HomeMy WebLinkAbout1995-379
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RESOLUTION NO. 95-379
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO BLACK CULTURE
FOUNDATION 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 the Black Culture Foundation, relating to financial
assistance from the civic and promotion fund for FY 1995/96, a copy
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10 of which is attached hereto, marked Exhibit "A" and incorporated
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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agreement is rescinded if the parties to the agreement fail to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
passage
of
this
within
sixty
(60)
days
of
the
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor
and Common
Council of the City of
San
Bernardino at a regular meeting thereof, held on the 6th day
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21 of November , 1995, by the following vote, to wit:
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"l.r-
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~GREEMENT WITH BLACK CULTURE FOUNDATION FOR CIVIC AND
PROMOTION FUNDING.
AYES NAYS
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4 Councilmembers
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8 OBERHELMAN
9 DEVLIN
10 POPE-LUDLAM
11 MILLER
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ABSTAIN
ABSENT
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City Clerk
111.'
The foregoing resolution is hereby approved this
November , 1995.
18 Approved as to form
and legal content:
19 JAMES F. PENMAN
20 City Attorney
By: ~__ 9--~__
CJ
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day of
-j~--/1i~
Tom Minor, Mayor
city of San Bernardino
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Res 95-379
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11 the expenses connected with the San Bernardino Black History Month
12 activities sponsored by Organization and scheduled for February 2,
13 through February 4, 1996, as outlined in their Request for Funding,
14 a copy of \ojhich is attached hereto marked Exhibit "A". The terms
15 of the request are incorporated herein by reference and shall
16 govern the uses of the funds provided herein. The financial
17 assistance provided for in this agreement is made on a one-time
18 basis, and acceptance of said funds shall not imply a continuing
19 obligation of the City beyond the terms of this Agreement.
20 B. The expenditure is for a valid municipal public
21 purpose, to wit: for the promotion of Organization's Black History
22 Month's activities.
23 2. Payment. Provided all internal City permit processing
24 requirements have been met to the satisfaction of the respective
25 departments and upon presentation of a claim to the City Finance
26 Director, city shall pay to Organization from the budget for the
27 1995-96 fiscal year, the total sum of Seven Thousand Five Hundred
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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 THE
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 1995-96, in order to assist in defraying
Res 95-379
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8 event, the Organization shall submit to the city Administrator,
9 with a copy to the Finance Director, an accounting (including
10 copies of receipts) of the actual expenditures connected with said
11 event as it relates to the funds which were provided by the city.
12 Financial records shall be maintained in accordance the generally
13 accepted accounting principles by Organization in such manner as to
14 permit City to easily trace the expenditure of the funds. All
15 books and records of Organization are to be kept open for
16 inspection at any time during the business day by the City or its
17 officers or agents. Failure to submit the financial records in
18 accordance with this section will result in the Organization
19 reimbursing the city in the full amount received by Organization.
20 5. Hold Harmless. Organization covenants and agrees to
21 defend, indemnify, and hold harmless the city and its employees and
22 agents from all liabilities and charges, expenses (including
23 counsel fees), sui ts, or losses however occurring, or damages
24 arising or growing out of the use or receipt of the funds paid
25 hereunder and all operations under this agreement. Payments
26 hereunder are made with the understanding that the city is not
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and Eleven Dollars ($7,511).
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 the Organization.
4. Accountinq. within 20 days after the completion of the
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Res 95-379.
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2 Organization.
3 6. Termination. city shall have the right to terminate this
4 agreement and any funding remaining unpaid hereunder for any reason
5 by mailing a ten-day written notice to organization and this
6 agreement shall terminate ten days after the mailing of such
7 notice. In the event this agreement is terminated for any reason
8 whatsoever, any unexpended portion of the funds provided by City
9 shall be returned to City. In addition, Organization shall
10 reimburse to city any funds expended which were used for any
11 purpose other than those authorized under this agreement.
12 7. Permits and Insurance. Organization shall obtain all
13 permits required for its activities and comply with all insurance
14 requirements appl icable t.hereto including the provision of
15 insurance in the amount of One Million Dollars ($1,000,000)
16 combined single limit for liability and property damage and naming
17 the City as additional insured.
18 8. Authorization to Execute. Organization hereby covenants
19 that it has taken all actions necessary to make the adherence to
20 the obligations imposed by this agreement a binding obligation of
21 the organization.
22 9. Notices. All notices herein shall be in writing and
23 delivered in person or sent by certified mail, postage prepaid
24 addressed as follows:
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Res 95-379
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As to City:
As to Organization:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Attn: city Administrator
Black Culture Foundation
P. O. Box 7288
San Bernardino, CA 92411
Attn: Rosalyn Kraut
10. 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 negotiation 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
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prevail.
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ATTEST:
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20 BY: \
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CITY OF SAN B]JRlfARDINO
~~~;;-Y7/~tt/l
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BLACK CULTURE FOUNDATION
22 Approved as to form
and legal content:
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James F. Penman
City Attorney
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CITY OF SAN BERNARDINO. CIVIC AND PROMOTION FUND .' -
Res 95-379 REQUEST FOR FUNDING ASSISTANCE ~.
