The URL can be used to link to this page

Home My WebLink About23-City Administrator """0'0_0 " , , CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION From: Fred Wilson City Administrator ORIGINAL Subject: Request for civic & promotion funding and waiver of fees for Black History Parade February 5, 2005 Date: December 10, 2004 Synopsis of Previous Council action: 1/12/05 2/5/04 Ways and Means Committee recommended approval to Mayor and Council Resolution 2004-26 approved authorizing agreement for financial assistance for 2004 Black History Parade Recommended motion: Adopt resolution. That approval of direct funding in the amount of $4,500; indirect funding in the amount of $ 13,550 be transferred from the 2004/05 civic and promotion fund to various city departmental accounts as listed in the attached staff report; and a waiver of fees and use of city personnel and equipment be authorized to assist in the 2005 Black History Parade scheduled for February 5, 2005. J~J~ Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: $4,500 direct; indirect $13,550 AftUrr-A~ (Ar.r.t No )nn1_nQ1_fi1RR (Acct. DAAcrlptlftn) civic & promotion Finance: Council Notes: / /~~ / tJ5 , / AID. ~3 -- ,~ STAFF REPORT Subject: Request for civic and promotion funding for 2005 Black History Week activities and parade, and waiver of fees for use of personnel and equipment to assist with event. Back2l'ound: Attached is a request from the Black Culture Foundation for $4,500 in direct funding from the Civic and Promotion budget to fund the activities of Black History Week including the Black History Parade scheduled for February 5, 2005. In addition, the Foundation is requesting a waiver of fees for the use of City labor and equipment to assist with this event which is estimated to cost approximately $13,550. This is an increase of $401 over last year's costs in connection with this event. $13,550 will be transferred from the civic and promotion fund into the various City departmental accounts as listed below to recover their costs incurred in assisting with the parade. This event has been approved for funding on an annual basis since 1996. This year's direct funding request of $4,500 is the same as last year. Per the agreement, the organization submitted an accounting including receipts for the 2004 event which has been reviewed and accepted by the City Administrator's Office. Departmental Accounts Amount Police Parks & Recreation Public Services Development Services $9,285 security/vehicles $2,628 labor/equipment $1,169 refuse/street sweeps $ 468 barricades/signs Placement/removal Total $13,550 Non waivable fees and refundable security deposits. Traffic Engineering $ 500 barricade deposit Financial Impact: $4,500 in direct funding, and a waiver of fees for City personnel and equipment in the amount of$13,550 from the civic and promotion fund constitute the costs to the City for this event. Provided as an attachment is a matrix for the FY 03-04/04-05 civic and promotion fund which indicates the availability of funding. Recommendation: Adopt resolution. Authorize direct funding in the amount of $4,500 and indirect funding in the amount of $13,550 from the FY2004/05 civic and promotion fund and approve waiver offees for use of City personnel and equipment to assist with the 2005 Black History event. ",~w~",n' '1' ",,=, T ' T _'n'~"~"~ .., ,'u '-"" ""''' -, ",,,,.., ' "~ 'U" " I~~ ll~ ~ llj ~~ ~ ~ ~~ liiil U Ii! ilil l l ~~ ~ g. I u 5~ \!! ~I ... I ~'... ~ III ~lil f2 IS 81;; :i ~lll 1 ~ -I~ .. .. .. ~ .... .. .. .... -- .... .. .... .... ;Ii ~~ ~ Sl 88 ~ ~ '" 8:;; 88 ~ ~I u ! i:! ~~ S 13 I ~ ~! ~&~ .,;' iii": ..; on .-~ ~ ..; i ~ iii": """'I. 1 '" '" I J ! J I I .. .... .. .. .... .. .. .. ,.... .. .. 88 ~ 8 88 8 ~ I 88 ~~ ~ , ~~ ~ ~ ~~ ~ ~ ! ~~ ~~ \!! on on::j '" '" ..= ... '''' I lti lil .on ..; & . , J !! I .... .. .. .... ..I .. j .... .. .. .. 