HomeMy WebLinkAbout05.C- City Clerk 5.0
DOC ID: 4629 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Civic and Promotion Funding
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 09/06/2016
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 a Fine Arts Commission Grant Recipient Agreement with Micah
Escamilla for Faces of San Bernardino Project (#4629)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolution.
Background:
The Fine Arts Commission has agreed via consensus to support the Faces of San
Bernardino window photos project by Sun Photographer Micah Escamilla.
On July 12, the Fine Arts Commission voted to proceed with this project, which involves
printing and posting six large (36" x 33" and 36" x 29") environmental portraits of San
Bernardino residents, taken by Ms. Escamilla and mounted on area windows.
Since then, FAC members Dorothy Garcia and Michael Segura, along with members of
the San Bernardino Sunset Rotary Club and the InterAct members from San Gorgonio
High School spent several hours cleaning and scraping windows in empty businesses
on E street, in preparation for the Escamilla show.
The photos will be posted on E street, between Fourth and Second streets. The funds
requested for this project are: $1,187.13; $487.13 to cover the costs of the prints and
$700 for a stipend for Ms. Escamilla.
The funds for this project are available in the Cultural Impact Development Fees fund
budget approved for 2016-17.
Supporting Documents:
FAC Escamilla Grant_ Reso (DOC)
agrmt 4629 (PDF)
FAC Escamilla Grant_Att1 (PDF)
FY 2016 Budget Report (PDF)
Updated: 8/30/2016 by Georgeann "Gigi" Hanna A Packet Pg. 61
5.C.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FINE ARTS COMMISSION
3 GRANT RECIPIENT AGREEMENT WITH MICAH ESCAMILLA FOR THE FACES
4 OF SAN BERNARDINO PROJECT
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY o
OF SAN BERNARDINO AS FOLLOWS: o
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7 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized M
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8 to execute an Arts Grant Recipient Agreement between the City of San Bernardino and Micah m
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Escamilla attached hereto as Exhibit "A" and incorporated by reference herein as if fully set o
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12 SECTION 2. That the above authorization is rescinded and be deemed void and of no c
13 further effect if the agreement is not returned fully executed by both parties to the Office of the LL
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14 City Clerk within sixty(60) days from the passage of this resolution. Q
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Packet;Pg. 62
5.C.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FINE ARTS COMMISSION
2 GRANT RECIPIENT AGREEMENT WITH MICAH ESCAMILLA FOR THE FACES
3 OF SAN BERNARDINO PROJECT
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a meeting thereof, held on the a
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day of , 2016,by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT m
9 MARQUEZ N
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10 BARRIOS
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11 VALDIVIA 0
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SHORETT =
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14 NICKEL Y
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I 15 RICHARD
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MULVIHILL to
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2016.
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22 R. Carey Davis, Mayor w
City of San Bernardino a
23 Approved as to form: ``
Gary D. Saenz, City Attorney a
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25 By: r
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Packet Pg. 63
ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
MICAH ESCAMILLA FOR FACES OF SAN BERNARDINO ART PROJECT
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, o
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Micah Escamilla(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 : M
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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 0
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,
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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, a�
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WHEREAS, no official or employee of the CITY has a financial interest, within the provisions CD
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:
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1. SCOPE OF SERVICES.
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For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to E
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 a
budgeted in substantial conformity with the budget included in Attachment "l."
ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDI.NO AND MICAH ESCAMILLA
Page I of 8
Packet Pg. 64
5.C.b
2. COMPENSATION AND EXPENSES.
2.1 Compensation. RECIPIENT shall be paid the grant amount of $1187.13,
consisting of payment for the items listed on Attachment "1" in the amount of
$487.13 and a $700.00 stipend, 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, o
2017, then any unexpended Grant amount paid to Recipient shall be immediately a.
returned to the CITY. _
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3.3 Records and Audits. The Recipient shall maintain accounting books, records,
documents and other evidence relating to this Agreement, adequate to show, m
without limitation, all costs incurred and revenues received by the Recipient for
the Project and the overall progress toward completion of the Project ("Project o
Books and Records"). The Recipient shall maintain Program Books and Records
in accordance with the generally accepted accounting standards. Program Books m
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
the City.
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3.4 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
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 e;
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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3.5 Reports. The Recipient shall provide to the City, not later than February 1,2017, a
written report on the progress of the Project. The Recipient shall submit written
reports on the progress of the Project periodically thereafter at least once every E
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 a
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.
ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND MICAH ESCAMILLA
Page 2 of 8
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5.C.b
This Agreement may be terminated at any time upon thirty (30) days written notice by either
PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing.
The duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
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 d
subcontractors, relating to or in any way connected with the accomplishment of the work or o
performance of services under this Agreement, unless the bodily injury or property damage was a.
actually caused by the sole negligence of the CITY, its elected officials, employees, agents or c°
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 d
representatives from any and all legal actions based upon such actual or alleged acts or m
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 o
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. w
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The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance 3
on Project assets and comprehensive general liability insurance with financially sound and U_
reputable insurance companies. The insurance coverage shall be consistent with that held by a
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, 5'5
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, Z
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. E
RECIPIENT shall perform work tasks provided by this Agreement, but for all intents and a
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 MICAH ESCAMILLA
Page 3 of 8
Packet Pg.66
` 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 o
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. a.
Mail as reflected by the official U.S. postmark.
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TO THE CITY: TO THE RECIPIENT: m
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Office of the City Manager Micah Escamilla —
300 N"D" Street, 61h Floor 3067 N'Mt. Ave �+
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San Bernardino, CA 92418 San Bernardino, CA 92405 cc
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Either PARTY may change the address for delivery of notices by sending notice of the change to c,
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, iE
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its N
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 to
purposes of this paragraph. w
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11. ASSIGNMENT. 10
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RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all E
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 a
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 MICAH ESCAMILLA
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5.C.b
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 c
without giving effect to that body of laws pertaining to conflict of laws. a
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14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement m
and their respective heirs, representatives, successors, and assigns. cn
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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.
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If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or U-
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
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. E
The delay or failure of either PARTY to require performance or compliance of the other of any a
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 MICAH ESCAMILLA
Page 5 of 8
Packet Pg. 68
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 o
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' a
format data file, such signature shall create a valid and binding obligation of the PARTY c
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf' signature page were an original thereof L
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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 UL
PARTIES hereto are formally bound to the provisions of this Agreement. Q
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22. COMPLIANCE WITH LAW U_
RECIPIENT agrees to abide by all federal, state, and local laws,ordinances and regulations.
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 as
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. E
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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 MICAH ESCAMILLA
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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 o
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incorporated herein. a
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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 m
activities in connection with the performance of this Agreement. Funds under this Agreement in
will be used exclusively for performance of the services required under this Agreement and no 0
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 �i
not limit employment or give preference in employment to persons on the basis of religion. The `o
Recipient will not discriminate against any person applying for the Project on the basis of
religion and will not limit such services or give preference to persons on the basis of religion.
The Recipient will provide no religious instruction or counseling, conduct no religious worship
or services, engage in no religious proselytizing, and exert no other religious influence in the
provision the Project.
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND MICAH ESCAMILLA
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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: Micah Escarnilla
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By: E
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Dated , 2016 CITY OF SAN BERNARDINO o
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By. o
Mark Scott,City Manager w
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APPROVED AS TO FORM: U_
Gary D. Saenz, City Attorney a
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ARTS GRANT RECIPIENT AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND MICAH ESCAMILLA
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Packet;Pg.71
Attachment " I "
Xgraphix LLC
236 W. Orange Show Rd, Suite 110, , San
3ernardino, CA, 92408
Primary Email: sales @xgraphix.net
Primary Phone: (909)799-7000 Age
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Quote 3003 SALES REP INFO QUOTE DATE Il
07/12/2016 p
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Faces of San Bernardino window prints (Inside mount QUOTE EXPIRY DATE
\ � 08/11/2016 R
TERMS y
Net 15 m
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PAYMENT METHOD M
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ORDERED BY SHIPPING ADDRESS CONTACT INFO O
Micah Escamilla Micah Escamilla Micah Escamilla (D
micahescamilla @gmail.com
ABOUT THIS QUOTE U.
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Faces of San Bernardino window prints(inside mount) o
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m'} QTY UOM UNIT PRICE TOTAL(EXCL.TAX) p
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1 Pano Film Full Color Print 4.0 Each $75.00 $300.00 LL
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36"h x 33"w Full color print on Pano Film with optically clear
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tape on edges for mounting inside window for"Faces of San (D
Bernardino" S
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Height: 36 Inches N
Width: 33 Inches
Media-Calendered:M_Pano Film(Inside Glass Perf)
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2 Pano Film Full Color Print 2.0 Each $75.00 $150.00
36"h x 29"w Full color print on Pano Film with optically clear 0
tape on edges for mounting inside window for"Faces of San 2
Bernardino"
Height: 36 Inches U)
Width:29 Inches
Media-Calendered:M_Pano Film (Inside Glass Perf) Q
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Unless otherwise staled in this quote,upon placing the order,payment in full is required on all orders under$300 or a 50%
deposit is required on all orders over$300 with the balance to be paid upon completion of the product. Deposits are non Subtotal: $450.00
refundable.
Sales Tax(8.25%): $37.13
Quotes are valid for 30 days.
Total: $487.13
SIGNATURE: DATE:
PRINTED ON 2016-07-12 14:29:55-0700 BY KC CREATED BY KC Packet Pg.72
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