HomeMy WebLinkAbout1997-336
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RESOLUTION NO.
97-336
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 1997/98.
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 1997/98, a copy
of which is attached hereto, marked Exhibit "An 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agreement is rescinded if the parties to the agreement fail to
(60)
passage
of
this
of
the
sixty
days
it
within
execute
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
and Common Council of the City of
San
adopted by the
Mayor
joint
regular
meeting thereof, held on the
3rd
day
Bernardino at a
, 1997, by the following vote, to wit:
of
November
97-336
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH BLACK CULTURE
FOUNDATION FOR CIVIC AND PROMOTION FUNDING FY 97/98,
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4 Councilmembers
5 NEGRETE
6 CURLIN
7 ARIAS
8 OBERHELMAN
9 DEVLIN
10 ANDERSON
11 MILLER
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()~-L ~
~ City Clerk
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15 The foregoing resolution
November ,1997
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18 Approved as to form
19 and legal content:
JAMES F. PENMAN
20 City A orney
is hereby approved this t7ftl
r--;;;;~7tu~~
/ Tom Minor, Mayor
City of San Bernardino
day of
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By:
-2-
97-336
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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 1997-98, in order to assist in defraying
13 the expenses connected with the conduct of events related to the
14 celebration of 1998 Black History Week, as outlined in their
15 Request for Funding to the Mayor and Common Council, a copy of
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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 1998 Black History Week.
2. Pavrnent. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the civic and
promotion fund budget for the 1997-98 fiscal year, the total sum of
EXHfOi r "H"
97-336
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FOUR THOUSAND ONE HUNDRED SIXTY TWO DOLLARS ($4,162,00)
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 ONE HUNDRED SIXTY TWO DOLLARS ($4,162.00).
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,
6 organization and its agents performing acts covered by this
7 Agreement from claims for damages for personal injury, including
8 death, as well as from claims for property damage which may arise
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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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97-336
1 hereunder.
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(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
7 by mailing a ten-day written notice to Organization and this
8 agreement shall terminate ten days after the mailing of such
9 notice, In the event this agreement is terminated for reasons of
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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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97-336
AGREEMENT WITH BLACK CULTURE FOUNDATION FOR CIVIC AND PROMOTION
FUNDING FOR FY1997j98.
1 instruments attached hereto or referred to herein integrate all
2 terms and conditions mentioned herein or incidental hereto, and
3 supersede all negotiations and prior writing in respect to the
4 subject matter hereof. In the event of conflict between the terms,
5 conditions or provisions of this Agreement, and any such document
6 or instrument, the terms and conditions of this Agreement shall
7 prevail,
8 In witness whereof, the parties hereto have executed this
9 agreement on the day and date first above shown.
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CITY OF SAN BERNARDINO
------ '12M
BY: -; {3771. 41~
tom Minor, Mayor
BLACK CULTURE FOUNDATION
{l!;(M~J (~
Chuck Burris, President
ATTEST:
~('tJ.L
BY: .~L-/
Ci t le.ck
Approved as to form
and legal content:
James F. Penman,
City Attorney
')
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CITY OF SAN BERNARDINO. CIVIC AND PROMOTION FUND
REQUEST FOR FUNDING ASSISTANCE
97-336
1. Organization (Name, Address. elc.) Dale Submitted october 19 . 1997
San Bernardino Black CUlture Foundation 2. Contact Person Thcxnas Gueston
P. O. Box 7288 Tole 2nd vice-President
San Bernardino CA 92411 Phon. (909) 884-4173
3. Phone (909) 381-8240 4. Period 01 Support Requested or Date of Event
Number of Years in Existence 29 Years February 6-8. 1998
Fed. 9~-jb/41~~
5. Taxpayer Identification Number St.Jt9 ~"1\} 10'7E:;,74n
6. Ac1ivityforwhich funding Is requested: San Bernardino Black History lwbnth (February) Activities
February 6. 1998: Recognition Reception, crowning of 5eI11or lUng ana uueell, rd.;:;.;:) !I1a.\..k.
San RPrnardino Paaeant: Februarv 7. 1998: Black Historv Parade. Celebrity Luncheon,
Black Historv Ball: Februarv 8.1998: Gosoel P.l.~J:am
7. Estimated number 01 persons expected 10 attend this programlproject ?t:;, non
6. Proposed Budget: ...." ""~I '- Ac1u.1 '- ""....
Peraenn.l: 016 Facility Rental See 015* 023 Trophies 1390 1590
~ 017 Insurance ,nnn I1<RO 024 Scholarships ~
0' Fulhime Salaries 018 Decorations .nn >?< 025 Celebrity Expenses
02 Parttime Salaries ~ 01 9 Utilities: Accommodations
03 Overtime a Gas 100 100 Lodging <M hM
04 Electrical....L.. ~ Other A?< I.nn
05 Phone 1QlL.. 500 02~~: 80
Other 100 ~ T-Shl ITS ";;no lnO
Expan...: Sub- Total ann .nn Mi Q.Q. Rl ;llt'"'lc SR 1 ~-n- r;nnn
010 Ollie_ Supplle. 1<n 105 020 Special Equipment '1':lvJ~7CI rh;llY"QP h,nn
011 Postage 427 ,on Flaqg, Siqns, 400 200 Rnnn F;llrili~y 4nnn
012 Printing '7<n 7An. An"" =
013 Equipment Rental '1l:n ""~n and Banners ~ state Filing Fee 10
014 Security . 021 Advertising 150 75
015 Foodl 022 Promotion GRAND TOTAL2"" I,.,..,.
Retreshm~ts_.t 1 6700 6474* Expenses 200 125
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9.' List Anticipated FundlnglRevenue (Sources other than City)
Sou"", Amount
Contributions : The Gas Ccmpany, Edison canpany, Anheuser-Busch,
San Manuel Indian Bil1QO & casino, st. Bernardine Medical Center.
california Lottery, Health Net, San Hi, cannunity Hospital,
Individuals. TOTAL $15.000
(
10. Anticipated revenue from activity $5.000
11. Total Amount Requested from City: Sent to Ways & Means Dale:
A~ Total Proposed Budget Amount $24,162 Action:
B. LuJ.: Other Funding Sources 20,000 Sent to Mayor & Council Date:
C. Total Amount Requested from City $ 4.162 Action:
)
12. Describe any additional assistance being requested from the city: (Personnel. equipment, park area,
building, etc.)
A. City oolice for security. traffic and crowd control.
Estimated Costs
(To be completed by City)
B. Use of Encanto Park, grounds and facilities. Loan of 10 tables,
80 chairs , 2 staQes , bleachers , and bunting.
c. Ci ty =ews to set up barricades, transport bleachers and tables,
chairs, set up security fencing, and close streets during parade.
Data:
october 20, 1997
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NOTE: PI...." pre".twd 10 IUbmlt ." .udlt of your nn.nc,.'.ctlvltl.., In Ihe event .uch Inform.llon I. dNmed nece.ury. 7
A".ch .etch end olher .upportlng Inform.'Ion, ".pproprlete. /
DlSTAI8UT1ON~ WHITE _ CITY AOMINISTAATOA OMEH - FINANCE CANA"" _ AmICAHT OT1-EA OfPTS