88 8 8 88 8 8 88 88 8 88 ~ ~ I, ~ ~'~. ~ ~, I I~ ~ I~ ~ ~ U on::! '" '" .::! ~ '" on::;, . on, 1"'1 ,.::! ! I I... .1 . .1.ll L ! II, l.I.I.I ..1. ~ I I: I I 'II ~ II I II i! Ii ~ i Iii, I I 1!llli I I ~ I 111I d lid III I III ~ll'l' I, II I I I' ,I ~ il I, Iii e I : I i I 1)1 ,I Ii I~ I~ Iii ji! I~ I ii' 1 s ~ i~ ii ~ i i 11i ~ ',I '!l wi. lil ~ ID llil Ii: I w ii, l! J' ill ! I I I ! I I Ii I I' I I I, ~ a f I~ ~I I I !R 1'[ I ' ~ i II 'i 18' il I I I II~ 18 ,Ii 1 ;1 ! I H II ~~ I ,111111 i; I 1 I I il Ji I! I 'I i I III I Ii i il ~l ~ ~ IiI II I I I!I II I I 1~ ~~I ~I ~ ~ I I I:, Ii I i 1::1 ~I ~ -~'"._~~ 'f ~ CULTUM FOUIDA1IOI T ExEcuTIVE CO.IUI I Ice Frank Wutrfngton, In PresIdent 'ThottIu J. Guuton, .11'. 1at VIce PresIdent ~=~ ChtIt1es eun1a TIWIIUIW Gemwleve G. Echols Secffltaty ADVISORS W. Rob.1t Faw,", ""lJIa,.t HR' Ida N. RobelSon Juan'" H. Scoff, Ph.D. Syble II. Tompldns CORPoRATE SPoNsORS SAN'MANUEL MNDOF MlS6ION 1ND'^N5 SPONSORS Anheuser-Busch Arrowhead Credit Union Community HOSI)#taI of San semanlno Edison Internatlona' The Gas Company SAN BERNARDINO BLACK CUL TURE FOUNDA TION P. o. BOX 1288 SAN BERNARDINO, CA 92411-0288 Tax I.D. No. 95-3874139 November 4, 2004 Mayor and CoIIIOOn Council City of San Bernardino 300 North 0 street San Bernardino CA 92418 Re: 2005 Black History Parade The 36th Annual Black History Parade will be held at 10: 00 a.m., saturday, February 5, 2005. our plans are to start the parade at Eighth and E Streets, proceed south, and end at Arrowhead Credit Union Stadium. As a non-profit organization, we ask financial assistance fran the City to defray the cost of the parade and its attendant activities, as enumerated in the enclosed budget. In addition, we request a waiver of fees and support services, closing of streets, and placing of barricades along the parade route. We ask the loan and delivery of the following: a. Ten tables and eighty chairs to be used at various locations along the parade route. b. One large stage to be placed in front of the Carousel Mall along with sixty chairs which will be used to seat our special guests. c. Red, white and blue bunting to decorate the stage. d. Bleachers frcm the City of San Bernardino and appropri- ate crews to transport the bleachers. A map of the parade route is enclosed, Hold Harmless Agreement has been oanpleted, and sufficient insurance to cover all events has been obtained (certificate enclosed). If additional information is needed, I may be reached at (909) 884-4173 (bane) or (909) 381-8240 (work). Thank you for considering this request and we hope to hear fran you soon.. Sincerely, Ene! ~ ~- --,~-~, In 'w:l till "tl en en en 1'1 l"I" 0 l"I" l"I" t; I-' t; t; (1) 0 (1) (1) (1) <Q (1) (1) l"I" c:: l"I" l"I" (1) - 9th street , Div 1 "0 8th street Div 2 III t; Div 3 sturges Q. . Auditorium (1) en 7th street niv 4 S'police Victoria ~tation fIl 6th street Public Library 5th street , 4th street >C04 Carousel Mall t; c: (1)Q. III ~ -Court street ~ Court street Square 2nd street , Rialto Arrowhead Credit J till en Union 'Park :ll"l" l"I"llI 280 South E Street t;Q. III .... 5i (1) ~ ~~ ~,,- ~,--, , ~ '"T ".."~'r ~ - ,~~-, m~ ECHOLS INSURANCE AGENCY - LIC 0622474 219 S ORASGE AVENUE RIALTO, CA. 92376 (909) 874-3763 COMPANIES AFFORDING COVERAGES =r A SCOTTSDALE INSURANCE COMPANY ="'8 ~-c ="ANYD _ AND _SS 01 -.D SAN BERNARDINO BLAC~ CULTURE FOUNDATION PO BOX 72'88 SAN BERNARDINO, CA. 92410 ~ANV E TIlls illD-mylhat--.of ~1IItId.... '-.........10......... .........end _In 8t lIm& .", lIIrm or of - CDIlrlIct or CllIw ~m'lIt willi NIPKt III whlch.. ..........,......... or..., 1lII'lIIn.... ~ Iffarded IIJ'" __ hnln illUbllId 10.. t __ -ell fins end CIIl.... of such PDIdIL COMPANV LmER TYPE OF INSURANCE POucY NUMIIEIl POlJCY fXPIRATIDN DATE EACH OCCUllRfNCE AGGIlf.GA" A GENERAL UABlLITY iJ ~COMPflf:HfN5IVE FORM o PRfMISES-OPt:RATIONS O EXPLOSION AND COUAPSE HAZARD o UNDfIlGIlOUND HAZAIlD O PIlDDUCTS'COMf'LETfD O OPfRATIOfIlS HAlAAO COHTflACTUAL INSURANCf O_FOIlM~ DAMAGE o INDfPENOENT CONTRACTORS o PERSONAl. INJURY CLS08999979 1/30/05 --'YINJIMY 5 5 PllOPERTY DAMAGE 5 5 lIODIl.Y INJURY AND PllOPERTY_ 51',000 COM8INfD 5 1,00 PER5ONAI. ....lURY 