HomeMy WebLinkAbout1990-012
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RESOLUTION NO. 90-12
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO BLACK CULTURE
3 FOUNDATION, INC., FOR THE CONDUCT OF BLACK HISTORY MONTH.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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and Agreement with the San Bernardino Black Culture Foundation,
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Inc., a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as though fully 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referenced agreement is rescinded if the parties to the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 within sixty (60) days of the
passage of this resolution.
SECTION 3.
Pursuant to San Bernardino Municipal Code
Sections 12.56.120, l2.56.l40(c), and Resolution No. 86-480
Section 2 subsection III (G), it is hereby found that the San
Bernardino Black Culture Foundation, Inc., is a non-profit
association organized primarily for civic betterment and that it
is therefore, exempted from payment of costs for bleachers,
street barricades, and other equipment to be provided by the
various departments of the City for the annual Black History
parade and other events associated with its conduct of Black
History Month, in the City of San Bernardino.
SECTION 4. In addition to the other assistance provided to
the San Bernardino Black Culture Foundation by this resolution,
the Mayor and Common Council hereby exempt that Foundation from
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RESOLUTION - AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO BLACK CULTURE FOUNDATION, INC. FOR THE CONDUCT OF
BLACK HISTORY MONTH.
payment of costs of labor, including overtime costs incurred by
the City with respect to the Black History Parade and other
events related to Black History Month. Such labor costs shall be
identified and made a charge against the Cultural Enhancement
Fund.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the 8th
regular
day of January
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
x
~,du~
Ci ty/Clerk
The foregoing resolution is hereby approve~hls 7~AC day
of January
4"
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
BY:~'::;'~
[/
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AGREEMENT
Cultural Enhancement Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "city", and
the San Bernardino Black Culture Foundation, Inc. non-profit
organization, referred to as "Organization".
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The parties agree as follows:
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1.
Recitals.
A. Organization has requested financial ass is-
tance from City in order to assist in defraying the expense of
the events and activities sponsored by Organization during Black
History Month,
more particularly set forth in Organization's
1990 Budget.
A copy of the Budget is attached hereto, marked
Attachment "A",
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
only 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 ethnic cultural
values and achievements in San Bernardino and to stimulate
greater awareness regarding the societal contributions of the
Black community.
2.
PaYment.
Upon presentation of a claim to the City Finance
Director, city shall pay to Organization from the city Budget
for the 1989/90 fiscal year,
the total sum of eight thousand
dollars,
to cover the costs incurred by Organization in
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developing and presenting the events and activities of Black
History Month.
3. Use of Funds.
The funds paid to Organization shall be used
solely for the purposes set forth in Paragraph 1. Said funds
shall be expended by April 30, 1990, and any unexpended funds
shall be returned to City by Organization.
4. Accountinq.
At such time or times as may be requested by the
City Administrator or Director of Finance, Organization shall
submit to the City Administrator, with a copy to the Director of
Finance and the Ways and Means Committee of the Common Council,
an accounting of the proposed and actual expenditures of all
revenues accruing to the Organization in connection with Black
History Month. Financial records shall be maintained in
accordance with generally accepted accounting principles by
Organization in such a manner as to permit City to easily trace
the expenditures 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.
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
Organization. Organization and its employees and agents are
(a) Public Liability Insurance. In an amount not
1 less than $100,000 for injuries, including, but not limited to,
2 death, to anyone person and, subject to the same limit for each
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person, in an amount not less than $100,000 on account of any
one occurrence;
(b) Property Damage Insurance. In an amount of
not less than $50,000 for damage to the property of each person
on account of anyone occurrence.
city shall be set forth as an additional named
insured in each policy of insurance provided hereunder.
9.
Organization hereby convenants that it has taken
all actions necessary to make the adherence to the obligations
imposed
by this Agreement
a binding obligation of
the
Organization.
10.
Notices.
All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
As to City:
As to Organization:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA
92418
San Bernardino
Black Culture Foundation
ATTN: J. W. "Jim" King
San Bernardino, CA
92417
11.
Entire Aqreement.
This Agreement and any documents or instruments
24 attached hereto or referred to herein integrate all terms and
25 conditions mentioned herein or incidental hereto, and supersede
26 all negotiations and prior writing in respect to the subject
27 matter hereof.
In the event of conflict between the terms,
28 conditions or provisions of this Agreement, and any such
document or instrument, the terms and conditions of this
Agreement shall prevail.
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DATED:
;t~i /7/ If'ft!
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ATTEST:
~/A??$~
/' City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
city Attorney
By' ~ p;,~~~
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CITY OF SAN BERNARDINO
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SAN BERNARDIID BLACK aJL'IURE FtXJNDATHl'l
1990 BLACK HISmRY M::NIH OOSERVANCES
1990-BUI:Q;T
CELEBRITY RECEPrIOO BLACK HISmRY BALL
Facility 50.00 National Orange Show 2000.00
R:xx:l 1000.00 Security 150.00
Security 150.00 Disc Jockey 250.00
RefrestIrents 500.00 Decorations 200.00
1700.00 2600.00
PARADE TICKETS/ ADVERTISING 600.00
Judges 900.00
Insurance 2500.00 ~PEL CO'ICERT
BaOO 1500.00 Facility 100.00
Acccmoodations 1500.00 Decorations/Flowers 150.00
Trophies 800.00 Security 50.00
Scholarships 1200.00 Miscellaneoos 50.00
Miss Black SB 1500.00 350.00
Senior King & CITY OF SB cx:GTS S
Queen 500.00
10,400.00 OPERATING BUI:Q;T 'lUI'AL 18,000.00
OlHER/MISC .
Lim::usine 250.00
Respectfully Subnited:
Gas 600.00
Jcrnes W. King
Post Parade President
Luncheon 1500.00 San Bernardino Black CUlture
tion, Inc.
2350.00
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