HomeMy WebLinkAbout1998-291
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RESOLUTION NO.
98-291
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION
RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND
FOR FISCAL YEAR 1998/99.
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 Black Culture Foundation relating to financial
assistance from the civic and promotion fund for FY 1998/99, 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agreement is rescinded if the parties to the agreement fail to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 passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
of October
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regular meeting thereof, held on the 5th
day
, 1998, by the following vote, to wit:
IMPORTANT NOTE -
Resolution 98-291 is null and
void because it was not
executed within time specified.
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4 Councilmembers
5 ESTRADA
6 LIEN
7 ARIAS
8 SCHNETZ
9 DEVLIN
10 ANDERSON
11 MILLER
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98-2~SOLUTION OF ~HE CITY OF SAN BERNARDINO AUTHORIZING CIVIC
AND PROMOTION FUNDING FOR FY 98/99
AYES NAYS
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ABSTAIN
ABSENT
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0fandAv*difl~~
Ci Y Cle k
The foregoing resolution is hereby
october ,1998
pr {ed this 7ln-daYOf
"[ ((~t'A..---
Valles, Mayor
f San Bernardino
18 Approved as to form
19 and legal content:
20 JAMES F. PENMAN
City A torney
21 By:
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98-29J.
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A G R E E MEN T
Civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
BLACK CULTURE FOUNDATION, 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 1998-99, in order to assist in defraying
the expenses connected with the conduct of events related to the
celebration of 1998 Black History Week, 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 the
celebration of 1999 Black History Week.
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 1998-99 fiscal year, the total sum of
98-291
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FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200)
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. Accountabilitv. 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 her designee copies of all
receipts for expenditures connected with said program in the total
amount of FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200.00).
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 performance of services or other activities of
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Organization.
6. Insurance. Organization shall take out and maintain
during the life of this Agreement such public liability and
property damage insurance as shall insure City, its elective and
appointive boards, commissions, officers, agents and employees,
organization and its agents performing acts covered by this
Agreement from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise
from Organization's or its agents' operations hereunder, whether
such operations be by Organization or its agents or by anyone
directly or indirectly employed by either Organization or its
agents, and the amounts of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less than
$1,000,000 for injuries, including, but not limited to, death, to
anyone person, in an amount not less than $100,000 on account of
anyone occurrence;
(b) Property Damage Insurance. In an amount of not less than
$50,000 for damage to the property of each person on account of any
one occurrence.
(c) Workers Compensation. Organization shall provide workers
compensation insurance in the amount required by state law if the
funds provided hereunder are to be paid as salary to any employee
of organization. Organization shall require that all rights of
subrogation under such policy of workers compensation insurance
shall be waived as to City. City shall be set forth as an
additional named insurance in each policy of insurance provided
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hereunder.
(d) The Certificate of Insurance furnished to the City shall
require the insurer to notify the City of any change or termination
in the policy.
7. Termination. City shall have the right to terminate this
agreement and any funding remaining unpaid hereunder for any reason
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 make the adherence to
the obligations imposed by this agreement a binding obligation of
the organization.
Notices.
All notices herein required shall be in
9.
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
300 North "D" Street
San Bernardino, CA 92418
Attn: City Administrator
Black Culture Foundation
P.O. Box 7288
San Bernardino, CA 92411
Attn: Chuck Burris, President
10. Entire Aqreement.
This agreement and any documents or
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98-291 .
AGREEMENT WITH BLACK CULTURE FOUNDATION FOR CIVIC AND PROMOTIO
FUND FY 1998/99. .
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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.
