto are formally bound to the provisions of this Agreement. a_
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22, COMPLIANCE WITH LAW Cl)
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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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 Q
r not limited to acts of God,war, strikes or labor disputes, embargoes, governmental orders or any
other force majeure event.
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24. ORDER OF PRECEDENCE.
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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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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO VALLEY CONCERT ASSOCIATION
Page 6 of 8
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Y 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.
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27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES c
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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 2
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 a
Recipient will not discriminate against any person applying for the Project on the basis of (D
religion and will not limit such services or give preference to persons on the basis of religion. LL
The Recipient will provide no religious instruction or counseling, conduct no religious worship a,
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or services, engage in no religious proselytizing, and exert no other religious influence in the
provision the Project. U-
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[Signature pages follow]
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO VALLEY CONCERT ASSOCIATION
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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
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Dated , 2016 CITY OF SAN BERNARDINO
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Mark Scott, City Manager a;
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APPROVED AS TO FORM: 0
Gary D. Saenz, City Attorney
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Page 8 of 8
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ATTACHMENT 1
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VISUAL AND PERFORMING ARTS --- GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
t. Applicant/Organization
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 r
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Website Address(if available):
Number of Years in Existence or in Teaching: 83 yrs.
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II. Contact Person: Ernest Garcia a
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Title: President
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Telephone No: (909) 862-3668 Cell Phone: C74. 71 qS-- �
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Email Address: erdogar2(c@roadrunner.com E
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Ill. Program Category Under which Support is Requested: E
The request for funding encompasses several categories: r
Music, Literary Arts,Theater,Visual Art
IV. Period of Support Requested:
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From July 1. 2016 Through June 302016
Amount of Grant Requested: $23,145
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Total Organizational Budget for current fiscal year: $173,000
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l jo Percent of total Organizational Budget requested: 7%
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V. Project Description/Need Statement:
The San Bernardino Garcia Center for the Arts was dedicated on November 10,
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 111. The arts can play a 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.
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Our programs and activities were all initiated by indiuidua-tsar groups in our
community.
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A mariachi group "Corona de Angeles" (Crown of Angels)will be based at the San P
Bernardino Garcia Center for the Arts. They will rehearse twice a week and have a N
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schedule of performances. This "resident" mariacki has a program to teach musical a
skills to children with special needs. The music will appeal to a large demographic in
our community. The Director is Maria Sanchez,a Fong-time folkloric dance teacher.
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The San Bernardino Sings Folk Songs is presently recruiting singers and practicing U_
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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 s
loom and related equipment. That program is under development,as we search for
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a teacher. a
PoetrlE is a writing group whose members volunteered in the renovation of the
building at 536 West 11th 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.
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Packet Pg. 109
5.B.h
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
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Printmaking-on a large scale,with neighborhood involvement, will be led by Bob
Hurton,a local artist who does lin.oprinting, a form of monoprinting using linoleum 3
as the base material. Mr. Hurton has exhibited in many venues, including the Da in r
Pomona.
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We have included in our request,funds for additional renovation. This will allow us Q
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to use the space to its capacity, providing additional arts programs for the
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community.
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The owner of the former Casual Living Store/Pete's Finishland has been an early CO
supporter of our efforts. She offered the use of their trash bin for disposal of our E
renovation debris and more recently donated many items of her close-out inventory o
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 r
in the renovation of the building. a
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
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Packet,Pg.110
V11. Intended Results:
Target Groups: Children 8-12 Adults Middle/High
School
Time Frame: 8/1/15—9/4/16 7/11/15— 7/30/15—5/1/16
5/30/16
Number of 6 classes 12 readings 3 classes
Performances/Classes/Exhibits 2 performances 6 performances 30 rehearsals
2 exhibits 2 exhibits 6 performances N
Anticipati'dMaiiiri�uni Pa�cipants: 30 Nft1+rlpantS:88 Par'titiphntS,82 c
Audience,participants,etc. Audience:90 Audience: 1,450 Audience:340
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Vlll. Project Budget
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What are the project expenses,and how much is requested from the Fine Arts Commission
(FAC)? Q
Line item Expenses Brief Description of Total Budget per Total amount =
each line item line item for this requested from u.
project FAC am
Salary and Wages Prepare Venues, $6,010 $2,006 v
Open for Activities �
Supplies Art Supplies,Sheet $1,980 $1,235 Cn
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Music,Scripts
Equipment Stage Lights, Roller, $4,710 $3,010 E
Etching Press
Travel Visit"Like Program" $950 $450
Conferences d
Use of Use of 6000 sq.ft.for $29,320
$8,975 �
facilities(utilities, Activities/Performances
maintenance Q
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
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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 N
_ sponsoring/promoting/and sustaining non-profit and school arts groups,with all expenses c
paid by SBVCA and all proceeds going to the groups. In 2015 we acquired a long-term lease
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for 536 W. lit'St.with the intent of creating an Art Center.The building,which had been U_
heavily vandalized, has been renovated during the past year to serve as a site for a variety of
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arts events and activities. c9
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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 ii
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S.B.i
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 , 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,
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Art Institute of California - Inland Empire (the "Recipient") (individually CITY or N
RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT =
may be referred to as the"PARTIES"). °
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, Q
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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
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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
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forth their rights, duties, and liabilities in connection with the City's support of the Project; and,
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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. w
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions E
contained herein, the PARTIES hereby agree as follows: a
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1. SCOPE OF SERVICES.
For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to
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perform those actions as set forth on Attachment"I," attached hereto and incorporated herein in
: order to promote fine arts and culture within the City of San Bernardino. The Project shall be
1 budgeted in substantial conformity with the budget included in Attachment"1."
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S ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART
INSTITUTE OF CALIFORNIA-INLAND EMPIRE
Page 1 of 8
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S.B.i
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, N
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
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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 U
period, if any, required to resolve any claims or audits, or if required to do so by a
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties
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permit, authorized representatives of the City, agents of the City, and any other Cn
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
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Recipient; (ii) the premises of the Recipient where Project Books and Records are M
kept or Project activities are or have been carried out; (iii) other sites where E
Project-related documentation is kept or Project activities are or have been carried
out; and (iv) all personnel of the Recipient.
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2.5 Reports. The Recipient shall provide to the City,not later than February 1, 2016,a .Ec0
written report on the progress of the Project. The Recipient shall submit written .2
reports on the progress of the Project periodically thereafter at least once every a
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
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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 N
indemnity against the CITY, its elected officials, employees, agents or representatives, with a,
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.
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5. INSURANCE.
The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
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 ii
similar entities engaged in comparable activities. 0)
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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, M
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
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.
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7. INDEPENDENT CONTRACTOR. Y
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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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART
s INSTITUTE OF CALIFORNIA-INLAND EMPIRE
Page 3 of S
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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.
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TO THE CITY:
TO THE RECIPIENT: _
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Office of the City Manager Art Institute of California - Inland
Empire
300 N "D" Street, 6"' Floor 674 East Brier Drive �
San Bernardino, CA 92418 San Bernardino, CA 92408 Q
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..... Either PARTY may change the address for delivery of notices by sending notice of the change to ii
the other PARTY in conformity with this Section.
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10. ATTORNEYS' FEES
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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, E
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. a
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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
1 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.
b 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
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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.
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14. SUCCESSORS AND ASSIGNS. N
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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.
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15. HEADINGS.
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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
provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
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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 E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. c
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17. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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.
(Moov ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ART
INSTITUTE OF CALIFORNIA-INLAND EMPIRE
Page 5 of 8
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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 N
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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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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.
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MA3EURE. E
A PARTY shall not be liable for any failure or delay in the performance of this Agreement for a
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
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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 N
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 y
not limit employment or give preference in employment to persons on the basis of religion. The Q
w• 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. U-
The Recipient will provide no religious instruction or counseling, conduct no religious worship Q,
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or services, engage in no religious proselytizing, and exert no other religious influence in the
provision the Project.
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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: , 2016 RECIPIENT: Art Institute of California - Inland
Empire
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Dated , 2016 CITY OF SAN BERNARDINO N
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VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM
City of San Bernardino–Fine Arts Commission
I, 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
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Non-Profit I.D. No, N/A
Website Address (if available) artinstitute.edu
Number of Years in Existence or in Teaching_10_
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II, Contact Person Trevor Garrett
Title Director of Accounting
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Telephone No: ( 909) 9152100 Cell No: (909)_915-2120
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Ill. Program Category Under which Support is Requested: c�
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IV. Period of Support Requested: c'
From 06/15/2016 Through 07/16/2016_
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Amount of Grant Requested^„`$8,000 Q
� Total Organizational Budget for current fiscal year
(Not applicable to schools
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Percent of total Organization Budget Requested.
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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. (US
ply wood boards for painting on, 2x4'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.
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VI. Realistic number of persons expected to benefit from this program.
350
a) Number of persons paid by attendance______O
b) Number of persons admitted by no fee 350
c) Number of classes and/or performances scheduled/length of dispiay_5�
d) Total attending cl asses/performances/displays/exhibits 5�
VII. Intended Results:
Tar et Group(sl High school
students Community
Timame 5 hours
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3 live performances,
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performances%classes; 1 art competition
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exh,.-ib�ts 1 ar r CD Antics 'at ed maximum 350
audience;
participants, etc.