5 AUTOMOBILE LIABILITY o COMPREHENSIVE FORM DOWNED o HIRED o NON-OWNED lIODIl. Y INJURY (EACH PERSON' (~ PIlOI'ERTY _ IlOOIl. Y INJURY AND PllOPERTYDAMAGf s s \~ 5 EXCESS LIABILITY o UMBREllA FORM o OTHEATHANUMBRELLA FOAM IIODlLY INJURY AND _RTY DMtAGE COMlllNfD WORKERS' COMPENSATION and EMPLOYERS'LlABlLITY OTHER <fllCH_ ouc.orlDN OF OPIRATIDNSil.OC:A~JDacus ANNUAL BLACt HISTORY PARADE/EXPO/DRILL TEAM COMPETITION TO BE HELD ON 2/7/04 I~ SAN BERNARDINO, CA. CARRIER TO NAME CERTIFICATE HOLDER AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, ' - AND AIlOIIfSS OF CERTIFICATE HOI.IIEIl: CITY OF SAN BERNARDINO - RISt MGMT 300 N. "D" STREET SAN BERNARDINO, CA. 92410 'U-di ATIVt ACOlIO 25 /1.791 '-fJ~- _." u_~_,. "'.,"_W",,,,, HOLD HARMLESS AND INDEMNIFICATION .. Licensee/Pennittee shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and hannless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any ways incident to, in connection with or arising directly or indifectlyout of this agreement. LicenseelPermittee shall investigate, handle, respond ie, provide defense for and defend any such claims, demand, or suit at the sole expense ot the Licensee! Permittee. LicenseelPermittee shall also bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Licensee/Pennittee or the City or to enlarge in any way the LicenseeIPermittee's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from LicenseeIPennittee's performance hereunder. fj November 4. 2004 Dated San Bernardino Black CUlture Foundation Licensee/Permittee By Thanas Gueston Title 1!'lt Vi ce President (Attach a certified copy of documentation, which wili authorize Applicant to conttact on behalf of corporationlbusiness.) --'"-"r~'--'- --<--- =.':'iF2'PCC.'C"-- - - <~""' -, <><T" '-<.......~~-~ SAN BERNARDINO REQUEST FOR CMC AND PROMOTION FUNDING (pART I) Name of Organization San Bernardino Black Culture Foundation Address P. o. Box 7288, San Bernardino CA 92411 Phone/F AX Contact Person Phone/F AX (909) 884-4173 Thomas Gueston (909) 384-9288 Designation of 50 1 c (3) non-profit status of Organization (Attached: Yes_ No-> Date of Event Location Estimated No. of Attendees Februarv 5 2005 North E Street at Eiahth Street 10.000 Purpose of Funding 2005 Black Month activities consisting of Miss Black San Bernardino Pageant, crowning of Senior Kinq and Queen. Annual Parade. Black History Ball. and Gospel - am. PROPOSED CURRENT BUDGET A. REVENUES: (List aU anticioated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorships C'~~ ..~~..~, ..~ ~< _-" _~ T_-""___ '...c: nnn\ oc:nn Arrowhead Credit Union ($1,000), Southern Calif Edison ($1.000). Southern Calif Gas {!l;100m. Matich Corp ($500) Reltistrations 0 Promotions n Donations "1000 In Kind Services (Other than City Services) Matich Corn (!I;500\ Auto 1500 Dealers - Loaned Vehicles ($500), Private Vehicle owners ($500) Total Dollar Amount Reauested of City Lll:;nn A. TOTAL PROPOSED REVENUES 1 5500 '~"~~"'1fWC'" ".''"'''!.' ,on ' '~"~' ''', C T ~,"",.,~~~ MUST l!I' SUBMITTED TO CITY ADMINISTRATOR'S OFFICE 60 DAYS PRIOR TO EVENT FOR WmCH FUNDING IS REOUESTED. NO EXCEPTIONS. NAME OF ORGANIZATION: San RprnrlrtH no Rl rl....k ('nl Tnrp FonnnrlTi on REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (pART ll) B. EXPENDITURES: (Include all known direct expenses connect with event) ~ EXPENSES AMOUNT TOTAL Personnel/Salaries 0 Permits 25 Fire 0 Bus. Lie. 0 ABC 0 Other 0 Insurance il. ~: ~~I City of SB Attached (Yes x No ) 4600 Park Damal!:e Bond 0 Park Clean Up Deposit/Damal!:e Bond 0 Security S.B.P.D 0 Private Security 400 Other 0 Advertisinl!: n Radio 0 Newspaper 0 Banners ':100 Flyers 25 Other (sidrns) 200 Entertainment Music ?nn Sound Svstem 200 Other 0 Promotional Items Trophies (Combined with plaques) 2750 Plaques (See aboveT 0 T-Shirts 500 Other (Printina Brochures) 1500 Sanitation Portable Restrooms ':It;O Special Events IMi.... Rlrl....k ~rln R, -----'linn D"',.........T\ 1 "00 Banquet Facilities ~Ann Parade (Blrlck Cnl Tnrp Foundation FlorlT \ "00 Other (Senior King and Queen Presentation) 150 B. TOTAL PROPOSED EXPENDITURES 20000 \\~ Summary: A. Total Revenues $ 15500 D. Total Amount Requested from City B. Total Expenditures - S ?oonn S ~E:;nn C. Total Fee Waivers - (from Part Ill) S 1::1""0 --UH.T"f.....