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HomeMy WebLinkAbout1995-378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 95-378 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEADERSHIP SAN BERNARDINO RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1995/96_ 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 Leadership San Bernardino relating to financial assistance from the civic and promotion fund for FY 1995/96, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to 15 16 17 18 19 adopted by the Mayor execute it sixty passage of this the within days of (60) resolution. I HEREBY CERTIFY that the foregoing resolution was duly Council of the City of San and Common 20 Bernardino at a regular meeting thereof, held on the 6th day 21 of November 1995, by the following vote, to wit: , 22 23 / / / / / 24 / / / / / 25 / / / / / 26 / / / / / 27 / / / / / 28 / / / / / ~ - ~ ( . . AGREEMENT WITH LEADERSHIP SAN BERNARDINO 1 2 3 4 Councilmembers AYES NAYS ABSTAIN 5 NEGRETE X 6 CURLIN y 7 HERNANDEZ X 8 OBERHELMAN X 9 DEVLIN X 10 POPE-LUDLAM X 11 MILLER ABSENT x 12 13 14 15 16 17 ~flL ~ City Clerk foregoing resolution is hereby approved this f7~~ , 1995. day of The November ~~fl~{~~ Tom Minor, Mayor city of San Bernardino 18 Approved as to form and legal content: 19 JAMES F. PENMAN 20 City Att rney 21 By: fr.-2~ 22 23 24 25 26 27 28 -2- Res 95-378 1 2 3 4 5 6 7 8 9 10 11 A. Organization has requested financial assistance from 12 City for the fiscal year 1995-96, in order to assist in defraying 13 the expenses connected with the promotion and startup of the 14 Leadership San Bernardino Program, as outlined in their Request for AGREEMENT civic and Promotional THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "city" and LEADERSHIP SAN BERNARDINO, a non-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. 15 Funding to the Mayor and Common Council, a copy of which is 16 attached hereto marked Exhibit "A". The terms of the request are 17 incorporated herein by reference and shall govern the uses of the 18 funds provided herein. The financial assistance provided for in 19 this agreement is made on a one-time basis, and receipt of said 20 funds shall not imply a continuing obligation of the city beyond 21 the terms of this Agreement. 22 B. The expenditure is for a valid municipal public 23 purpose, to wit: for the promotion and start up of organization's 24 San Bernardino Leadership Program. 25 2. Pavment. Upon presentation of a claim to the City 26 Finance Director, City shall pay to Organization from the civic and 27 promotion fund budget for the 1995-96 fiscal year, the total sum of 28 Res 95-378 1 ONE THOUSAND DOLLARS ($1,000). 2 3. Use of Funds. The funds paid to Organization shall be 3 used solely for the purposes set forth in Paragraph 1 above. No 4 deviation from these provisions shall be made without the express 5 approval of the City of San Bernardino. Any unexpended funds shall 6 be returned to the city by Organization. 7 4. Accountabilitv. Financial records shall be maintained in 8 accordance with generally accepted accounting principles by 9 Organization in such manner as to permit city to easily trace the 10 expenditure of the funds. All books and records of Organization 11 are to be kept open for inspection at any time during the business 12 day by the city or its officers or agents. Failure to submit the 13 financial records in accordance with this section will result in 14 the Organization reimbursing the City in the full amount received 15 by Organization. At the conclusion of the program, Organization 16 shall present the City Administrator or her designee copies of all 17 receipts for expenditures connected with said program in the total 18 amount of $1,000. 19 5. Hold Harmless. Organization covenants and agrees to 20 defend, indemnify, and hold harmless the city and its employees and 21 agents from all liabilities and charges, expenses (including 22 counsel fees), sui ts, or losses however occurring, or damages 23 arising or growing out of the use or receipt of the funds paid 24 hereunder and all operations under this agreement. Payments 25 hereunder are made with the understanding that the City is not 26 involved in the performance of services or other activities of 27 28 2 Res 95-:378 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Organization. 6. 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. 7. 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. 8. 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 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator Leadership San Bernardino P.O. Box 658 San Bernardino, CA 92402 Attn: Mark Edwards 9. Entire Aqreement. 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 3 Res 95-378 . 1 subject matter hereof. In the event of conflict between the terms, 2 conditions or provisions of this Agreement, and any such document 3 or instrument, the terms and conditions of this Agreement shall 4 5 prevail. In witness whereof, the parties hereto have executed this 6 agreement on the day and date first above shown. 7 8 9 10 11 12 13 14 CITY OF SAN BERNARDINO --'\ .1\ By: . .n1() !UI!~-"'- Mayor Tom Minor 15 16 1.TTES'l': 17 18 19 20 21 By: k Edwards ommittee Chair By: ~~~1~ Approved as to form and legal content: 22 James F. Penman City Attorney 23 24 25 26 27 28 ~ J-o (k~ 4 . CITY OF SAN BERNARDINO - CIVIC AND PROMOTION FUND REQUEST FOR FUNDING ASSISTANCE Res. 95-378 t. Organizalion (Name, Address. IIle.) Dale Submined 9-22-95 LEADERSHI P SAN BERNARDINO 2. Contact Person Mark Edwards P.O. Box 659 Title Committee Chair San Bernardino. CA Phon. 909-999-0200 3. Phone 909-995-7515 4. Period of Support Requested or Date of Event Number of Years in Existence 1 9/95 - 9/96 5. Taxpayerldenlif'tCation Number 6. Activity for which funding is requested: Promotion and start-up exp~nses for Leadership San Bernardino Program [see attached) 7. Estimated number of persons 8Xpeded 10 anend this program/pltljlCt 30 per year 9. Proposed Budget: ...... ....... ....... ....... 9_ ....., Pertonn.l: 016 Facility Rontal 023 Trophies 017 Insurance 024 Scholarships 01 Fulltime Salaries 019 DocoraIlons 025 Celobrity Expon... 02 Parttime Salaries 019 Utikios: Accommodations 03 Overtime Gas Lodging - 04 Eloc1rical Other - 05 Phone - 026 Miscellaneous Expenses: Other . EXlMn...: . Sub- TOIII 3 000 010 Office Supplies 020 SpocIal Equipmont 011 Postage >>JU 012 Printing 2 500 013 Equ~m.nl Rental 014 Security 021 Advortising 015 FoodI 022 Promotion Innn Refreshmenls Expenses 2 000 GRAND TOTAL < 9. Lisl Anticipated FundingIRevenue (Sources OIher than City) Sour~ Amounl San Bernardino Chamber of Commerce Education Foundation 1,000.00 Misc. Corporate Support 1,000.00 TOTAL 2,000.00 ( 10. Antic:ipal8<t revenue from activity None ) 11. Total Amounl Requested from ~ity: A, Total Proposed Budget Amounl B. 1.in: Other Funding Sources C. Tolal Amounl Requested from City 5,000.00 2,000.00 3,000.00 Senl to Ways" Means Action: 5enllo Mayor" Council Dale: Date: Action: 12. O.scribe any additional assistance being requesred lrom the city: (Personnel, equipment. pal1t area, bUilding, etc.) A. None Estimaled Cosls (To be completed by City) B. c. 13. Sig Date: 8-22.~.s- e NOTE: PI "e be ",ep.red'o subtnll.n .udll 01 your fln.nc'" .e'Iv"'.., In Ihe event such Infonn."on I. d..med nee....ry. ech shrch end other supportIng Informellon, "epprop',.t., Oo"Ill"l.IlCf,l _IIl_C,ro.ouW'SIIII.UOlII GlII(r"'_'WAHC( CAHAIrr_AI"J'\CAN' llh.(IIIOEII" ______ ___