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What are the project expenses, and how much is requested from the Fine Arts Commission(FAC)?
Brief Description of each Total Budget per line-item Total amount requested
line item for this project from FAC
Sub straight 40 pcs.4x8 Plywood $800 $4315
240 pcs.2x4 boards $760
160 bolts 3/45 $480
160 nuts%in $100
100 spray paint 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 r
1,000 5x7 flyers $110 N
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$8000
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TOTAL EXPENSES AND
AMOUNT REQUESTED
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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
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CERTIFICATION:
Project Officer: Title
Telephone No: Date
List Board of Directors and officers (does not apply to parks and schools)
(Include names,addresses,and telephone numbers.)
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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 etigi ble 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 Intand Empire California
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in the city of San Bernardino young artist are looking for an outlet to show off c
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their work.An event like this in a positive surrounding can help motivate and inspire
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young artist to pursue their goats in the art world.This will not just be an art
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competition, but also a community event.We will be providing live music,food trucks, LL
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and a live demo from artist Justin Bua.An event tike this can help build the confidence
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in these young and aspiring artists, and show that the community does appreciate
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them as artist.
Finally this gives the community of San Bernardino a chance to showcase the a
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gems of the city.The young artist is this city deserve as a place where they can show w
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off and display their art in a safe environment, and show their family and friends what
the can do with a couple of cans of paint,some markers, and acrylic paint. Not only
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for the art community.
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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 this _day of , 2016,
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,
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 c°•i
as the "PARTIES").
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, w
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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 U-
,,,. Recipient("Project") to promote fine arts and culture; and, c,
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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,
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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: E
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1. SCOPE OF SERVICES. a
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 ARTS
CONNECTION NETWORK
Page 1 of 8
Packet Pg. 130
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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, o
without limitation, all costs incurred and revenues received by the Recipient for C14,
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 y
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
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period, if any, required to resolve any claims or audits, or if required to do so by
the City.
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties a;
permit, authorized representatives of the City, agents of the City, and any other v
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
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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 E
Project-related documentation is kept or Project activities are or have been carried 0
out; and (iv) all personnel of the Recipient. r
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 r
reports on the progress of the Project periodically thereafter at least once every Q
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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS
CONNECTION NETWORK
Page 2 of 8
Packet Pg. 131
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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
perfonnance 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 o
indemnity against the CITY, its elected officials, employees, agents or representatives, with 0
respect to third party claims against the RECIPIENT relating to or in any way connected with the a
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
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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 c
reputable insurance companies. The insurance coverage shall be consistent with that held by ii
,,. similar entities engaged in comparable activities. a;
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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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
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 c
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
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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
Packet Pg. 132
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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.
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TO THE CITY: TO THE RECIPIENT:
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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
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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
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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 E
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.
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11. ASSIGNMENT. a
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
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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. o
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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.
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15. HEADINGS.
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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
provisions. ii
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16. SEVERABILITY. co
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If any provision of this Agreement is determined by a court of competent jurisdiction to be
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invalid or unenforceable for any reason, such determination shall not affect the validity or v
enforceability of the remaining terms and provisions hereof or of the offending provision in any E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. r
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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
Packet Pg. 134
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.
14. 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 ".pdP'
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 o
such facsimile or".pdfl' signature page were an original thereof.
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24. AMENDMENT. 3
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No amendment to this Agreement will be effective unless it is in writing and signed by both L
PARTIES.
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duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the v
PARTIES hereto are formally bound to the provisions of this Agreement. _
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MAJEURE.
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for y
the period that such failure or delay is due to causes beyond its reasonable control, including but Q
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
Packet Pg. 135
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.
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27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES o
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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
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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 L
discriminate against any employee or applicant for employment on the basis of religion and will N
not limit employment or give preference in employment to persons on the basis of religion. The
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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. LL
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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARTS
CONNECTION NETWORK
Page 7 of 8
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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
By:
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By:
Mark Scott, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney =
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Page 8 of 8
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VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
1. Applicant/Organization
Name of organization
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Physical Address —2— -
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Mailing Address P'vyv%'?
Telephone No. Cell Phone
Non-Profit I.D. No.
Website Address(if available)
Number of Years in Existence or in Teaching_�._
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Contact Person Lf
Title LL
Telephone No: ( u)— Cell No: ( 0
E-mail address:
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11L Program Category Under which Support is Requested: M
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IV, Period of Support Requested:
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Amount of Grant Requested E
Total Organizational Budget for current fiscal year I")'E'0
(Not applicable to schools)
Percent of total Organization Budget Requested.
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V. Statement
Arts CIonnevion woKng in -,vitn artivts NlVct"-:�e; Sag-wa and P.-J! vvouf�
to P_ si�nes u! polidea; cadooriong 'e6r'-S CI-r-id up. V',;'crkshc:,p-7:,w-Duld rjoga
as �e
par�,(-ipan'ts in lsstues and discussion aujundloCal- -Ii-id r-iationadlpolitics. as a-. -j
fundarnantai CairtC,01-Wng a-tcjl Mnateria;s- A! ,,)E- at the sehes, paMpants
vv(II,;!o have Vhe; Opportundy to fi-,.,- pubicalon w Me InInd EnVVe Commnly
Newspaper and the Acts ConnEstbn webske.
ArMadbAst %Mci'�ael Segurawoulid, efforls tC; yo
j ;uth Wo the m1shops am!
provide insigm on pck-,!cai issues and WwMg Ostrucitiion. Lccally based, kn,,
Carmorlst. Pts Yeh. ;4-ou:d �eac me carmcOng lesswo. hie haEs been an acti-ve cf-4�onanti--.,f
H&eny hmmey tm*!-,,,;,-igh the swce 1986 whert tie Cartccnists Arnerim a g
that enc.our age Kids to g6t ',nt-an-.!swd wi waIng Tmugh •ww, tboo'rs and graphic novels. Bce,
Mese arti,31a share i passionlor puoUc engagemehi and -ha.ve ac-.tiveiy been invoived in creatmiC
tnurals througn •Lil their to aodress r:iizsc- poiiticet a-,varenes!� arid ZF
celebrate our cu�ttljt al 'nistory. Q4
ineerl for increasing pdWal engagement is mos', measui,,abiy dem-onstraled t.•y iast year's. T
efecuo'n turn c"u-t. Out c,,-,' 77,00,C) relpstered voters. My annit 10 perc-enit, or 7.367 1,je C
cast a ba�!Ot in 1'�Ie N'Ovem.ber 2015 e6aW As pan of Mis projiect vie --iviP b3 ir,, UT
paqnwsNp nth Mew League f 'VI-omen Voters to get, pairTicipants rtagistered m vot-ii, ar7,j ed'u-ca-',
t' U - 'r j ia eletins lr--, n�na ,D P6S,-e; l j xg
' �� ;?8 i-na-,a%rials and faciiiry -enta�
Funding •AOuiC �'.;UPW a�t`st ", s wOMKOP a 'bi
sCmeaded at We (�)r is Arts with visit& The Mc,—Uonalds 'Y
is My up ar. a-t-st's st,,dio. Ti 6 NOMM's Mew Mowre-i ?,n, A! .,et OK-Jr,
local busnessmen wna is abso fcur.de,.- and CEO ot Vkj'?%C"Ujd'
&ud Ruck,,--'ts '.xt S,--ipP4y, cornnecii!-ig io-3a! artists ti-� k,.)cai b'j,,;,ine.s,&
Arqs ,--:onriectior� is Est appjbg hx the WHOM Ams Coundl , -nrt
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grant with this proposai. Shr-Wild %-ve receW� this: grant, ,,ve wouid in.crease (h.e. pedod ana 1,0
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V1. Realistic number of persons expected to benefit from this program.
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a) Number of persons paid by attendance
b) Number of persons admitted by no fee
c) Number of classes and/or performances scheduled/length of display-
-�,s Once avvee� over six mnont�s, %i,
'10 2 i�our [ass se.soici ri natinq jj,� w P,,k 1.
'- i X - - �I cul. ... ...k e dil-zz
d) Total attending classes/performances/displays/exhibits per. class/l 00 Fxh'Ibi'L
vil. Intended Results:
iJen nd o ma)irnurn age)
Ivuof
perform cesclasses,
Pts a uP l� -I
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'16-1111511(5 C)
0 C� -xNbition- PublisInJig oppolrtlunilip.'S
ex 5 lasses Orie CN
A' d-MaArnurn
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au ie ice
at I U Ci 11 a nts: etc. 5 audience: 1,00
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vm. Project Budget
What are the project expenses, and how much is requested from the Fine Arts Comm fission(FAC)?