~~-'~.O..<-~.TT-...l. ... .. _T. _" .. .. ..-"'--.- .. NAME OF ORGANIZATION: San Bernardino Black Culture Foundation REQUEST FOR CMC AND PROMOTION FUNDING (pART Ill) REQUEST FOR FEE WAIVERS (List all City services for which you are requesting fee waivers) C. Fee Waivers Amount Police Security '\ Traffic Control ;> 9,285 Fire Site Inspections Crowd Control Facilities Sound System Civic Center Use Permit Public Services Refuse Bins ---, Street Sweeping / 1,169 Development Services Plannintz TUP Buildintz barricades 468 Other (Explain) refund of insurance pavrnent Parks, Recreatl.on, --C-ommunl. ty Servl.ces 2,628 Total Amount of Fee Waivers (In-Kind Services) 13,550 For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance .~ -,..~ ~, _.~-~~~',~' '--~"'~"i,,,,_-""-"""'''7.-.- OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us SM January 25,2005 Mr. Thomas Gueston 151 Vice President San Bernardino Black Culture Foundation P. O. Box 7288 San Bernardino, CA 92411-0288 C1~ Dear MylGueston: At the Council meeting held on January 24,2005, the following action was taken relative to your request for a waiver of fees: That the Mayor and Common Council approve direct funding in the amount of $4,500; that indirect funding in the amount of $13,550 be transferred from the 2004/05 Civic and Promotion fund to various City departmental accounts as listed in the staff report dated December 10, 2004, from Fred Wilson, City Administrator; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2005 Black History Parade scheduled for February 5, 2005; and that said resolution be adopted (Res. 2005-34). If you have any questions relative to the waiver of fees, please contact City Administrator Fred Wilson at (909) 384-5122. Sincerely, ~h~ Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services - Traffic Engineering Section Parks, Recreation & Community Services Police Department Public Services Department CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Di.lmitv . Honestv C) o () _._--_..__.~._- ~.~.~~ 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 RESOLUTIO~~ IPY 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. III III III /11 III III III III III ~.~3 ;j~4/~ C) o 17 18 19 20 21 22 23 24 25 26 0 27 28 -,~" - - ".,..",".""""~",,. 1~'.""T;- ",,~,.' ~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE 2 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. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005, by the following vote, to wit: 7 8 9 10 11 AYES NAYS ABSTAIN ABSENT COUNCil.. MEMBERS: ESTRADA LONGVil..LE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK 12 13 14 15 16 CITY CLERK - The foregoing Resolution is hereby approved this _ day of ,2005. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By j,1~ !i~ 2 . 1 C) 2 3 4 5 6 7 8 9 10 ~ - .-, '"'' ~,~ ", '~,'- ExHI!3IT "'A " 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. A. Organization has requested financial assistance from City for the 11 12 Fiscal year 2004/05, in order to assist in defraying the expenses connected with the conduct of events related to their 2005 Black History Week celebration, as outlined in their Request for 13 14 Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit C 15 "A". The terms of the request are incorporated herein by reference and shall govern the uses of 16 the funds provided herein. The financial assistance provided for in this agreement is made on a 17 one-time basis, and receipt of said funds shall not imply a continuing obligation of the City 18 beyond the terms of this agreement. 20 21 22 23 24 25 26 0 27 28 19 B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their 2005 Black History Week celebration and Black History Parade scheduled for February 5, 2005. 