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HomeMy WebLinkAboutCouncil Memo Item 8 and 22City Council Memorandum Date: __________, 2016 Date: June 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Gigi Hanna, City Clerk Subject: Amendments to Agenda Item 8: Approval of Draft Council Minutes for May 15, 2017 and Item 22: Fine Arts Grant Funding It has come to staff’s attention to address edits to the draft City Council Minutes of May 15, 2017 and replace the attachments for Item 22 regarding Fine Arts Grant Funding. The following corrections have been made to the approved Motions for Items 11 and 17 on the Minutes for the May 15, 2017 City Council Meeting and the replacement pages (packet pages 123 and 126) are attached to this memorandum: Packet page 123, Item 11 has been amended as follows: 11. San Bernardino County Code Related to the Abatement of Fire Hazards and Hazardous Trees with Local Amendments (Chapter 3 of Division 3 of Title 2 of San Bernardino County Code) – Final Reading and Adoption Approved Motion: Adopt the Ordinance. MCC-1445 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting by reference Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code related to the abatement of fire hazards and hazardous trees with local amendments. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Packet page 126, Item 17 has been amended as follows: 17. Amendment of the CalPERS Contract to Establish a New Retirement Benefit Formula for Police Safety – Final Reading and Adoption Approved Motion: Adopt the Ordinance. MCC-14456 Ordinance of the Mayor and City Council of the City of San Bernardino, California, authorizing an Amendment to the Contract between the Mayor and City Council of the City of San Bernardino, California, and the Board of Administration of the California Public Employees’ Retirement System.. making determinations and confirming assessments and proceedings for unpaid solid waste collection services. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Also attached is a replacement Staff Report for Item 22, Fine Arts Grant Funding, to update the recipient list, Attachment 1 to the Staff Report (Resolution), and Exhibits A and B to the Resolution. Please feel free to contact City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief Deputy City Clerk John Paul Maier (maier_jo@sbcity.org) should you have any questions. Staff Report City of San Bernardino Request for Council Action Date: June 7, 2017 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Fine Arts Grant Funding Recommendations for FY 2017-18 Recommendation Allocate $200,000 from the Cultural Development Construction Fee Fund (247 -090- 0053) to provide grant funds to fine arts and educational organizations in the amounts recommended by the Fine Arts Commission (FAC) for FY 2017-18. Background The City’s Fine Arts Commission stopped meeting in 2012, as the City declared fiscal emergency and staffing for the commission became onerous. The Commission had traditionally been staffed by a member of the Mayor’s staff , but cuts to that budget made it untenable. In November 2014, the City Clerk agreed to provide staff services to the Commission and the Mayor and City Council members were asked to appoint members of the commission. The commission asked to update its duties to reflect a broader definiti on of arts and to clarify the commission’s role. On November 17, 2014 the MCC approved MC -1408, amending the charge of the Fine Arts Commission. The ordinance stated that the Fine Arts Commission shall: A. Make recommendations to the Mayor and Common Council for the development and promotion of the visual and performing arts in San Bernardino; B. Work with public and private cultural organizations to promote the efficient utilization of community art resources and to enlarge the opportunities for the diverse City population to participate in and enjoy culturally rewarding experiences; C. Develop a master plan for fine arts objectives and development in San Bernardino; D. Review the financial needs of fine arts organizations in San Bernardino and recommend specific grants within the City budget allocation for approval by the Mayor and Common Council to achieve overall cultural objectives; and E. Promote other art related activities as resources are available.” Once the commission was reestablished, it set out to work on several objectives, including a grants program for local arts organizations. Revitalization of the grants program was deemed necessary to support city-wide art and cultural programs of benefit and interest to a broad segment of the city’s population. With Mayor and City Council approval, and funding coming from the Cultural Development Construction Fee Fund (247-090-0053), The Mayor’s FY 2015/16 budget included $184,749 for Fine Arts grants; the 2016-2017 budget for Fine Arts grants was $198,212. The funds offered a bright spot of hope in a city with few funding options to provide quality cultural performances and instruction opportunities to residents. The Fine Arts Commission set the criteria for grant funding. Funding consideration was only given for a one-year period. To qualify, applicants had to be: Non -profit status 501- c-3; or arts classes or public school programs within the city of San Bernardino. Grant requests had to relate to one