HomeMy WebLinkAbout1994-011
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RESOLUTION NO.
94-11
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 1993/94.
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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 1993/94, 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.
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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14 agreement is rescinded if the parties to the agreement fail to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.
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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 reqular meeting thereof, held on the 24th day
21 of January 1994, by the following vote, to wit:
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25 I I I I I
26 I I I I I
27 I I I I I
28 I I I I I
94~1l
RESOLUTION AUTHORIZING AGREEMENT WITH BLACK CULTURE FOUNDATION
FOR FY93/94 CIVIC AND PROMOTIONAL FUNDING.
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4 ouncilmembers
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7 ERNANDEZ
8 BERHELMAN
9 DEVLIN
10 POPE-LUDLAM
11 ILLER
AYES NAYS
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ABSTAIN
ABSENT
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13 '- city Clerk
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The foregoing resolution is hereby approved this J...lo &day of
January , 1994.
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18 Approved as to form
and legal content:
19
JAMES F. PENMAN
20 City Attorney
21 By:
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>a/)?'FJ /
2L/:PAJ~ -
Edward V. Negrete, yor Pro Tempore
city of San Bernardino
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Res 9!t- 11
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G RAN T - 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 1993-94, in order to assist in defraying
the expenses connected with the San Bernardino Black History Month
activities sponsored by Organization and scheduled for February 4
through February 6, 1994, as outlined in their Request for Funding
dated November 1, 1993, submitted to the Ways and Means Committee
December 8, 1993, 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 promotion of Organization's Black
History Month's activities.
94-11
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2. Payment. Provided all internal City permit processing
requirements have been met to the satisfaction of the respective
departments and upon presentation of a claim to the City Finance
Director, City shall pay to organization from the budget for the
1993-94 fiscal year, the total sum of Seven Thousand Dollars
($7,000).
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. Accountinq. within 20 days after the completion of the
event, the Organization shall submit to the city Administrator,
with a copy to the Finance Director, an accounting (including
copies of receipts) of the actual expenditures connected with said
event as it relates to the funds which were provided by the city.
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.
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. 94-11
1 5. Hold Harmless. Organization covenants and agrees to
2 defend, indemnify, and hold harmless the city and its employees and
3 agents from all liabilities and charges, expenses (including
4 counsel fees), sui ts, or losses however occurring, or damages
5 arising or growing out of the use or receipt of the funds paid
6 hereunder and all operations under this agreement. Payments
7 hereunder are made with the understanding that the City is not
8 involved in the performance of services or other activities of
9 Organization.
10 6. Termination. city shall have the right to terminate this
11 agreement and any funding remaining unpaid hereunder for any reason
12 by mailing a ten-day written notice to Organization and this
13 agreement shall terminate ten days after the mailing of such
14 notice. In the event this agreement is terminated for reasons of
15 improper use of funds or use of funds for any purpose other than
16 those authorized, any unexpended portion of the funds provided by
17 city shall be returned to city. In addition, organization shall
18 reimburse to City any funds expended which were used for any
19 purpose other than those authorized under this agreement.
20 7. Permits and Insurance. organization shall obtain all
21 permits required for its activities and comply with all insurance
22 requirements applicable thereto.
23 8. Authorization to Execute. Organization hereby covenants
24 that it has taken all actions necessary to make the adherence to
25 the obligations imposed by this agreement a binding obligation of
26 the organization.
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94-11
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9. Notices. All notices herein re:quired shall be in writing
and delivered in person or sent by certified mail, postage prepaid,
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3 addressed as follows:
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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
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 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.
ce~ ~~.
ATTEST
CITY OF SAN BERNARDINO, a
Municipal Corporation of
stat_e_ O~B.r. lifornia
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~~R, 1:;::;-
FEB 4 1994
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BLACK CULTURE FOUNDATION
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