Line Item Expenses Brief Description of each Total Budget per line-item Total amount requested
line item for this project from FAC
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TOTAL EXPENSES AND a
AMOUNT U_
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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 4)r_
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A"' Okural' 4.iarl Polic), M
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TOTAL AMOUNT
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Ix. Future Objectives
VV= plari on s6lu!,n.�T,Uing ain 1.1bro W Wis g�afll !!-ie Caffornia ArIS COLMCii �CA
we- receiv.':d' !.,,k lA l�
ri (wamls is e -* to purchase a cofnpu!eir
S,ot,mara ana scami-lai-the that wouk! Ice to he Garcia G✓nter a:thEp-
comipletion Of the gram WS Caw asu punliase Dooks for a cartooning fi&ary, whicih,
atgain ,,voulcl remai!-� ar, the GarJc. up0i'l C0fl0!L,lSiGi'i r-4t The prr-,,gram to benefittn�
cornrnunity Ba.""ond fll)e CAC grart live- ha-ve 3i.-.C; approached Bud Rickecr's and,
Nbert Mimi for donahans but ra=g has been can"Med at Qos t;rne. I Phi"
Yant hey aye may be a0k to sexre Wwr donabons Pt'iv3te Wndws
as me is very conneme�,d to th(': ✓airy onwg comawnty Shculd we not rece�ve funding from tt�E
Fine Arts Corrnmi--,sion wewifl pmasa w4h the CaNtomia Arts Councill y- ant and privalte ;-,Jo no
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-, -Dver-arorIing prograin 1S tc, Qsdarls in the polilicz of Ithe day -at a.0 (evr-
-)vernment, andito encourage both. foanal and iirfor,
mal P;,Nic-ipation in our democra •r, By 24
jamusnong peope ohli the wsue!3! availlat.-�e pubiic :-neeting •sch�edules. ergaging in T
Of aXPMSNQn W mowaong Wer aglMon, 1
beheve we voH see a measura�'jl& prograp paMd Pants, ,wh,:. vv;,'! lurn ow a*, ,h-..e pc,!!,,: U2
We hope you Will •uppor r41-s gr i-J lr7i-.-."".k Y"-,u for ar-,�t Rf
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X. Provide a brief history/background of your organization/school project(s). (What you have
done before in this category of the arts.
1.rls Conner.liori is ti-ie 3r+,;s cour'c,( San Berna.,diril; Cour-ty. VVe ar a e., tc,
C- dedi'- -, u
mo a��s4s. arts o,,. a-,Irriinistratocs an J munity resideros,
io -qanizazions ar.,l
e's (1��djCal"_
ar: v�o n c-r-4,1aboration, o,,iin ous-`Mess arid pa•11 1 -- e 1- -
j"n r ,4
and eccncmic vilafliti,, nino ennc,"ung r-1 U
S--+ ;rv ov nro-vi-diniq Suppola. prorrrcltiC)'-' anid Ur VO—ac-y ft' r tile
n an v our 501cS in, M ay of the
-.;-, LiEv-,i
Ariz, 'Conne --c is laui iar%j o� 20 d recet ed A
caiendar, an aflist directczy
vear. VVe rnavi� a ',stmt( that host's a countyk ;0- 1
-n;.rts ne';�s anlclt an opp Lt?uiriti�.--.-3 :-�9& '10," ?O'd atlts organizations Oie ai','o c)rl:)ot_�
an c-UT,UP.� for OUr Members, aping wi*intsmaile.;-
vvcxkshop�vw'itt-; "'c"Pics ranging z;u'd� as piann!ng and f.-_:,ndraising We ale ie,,ad pe.m.
varjouY grar,�; onsotred propotc, su,��t- as the Vele�ans Initiative the Ats. and4 the
Sp J I initiative
Artist Ir", Scho,clls Pla,-iiling grant, V'Ve, in comnuniiij evei-ais af-ld offerp, fn�:
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,rA;n-back, ITIcaking activity. We are aiso develooting a cultural asset lrnap for
San Seri arch(" CD.Cunty'. 11,nd tc_,�%la,ds a written •cu!+' ra! plan if- P
iat /je can pres-i- 0)
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X1. Attach a copy of your last fiscal year financial report,audited or unaudited. This does not
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apply to schools or parks. Failure to submit this will result in rejection of your application.
CERTIFICATION:
Project Officer: Qan'eile Giudici VVal'H's Title i.iltei'in-, Drector
9 0 Cj-533 7-5 8 0
Telephone No: Date
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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 _ day of , 2016,
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,
Kimbark Elementary School (the "Recipient") (individually CITY or RECIPIENT cc
may be referred to as a "PARTY" and collectively CITY and RECIPIENT may be N
referred to as the"PARTIES"). _
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WITNESSETH :
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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 0
proposal by the Recipient and recommends the City support the art related program proposed by U_
Recipient("Project")to promote fine arts and culture; and, a;
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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,
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions E
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 E
contained herein,the PARTIES hereby agree as follows:
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1. SCOPE OF SERVICES. 4
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
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2. COMPENSATION AND EXPENSES.
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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, o
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 3
in accordance with the generally accepted accounting standards. Program Books Y
and Records must be kept in the possession of the Recipient for at least three m
years after the date of last disbursement under this Agreement, or for such longer 0
period, if any, required to resolve any claims or audits, or if required to do so by L
the City.
2.4 Access. The Recipient shall permit, and shall ensure that all third parties a,
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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 co
Recipient; (ii) the premises of the Recipient where Project Books and Records are
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kept or Project activities are or have been carried out; (iii) other sites where E
Project-related documentation is kept or Project activities are or have been carried
out; and(iv) all personnel of the Recipient.
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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 a
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
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4.
� 4. INDEMNITY.
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{ RECIPIENT agrees to and shall indemnify and bold 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 o
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.
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5. INSURANCE. L
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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 ii
similar entities engaged in comparable activities. a;
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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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, o
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law. E
7. INDEPENDENT CONTRACTOR. w
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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
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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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager Kimbark Elementary School
300 N"D" Street, 6th Floor 18021 Kenwood Ave. L
San Bernardino, CA 92418 San Bernardino, CA 92404
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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. U.
10. ATTORNEYS' FEES co
In the event that litigation is brought by any PARTY in connection with this Agreement, the o
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 E-
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
1 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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11. ASSIGNMENT. a
1 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
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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
I 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. Co
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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.
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15. HEADINGS. L
1 The subject headings of the sections of this Agreement are included for the purposes of Q
convenience only and shall not affect the construction or the interpretation of any of its
provisions. U.
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lb. SEVERABILITY. v
If any provision of this Agreement is determined by a court of competent jurisdiction to be o
invalid or unenforceable for any reason, such determination shall not affect the validity or v
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enforceability of the remaining terms and provisions hereof or of the offending provision in any E-
other circumstance, and the remaining provisions of this Agreement shall remain in full force ,0)
and effect.
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and Q
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
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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 c
such facsimile or".pdf' signature page were an original thereof a�
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20. AMENDMENT.
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No amendment to this Agreement will be effective unless it is in writing and signed by both c
PARTIES.
21. CORPORATE AUTHORITY.
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N*AWO" 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.
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22. COMPLIANCE WITH LAW v
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MAJEURE. E
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for a
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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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
KIMBARK ELEMENTARY SCHOOL
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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.
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The Attachments to this Agreement are an integral part of this Agreement and have each been
incorporated herein.
27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES o
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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
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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 M
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 Iimit such services or give preference to persons on the basis of religion. u.
The Recipient will provide no religious instruction or counseling, conduct no religious worship o;
or services, engage in no religious proselytizing, and exert no other religious influence in the co
provision the Project.
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[Signature pages follow]
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
KIMBARK ELEMENTARY SCHOOL
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ATTACHMENT 1 N
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VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
1. 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 (90 659-7846
Non-Profit I.D. No.
Website Address (if available) http://www.sbcusd.kl2.ca.uslindex.aspx?NID=288
Number of Years in Existence or in Teaching 48 years
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II. Contact Person Mario Jacquez
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Title Principal =
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Telephone No: ( 909) 880-6641 Cell No: ( 909) 659-7846 L
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E-mail address: Mario.Jacquez @sbcusd.kl2.ca.us =
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III. Program Category Under which Support is Requested:
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Theatre
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IV. Period of Support Requested: °'
From Aug. 1, 2016 Through May 30, 2017
Starting Ending
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Amount of Grant Requested 25,000 a
Total Organizational Budget for current fiscal year
(Not applicable to schools)
Percent of total Organization Budget Requested.
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V. Proiect 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 N
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 2
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 ii
world. Over half the of students at Kimbark Elementary come from low socio economic families who U
can not afford to provide music and art enrichment for their children. This program will allow these co
students to experience the different aspects of musical theatre in a safe and accessible environment. �-
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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 E
develop the musical. Students will use technology to research their topics as well as to produce and R
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. a
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.
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VI. Realistic number of persons expected to benefit from this program.
500
a) Number of persons paid by attendance 0
b) Number of persons admitted by no fee All
c) Number of classes and/or performances scheduled/length of display
40 classes 15 Performances
d) Total attending classes/performances/displays/exhibits
150 attend classes 500 attend performance
VII. Intended Results:
Tartlet Group(s) Students Parents/Teachers After School Program
Time Frame 10/1/16- 5/30/16 10/1/16- 5130/16 8/1/16- 5/30/16
Nu�tuber of Weekly classes! Weekly classes/ Weekly classes!
performances/classes, Lessons , Lessons , Lessons , N
exhibits 5 performances 5 performances
Anticipated maximum Audience-500+ Participants- 15
Participants- 150
audience, Participants- 75 U-
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k Vlll. Project Budget
What are the project expenses,and how much is requested from the Fine Arts Comm fission (FAC)?