of the following categories to be eligible for funding:  Music  Dance  Visual Art  Theater  Literary Arts Arts organizations were informed of the availability of grants through email blasts and phone calls, as well as announcements at the Mayor and City Council meeting s. Established arts organizations are aware of the grants and keep in contact with the City Clerk’s Office about the process throughout the year. In 2017, additional requirements were added: Applicants were asked to partner with a local business for promotional or other collaborative purposes, and a majority of the Board of Directors either residents or employed in the City of San Bernardino or by public schools within the City. Recipients are also required to submit a year-end report of the activity that was funded, as well as inform the FAC of any grant-funded performances so that they may attend. They also must credit funding from the FAC in press releases about their grant-funded performance or activity. Discussion Based on the two years’ previous funding levels, The Fine Arts Com mission, chose to recommend $200,000 in funding. The deadline for submission for grant requests for FY 2017-18 was February 15, 2017. Twenty-five organizations submitted applications, requesting a total of $468,567. Copies of the applications were sent to FAC members for review prior to its agendized special meeting Saturday, March 5, 2016, at which time the commissioners interviewed each of the applicants. Commissioners reviewed interview notes and application packages and made the final decisions on grant allocations at the Commission’s next regular meeting, on March 14, 2017. Three applications were disqualified for not meeting the requirements stated in the grant requests, such as local board members, an attached f inancial report and letters of support. The other applicants were advised that the FAC was unlikely to fund the full amount requested. The following is the recommendation of the Fine Arts Commission for 2017-18 Fine Arts Grant Funding: Qualified Requesting Organization Funding Request FAC-Recommended Funding Untapped Hip Hop $10,000 $3,000 Cajon High School $4,500 $4,000 St. John’s Community Success Center $9,000 $5,000 LJR Intellect Academy of the Arts $15,000 $5,000 Symphonie Jeunesse $10,000 $10,000 Operation New Hope $22,575 $10,000 Junior University $14,500 $10,000 CSUSB Opera Theater $12,507 $10,000 Parks, Recreation and Community Services Dept $58,350 $10,000 Sinfonia Mexicana Mariachi Youth Academy $31,000 $10,000 United Nations of Consciousness $20,000 $10,000 Woodward Leadership Academy $10,000 $5,000 Bing Wong Elementary School $30,000 $10,000 SB County Arts Connection $14,275 $10,000 San Bernardino Valley Concert Assn. $13,120 $13,000 KVCR Educational Foundation $15,900 $15,000 Teen Music Workshop/Richardson Prep HS $26,000 $20,000 San Bernardino Symphony $49,500 $25,000 San Bernardino Valley College Foundation $45,000 $25,000 TOTAL $411,227 $200,000 Fiscal Impact The Fine Arts grant funds are taken from Cultural Development Construction Fee Fund (247-090-0053). The current cash balance of the Fund (as of 5/24/2017) is $3.5 million. Conclusion Arts feed the soul, and arts funding, much more. In a city starving for hope of a brighter future, the FAC grants support local fine arts and artists and cultural experiences that allow the residents of San Bernardino to glimpse what is possible with cooperation, collaboration and community and city support. The recipients recommended for support in 2017-18 represent a diverse range of artists, teachers, and performers. Together, they are building community. Attachments Attachment 1 – Resolution Attachment 2 – Abstract of recommended programs for Funding 2017-18 Attachment 3– FY2017-18 FAC Grant application Attachment 4 – MC-1408 Recommendation: Adopt a resolution authorizing executing agreements with 19 Fine Arts Commission Grant Recipients for FY 2017-18 from the Cultural Development Construction Fee Fund (247-090-0053). 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING FINE ARTS GRANTS TO NINETEEN RECIPIENTS IN A TOTAL AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000) WHEREAS, the City collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposals by all of the applicants for grants and recommends the City support the programs proposed to promote fine arts and culture by recipients in the amounts stated in Exhibit “A” attached hereto and incorporated herein. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The grants for the programs described and in the amounts as set forth in Exhibit “A,” attached hereto and incorporated herein, are approved. SECTION 2. Prior to disbursement of each grant, the grant recipient must execute a Grant Recipient Agreement in favor of the City, the terms of which are at least as favorable to the City as those set forth in Exhibit "B", Grant Recipient Agreement attached hereto and incorporated herein. If the City Attorney approves the form of a Grant Recipient Agreement pursuant to this resolution, and if such agreement is executed by the grant recipient, then the City Manager is authorized on behalf of the City to, and shall, execute such agreement. If the Grant Recipient Agreement is not fully executed by the grant recipient, City Attorney, and City Manager within sixty (60) days of