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to organization from the civic and promotion fund budget for the 2004/05 fiscal year, the total sum of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500). .. 1 0 2 3 4 5 6 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 24 25 26 0 27 28 iT^' ,_,'c,p, ""',' """'~~'~- AGREEMENT BETWEEN CITY OF SAN BERNARDINO ANti BLACK CULTURE FOUND A TION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND PROMOTION FUND. 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 7 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 8 Organization. 4. Accountability. 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 su~mit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. At the conclusion of the program, Organization shall present the City Administrator or his designee a written accounting. of all expenditures and revenues connected with said event. Organization will further supply City with any and all receipts relating to accollnting of expenditures if so requested by City. If Organization does not submit an accounting of expenditures and revenues which City deems appromiate, such failure will result in the Organization reimbursing the City in the full amount 23 received by Organization. 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel 3 III 1 C) 2 3 4 5 6 7 10 11 12 13 14 () 15 18 19 20 21 22 23 24 25 26 0 27 28 , "-~-'V, ,.' AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND PROMOTION FUND. 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 perfonnance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 8 9 for the purposes of this paragraph. 6. Insurance. While not restricting or limiting the foregoing, during the tenn of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require ten (10) day written notice to the City if iIisurance is 16 tenninated or materially altered. 17 7. Tennination.' City shall have the right to tenninate this agreement by mailing a ten-day written notice to Organization and this agreement shall tenninate ten days after the mailing of such notice. In the event this agreement is tenninated 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. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 4 . .~~~""'"~. ",'-'"'"' - "--,,-,'., () AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE 1 FOUND A TION 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 3 organization. 4 5 6 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: Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411 San Bernardino, CA 92407 Attn: Margaret Hill, President o o 5 . 1 () 2 3 4 5 6 7 8 9 10 11 - . -, . ... -- , - ........ ~~. .~.,- .. AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC Al';'D PROMOTION FUND. 10. Entire Agreement. 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. In witness whereof, the parties hereto have executed this agreement on the day and date 12 first above shown. 13 CITY OF SAN BERNARDINO 14 By. 0 15 Judith Valles, Mayor 16 SAN BERNARDINO BLACK CULTURE FOUNDATION 17 18 By. Margaret Hill, President 19 ATTEST: 20 21 By: City Clerk 22 23 Approved as to form and legal content: 24 James F. Penman 25 :~~A~~II~ 26 0 27 28 6 . 1 0 2 3 4 5 6 7 8 9 10 -- - - --'-%"'""" __,""N~'_-'________'_H'_'_ -,-.--.-. 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: I. Recitals. A. Organization has requested financial assistance from City for the 11 Fiscal year 2004/05, in order to assist in defraying the expenses connected with the conduct of 12 events related to their 2005 Black History Week celebration, as outlined in their Request for 13 14 Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit C 15 "A". The terms of the request are incorporated herein by reference and shall govern the uses of 19 20 21 22 23 24 25 26 0 27 28 16 the funds provided herein. The financial assistance provided for in this agreement is made on a t 7 one-time basis, and receipt of said funds shall not imply a continuing obligation of the City 18 beyond the terms of this agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their 2005 Black History Week celebration ---and Black History Parade scheduled for February 5,2005. 