Line Item Expenses Brief Description of each Total Budget per line-item Total amount requested
line item for this project from FAC
Art Supplies,Costume 3,000.00 2,500.00
Supplies Materials Materials, Set materials
Sewing machines,tools, S,000.QO
Equipment microphones,lighting, 5,000.00
Dance,Art and Acting
8000.00 8,00D.00
Fine Arts Instructors Instructors,music production
Kimbark Staff who will participate 2,100.00 1,500.00
Teacher Instructors in instruction from experts
Printing Programs,posters,invites 500 0
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Computers for digital music c
Technology production and recording 9,000.00 8,000.00 N
equipment
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TOTAL EXPENSES AND 27,600.00 25,000.00
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AMOUNT REQUESTED
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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 U-
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S BC US D 2,400.00
Parent/Community 200.00
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TOTAL AMO U NT 2,600.00 Q
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IX. Future Objectives
Kimbark is working owards fully implementing STEAM in our daily lesso
9 ns 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 N
serves students from all over the City of San Bernardino. _
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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 NASAs 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
i 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 N
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.
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XI. Attach a copy of your last fiscal year financial report,audited or unaudited. This does not a
apply to schools or parks. Failure to submit this will result in rejection of your application.
CERTIFICATION:
Project Officer: Title
Telephone No: °Ya R fo S'a —� `i L Date
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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_ day of , 2016,
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,
CSUSB Opera Theater (the "Recipient") (individually CITY or RECIPIENT may be m
referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as N
the"PARTIES").
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WITNESSETH :
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and,
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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 LL
Recipient("Project")to promote fine arts and culture; and,
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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,
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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. `E
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows: E
1. SCOPE OF SERVICES. Q
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."
i
ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN$ERNARDINO AND CSUSB
OPERA THEATER
{ Page 1 of 8
Packet`Pg. 161
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5.B.1
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, c
without limitation, all costs incurred and revenues received by the Recipient for 04
the Project and the overall progress toward completion of the Project ("Project
Books and Records"), The Recipient shall maintain Program Books and Records 3
in accordance with the generally accepted accounting standards. Program Books w
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 Q
the City.
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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 co
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
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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 E
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
report s on the progress of the Project periodically thereafter at least once every a
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
} Packet Pg.162
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5.B.1
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 c
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.
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5. INSURANCE. 1°
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance Q
on Project assets and comprehensive general liability insurance with financially sound and c
reputable insurance companies. The insurance coverage shall be consistent with that held by
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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
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. E
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7. INDEPENDENT CONTRACTOR. a
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
k 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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB
E OPERA THEATER
Page 3 of 8
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5.B.1
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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager CSUSB Opera Theater
300 N"D" Street, 6t"Floor 5500 University Parkway
San Bernardino, CA 92418 San Bernardino,CA 92407
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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. LL
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10. ATTORNEYS' FEES Cl)
In the event that litigation is brought by any PARTY in connection with this Agreement, the
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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 E
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. �
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11. ASSIGNMENT.
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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
1 OPERA THEATER
Page 4 of 8
Packet Pg. 164
5,B.1
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. N
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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.
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15. HEADINGS.
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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
provisions. U.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be co
invalid or unenforceable for any reason, such determination shall not affect the validity or �r
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enforceability of the remaining terms and provisions hereof or of the offending provision in any E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. c
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB
OPERA THEATER
Page 5 of 8
1 Packet Pg. 165
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].8. 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 o
such facsimile or".pdf' signature page were an original thereof. 04,
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20. AMENDMENT. _
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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.
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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 co
PARTIES hereto are formally bound to the provisions of this Agreement.
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MAJEURE.
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for a
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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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CSUSB
OPERA THEATER
Page 6 of 8
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5.B.1
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.
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27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES N
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 a
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. E
The Recipient will provide no religious instruction or counseling, conduct no religious worship 0
ing, and exert no other religious influence in the
or services, engage in no religious proselytiz
provision the Project.
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ARTS GRANT RECIPIENT AGREEMENT B Tw T��TER CITY OF SAN BERNARDINO AND CSUSB
OPERA
Page 7 of S
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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
By:
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Dated ,2016 CITY OF SAN BERNARDINO
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Mark Scott, City Manager
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APPROVED AS TO FORM: n
Gary D. Saenz, City Attorney
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OPERA THEATER
Page 8 of 8
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ATTACHMENT 1
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VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
I. 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.edu
Number of Years in Existence or in Teaching 51
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ll. Contact Person Dr. Stacey Fraser
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Title Professor/Director of CSUSB Opera Theatre
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Telephone No: (909 ) 537-5835 Cell No: (619 ) 985-4156 N
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E-mail address: sfraser @csusb.edu a
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(If. Program Category Under which Support is Requested:
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IV. Period of Support Requested: E
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From September 10, 2016 Through June 10 2017
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Amount of Grant Requested 11,132.35 a
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Total Organizational Budget for current fiscal year 25, 002.00
(Not applicable to schools)
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I Percent of total Organization Budget Requested 44%
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C5.B.1
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 N
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community outreach concerts within the San Bernardino City Unified School District in an effort to bring =
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both opera education and opera performance to our San Bernardino youth. These outreach performances =
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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 f6
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operas is scheduled for February 2017 and the main stage performances of The Old Majestic are scheduled N
for May 2017 in the Recital Hall in the Department of Music,CSUSB. 4
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The productions will be directed by Dr. Stacey Fraser and performances will be conducted by Dr. ChoEun LL
Lee, recent graduate of the prestigious Collaborative Keyboard Arts program at USC and resident artist at
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the world renowned Tanglewood Music Centrer,2013-2014.Garry Fish will be the Technical Director for the 72
entire CSUSB Opera Theatre 2016-2017 season and Costume Design will be created by Emmy winning ass
Jacqueline Saint-Anne, a collaborator of the CSUSB Opera Theatre for the past four years. Publicity will be M
done by the Department of Music publicist, Diana Reyes.The Development Office in the College of Arts and E
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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
s Program.The outreach events at participating K-12 after school programs will be scheduled throughout the
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1 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
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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
l 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.
t The fall performance will feature excerpts from Mozart's 11 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
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performance will be a presentation of one- act operas that will feature music faculty, students and guest
artists.
'he 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
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acclaimed San Bernardino restaurant, Castaway, to promote both the opera and the opportunity for fine N
dining experience in our city. Ideas for promotion include: a'
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1)Castaway at the Opera u-
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• 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%
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off.$30 (D
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L2)Night out at the Opera
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• 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
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General Admission ticket.
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3)Buy one get one promotion
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.;5.6.1
VI. Realistic number of persons expected to benefit from this program.
ay 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
VI 1. Intended Results:
Target Group K-12 Students General Public
Time Frame 11/1/16-6/10/17 11/1/16-6/10/17 N
Number of 8 performances (7 5 performances
Performances/classes SBCUSD school site visits
and 1 open dress
rehearsal on the CSUSB l°
campus)
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• Curtis Middle c
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• Arroyo Valley High CO
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• Richardson Prep
• San Gorgonio High v
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• San Bernardino
High
• Ceasar E. Chavez E
• Cajon High School
Anticipated 1640 1200 a
maximum audience,
participants
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S.B.I
Vill. Project Budget
What'are the project expenses,and how much is requested from the Fine Arts Commission(FAC)?
ri tion of each Total Budget per line-item Total amount requested
Line Item Expenses Brief Desc p
line item for this project from FAC
Salary and wages Orchestra,Choreographer, 18,260.00 132.35
0nductor,Designers Guest Artists
Supplies and Materials ets,costumes,props,printing 5132.35 2000.00
Royalties Performance rights, part 1000.00 500.00
rentals
Receptions For patrons and donors 1000.00 500.00
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125,392.35 11,132.35 =
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TOTAL EXPENSES AND
AMOUNT REQUESTED r
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1 What are other sources of funding for this project? Grants,Contributions,Revenue (such as ticket sales,etc.) `t
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Name of funding source Amount committed to this project =
CSUSB Dept of Music 6000.00 •co
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Projected Ticket Sales
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Program Advertising 500.00 M
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CSUSB Opera Theatre Season 2016-2017
Revenue
Projected Ticket Sales(Rodriguez) Number Price Total
-Student 250 $8.00 $2,000.00
-General Admission 100 $15.00 $1,500.00
-Faculty 25 $12.00 $300.00
Projected Ticket Sales(One Act Operas)
84 $8.00 $480.00
Student
General Admision 80 $15.00 $1,200.00
Projected Ticket Sales (Scenes)
Student 80 $6.00 $400.00
General Admision 80 $11.00 $880.00 0
Funds from Dept of Music $6,000.00 N
Program Advertising $500.00 M
OSR (Peer Lab) $1,000.00 =
Fine Arts Commission $11,132.35
Total Revenue $25,39235
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Expenses
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Salary and Wages Q
Orchestra Number Price Total
- players 10 $450.00 $4,500.00
Conductor $1,400.00
Orchestra Contractor Fee $0.00 co
Make-up/Hair Artist Fee $300.00 --
Costume Coordinator Fee $4,000.00
Student Assistant(Peer Lab) $1,000.00 M
Costume Assistant Fee $400.00
Set Designer Fee $1,000.00 E
Projection Designer Fee $800.00
Lighting Designer Fee $800.00
1 Choreographer Fee $400.00
Guest Artists $3,260.00
Jess Issaac Design/Photos $400.00
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Supplies and Materials
Costumes $3,000.00
Props $300.00
Set $1,000.00
€ Make-up/hair supplies $450.00
Printing
-Program 500 $0.50 $250.00
- Invitations 500 $0.265 $132.35
Mailing $0.00
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Other
Receptions $1,000.00
Rental Scores/Royalties $1,000.00
Total Expenses $25,392.35
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.5.6.1
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 is
to reach out to these businesses and prospective donors. Co
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if we are unable to raise enough funds to present this project in the way that has been described in
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this proposal,we will simply need to cut back on our expenses, perhaps by reducing the salary/wages ti
of the orchestra,conductor, rehearsal pianist and guest artists.The worst-case scenario would be to
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present the all three productions in concert style without sets and costumes and perhaps only with
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piano accompaniment.