the passage of this Resolution and returned to the Office of the City Clerk, then this authorization is rescinded and deemed void. SECTION 4. The City Manager is hereby authorized and directed to execute and deliver such agreements and related documents as are reasonably required to implement the intention of this Resolution. SECTION 6. This Resolution shall take effect immediately upon its adoption. /// /// /// /// /// 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING FINE ARTS GRANTS TO NINETEEN RECIPIENTS IN A TOTAL AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: EXHIBIT A TO RESOLUTION ABSTRACTS OF PROGRAMS RECOMMENDED FOR FINE ARTS GRANT FUNDING 2017/18 Arts Connection: $10,000 This is a multi-faceted, public art initiative that will include classes, workshops, talks, and installations. Arts Connection will collaborate with the non-profit “Fallen Fruit” to create a living artwork installation at the Garcia Center for the Arts, with satellite locations in the surrounding neighborhood. The installations will include a variety of citrus trees, hand-crafted wooden picnic tables etched with community quotes, and a suite of public participatory projects to foster a sense of belonging, sharing, togetherness and pride. Arts projects include drawing a self-portrait on a lemon, an exhibition at the Feldheym Library showcasing the photographic portraits of participants and the stories collected around the neighborhood. There will be a poetry workshop and a printing and production of a “zine.” Bing Wong Elementary School: $10,000 This funding will assist in paying for art instructors from the Art Institute of San Bernardino to provide art classes, workshops, and professional development. There will also be learning excursions for students to the Art Institute, and. there are also plans to expand current classes in dance, such as hip-hop and folklorico by paid instructors. The school is committed to offer a complete iSTEAM program (innovation, imagination, inspiration, Science, Technology, Engineering, Arts, and Math). The number of persons expected to benefit from this program are 500 students and 36 teachers and support staff. Cajon High School ASB: $4000 This funding is for an Arts Festival produced through the collaboration of Associated Student Body and the International Baccalaureate programs. The Festival is in its 3rd year and involves both students and the community. It will be a showcase of student work as well as demonstrations of art in progress that may not be associated with a particular class. All Cajon students will be able to participate in the festival and have opportunities to create art. The community members attending the Festival will see live performances of orchestra, band, theatre, poetry, dance, choir, solo singers, art, films and ceramics. The grant would provide funds for art supplies and equipment. CSUSB Opera Theatre: $10,000 Funding for Opera Theatre will allow the Director of the program to develop and maintain a full season of opera that includes an opera scenes concert, a presentation of short one-act operas, and a full main stage production of “El Gato con Botas” by composer Xavier Montsalvatge. The target audience will include the campus community and the community at large in San Bernardino. In addition, the CSUSB Opera Theatre will do eight community outreach concerts within the San Bernardino City Unified School District.and invite students to a dress rehearsal at the University. Grant funds will assist in paying for orchestra musicians and other professional staff, supplies and materials, royalties, and printing costs. EXHIBIT A TO RESOLUTION Jr. University: $10,000 The Jr. University, a long-time youth theatre group in San Bernardino, will use the funding to assist in the production of the 2017 summer production of “Peter Pan,” paying for the production staff and a live orchestra. Over 100 young people will be involved in all aspects of the production at Roosevelt Bowl in Perris Hill Park. Through the 14 performances during July and August, the organization projects 7500 persons attending, 1700 of whom will be admitted with no fee. Local businesses are underwriting two free nights of theatre for the underserved families of the community. KVCR Educational Foundation: $15,000 Funding from the grant will financially create the ability for KVCR-TV to profile, produce and broadcast a new TV short series , Expressions of Art, that will profile 10 arts organizations or projects in dance, music, visual arts, theater, literary arts or film in San Bernardino. One show per month will be presented to the large audience of KVCR, the KVCR You Tube Channel and shared on KVCR-FM to highlight the arts in San Bernardino. After all 10 segments are produced, the team will create and produce two 30-minute shows featuring all 10 segments. Community members becoming aware of arts programs currently happening in the city could range from 1000-10,000 for each airing of the program. LJR C: $5,000 The funding for this program will assist in the operation of dance, theatre, film production and creative writing classes at three different San Bernardino sites. In addition to instruction, LJR organizes regular productions and showcases throughout the year. Film production classes teach students every aspect of being an independent