Loading...
HomeMy WebLinkAbout2004-0261 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 211 25 26 27 28 RESOLUTION NO. 2004-26 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2003/04. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Black Culture Foundation for financial assistance from the civic and promotion fund for FY 2003/04, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. Section 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 211 2004-26 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2003/04. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. regular meeting thereof, held on the 2nd day of February, 2004, by the following vote to -wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA % LONGVILLE x MCGINNIS % DERRY % SUAREZ % M.319 • ► MCCAMMACK X Cily Clerk The foregoing resolution is hereby approved this j `i H day of February , 2004 Approved as to Form and legal content: JAMES F. PENMAN, I h Valles, Mayor of San Bernardino 2 2004-26 1 2 3 4 5 6 7 01 ill 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT Civic and Promotional This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and SAN BERNARDINO BLACK CULTURE FOUNDATION, INC., a non-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. A. Organization has requested financial assistance from City for the Fiscal year 2003/04, in order to assist in defraying the expenses connected with the conduct of events related to their 2004 Black History Week celebration, as outlined in their Request for Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit "A". The terms of the request are incorporated herein by reference and shall govern the uses of the funds provided herein. The financial assistance provided for in this agreement is made on a one-time basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their 2004 Black History Week celebration and Black History Parade scheduled for February 7, 2004. 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to organization from the civic and promotion fund budget for the 2003/04 fiscal year, the total sum of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500). 2004-26 1 2 3 4 5 6 7 71 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2003/04 CIVIC AND PROMOTION FUND. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph I above. No deviation from these provisions shall be made without the express approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by Organization. 4. Accountability. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily trace the expenditure of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. At the conclusion of the program, Organization shall present the City Administrator or his designee a written accounting of all expenditures and revenues connected with said event. Organization will further supply City with any and all receipts relating to accounting of expenditures if so requested by City. If Organization does not submit an accounting of expenditures and revenues which City deems appropriate, such failure will result in the Organization reimbursing the City in the full amount received by Organization. 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel 2004-26 1 2 3I 4' 5 6 7 8 9 10 11 12 13 14 15 17 m 21 27 R AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2003/04 CIVIC AND PROMOTION FUND. fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 6. Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require ten (10) day written notice to the City if insurance is terminated or materially altered. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In the event this agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this agreement. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 2004-26 1 2 3 4 5 6 7 111 141 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2003/04 CIVIC AND PROMOTION FUND. make the adherence to the obligations imposed by this agreement a binding obligation of the organization. 9. Notices. All notices herein required shall be in writing and delivered in person or Sent by certified mail, postage prepaid, addressed as follows: As to City: As to Organization: City of San Bernardino Black Culture Foundation 300 North "D" Street P.O. Box 7288 San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Administrator San Bernardino, CA 92407 Attn: Margaret Hill, President 1 2 3 4 5 6 7 8 1 11 12 13 14 15!, 16 17 18 19 20 21 22 23 24 25 26 27 28 2004-26 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2003/04 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this agreement, and any such document or instrument, the terms and conditions of this agreement shall prevail. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF 0 Mayor SAN OERNARDINO BLACK CULTURE FOUNDATION r By, . /� rz Cep Mar aret I�11, President J ATTEST: By:(� City Clerk Approved as to form and legal content: James F. Penman City Attorney aan Bernardino BLACK CULTURE FOUNDATION v EXECUTNE COMMITTEE Margaret Hill President Thomas J. Guesfon, Jr. 1st Vice President W Robert Fowke 2nd Vice President Charles Burris Treasurer Sybie M. Tompkins Secretary Jim Xing Advisor Juanita H. Scott, Ph.D, Advisor SPONSORS Anheuser-Busch Arrowhead Credit Union City of San Bernardino Community Hospital of San Bernardino Molina Healtht:are Group SC Bernardino Medical Center Simpson Family Mortuary The Gas Company 2004-26 S" BERNARDL7VO BLACK CULTURE FOUNDATION P. O. BOX 7288 SANBERNfiRDINO, CA 92411 Tar I.D. No. 95-3674I39 November 6, 2003 Mayor and Common Council City of San Bernardino 300 North D Street San Bernardino CA 92418 Re: 2004 Black History Parade The 35th Annual Black History Parade will be held at 10:00 a.m., Saturday, February 7, 2004. Our plans are to start the parade at Eighth and E Streets, proceed south and end at Arrowhead Credit Union Stadium. As a non-profit organization, we ask financial assistance from the City to help defray the cost of the parade and its attendant activities. We request a waiver fees and support services, closing of streets and placing of barricades along the parade route. A map of the parade route is attached, Hold Harmless Agreement has been completed, and sufficient insurance to cover all events has been obtained. A copy of our Certificate of Insurance is enclosed. If additional information is needed, please contact me at (909) 884-4173 (home) or (909) 3818240 (work). Thank you for considering our request. sincerely, Thomas Gueston 1st vice President Enclosures Exhibit "A" 2004-26 SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART 1) Name of Organization - Address P. 0 Box 7288 San Bernardino CA 92911 Phone/FAX Contact Person Phone;FAX (909) 884-4173 Thomas Gueston (909) 384-9268 Designation of 501 c (3) non-profit status of Organization (Attached. Yes_ Nq,� Date of Event Location Estimated No. of Attendees February 7, 2004 North E Street at Eighth Street 10,000 Purpose of Funding 2004 Black Month activities consisting of Miss Black San Bernardino Pageant, crnwnina of Senior Kina and Dueen._Parade- _Black History Ball. and GosDel Program. PROPOSED CURRENT BUDGET A. REVENUES: List all anticipated revenues other than City of San Bernardino AMOUNT TOTAL Sponsorships San Manuel Mission Band of Indians 5 000 10000 Community Hospital ($1,500), Arrowhead Credit Union ($1,000), S I St Bernardine Medical Center 500 Registrations 0 ;i Promotions 0 - Donations I In Kind Services (Other than City Services) Matich Corp($500 ) Dealers - Loaned Vehicles ($500) Private Vehicle Owners 50 Total Dollar Amount Requested of City 4500 A. TOTAL PROPOSED REVENUES 16800 I Exhibit "A" 2004-26 %DI\ \ANIE OF ORGANIZATION: REQUEST FOR CIVICAND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART 11) B. EXPENDITLRES: (Include all known direct expenses connect with went) EXPENSES AMOUNT Person--,'! Salaries i Permits Fire Bus L is ABC j Insurance Gny of SB Attached (Yes v No Park Damaee Bond _ Park Clean Up Deposit Damage Bond Secunty SB.PD Prn ate Secunn Other Ad%ertmsm; Radio Newspaper Banners Flvers Other (Signs) Entenamment Music Sound Sastem Other Promotional Items Trophies (CYxnhina(i with n1acples) Plaques T-Shins Other (Printing —Brochures) Sanitation Portabie Restrooms Soecial Events Banquet Facilities Parade !°lack Oilture Foundation Float) Other (Senior King and Queen Presentation) B.TOTAL PROPOSED EXPENDITLRES Summarv: A. Total Revenues S 16800 B. Total Expenditures - S 21300 C. Total Fee Waivers - S 13149 (from Part in) Exhibit "A' TOTAL 0 0 1500 150 21300 D. Total Amount Requested from Cin S 4500 2004-26 NAME OF ORGA1'IZAIIO,N:_ glack Culture Fo�ajjdation REQUEST FOR CIVIC AND PROMOTION FINDING (PART III) REQUEST FOR FEE NNAIVERS (List all City ser. ices for which you are requesting fee waivers) C. Fee NN aicers Amount Police Secunty Traffic Control Fire Site Inspections Crowd Control Facilities Sound System Civic Center Use Permit Public Services Refuse Bins 198 Street Sweeping 134 Development Services signs 1, O 10 _ Planning TUP Building Other (Ex (Explain) refund of insurance a' ment Parks Recreation & Comm ni Total Amount of Fee Waivers (In -Kind Services) 3,482 13,149 For Office Use Only: Departmental Costs In Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Exhibit "A"