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5.B.1
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 T ram Theatre program in the Department of Music at California State University, San Bernardino
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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 Hdnsel and Gretel set in modern day Los Angeles with a gothic and fantastical.twist,
Mozart's Impresario set in the Wild West, San Bernardino, 1882, Mozart's Cosi fan tutte, set in the
beloved City of San Bernardino Harris Company Department Store, circa 1964 and Offenbach's RSVP:or c
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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 3
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Aires by Astor Piazzolla with libretto by Horacio Ferrer and the premiere of Concert Suite from Frido by c
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, a
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Robert Xavier Rodriguez,La Curandera this past May 2415.
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There have already been two productions that have taken place during the present season of 2015- M
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
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Bertolt Brecht's The Seven Deadly Sins. The May 2016 main stage production of Don Pasquale is "'
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currently in rehearsal. Performance dates are May 6th and May 7th, 2016 in the Performing Arts Recital E
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. E
Our opera students have gone on to pursue Master degree programs in nationally renowned Q
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 Caf6 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.
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5.6.1
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
(W your application.
CSUSB Opera Theatre Season 2015-2016 (not
yet audited)
Revenue
Projected Ticket Sales(Pasquale) Number Price Total
-Student 250 $8.00 $2,000.00
-General Admission 100 $15.00 $1,500.00
- Faculty 25 $12.00 $300.00
Ticket Sales(Weill, 2-5-16)
Student 146 $8.00 $1,168.00 tD
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Special 19 $12.00 $228.00 C4
General Admision 38 $15.00 $570.00 a)
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Ticket Sales (Scenes 11-19-15)
Student 167 $6.00 $1,009.00
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Special 2 $9.00 $18.00
General Admision 19 $11.00 $209.00 c�
Funds from Dept of Music $6,000.00 c�
Program Advertising $0.00
OSR (Peer Lab) $1,000.00 a
Fine Arts Commission $11,000.00
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Total Revenue $25,002.00 i-
00
Expenses "'
Salary and Wages
Orchestra Number Price Total v
-Players 10 $450.00 $4,500.00
Conductor $1,400.00
Orchestra Contractor Fee $0.00
Make-up/Hair Artist Fee $300.00
Costume Coordinator Fee $4,000.00
Student Assistant(Peer Lab) $1,000.00
Costume Assistant Fee $0.00
Set Designer Fee $1,000.00 Q
Projection Designer Fee $800.00
Lighting Designer Fee $1,000.00
Choreographer Fee(Sandy) $400.00
Guest Artist(Faith Jensen-Ismay) $1,000.00
Guest Artist(Kevin Blickfeldt) $1,000.00
Guest Artist(Anne Harley) $400.00
Guest Artist(Rachel Huang) $400.00
Guest Artist(Wen-ting Huang) $500.00
Guest Artist(Craig Shields) $350.00
Guest Artist(Michael Couper) $150.00
Guest Artists (Kathryn Maclellan) $800.00
Jess Issaac Design/Photos $400.00
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Supplies and Materials
Costumes $1,400.00
Props $300.00
Set and Set painter fee $1,000.00
Make-up/hair supplies $0.00
Printing
- Program 500 $0.50 $250.00
- Invitations 500 $0.265 $132.35
Mailing $0.00
Other
Receptions $1,000.00
Rental Scores/Royalties $900.00
Total Expenses $24,382.35 �
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CERTIFICATION:
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Project Officer; Title
Telephone No: `� S~ y�S Date
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S.Bf
ARTS GRANT RECIPIENT AGREEME NT BETWEEN
THE CITY OF SAN BERNARDINO AND
NORTON ACADEMY FOR VISUAL ART PROGRAMMING
This Recipient Agreement (the "Agreement") is entered into this day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the "City");
AND,
Norton 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").
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WITNESSETH :
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, y
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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 ii
Nape' Recipient("Project")to promote fine arts and culture; and, a;
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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,
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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: E
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1. SCOPE OF SERVICES. Q
For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to
perform those actions as set forth on Attachment "I," attached hereto and incorporated herein in
order to promote fine arts and culture within the City of San Bernardino. The Project shall be
budgeted in substantial conformity with the budget included in Attachment"I."
ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORTON ACADEMY
Page 1 of 8
Packet Pg. 181
S.B.m
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, o
without limitation, all costs incurred and revenues received by the Recipient for N
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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 �-
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and Records must be kept in the possession of the Recipient for at least three L
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 a
the City. d
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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 n
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
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Recipient; (ii) the premises of the Recipient where Project Books and Records are v
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 R
out; and(iv) all personnel of the Recipient.
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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 a
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
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5.B.m
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 c
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 S
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE. L
The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
on Project assets and comprehensive general liability insurance with financially sound and c
reputable insurance companies. The insurance coverage shall be consistent with that held by LL
similar entities engaged in comparable activities. 0)
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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, Cl)
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, 0
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.
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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
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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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager Norton Academy Y
300 N"D" Street, 6t" Floor 503 E. Central Ave.
San Bernardino, CA 92418 San Bernardino, CA 92354
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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. U-
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10. ATTORNEYS' FEES co
In the event that litigation is brought by any PARTY in connection with this Agreement, the 0)
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 E
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.
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11. ASSIGNMENT. Q
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
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5.B.m
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.
1.3. 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. c
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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.
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15. HEADINGS.
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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
provisions. LL
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16. SEVERABILITY. v
If any provision of this Agreement is determined by a court of competent jurisdiction to be
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invalid or unenforceable for any reason, such determination shall not affect the validity or v
enforceability of the remaining terms and provisions hereof or of the offending provision in any E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. r
17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and a
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
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5.B.m
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 c
such facsimile or".pdr' signature page were an original thereof.
20. AMENDMENT. 3
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES. 0
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21. CORPORATE AUTHORITY. _
Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are co
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the M
PARTIES hereto are formally bound to the provisions of this Agreement. Y
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state, and local laws,ordinances and regulations. R
23. FORCE MAJEURE.
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for r
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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 _
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25. CONSTRUCTION.
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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.
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27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES o
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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 N
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. U-
r. 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 M
provision the Project.
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[Signature pages follow]
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORTON ACADEMY
Page 7 of 8
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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
By:
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Dated 52016 CITY OF SAN BERNARDINO
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By: a
Mark Scott, City Manager
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APPROVED AS TO FORM: M
Gary D. Saenz, City Attorney Y
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORTON ACADEMY
Page 8 of 8
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ATTACHMENT l
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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 ( )
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Non-Profit I.D. No.
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WebsiteAddress (if available) http://www.tewiscenter.orG!/index.php
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Number of Years in Existence or in Teaching 7 a
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IL Contact Person Makeda Parker
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Title Fine Arts Teacher co
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Telephone No: ( ) Cell No: (909) 644-8188 E
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E-mail address: mparkerClcer.or d
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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 13,089
Packet Pg. 190
Total Organizational Budget for current fiscal year
(Not applicable to schools)
Percent of total Organization Budget Requested.
V. Project Description/Need Statement
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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 Accountabitity Card shows that
over 65%of our families are socially disadvantage and cannot afford to provide N
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 U-
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 a
by visual art judges. Ribbons are given to the top placers and all work is a
available for purchase through a silent auction fund raiser. This program
continues to support the artistic endeavors of those who don't have personal U-
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 M
included collages, oil pastels as well as mixed media and marker renderings. Ms. Y
Munoz, NSAA Art Teacher and professional visual artist, advocates that all co
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students have artistic talents and should be allowed to participate in the yearly le
event that hosts over 500 viewers. With funds from the San Bernardino FAC Grant E
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we will be able to purchase visual art materials to be utilized by all students,
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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 y
collaborations will occur by soliciting local business to place discount ads in our a
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 wilt insure that our students not only get
basic visual art instruction, yet also be able to practice, create and display their
work.
Packet Pg. 191
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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
_M classes/2 displays
d)Total attending classes/performances/displays/exhibits 2200+
VII. Intended Results:
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August 2016-June 2017 �
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K intier.of Peeforrriapses 36 classes/ 2 displays;Annual Art Show March 2016
classes;exhltilWetc
&t Annual Carnivat June 2016 .