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to organization from the civic and promotion fund budget for the 2004/05 fiscal year, the total sum of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500). . 1 () 2 3 4 5 6 9 10 11 12 13 ~ ~~.~ ~~~" "~'~~~H ~ O'~"~~,~~, .~.._~~~~,,~,~ AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND PROMOTION FUND. 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 7 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 8 Organization. 4. Accountability. 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 14 C) 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 19 City with any and all receipts relating to accOlJnting of expenditures if so requested by City. If 20 21 Organization does not submit an accounting of expenditures and revenues which City deems 22 appropriate, such failure will result in the Organization reimbursing the. City in the full amount 23 received by Organization. 24 25 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold 26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers, C) 27 28 attorneys, employees and agents from all liabilities and charges, expenses (including counsel 3 . 1 () 2 3 4 5 6 7 10 11 12 13 14 C) 15 18 19 20 21 22 23 24 25 26 C) 27 28 c....~~.. ... _~'c~,c_ ... cc__c_..____. j '.'- AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND PROMOTION FUND. 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. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shaIl be considered as "counsel fees" 8 9 for the purposes of this paragraph. 6. Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shaH maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionaHy insured. Said coverage shaH require ten (10) day written notice to the City if insurance is 16 terminated or materiaIly altered. 17 7. Termination. City shaH have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shaIl 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 shaIl be returned to City. In addition, Organization shaIl reimburse to City any funds expended which were used for any purpose other than those authorized under this agreement. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 4 . c~-,~= "'k'F" ",.m",'c-r"'"'""~ "-"'""~';:r--", m . AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE 1 FOUNOA TION 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 3 organization. ~ ~ 4 5 9. Notices. All notices herein required shall be in writing and delivered in person or 6 7 Sent by certified mail, postage prepaid, addressed as follows: 8 As to City: 9 City of San Bernardino 10 300 North "0" Street 11 San Bernardino, CA 92418 12 Attn: City Administrator 13 14 15 11/ 16 1/1 17 11/ 18 /II 19 11/ 20 1/1 21 22 11/ 23 /II 24 1/1 25 1/1 26 1/1 27 /II 28 As to Organization: Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411 San Bernardino, CA 92407 Attn: Margaret Hill, President 5 ""'-'^ ""'-,_.," o C) () . , 'o'.. ~.'" . m.~ '~-'.-' _...~." _0" " .,,~. . ",~~T_~~~r,~r"..' .'~ ., -'T'~~"-'-'P' .....-.~::""":~~_.. ~~."._ AGREEMENT BETWEEN CITY OF SAN BERNARDINO A1\TO BLACK CULTURE I FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2004/05 CIVIC AND PROMOTION FUND. 2 3 4 5 10. 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 7 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 8 9 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. 10 .II In witness whereof, the parties hereto have executed this agreement on the day and date 12 first above shown. 