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1. Organization (Name, Address, etc.) Date Submitted "
SAIl BRaNAROINO BUer cm.TtJRR mnJrnATTnN' 2. Contact Person Dvgal~ II It.-au.t
P. O. Box 7288 Title
P.....a~d......
SaD Bernardino, CA 92411 Phone (909) 625-0090
3. Phone (909) 62'i-0090 4. Period of Support Requested or Date of Event
Number 01 Years in Exi$lence 27 Yf".Arll 1I'..1............y 0 - . . '991..
l'ed: 9~-]6741J9
5. Taxpayer Identification Number q.... 10757',0 (.......)
6. Activity for which funding is requested: SaD Bernardino Black Distory Mnnth Ar.tivitiplI
February 2, Miss Black San Bernardino PaD'P-ant. Cp.l""hrity a..rAp,,"nn e...........,...! nf' ~... Q....D
& ltinXi Februarv ), Black Historv Parade. Cf".1P,hrfty Innrh..nn. Rl;arlr Ai .,.nry RgIT.
February 4, G08pelfest.
7. Eslimated number of persons expected to anend this programlproject S2'i 000
8. Proposed Budget: "- ...... "- ...~I "- ......
Personnel: 016 Facility Rental 023 Trophies 1 <nn
017 Insurance . Ln, . LnO 024 Scholarships ) 7<n
01 Fulltime Salaries . . 018 Decorations 025 Celebrity Expenses
02 Partlime Salaries .. .. 019 Utilities: ftAccommodations
03 Ovenime . .. Gas Lodging 1 1 nn
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04 Electrical_ Other
05 Phone !QL
Other 26 026 Miscellaneous Expen~~n
Expenses: Plovers
Sub-Total 126 Teen Dan~e/DJ .nn
010 Office Supplies lln lln T-Shirt/Artvnrlr ...
011 Postage >on 020 Special Equipment Gaa/Parad,. ea.... --,;;;;
PlaR8. Poles 200
012 Printing 2 Lnn EinR/Queen Robes In
013 Equipment Rental - 'un
014 Security 1 .nn 021 Advenising onn
015 Food! 022 Promotion GRANO TOTAt!. '"
Refreshments 7 Lnn Expenses
9. List Anticipated FundingIAevenue (Sources other than City)
Source Amounl
Contributions: The Ga. Co.pany~ Edison COIIDany. Anheuser-Busch.
California Lottery. GTE California. BBT. PaeifiCare. KDA. lBP.
individuals
TOTAL 9."i00
ATTACHMENT "A"
10. Anticipated revenuelrom adivity $4.800
11. Total Amount Requested from Cily: Sent to Ways & Means Date:
A. Tolal Proposed Budget Amount " 111 Action:
B. L.ia: Other Funding Sources U. ':100 Senl to Mayor & Council Dat8:
C. Total Amount Requesled from City 7 All Adion:
12. Describe any additional assistance being requested from the city: (Personnel. equipment, park area,
building. etc.)
Estimated Costs
(To be compleled by City)
A. City Dolice for securit.y traffl~ 1. I"rnwd I"nntrnl
B. Use of Kncanto Park. grounds. facilitIes. Loan of 10 tables.
80 chairs. 2 stalleR. blear.:hl'!rll .And hnntlng
C. City crews to set UP barrIcades. tran800rt bleachers and tables.
chairs. Bet up security fenciog. and close 8trees duriog parade.
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Dale:
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NOTE: PI."s. b. fN."" 10 .ubmlllln .udl, of your fln.ne"'.ellvltl.., In 'hll .v.nt such Inform",lon Is de.med nec.sury.
AII"en skelch "nd olner supporting Inform.,/on, If "pprofNllIle,
"'~rni"';'''''' w'"'' ,."" ",U'''''~'''''''''' ,',,,.r... ~'","'''-F r:......."" .,.,..., 'r....r nil" >In! 1".,
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IUGI(
Res 95-379
SAN BERNARDINO
BLACK CULTURE FOUNDATION
P. O. BOX 7288
SAN BERNARDINO, CA 92411
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September 18, 1995
Marilyn Dixon
Office of the City Arlminiatrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418-0001
Attn: Ways & Means Committee
Dear Committee Members:
As requested, we are responding to the error in computation on the copy of the
Request for Funding Assiatance that was completed for the Black History
activities in February 1996.
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The second request that was sent had an error in computation of the amounts
requested. The first request (which is hand written) has the correct information.
The error was made in the Area of Mi:ilcellaneoull Expenses (#026) for a Teen
Dance which was budgeted for $300. We will not sponsor the Teen Dance in
1996 and this amount should be removed from the Request for Funding
.A.si.tance.
Again, we apologi>:e for the error. If you need more information, please do not
hesitate to contact me at (909) 387-7282.
Sincerely,
Qo~ 'm I~~
Roulyn M. Kraut
President
W'd
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