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Antielpated,Maki munt . 2200+
audience, particlpants,etc. i a
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Vlll. 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 Y
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: Cl
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tl lsah:Y i,r�:lt•1}\�'5l�i�l•x1h,�S°`'t x,rjpq�Y+�:t`d r"{4t��rL'}S e}\ii�'..d,�n a� R4 rt+'.�;a�>Miiav'h.f1?T j l3l\pb':e�5yt§s;t+Elrhl�tn tiy4}t\Q\��.''�, x33 i Skg i a}Z t�1u a tFaij}r��lV.�t i�ru,k��.x1.'1.0. \k.�?r.�i l.,'i , M f
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\4 b7.�e.t`5h ga S's"ti y s aaM�i.tc no r c}t,
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Yesf�Y kl�rr��J14tbxY, ..
Salary/Wages For Instructor 8,800!. E
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supplies 8'Materlals Art supplies,materials : . :: ;: 1000
: ....:... ...... .:.: 00l?
to create gallery space, Q
student awards and 8
incentives,printing. 159$
Eq"ulpment {
Trave[
Renfahl abrl.�ses
....: .. :..
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Fees and Other l honorarium for guest ` .,::::.':':;:.:;t000: : ... .:;::SW
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artists and judges }
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'!total BncT et` flit ^'�
t15t 1t�rrE expences ��� Brief.Descrlptlan of , g r�er�+ ,����;Totat�mour{t� #�.'�
xC h i:V ti 9 ! A � F N*`P'Y.0 l i'>�'{' 4k� �• ` .`-d ti ' ya`�'
' ti ,N ` � QacCtinStt@ m+YSxifem#`1'fYtvSprOeCkgw4`�Eaet]u@�t�dfP�trRAfy .
TO"fALS OF
10,0001 i
EXPENSES„AND' I
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:
Y,Marne of funding�sourc ,` ; � a,�r. n�tri'taurrtf eti �It RPME YEW, r 1 u' �
a+.S:•�t�J ca*wnvi}..ic��'it 1! `1*_a�.'�kt1 xit t% .. r5l�r�s7�\, •�'u,k,ei? , �.'l ., s lP, ='
L W Center foC Edeat(onai Research`
::•. ..<.... •.,::....
NSAA hT4 Fund. afser '
` 500. =a
Moun .:.......::..
$9,3001 �+-
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IX. Future Objectives V-
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 LL
'R*,rr for the general student body. They have budgeted a small portion of their funds for
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the various projects including the NSAA Art Show. If FAC Grant funds are not allotted v
to the NSAA Visual Art Program we will not be able to purchase necessary materials Y
for the students. The curriculum will be modified, back to a year with inadequate Co
supplemental supplies and second hand materials for instruction. it
X. Provide a brief history/background of your organization/school project(s). (What you have Y
done before in this category of the arts. C
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For the past few years NSAA administration was able to portion funds and contract Y
professional artists to teach introductory art concepts to student as part of an a
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 took 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
Packet,Pg. 193
S.B.m
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IrCERTIFICATION:
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.
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LEWIS CENTER FOR EDUCATIONAL RES 1EARCH
SUPPLY REQUISITION FORM
Ordered By: claudia munoz SPO#:
Date Submitted: Date Needed:
Catalog Triarco Arts and crafts
Quantity Page# Description of Item Item# price total
1 Tempera 8 pump kit RA00701OK $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
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2 Crayola oil pastel class set RA039590K $34.50 $69.00 =
1 Prisma color class set RA00755DK $280.00 $280.00 c
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1 Heavy Duty Sharpener RA06521DK $146.95 $146.95 Y
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1 Learn to Draw kit RA13443DK $143.95 $143.95 ca
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1 mini canvas set RA09265DK $250.00 $250.00 t
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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 °K°,
1 Prisms color marker class set RA09065DK $365.00 $365.00
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20 Prismacolor sharpener RA15458DK $1.50 $30.00 00
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1 Art supply Cart RZ14055 $206.50 $206.50
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total 2,598.80
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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 a
to: Laura Hoffman, Purchasing Clerk. Thanks!
Supervisor's Signature
Account to be Charged:
Packet Pg.195
5.B.n
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Packet Pg. 196
5.B.n
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 day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the"City");
AND,
Norton Academy (the "Recipient") (individually CITY or RECIPIENT may be
referred to as a "PARTY" and collectively CITY and RECIPIENT may be referred to as N
the"PARTIES").
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WITNESSETH : LL
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, ,n
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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 U-
Recipient("Project") to promote fine arts and culture, and,
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WHEREAS, City and Recipient desire to memorialize the nature of the Project and desire to set J
forth their rights, duties, and liabilities in connection with the City's support of the Project; and,
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions E
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 a=i
contained herein,the PARTIES hereby agree as follows: s
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1. SCOPE OF SERVICES. a
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
NORTON ACADEMY
Page I of 8
Packet Pg. 197
5.B.n
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, N
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 2-
years after the date of last disbursement under this Agreement, or for such longer N
period, if any, required to resolve any claims or audits, or if required to do so by a
the City, c
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties co
permit, authorized representatives of the City, agents of the City, and any other v
third party authorized by the City, unrestricted access at all times to: (i) Project J
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 E
Project-related documentation is kept or Project activities are or have been carried
out; and (iv) all personnel of the Recipient.
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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 Q
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
Packet Pg.198
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 N
indemnity against the CITY, its elected officials, employees, agents or representatives, with c
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. LL
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5. INSURANCE.
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
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 E
similar entities engaged in comparable activities. CD
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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, y
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, a
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law. E
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7. INDEPENDENT CONTRACTOR. 2
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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
Packet Pg. 199
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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager Norton Academy
300 N "D" Street, 6`"Floor 503 E. Central Ave.
San Bernardino, CA 92418 San Bernardino, CA 92354 N
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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.
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10. ATTORNEYS' FEES M
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In the event that litigation is brought by any PARTY in connection with this Agreement, the 00
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 E
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 E
purposes of this paragraph.
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11. ASSIGNMENT. a
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
Packet Pg. 200
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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. o
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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.
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of Q
convenience only and shall not affect the construction or the interpretation of any of its =
provisions. ii
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16. SEVERABILITY. M
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If any provision of this Agreement is determined by a court of competent jurisdiction to be M
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 E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and Q
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
Packet'Pg.201
5.B.n
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 c
such facsimile or".pdf' signature page were an original thereof.
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20. AMENDMENT. _
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21, CORPORATE AUTHORITY.
Each person executing this Agreement an behalf of the PARTIES hereto warrant that they are Q,
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the v
PARTIES hereto are formally bound to the provisions of this Agreement.
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22. COMPLIANCE WITH LAW
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RECIPIENT agrees to abide by all federal, state,and local laws, ordinances and regulations.
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23. FORCE MAJEURE. E
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for w
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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
Packet Pg. 202
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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.
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27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES o
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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 2
discriminate against any employee or applicant for employment on the basis of religion and will N
not limit employment or give preference in employment to persons on the basis of religion. The a
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. U-
The Recipient will provide no religious instruction or counseling, conduct no religious worship
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or services, engage in no religious proselytizing, and exert no other religious influence in the
provision the Project.
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[Signature pages follow]
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORTON ACADEMY
Page 7 of 8
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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
By:
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Dated ,2016 CITY OF SAN BERNARDINO
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APPROVED AS TO FORM: M
Gary D. Saenz, City Attorney 7t.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
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Page 8 of 8
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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 ( }
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Non-Profit I.D. No.
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Website Address (if available)_http://www.tewiscgnter.oM/index.php L
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Number of Years in Existence or in Teaching 7
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Il. Contact Person Makeda Parker
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Title Fine Arts Teacher
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Telephone No: ( ) Cell No: (909) 644-8188
E-mail address: mparker@tcer.org E
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III. Program Category Under which Support is Requested:
Dance
1V. Period of Support
Requested: From
August 08, 2016 Through June 9. 2097
Starting Ending
Amount of Grant Requested $3,736.50.
Packet,Pg.206
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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+
VIE. Intended Results:
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'arget Group Econom�oally Challenged
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Time Frame August 2016- June 2017
36"ttass es/.5 erformances. .:: : :' :.` L
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Number of Performances
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classes,exhibits
'etc.
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Anticipated maximum . 2200+
audience, participaints,
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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:
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,x e».wit e1 R,,y1 MvF"" '� n�'� Y l;�'4?A' +��fi1nY $ a'*y`s`'lv:+ �R .a'u� '.JE 5xs&..ya3:.r k.'•a•. rr.xza; f9
List Item expences
re,DMet$kij of , ' tut Bird et Lnb Total amount Y s ! 4
'`{ R U 6d" from FAC
` each line e
Item A iteffi for taus Irolect
Salary7Wages For Instructors 10,640
Supplies&MateriaC6 Dragon Dance Costume 1336.50 173
: 650
Talent show supplies , 400.:
and Awards:
Equlpment::
vet:
Tire
Rentals or Leases ! NSAA Talent Show 1000
Venue
Fees and Other .. honorarium-for guest ::. 2000. 2000
dance companies :.