filmmaker and producing short films that allow San Bernardino residents to creatively tell their stories. LJR plans to collaborate with several agencies and organizations, including San Bernardino Unified School District, IEMG TV, the PAL Center, San Bernardino Parks and Recreation, St. Johns Episcopal Church, San Bernardino Housing Authority and CSUSB. Operation New Hope: $10,000 Operation New Hope is a charter school serving young adults, aged 16-24, who gain job-readiness skills and a high school diploma. The funding will assist in the creation of a sound/video studio at the school-site. It will allow students and community members to create full-production music and video, story-line adaptation, visual lighting aspects, camera skills and full-motion video. The school is partnering with Guitar Center in San Bernardino for instruments and recording equipment and the Art Institute local artists. Parks and Recreation Department of the City of San Bernardino: $10,000 The proposed funding will be used to offer additional programs through several arts genres, such as music, dance, theater, ceramics and other forms of visual arts at 5 community centers offering 2 classes per week. EXHIBIT A TO RESOLUTION San Bernardino Valley Concert Association: $13,000 This project will take place at the Garcia Center for the Arts, and includes five cultural sessions during the year, featuring families from five ethnic groups sharing history, music, dance and literature; childrens movies and art experiences for parents and children with time for discussion which develops critical community development; puppet-making, set construction, script writing and performance for children 8-12 years of age; Dia de los Muertos and Las Posadas celebrations which concentrate on art work, poetry, music and historical/cultural presentations; and four theatrical events during the year. The funding will pay for supplies and materials, rentals/purchases of movies, honoraria for instructors, and royalty payments for production of plays. San Bernardino Valley College Foundation: $15,000 After many years of no instruction in instrumental music, SBVC is reviving the program, and now has a professor in that category. Because the college is lacking in the number of instruments needed to carry out instruction to students who cannot afford to purchase their own, the funding will be used to purchase instruments to loan to those students. Every interested student, music major or otherwise, will be welcome to play. As the program grows, musical performances in several genres such as concert band, pep band, jazz band, orchestra and chamber music will emerge. San Bernardino Symphony: $25,000 The San Bernardino Symphony will enter its 88th year in the city, and desires to continue its programming at the California Theatre in downtown San Bernardino. The funding will assist in paying for the rent on the theatre for the 5 regular concerts. In addition, the Symphony also performs 2 back-to-back concerts for 3400 school children at the theatre. The funding from the grant will not pay for additional rental of the theatre for the children’s concerts ,the rehearsals of the orchestra , nor the cost of the required stage crew. Sinfonia Mexicana Mariachi Youth Academy: $10,000 The funding will provide high quality music instruction to approximately 99 students in the Mariachi Academy program. This instruction is by skill level in small groups , thus allowing the instructors to provide individual support to students. Classes are 3 times a week for 46 weeks. Instructors are highly qualified and experienced musicians and mariachi performers. St. Johns Community Success Center --Ballet Folklorico: $5,000 Girls aged 6 to 14 will learn traditional dances with traditional costumes, in a large- group format, taught by volunteer instructor Gary Ferrara in classes twice a week. They will learn how the dances originated and about the occasions calling for such a dance. Older dancers will perform for the public. This program came about through the desires of parents in the community who participate in the Success Center, and wanted to expand their children’s knowledge of dance forms from the home states of their grandparents and great-grandparents. The Center has a record of success in EXHIBIT A TO RESOLUTION its many programs, such as the Homework Center, creative interaction with arts and crafts, a family literacy project, and several dance programs. Symphonie Jeunesse: $10,000 Two workshops for 30 Symphonie Jeunesse students and 30 additional string music students from SBCUSD middle schools. These will be all-day Saturday events consisting of small educational workshop sessions . The funding will pay for professional musicians and educators to facilitate the workshop sessions. SJO members will mentor the students from the schools. There will be a culminating performance of the workshops students, the SJO members and the professional musicians. Symphonie Jeunesse performs throughout the city and in many other locations, including Disneyland. Teen Music Workshop--Richardson Prep High) $20,000 The San Bernardino Teen Music Workshop , a community based performing arts program, is available at no cost to all San Bernardino City students in 6-12 grades. Currently, there are about 200 students participating. Professional