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19 ATTEST:
ARDINO
es, Mayor
I
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BLAC CULTURE FOUNDATION
Chuck Burris, President
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BY: riMdit1v)Y;Pd~~
City Clerk
Approved as to form
and legal content:
James F. Penman,
City Attorney
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98-291
CITY OF SAN BERNARDINO . c~vrc AND PROMOTION FUND
REQUEST FOR FUNDING ASSISTANCE
1. Organiution (Name. Address. IJlc.) Oafe S'JbnHlted Al tg' lc:t- fA 1!lQs:!:
&aI. ~.K.1iO Bla...1.. Ct.lL~~ f\.,......JbL.;.v.. 2. Contact P.rson Thanas Gueston
P. O. Box 72 88 TItle 2nd Vice ?resident
i.1.R 9~iAe C'. 9.111 Phone (qnQl RA<1_4171
3. P"'one 19091 381-8240 4. Period of SUp()CIrt ReqU8SIed or Dale of Evenr
Number of Yeat, in Exist~ 30 F'phn~ry ~7 ,qqq
5. Taxpayer IdenliflCation Number Fed 95-3674129
~~ate: (t'?A) 197$719
5. Activity tor vrhich funding is '-Quested: San Bernardino Black History Month ( February) Activities
February 5, 1999: ReoDQnition Receotion. Ct'ownina of ~ior Kina M!d Queen. Miss Bla.ck
~1"'t Ao......2...,.o(;"""'" D~.."~: 'l:"ak.......-:. . . 19~9. il"""'&" u~~t...~. p.,_...3c. C91g"i t~. t\aR=a7R,
Black History Ball; February 7, 1999: Gospel Program
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7. ESlimal~ number 01 p.rsons eXpeded to aRene:! fhlS program/J)tOjllCt
s. P_ Budg.., - ..... - Ad... - Ad...
P8rsonnef: ~ 016 Facility Renlal See 015* I =,- '~
017 Insurance lnnn I'B17 024 Scholarships ~
01 Fulftrme Salaries 018 Decorations 360 200 025 Celebrity Expenses
02 f'i!t'Ttime Salaries ! ~ 019 Utilities: I Accommodations
03 Overtime ~ Gas 1f- 160 I Lodging 600 575
04 i E!9Clr;cal_ 40 , O~ '~'<_~
i I
05 Phone 500 300 . ment:;.)
Of".r 160 100 026 \Aisceltaneous r:..fl)en5&5:
Ex!,.".'; 1"'_C:n1rrc:
, Sub-Tolal 7nn .en ~;""'" 1:I.1::11'-II'~
010 Office SUj:lQlies 1=:.n , 1Jn <::r rl; ng .t. <)IQQr't
I Of 0 s,r.aal.~.nl
01 1 Postage J:?.c:::! 1:,0 Fag, 5.1 , 325 ~J..,........ I ,nn
012 Printing 25001 1950 banners, and ?t::i~"" ~.;1;ng 1:'-... 1n I 1n
I 1'500
013 Equiomenl Rental 350 300 ambiance i j Bond 1 Reirnbur- 1500
014 Security I .~ 021 Advertising 1501 75 sable I
015 Food! 022 PromOlion 200T125 ,
Refresnm.nfs 6500 I 5325' ~ GRANO TOTAL
Expenses ,
*"~...1 ...1~ 'h, I ?nnon I 17922
, L'SI A.ntlC:j:lafed Fundin-giAevenue (Sources other than CitYl
Sourc. Amounl
.....,........~,..;h.,~i,........~. ~...h~I'~O.,._P.l'C!rh j:;"rh <::r1n r~ny Thp ('w1~~
Ccmnunity Hospital, San ~uel Indian Bingo, Waterman Carwash, Doctor DAniels
TOTAL . <; 100
(
10 AnticlC3ted revenue from activity $5,315
11 TOIat Amoun! Requested from C.N Sent TO W"'Y'i j, Means D~le
A Tolal PrOPOsed Budge' Amoun! $20,000 Aerlon
B. !..in: Other Funding Sources 10.41'; Sent to Mayor & CounCil Dale'
e Tolal Amount ReqUeSled from City 4.200 Action
)
12. Oescribe any additional assistance being requestltd from the city: (Personnel, equipmenl. park area,
building. etc.)