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° ',iIS �o. each line Stem:' =><r, nOr tips Frnaec� 4.,,RsUested STOftrA+t `::`,
..'...,t.:., -•}.r'.;x.:..._ .,". ......+r-.;,:,::;. ._ :' .:.:';f.1:.
TOTALS OiF` 14640 . 3736.50
EXPENSES„AND'
AMOUNT':
REQU ESTED
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
i sales, other sales, contributions, fundraisers, etc. Sample:
..�� },r t'.rn F�,:t�4 �3 M�a�`..�r`�'�i z�: ''�"�z.�"e�x 3za � s F* Y.a Y _n �.2fJ.'�'n a4 .•r-s,y 1:. e� rf _ �^1+.s x, : �a i7 1 >.Y
3 k+-ht ,: hd.'""'.:: Yt r a V.-?"rL;.;A Y 4k.;i, I t" frr`. ,e;.:i S Y a r ti+,{�t,''::f{>l i :.,E .:'�tY .a..,..*a:., x-d• �'e�'�E3�°. :,,. ?3 , u• r'R r
C:ew1 Cstiter for Educal�bnl Research: : 10,640
1000
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Totei Amount ::::;.s:;.:::::.:.:, : ::::,;. ;;;:::; ;: :::; .�.:: 11640 �
. .... ........ ..
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IX. Future Objectives Q
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NSAA Dance program has found great support from volunteer parents as well as the C
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 Co
funds for the various projects including the NSAA Talent Show. If FAC Grant funds are _J
not allotted NSAA Dance program we will not be able to invite guest dance groups or
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purchase costumes for student use. The curriculum will be modified, back to a year
with out professional dance participation and shabby costumes for performances. C
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X. Provide a brief history/background of your organization/school project (s). (What you have 0
done before in this category of the arts.
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For the past few years NSAA administration was able to portion funds and contract a
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 welt 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
Capplication. N/A
Packet Pg. 208
OLD JADE DBA
3749 Brookoak Street 14\t pit a:1t). 20160205001
Riverside,CA 92501 i).\'1'L; February 5,2016
323-515-4800 t a'SI"O\Il.lt Il> JESSIC 14SIEH
EXPIRATION DATE 02/29/2016
{' Jessica Hsieh
Norton Space And Aeronautics Academy
951-288-2807
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SALESPERSON JOB
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ITEM FSCRIPTION UNIT.PRICE:'^ DISCOLTN'r :'}:'.LiN$TOTAL:'
{ 1 DRAGON#5 Chinese Dragon Performance Props(RED) i 780.00! i; 7_.._..._:_ } N
_ ..._ 80
1 ;CART#5-6 :Wooden Dragon Cart 150.00 i r 150.00$
30 'FAN002L Chinese Dancing Fans(Color)Left 4.201 1 126.00 LL
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4.20 i 12600
30 :FAN008 Chinese KungFu Fans(Black) I
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DR0012 ;ChineseDancingRibbons(RED) 4.60 138.00
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Quotation prepared by: SUBTOTAL,f 1,485.00
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This is a quotation on the goods named,subject to the conditions noted below:
SALES TAX
origin:Imported from CHINA TOTAL' $ '
To accept this quotation,sign here and return:
THANK YOU FOR YOUR BUSINESS!
Packet Pg. 209
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I
ARTS GRANT RECIPIENT AGREEM ENT BETWEEN
THE CITY OF SAN BERNARDINO AND
SINFONIA MEXICANA MARIACHI YOUTH ACADEMY FOR MUSIC
PROGRAMMING
This Recipient Agreement (the "Agreement") is entered into this _day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the Iaws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the"City");
I AND,
Sinfonia Mexicana Mariachi Youth Academy (the "Recipient") (individually N
CITY or RECIPIENT may be referred to as a "PARTY" and collectively CITY and
RECIPIENT may be referred to as the"PARTIES").
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San y
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, a
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WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the ii
proposal by the Recipient and recommends the City support the art related program proposed by CD
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
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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 E ai
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 E
contained herein,the PARTIES hereby agree as follows:
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1. SCOPE OF SERVICES.
For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to
sperform those actions as set forth on Attachment"I," attached hereto and incorporated herein in
order to promote fine arts and culture within the City of San Bernardino. The Project shall be
budgeted in substantial conformity with the budget included in Attachment"I."
ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SINFONIA MEXICANA MARIACHI YOUTH ACADEMY
Page I of 8
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I2. 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, N
without limitation, all costs incurred and revenues received by the Recipient for a,
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 N
period, if any, required to resolve any claims or audits, or if required to do so by
the City.
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties rn
permit, authorized representatives of the City, agents of the City, and any other co
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 v
kept or Project activities are or have been carried out; (iii) other sites where E
Project-related documentation is kept or Project activities are or have been carried M
out; and(iv) all personnel of the Recipient. r
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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$
Packet Pg.212
5.B.o
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 o
indemnity against the CITY, its elected officials, employees, agents or representatives, with N,
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.
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5. INSURANCE.
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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 c
reputable insurance companies. The insurance coverage shall be consistent with that held by
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,
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
discrimination in employment of persons because of their race, religion, color, national origin, 0
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. w
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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
Packet Pg. 213
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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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager Sinfonia Mexicana Mariachi Youth
Academy 1°
300 N"D" Street, 6"' Floor 562 W. 4th Street N
San Bernardino, CA 92418 San Bernardino, CA 92401
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Either PARTY may change the address for delivery of notices by sending notice of the change to ii.
the other PARTY in conformity with this Section. CD
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10. ATTORNEYS' FEES
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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, E
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 E
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph. c°
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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
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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. N
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.
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15. HEADINGS. 1°
The subject headings of the sections of this Agreement are included for the purposes of a
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 v
enforceability of the remaining terms and provisions hereof or of the offending provision in any E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and Q
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
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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 MEX1CANA MARIACHI YOUTH ACADEMY
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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 o
such facsimile or".pdf' signature page were an original thereof.
_
20. AMENDMENT. _
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY. _
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are
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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.
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22. COMPLIANCE WITH LAW v
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
23. FORCE MAJEURE. E
{ A PARTY shall not be liable for any failure or delay in the performance of this Agreement for 2
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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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ARTS GRANT RECI.PIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SINFONIA MEXICANA MARIACHI YOUTH ACADEMY
Page 6 of 8
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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 N
The Recipient agrees that it will not perform or permit any religious proselytizing or political ='a
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 N
not limit employment or give preference in employment to persons on the basis of religion. The Q
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. u-
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.
CD
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
SINFONIA MEXICANA MARIACHI YOUTH ACADEMY
Page 7 of 8
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ATTACHMENT 1 I
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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 Li
Symphony from 1985—.2001.
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il. Contact Person Anthony Bocanegra
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Title Executive Director 00
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Telephone No: (909) 884-3228 Cell No: (909) 557-0305
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E-mail address: Anthony @sinfoniamexicana.com
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III. Program Category Under which Support is Requested:
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Music a
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 $634000
E (Not applicable to schools)
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} Percent of total Organization Budget Requested. 39%
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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.
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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. r
Consistently, over 75% of the students are from low-income families, qualify for free
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lunch at their schools, while many are considered academically at-risk. Given their N
socioeconomic backgrounds, students lack access to the benefits of a musical arts a
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
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between a music education and academic performance, and the Academy program
provides this music education opportunity.
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Oscar Tostado, Director, a cofounder of the Academy, has led the program since its r
inception. Dr.Jeff Nevin, professor of mariachi at Southwest College in Chula Vista, is a a�
cofounding director. Maria Saenz,the Assistant Director, communicates directly with the
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parents. Oscar Gonzales and Juanita Bigelow are charged with all record keeping.
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The instructors are highly qualified and experienced musicians and mariachi performers. y
chi Vargas for 26 years,and is the guitar and
Mr. Rafael Palomar, performed with Maria Q
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.
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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
'r. store,tortilla factories, and the San Bernardino Medical Group Pharmacy.
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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 Group(s) Students—ages 8-20 N
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 Q
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participants, etc. audience- 7,000.
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Vill. 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
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 m
Fees and other Historical recordings, $12,000 $5,000 °
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insurance, professional
fees,administrative office
$62,150 $24,000 LL
TOTAL EXPENSES AND r
AMOUNT REQUESTED
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What are other sources of funding for this project? Grants,Contributions, Revenue (such as ticket sales,etc.) i�
Name of funding source Amount committed to this project
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Revenue/Student fees $12,000
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Performance Income $4,000
Contributions/Grants $20,150 E
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$2,000
Fundraisers/Student Sponsors
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TOTAL AMOUNT $38,150
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X. Provide a brief history/background of your organization/school project (s). (What you have
C) 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. o
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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 LL
expectations for all students. Since the founding of the Academy,there is very little turnover a
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. a
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Students have or are attending CSU San Bernardino, UC Riverside, UCLA, CSU San Luis Obispo, LL
University of Notre Dame, and others. Additionally, former students who are now in college or cL
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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, r
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, °
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language, and culture in the audience.
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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.
CERTIFICATION:
Project Officer: Title �2.