13 14 15 CITY OF SAN BERNARDINO By. Judith Valles, Mayor SAN BERNARDINO BLACK CULTURE FOUNDATION By. Margaret Hill, President James F. Penman : :~YA~~~~ 27 28 6 ., ~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM /'" M"tingI;'le (Dale Ad~" :Ii t6 Item # 3 Vote: Ayes -X2 Nays k Abstain Change to motion to amend original doc ments 0 / Companion Resolutions Null/VoidAfter: ~O days/ ~- OS Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 RECORD W/COUNTY 0 Date Sent to Mayor: Date of Mayor's Signa Date of Clerk/CDC Signature: '~ I Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: , Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): 'copies Distributed to: ("t \ Animal Control ~r;J-- City Administrator ~ 'City Attorney Code Compliance 0 Deve~t:ervices 0 YA..Othel":~ ~ ,- I "i EDA o ~ Facilities Finance Fire Department o o Human Resources Resolution # (jtJ()~ 3'1 , Absent By: Reso. Log Updated: 6 / Seal Impressed: ~ Not Returned: 0 Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Information Services Parks & Recreation Police Department Public Services Water Department o o o o o Notes: Ready to File: -L-- 7/;' Date: Revised 12/18/03 ~~ ,,-,-~"""" ' '... ,. .,.' ."''''~ '.7....'.^~~". ::. . -- ",' OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North uD" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us February 2,2005 Margaret Hill, President Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411-0288 Dear Ms. Hill: At the Mayor and Common Council meeting of January 24, 2005, the City of San Bernardino adopted Resolution 2005-34 - Resolution authorizing the 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. Enclosed is one (1) original agreement and two (2) duplicate original agreements. Please sign in the appropriate locations and return the original agreement and one (1) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days, or by March 23, 2005. If you have any questions, please do not hesitate to contact me at (909)384-5002. ... Eileen Gomez Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED S~RED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty CULTURE FOUNDATION ~ llan:us Houaton 2nd Vice Pruident Charles Burris TI'8IItIIIfW Genevieve G. EchoIa Secnaty ADlnSORS W. Robert Fawke Margaret Hili Ida N. Roberson Juanita H. Sco~ Ph.D. SybIe M. Tompkins CORPoRATE SPoNsORS SAN-MANUEL MNDOl'~MI$I~ INDIANS SPoNsORS Anheuser-Busch Anowhead Credit Union CommunitY HOSIHtaI Of San semardlno Edison international The Gas Company ~ " T <",.~,. "7"---'-='---'~ :--'r - "~.;_LL.:_ ':'~~:"._,.-,-,:_-:'::-:\'~'~"<~""";-",,;~-~~- SAN BERNARDINO BLACK CUL TURE FOUNDA TION SAN BER:A~D~::'~ ~~~jliI1fazii( C! [ilK Tax I.D. No. 95-387413~5 FEe 22 ,~11 :11 February 15, 2005 City Of San Bernardino Office of the City Clerks 300 North "D" Street San Bernardino, Ca. 92411-0288 Attn: Eileen Gomez, Senior Secretary Re: Resolution number 2005-34 Dear Ms. Gomez, I am in receipt of your correspondence addressed to our past President, Margaret Hill requesting execution of an agreement with the City Of San Bernardino, authorizing the Resolution. Please be advice, the San Bernardino Black Culture Foundation had a change of Officers effective September 24, 2004. Margaret Hill, no longer being our President, I am returning your documentsfor correction naming, Frank Washington III as President. Should you have any questions, pleasefeelfree to call me at (909) 874-3'163. Enclosure --_.'" T~-/->>' - ~ .17T.....--_.._.~~."""=.,~-.-l_..~_>>.. . OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us February 23, 2005 Frank Washington III, President Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411-0288 Dear Mr. Washington: At the Mayor and Common Council meeting of January 24,2005, the City of San Bernardino adopted Resolution 2005-34 - Resolution authorizing the 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. Enclosed are one (1) original agreement and two (2) duplicate original agreements, executed by the Mayor, City Attorney and City Clerk. Please sign in the appropriate locations and return the original agreement and one (1) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please keep one (1) duplicate original agreement for your records. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days, or by March 23,2005. If you have any questions, please do not hes' tate to contact me at (909)384-5002. Sincerely, Eileen Gomez Senior Secretary Enclosure CITY OF SAN BERNARDINO