instruction is provided weekly in instruments, vocal performance and dance. In addition, the program hosts a fully operational recording studio where song writing, music production and recording technology are taught. This group performs at venues both in the city and in many other locations, carrying the San Bernardino name throughout Southern California. Funding will assist in paying for additional instructors in all facets of the program and a part-time Recording Technology instructor. Untapped Hiphop: $3,000 (Fiscal Agent-Art Institute) The funding will support a street art competition (Street Glyphics) geared toward young artists in San Bernardino. The event will consist of live music, food vendors, art demos and an art competition for contestants from the areas of spray paint, acrylics, and markers. The artists will have 4 hours to create an art piece on-site for the chance to win a scholarship to the Art Institute. The organization hopes to hold this competition in downtown San Bernardino. United Nations of Consciousness: $10,000 This grant will assist in funding three programs at the Anne Shirrells Park Community Center. The programs are a week-long summer day-camp, a drum and dance class which meets twice a week during the school year, and a writers workshop for adults. These programs, which expose youth and the community to traditional African and Pan-African arts of music, dance and storytelling. are coordinated and taught by the Sesh Project, a program developed by Makeda Kumasi, a professional performing artist. The grant will assist in funding marketing and printing expenses, teachers and artists, field trip costs, facility rental, performance costumes and class supplies. Woodward Leadership Academy: $5000 Woodward Leadership Academy is a charter school in San Bernardino serving Kindergarten-6th grade students. The project for which the funding is requested is for an 8 week multidisciplinary program designed to inspire curiosity about EXHIBIT A TO RESOLUTION trailblazing women. This will be done through the enjoyment of literary arts and visual arts for 5th and 6th grade girls, culminating with a live Women’s History Month performance of their work. Students will research a little-known woman in S.T.E.M. Guest instructors will teach students performance techniques, poetic form and structure, speaking presence, audience connection and memorization techniques. Funding will pay for guest instructors, supplies and equipment. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 1 of 8 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] This Grant Recipient Agreement (the “Agreement”) is entered into this ___ day of __________, 2017, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. “D” Street, San Bernardino, California (the “City”); AND, [RECIPIENT] (the “Recipient”) (individually CITY or RECIPIENT may be referred to as a “PARTY” and collectively CITY and RECIPIENT may be referred to as the “PARTIES”). WITNESSETH: WHEREAS, the City collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and culture; and, WHEREAS, the Fine Arts Commission of the City of San Bernardino has considered the proposal by the Recipient and recommends the City support the art related program proposed by Recipient ("Project") to promote fine arts and culture; and, WHEREAS, City and Recipient desire to memorialize the nature of the Project and desire to set forth their rights, duties, and liabilities in connection with the City's support of the Project; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2.1 Compensation, Recipient hereby agrees to perform those actions as set forth in the Recipient’s proposal in Attachment “1,” attached hereto and incorporated herein in order to promote fine arts and culture within the City of San Bernardino. The Project shall be budgeted in substantial conformity with the budget included in Attachment “1.” GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 2 of 8 2. COMPENSATION AND EXPENSES. 2.1 Compensation. RECIPIENT shall be paid the grant amount of [AMOUNT], subject to availability of the funds. No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Grant Reversion. If RECIPIENT is unable to secure all funding necessary to complete the Project by December 1, 2017, or is unable to begin work on the Project by February 1, 2018, or is unable to complete the Project by June 30, 2019, then any unexpended Grant amount paid to Recipient shall be immediately returned to the CITY. 3.3 Records and Audits. The Recipient shall maintain accounting books, records, documents and other evidence relating to this Agreement, adequate to show, without limitation, all costs incurred and revenues received by the Recipient for the Project and the overall progress toward completion of the Project ("Project Books and Records"). The Recipient shall maintain Program Books and Records in accordance with the generally accepted accounting standards. Program Books and Records must be kept in the possession of the Recipient for at least three years after the date of last disbursement under this Agreement, or for such longer period, if any, required to resolve any claims or audits, or if required to do so by the City. 3.4 Access. The Recipient shall permit, and shall ensure that all third parties permit, authorized representatives of the City, agents of the City, and any other third party authorized by the City, unrestricted access at all times to: (i) Project Books and Records and any other documentation related to the Project held by the Recipient; (ii) the premises of the Recipient where Project Books and Records are kept or Project activities are or have been carried out; (iii) other sites where Project-related documentation is kept or Project activities are or have been carried out; and (iv) all personnel of the Recipient. 