Telephone No: Cl C��?— � Date
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ARTS G
€ RANT 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_ day of , 2016,
BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California,with an address of 300 N. "D" Street, San Bernardino, California(the"City");
AND,
LJR Intellect Academy of the Arts (the "Recipient") (individually CITY or N
RECIPIENT may be referred to as a "PARTY" and collectively CITY and RECIPIENT �
may be referred to as the"PARTIES"). =a
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WITNESSETH :
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WHEREAS, the City collects Cultural Development Construction Fees pursuant to San
Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, Q
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WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the U-
., proposal by the Recipient and recommends the City support the art related program proposed by c)
Recipient("Project") to promote fine arts and culture; and, v
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,
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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 E
contained herein,the PARTIES hereby agree as follows:
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I. 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
ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR
INTELLECT ACADEMY OF THE ARTS
Page i of 8
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5.
2. COMPENSATION AND EXPENSES.
2.1 Compensation. RECIPIENT shall be paid the grant amount of$10000, subject to
availability of the fiends. No other amounts, except those expressly provided for in
this Agreement, shall be paid by CITY.
i 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, o
without limitation, all costs incurred and revenues received by the Recipient for a,
the Project and the overall progress toward completion of the Project ("Project E
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 2
years after the date of last disbursement under this Agreement, or for such longer N
period, if any, required to resolve any claims or audits, or if required to do so by Q
the City.
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2.4 Access. The Recipient shall permit, and shall ensure that all third parties c,
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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 Z
Books and Records and any other documentation related to the Project held by the 0)
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 E
Project-related documentation is kept or Project activities are or have been carried
out; and (iv) all personnel of the Recipient.
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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 w
reports on the progress of the Project periodically thereafter at least once every Q
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
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4. INDEMNITY.
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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 N
indemnity against the CITY, its elected officials, employees, agents or representatives, with a�
respect to third party claims against the RECIPIENT relating to or in any way connected with the
accomplishment of the work or perfonnance of services under this Agreement.
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5. INSURANCE.
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance a
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 LL
similar entities engaged in comparable activities. 0)
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b. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees, v
RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, E
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. d
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7. INDEPENDENT CONTRACTOR.
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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 S
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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.
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TO THE CITY: TO THE RECIPIENT:
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Office of the City Manager LJR Intellect Academy of the Arts w
300 N "D" Street, 6th Floor P.O. Box 90421
San Bernardino, CA 92418 San Bernardino, CA 92427
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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. U.
10. ATTORNEYS' FEES 00
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In the event that litigation is brought by any PARTY in connection with this Agreement, the co
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 E
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.
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11. ASSIGNMENT. a
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
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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. c
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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.
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15. HEADINGS. c
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The subject headings of the sections of this Agreement are included for the purposes of Q
convenience only and shall not affect the construction or the interpretation of any of its =
provisions. ;l
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16. SEVERABILITY. v
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If any provision of this Agreement is determined by a court of competent jurisdiction to be a)
invalid or unenforceable for any reason, such determination shall not affect the validity or v
enforceability of the remaining terms and provisions hereof or of the offending provision in any E
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and Q
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
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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 to
such facsimile or".pdt' signature page were an original thereof. N
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20. AMENDMENT.
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY. a
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\..►" Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are
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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.
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22. COMPLIANCE WITH LAW 00
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RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this Agreement for o
the period that such failure or delay is due to causes beyond its reasonable control, including but a
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
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or Attachments,the terms set forth in this Agreement shall prevail.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR
f INTELLECT ACADEMY OF THE ARTS
Page 6 of 8
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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 o
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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
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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 y
not limit employment or give preference in employment to persons on the basis of religion. The a
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. U-
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.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LJR
INTELLECT ACADEMY OF THE ARTS
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ATTACHMENT 1
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VISUAL AND PERFORMING ARTS ---GRANT APPLICATION FORM
City of San Bernardino—Fine Arts Commission
k 1. .Applicant/Organization
Name of Organization:UR Intellect Academy of the Arts
Physical Address: 1407 N. Arrowhead Avenue,San Bernardino CA 92-405
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
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II. Contact Person: L nnzora Rogers =
Title: Executive Director
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Telephone No: (909)770-4825 Cell No: (909) 770-4825
E-mail address: Lynnzora @hotmail.com _
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Ill. Program Category Under which Support is Requested: Z
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Dance,Theatre, Film, and Literary Arts
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IV. Period of Support Requested:
From June 15, 2016 Through May 29, 2017 c
Starting Ending E
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Amount of Grant Requested $10,000 Q
Total Organizational Budget for current fiscal year $60,000
(Not applicable to schools)
Percent of total Organization Budget Requested. 15%
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V. Proiect Description/Need Statement
LUR Intellect Academy of the Arts(also known as UR Arts Academy) is anon-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 o
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, a
an produce short films that allow San Bernardino residents to creatively tell their stories. We will be
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partnering with the following organizations:
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• $ n mardino'Parks&Recrea. on-This is the biggest change/collaboration vt�e'1!be adding this year.` L
arks&Recreation expressed a'.serious need for organized programing for the,;low-incor*§an
Bernart�mo residents that frequenttfieirvar�os centers(Delmann Heights, I.ytlelCreeic,luier ; u
iampos,and the Hernandez Center).'They a're fam�lrar with',UR arts programing and expressed that
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they`d 4 Y04or us to helOuild a citywide arts progratrl�#their centers. This means competing dance v
ltearris,dance instruction,theatfe,..j m, etc. Since UR is constantly looking to mentor as many;at q z
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yguth as possible through it's arsprogrrrl�ng,it on�yadQ sens+r to partner with Parks&
q6--. t as;th"r.eady hove tie participants.Through ih:s partnership we'll be tripling the;amc n
of San ernardirlo resideri_Mp ieiiLtitipugh our programs: �,
• The City of San Bernardino(IEMG TV Station):We plan on putting our student's inspirational films on
local television. d
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• 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, G
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.
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• 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
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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
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program)we started producing short inspirational films that allow San Bernardino residents to creatively tell
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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 L
experienced poverty, or something traumatic and expressing themselves through the arts has been very
therapeutic for participants. U_
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San Bernardino has a strong need to rehabilitate, heal,and offer residents the resources needed to be M
successful. High school dropouts, and crime are growing in our city. Our program participants(youth and Z
families) have been witnesses and victims of tragic events. Some are involved in gangs. The more we co
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
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adult programs. This year is pretty exciting because we'll be serving all ages!
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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:
Ta_get GCOUp�s) Children,ages 5-12 High School Students dolts/Seniors
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Number of 8 Classes 48 Classes 12 classes
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exhibits 2 performances 2 performances 1 performance c
Anticipated maximum Participants:60 Participants:30 300
audience;
w udience:500 Audience:500
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Vlll. Protect Budget
What are the project expenses,and how much is requested from the Fine Arts Commission (FAQ?
Line Item Expenses Brief Description of each Total Budget per line-item Total amount requested
line item for this project from FAC
Independent Contractors(Arts For personnel working on this $37,000 $6,000
Instructors,program/event project.
t overage,etc)
Insurance (Liability) Needed in order to legally run $1,275 $1,000
he prouarn.
Program Equipment Needed to meet the goals of $6,325
he project__...
Program Supplies Items Needed to adequately 400
meet the goals of the roi ct
Facility Rental and Utilities Payment for use of location foi$12,000 N
lasses,performances,exhibit
Marketing/Promotions Program promotion to insure $3,000 3,000 c
we're serving the max#of Ui
participants. C
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60,000 $10,000
TOTAL EXPENSES AND
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What are other sources of funding for this project? Grants,Contributions, Revenue(such as ticket sales,etc.) 7t
Name of funding source Amount committed to this project z
Board of Directors $1,000 °M°
Southern California Edison $5,000 E
ellsFargo $1,500
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D BG $15,000
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In-Kind Donations/Trades(Facility Rental, utilities, 16,000
professional.services,etc
TOTALAMOUNT $38,500
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IX. Future Objectives
Ot her funding for i s project will come fr
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$3,5,000-$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.
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• In-kind Donations:Every year we've been successful in obtaining free equipment, C°,
supplies,and facility use that has helped us in carrying out various events,classes,and c
programs. In-kind donations don't cover all needs but have been very instrumental in c
helping us get through projects/programs, especially when resources were limited. Y
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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 a
classes and as a result we would end up serving less people. _
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Our long-term goals overall is to continue to use the arts as a tool to continue to uplift/enrich M
the community, celebrate diversity,and to keep youth out of trouble through our arts
programming_ Z
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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/lirartsacademy/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 o
of standing up for what's right.
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https://vimeo.com/ijrartsaGademy/dosomething
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"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. L
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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 co
with our work and effectiveness,we have now expanded our operations to various parts of the city of 7i,
San Bernardino(in both community centers and schools). Z
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A couple of years ago we did Operation Uplift San Bernardino: Flashmob Style, which was supported
by Southern California Edison and The lames Irvine Foundation. See the link below:
https://vimeo.corn/iirartsacademy/f lash mob E
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During this program we not only offered classes to at-risk, underprivileged, and low-income youth Q
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.
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Xl. Attach a copy of year test fistsl 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 N
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