HomeMy WebLinkAbout2005-034
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RESOLUTION NO. 2005-34
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK
CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND
PROMOTION FUND FOR FY 2004/05.
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 San Bernardino Black Culture
Foundation for financial assistance in the amount of $18,050 ($4,500 in direct funding and
$13,550 in indirect funding) from the civic and promotion fund for FY 2004/05, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption
of this resolution.
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2005-34
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE
3 FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION
FUND FOR FY 2004/2005.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint adjourned
Common Council of the City of San Bernardino at a regular meeting thereof, held
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on the 24th day of January
, 2005, by the following vote, to wit:
COUNCIL MEMBERS:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
AYES
NAYS
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this'llJ... day of Jan!).ary
,2005.
22 Approved as to form and
legal content:
ALLES,Mayor
of San Bernardino
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JAMES F. PENMAN,
24 City Attorney
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2005-34
-ORIGINAL
AGREEMENT
Civic and Promotional
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City" and SAN BERNARDINO BLACK CULTURE
FOUNDATION, INC., a non-profit organization, referred to as "Organization."
The parties agree to as follows:
1, Recitals.
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
1 FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND
PROMOTION FUND.
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3,
Use of Funds.
The funds paid to Organization shall be used solely for the purposes set forth in
Paragraph I above. No deviation from these provisions shall be made without the express
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7 approval of the City of San Bernardino, Any unexpended funds shall be returned to the City by
8 Organization.
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Accountability.
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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
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15 submit the financial records in accordance with this section will result in the Organization
16 reimbursing the City in the full amount received by Organization. At the conclusion of the
17 program, Organization shall present the City Administrator or his designee a written accounting
18 of all expenditures and revenues connected with said event. Organization will further supply
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City with any and all receipts relating to accOlJilting of expenditures if so requested by City. If
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Organization does not submit an accounting of expenditures and revenues which City deems
22 appropriate, such failure wi\l result in the Organization reimbursing the City in the full amount
23 received by Organization.
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Hold Harmless.
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25 Organization covenants and agrees to defend, (if requested by City), indemnify, and hold
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harmless the City, its departments, agencies, boards, commissions, elected officials, officers,
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attorneys, employees and agents from all liabilities and charges, expenses (including counsel
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
1 FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND
PROMOTION FUND.
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3 fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt
4 of the funds paid hereunder and all operations under this Agreement.. Payments hereunder are
5 made with the understanding that the City is not involved in the performance of services or other
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activities of Organization. The costs, salary and expenses of the City Attorney and members of
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his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
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for the purposes of this paragraph,
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Insurance.
While not restricting or limiting the foregoing, during the term of this
12 agreement, Organization shall maintain in effect policies of comprehensive public, general and
13 automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single
14 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally
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insured. Said coverage shall require ten (10) day written notice to the City if insurance is
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terminated or materially altered.
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Termination.
19 City shall have the right to terminate this agreement by mailing a ten-day written notice
20 to Organization and this agreement shall terminate ten days after themailingofsuchnotice.In
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the event this agreement is terminated for reasons of improper use of funds or use of funds for
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any purpose other than those authorized, any unexpended portion of the funds provided by City
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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.
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8.
Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
1 FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND
PROMOTION FUND.
2 make the adherence to the obligations imposed by this agreement a binding obligation of the
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organization.
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9. Notices.
All notices herein required shall be in writing and delivered in person or
7 Sent by certified mail, postage prepaid, addressed as follows:
As to Organization:
8 As to City:
9 City of San Bernardino
10 300 North "D" Street
11 San Bernardino, CA 92418
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Attn: City Administrator
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Black Culture Foundation
P.O. Box 7288
San Bernardino, CA 92411
San Bernardino, CA 92407
Attn: Frank Washington III,
President
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2005-34
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
1 FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND
PROMOTION FUND.
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Entire Agreement.
This agreement and any documents or instruments attached hereto or
6 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
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supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
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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.
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In witness whereof, the parties hereto have executed this agreement on the day and date
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