HomeMy WebLinkAbout2002-026
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RESOLUTION NO. 2002-26
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING 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 2001/02.
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 civic and promotion funding from FY 2001/02, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days ofthe adoption
of this resolution.
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2002-26
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AGREEMENT
WITH BLACK CULTURE FOUNDATION RELATING TO FINANCIAL ASSISTANCE
FROM FY 2001/02 THE CIVIC AND PROMOTION FUND.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting
thereof, held on the 22nd day of Januarv, 2002, by the following vote to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
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LIEN x
MCGINNIS x
SCHNETZ ~
SUAREZ x
ANDERSON X
MCCAMMACK X
~J:;.~
The foregoing resolution is hereby approved this r9- tf.;eL day Of~ 2002
~~,. 4~..,,.
Betty Dean Anderson
Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ 9.~
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2002-26
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Upon presentation of a claim to the City Finance Director, City shall pay
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25 to organization from the civic and promotion fund budget for the 2001/02 fiscal year, the total
26 sum of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500).
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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:
I. Recitals.
A. Organization has requested financial assistance from City for the
Fiscal year 2001/02, in order to assist in defraying the expenses connected with the conduct of
events related to their 2002 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 2002 Black History Week celebration,
2.
February 1-3,2002.
Payment.
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2002-26
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2001/02 CIVIC AND
PROMOTION FUND.
3. Use of Funds.
The funds paid to Organization shall be used solely for the purposes set forth in
Paragraph 1 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 copies of all receipts
for expenditures connected with said program in the total amount of FOUR THOUSAND FIVE
HUNDRED DOLLARS ($4,500). If Organization does not submit receipts totaling $4,500
which City deems appropriate, Organization shall remit balance of funds to City.
5. Hold Harmless.
Organization covenants and agrees to defend, indemnify, and hold
Harmless the City and its employees and agents from all liabilities and charges, expenses
(including counsel fees), suits, or losses, however occurring, or damages arising or growing out
of the use or receipt of the funds paid hereunder and all operations under this agreement.
Payments hereunder are made with the understanding that the City is not involved in the
27 performance of services or other activities of Organization. The costs, salary and expenses of the
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2002-26
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2001/02 CIVIC AND
1 PROMOTION FUND.
2 City Attorney and members of his office in enforcing and defending this Agreement on behalf of
3 the City shall be considered as "counsel fees" for the purpose of this paragraph.
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18 be returned to City. In addition, Organization shall reimburse to City any funds expended which
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6.
Insurance.
While not restricting or limiting the foregoing, during the term ofthis
agreement, Organization shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of$l,OOO,OOO, 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.
7.
Termination.
City shall have the right to terminate this 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
were used for any purpose other than those authorized under this agreement.
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8.
Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
make the adherence to the obligations imposed by this agreement a binding obligation of the
organization.
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2002-26
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 200I/02 CNIC AND
1 PROMOTION FUND.
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9.
Notices.
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6 As to City:
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All notices herein required shall be in writing and delivered in person or
Sent by certified mail, postage prepaid, addressed as follows:
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: Charles Burris, President
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2002-26
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 200I/02 CNIC 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 SAN BERNARDINO
B:,~-: /df/<_..
Betty Dean Anderson
Mayor Pro Tern
SAN BERNARDINO BLACK CULTURE FOUNDATION
By. /}'-~A.1 Ji~
Charles Burris, President
ATTEST:
By: ~h.~
City lerk
Approved as to form
and legal content:
24 James F. Penman
25 City Attorney
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By: i~~ J .~
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