Eslimaltd Costs
(To be eomp'eled by City)
A. rif-l'" ("'"'I'i.-o Fnr ~lr;f-y ~r;:lffi('" ;:Inn r.rnw"i control.
B
f!~ nf F.n('"..;mto Park. qrounds, and facilities~ Loan of 10 tables,
80 chairs. 2 stages, bleachers, and bunting~
("; f-y r'"T"~ i"n o;:P.!t un barricades. transport bleachers and tables,
chairs, set up security fencing, and crOse streets Ourlng paraae.
e
Dale:
August 18, 1998
HOTE: Pt..../M ",tIpMWd to ~bm , .. fildlt of )'OUr f1n.nc~1 Ktlvlll.,. In th. w.,,' such Infonn.tlon Is d..m~ ,,<<.,ury.
A".ch slt.teh .nd ol""r Wllpon'n" ",to""It'Ion. If ""ttr,.",I",,,,
8er~:'~I<<e-291 .
BLACK
I'~. \
~ - '~y
CULTURE
FOUNDATION
~
SAN BERNARDINO
BLACI( CULTURE FOUNDATION
P. O. BOX 7288
SAN BERNARDINO, CA 92411
Tax I.D. No. 95-3674139
August 18, 1998
Chuck Burris
President
Mayor and Common Council
300 North "D" street
San Bernardino CA 92418
ExECUTIVE COMMITTEE
Joseph Smith, Jr.
1st Vice President
T1wmas T. Gueston, Jr.
2nd Vice Presidellt
Re: 1999 Black History Parade
W. Robert Fawke
3rd Vice President
Robert S. Bailes
Treasurer
The 30th Annual Black History Parade will be held
Saturday, February 6, 1999 at 10:00 a.m. Tentative
plans are to start the parade at California and
Baseline Streets, proceed east to Mt Vernon, south
to 10th Street, turn east and end at Encanto Park.
Jim King
Advisor
As a non-profit organization, we ask fanancial
assistance from the City to help defray the cost
of the parade and its attendant activities, as
enumerated in the enclosed budget. In addition,
we request a waiver of fees and the following
supportive services:
Mar:r:raret HilI
AdvIsor
Juanita H. Scotl, Ph.v.
Advisor
Eugenia Turner
Corresponding Secretary
Syble M. Tompkins
Rtfcording Slcretary
a. The use of grounds and facilities at Encanto
Park to include concession stand, restrooms, and an
electrical power source. Electrical power is
needed for the PA system and the concession stand.
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b. Closing of streets and placing of barri-
cades along the parade route as indicated on the
enclosed map.
SPONSORS
c. Loan and delivery of 10 tables and 80
chairs to be placed along the parade route as
indicated on the enclosed map.
Anheuser-Busch
Cio/ of San Bernardino
Communio/ Hospital
of San Bernardino
Edison International
d. Loan of one large stage and-one small
covered stage. The stage is to be placed in front
of Tillie's Memorial Chapel along with 60 chairs
which will be used to seat dignitaries and special
guests. The small stage will be placed near the
end of the parade route where trophies will be
distributed.
GTEL
HealthNet
St. Bernardine
Medical Center
San Manuel Indian
Bingo & Casino
San-Hi Bowling Center
Southern California
Gas Compa'!)'
e. Loan of red, white, and blue bunting to
decorate the large stage and one staple gun to
affix bunting to the stage.
98-291
f. Appropriate crews to pick up and deliver bleachers
from City of San Bernardino, delivery and return of bleachers
after the parade has ended.
g. Appropriate police personnel for security and crowd
control.
A map of the parade route is attached, Hold Harmless Agreement
has been completed, and sufficient insurance to cover all events
has been obtained. Certificate of Insurance is enclosed. Our
contact person is Thomas Gueston (909) 381-8240 (work) or (909)
884-4173 (home).
Thank you for considering our request and we look forward to
hearing from you soon.
Sincerely,
~~r~M
President
Enclosures