HomeMy WebLinkAbout1995-018
1
RESOLUTION NO. 95-18
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION
3 RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND
FOR FISCAL YEAR 1994/95.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with the Black Culture Foundation, relating to financial
9 assistance from the civic and promotion fund for FY 1994/95, a copy
10 of which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12
13 SECTION 2. The authorization to execute the above referenced
14 agreement is rescinded if the parties to the agreement fail to
15 execute it within sixty (60) days of the passage of this
16 resolution.
17
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common council of the City of San
20
Bernardino at a
adjourned
rp9111.r:lY
meeting thereof, held on the
23rd
day
21 of January
, 1995, by the following vote, to wit:
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95-18
RESOLUTION AUTHORIZING AGREEMENT WITH BLACK CULTURE FOUNDATION
FOR CIVIC AND PROMOTION FUNDING FOR FY 1994/9?'
1
2
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4 Councilmembers
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6
7 ERNANDEZ
8 OBERHELMAN
9 DEVLIN
10 POPE-LUDLAM
11 MILLER
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17
AYES
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The foregoing resolution
January , 1995.
18 Approved as to form
and legal content:
19
JAMES F. PENMAN
20 City A orney
21 By:
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.i'ev~
NAYS
ABSTAIN
ABSENT
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. city Clerk
is hereby approved this ':l.\.H\, day of
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City of San Bernardino
-2-
Res 95-18 Original
1 GRANT-AGREEMENT
2 civic and Promotional
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "CITY", and THE
5 BLACK CULTURE FOUNDATION, a non-profit organization, referred to as
6 "Organization."
7 The parties agree to as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance from
10 city for the fiscal year 1994-95, in order to assist in defraying
11 the expenses connected with the San Bernardino Black History Month
12 activities sponsored by Organization and scheduled for February 3,
13 through February 6, 1995, as outlined in their Request for Funding
14 dated November 1, 1994, submitted to the Ways and Means Committee
15 January 11, 1995, a copy of which is attached hereto marked Exhibit
16 "A". The terms of the request are incorporated herein by reference
17 and shall govern the uses of the funds provided herein. The
18 financial assistance provided for in this agreement is made on a
19 one-time basis, and acceptance of said funds shall not imply a
20 continuing obligation of the city beyond the terms of this
21 Agreement.
22 B. The expenditure is for a valid municipal public
23 purpose, to wit: for the promotion of Organization's Black History
24 Month's activities.
25 2. Pavment. Provided all internal City permit processing
26 requirements have been met to the satisfaction of the respective
27 departments and upon presentation of a claim to the City Finance
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1 Director, City shall pay to Organization from the budget for the
2 1994-95 fiscal year, the total sum of Seven Thousand Two Hundred
3 Fifty Dollars ($7,250.00).
4 3. Use of Funds. The funds paid to Organization shall be
5 used solely for the purposes set forth in Paragraph 1 above. No
6 deviation from these provisions shall be made without the express
7 approval of the city of San Bernardino, Any unexpended funds shall
8 be returned to the City by the Organization.
9 4. Accountina. within 20 days after the completion of the
10 event, the organization shall submit to the city Administrator,
11 with a copy to the Finance Director, an accounting (including
12 copies of receipts) of the actual expenditures connected with said
13 event as it relates to the funds which were provided by the city.
14 Financial records shall be maintained in accordance the generally
15 accepted accounting principles by Organization in such manner as to
16 permit City to easily trace the expenditure of the funds. All
17 books and records of Organization are to be kept open for
18 inspection at any time during the business day by the city or its
19 officers or agents. Failure to submit the financial records in
20 accordance with this section will result in the Organization
21 reimbursing the city in the full amount received by Organization.
22 5. Hold Harmless. organization covenants and agrees to
23 defend, indemnify, and hold harmless the City and its employees and
24 agents from all liabilities and charges, expenses (including
25 counsel fees), suits, or losses however occurring, or damages
26 arising or growing out of the use or receipt of the funds paid
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1 hereunder and all operations under this agreement. Payments
2 hereunder are made with the understanding that the city is not
3 involved in the performance of services or other activities of
4 organization.
5 6. Termination. City shall have the right to terminate this
6 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 any reason
10 whatsoever, any unexpended portion of the funds provided by city
11 shall be returned to city. In addition, Organization shall
12 reimburse to City any funds expended which were used for any
13 purpose other than those authorized under this agreement.
14 7. Permits and Insurance. Organization shall obtain all
15 permits required for its activities and comply with all insurance
16 requirements applicable thereto including the provision of
17 insurance in the amount of One Million Dollars ($1,000,000)
18 combined single limit for liability and property damage and naming
19 the City as additional insured.
20 8. Authorization to Execute. Organization hereby covenants
21 that it has taken all actions necessary to make the adherence to
22 the obligations imposed by this agreement a binding obligation of
23 the organization.
24 9. Notices. All notices herein shall be in writing and
25 delivered in person or sent by certified mail, postage prepaid
26 addressed as follows:
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Res 95-18
1 AGREEMENT WITH BLACK CULTURE FOUNDATION
2
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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
6 10. Entire Aareement. This agreement and any documents or
7 instruments attached hereto or referred to herein integrate all
8 terms and conditions mentioned herein or incidental hereto, and
9 supersede all negotiation and prior writing in respect to the
10 subject matter hereof. In the event of conflict between the terms,
11 conditions or provisions of this Agreement, and any such document
12 or instrument, the terms and conditions of this Agreement shall
13 prevail.
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ATTEST Ci 'by Clerk
CITY OF SAN BERNARDINO, a
Municipal Corporation of State
of California
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