3.5 Reports. The Recipient shall provide to the City, not later than December 1, 2017, a written report on the progress of the Project. The Recipient shall submit written reports on the progress of the Project periodically thereafter at least once every month, until the Project is completed. Recipient shall include in any such reports an explanation for any variance between planned and actual progress of the Project and any variance between planned and actual expenditures. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2017 until June 30, 2018, inclusive. This Agreement may be terminated at any time upon thirty (30) days written notice by either PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this Agreement may be extended with the written consent of both parties. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 3 of 8 4. INDEMNITY. RECIPIENT agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents, or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of RECIPIENT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, RECIPIENT agrees to protect and defend at its own expense, including attorney’s fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. RECIPIENT hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the RECIPIENT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. The RECIPIENT shall maintain, where available at a reasonable cost, all risk property insurance on Project assets and comprehensive general liability insurance with financially sound and reputable insurance companies. The insurance coverage shall be consistent with that held by similar entities engaged in comparable activities. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, RECIPIENT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. NO EMPLOYEE OR AGENT RELATIONSHIP. RECIPIENT shall perform acts provided by this Agreement, but for all intents and purposes RECIPIENT shall not be an agent or employee of the CITY. RECIPIENT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for RECIPIENT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the actions to be performed hereunder. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 4 of 8 8. LICENSES AND PERMITS. RECIPIENT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, any licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of RECIPIENT to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE RECIPIENT: Office of the City Manager [RECIPIENT INFORMATION] 290 North “D” Street, 3rd Floor San Bernardino, CA 92401 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS’ FEES In the event that litigation is brought by any PARTY in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 11. ASSIGNMENT. RECIPIENT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the RECIPIENT’s interest in this Agreement without CITY ’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release RECIPIENT of RECIPIENT’s obligation to perform all other obligations to be performed by RECIPIENT hereunder for the term of this Agreement. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 5 of 8 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either PARTY for one or more breaches by the other PARTY are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The delay or failure of either PARTY to require performance or compliance of the other of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 6 of 8 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the PARTY executing (or on whose behalf such signature is execute) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally bound to the provisions of this Agreement. 22. COMPLIANCE WITH LAW RECIPIENT agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. A PARTY shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. 24. ORDER OF PRECEDENCE. In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 7 of 8 25. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement. 26. ATTACHMENTS. The Attachments to this Agreement are an integral part of this Agreement and have each been incorporated herein. 27. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES The Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. The Recipient will not discriminate against any person applying for the Project on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Recipient will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision the Project. [Signature pages follow] GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] Page 8 of 8 GRANT RECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [RECIPIENT] IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2017 [RECIPIENT] By: ___________________________ Its: ___________________________ Dated ____________, 2017 CITY OF SAN BERNARDINO By:___________________________ Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:___________________________