HomeMy WebLinkAbout2007-021
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RESOLUTION NO. 2007-21
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 2006/07.
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 from the civic and promotion fund for FY 2006/07, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption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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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 2006/07.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Conunon Council of the City of San Bernardino at a j oint regular meeting
thereof, held on the 22nd day of January ,2007, by the following vote to-wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
DERRY
x
KELLEY
~
JOHNSON
x
MCCAMMACK
x
Q~ N.~
~ Clerk
The foregoing resolution is hereby approved this ~ _ day of }:anuary
,2007
~c..~
Tobin Brinker, Mayor Pro Tern
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By: 14--'<' 7- .t~
o
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2007-21
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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.
19 B. The expenditure is for a valid municipal public purpose, to wit: for the
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conduct of events related to their 2007 Black History Week celebration
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22 and Black History Parade scheduled for February 3, 2007.
23 2. Payment.
24 Upon presentation of a claim to the City Finance Director, City shall pay
25 to organization from the civic and promotion fund budget for the 2006/07 fiscal year, the total
26 sum of $4,500,
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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
Fiscal year 2006/07, in order to assist in defraying the expenses connected with the conduct of
events related to their 2007 Black History Week celebration, as outlined in their Request for
Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit
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2007-21
GREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
OUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND
ROMOTION FUND.
3.
Use of Funds.
The funds paid to Organization shall be used solely for the purposes set forth in
approval of the City of San Bernardino. Any unexpended funds shalt be returned to the City by
8 Organization.
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4.
Accountability.
Financial records shall be maintained in accordance with generally
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accepted accounting principles by Organization in such manner as to permit City to easily trace
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the expenditure of the funds. All books and records of Organization are to be kept open for
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14 inspection at any time during the business day by the City or its officers or agents. Failure to
15 submit the financial records in accordance with this section will result in the Organization
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reimbursing the City in the full amount received by Organization. At the conclusion of the
program, Organization shall present the City Manager 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 accounting of expenditures if so requested by City. If
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
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received by Organization.
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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
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2
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2007-21
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
1 FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND
PROMOTION FUND.
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fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt
ofthe 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
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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.
6.
Insurance.
While not restricting or limiting the foregoing, during the term ofthis
12 agreement, Organization shall maintain in effect policies of comprehensive public, general and
13 automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single
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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 insurance is
terminated or materially altered.
7. Termination.
City shall have the right to terminate this agreement by mailing a ten-day written notice
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20 to Organization and this agreement shall terminate ten days after the mailing of such notice. 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
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
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2007-21
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GREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
OUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND
ROMOTION FUND.
ake the adherence to the obligations imposed by this agreement a binding obligation of the
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7 Sent by certified mail, postage prepaid, addressed as follows:
9.
Notices.
All notices herein required shall be in writing and delivered in person or
8 As to City:
9 City of San Bernardino
As to Organization:
Black Culture Foundation
P.O. Box 7288
San Bernardino, CA 924 I I
Attn: Margaret Hill, President
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2007-21
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND
PROMOTION FUND.
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10.
Entire Agreement.
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7 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
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This agreement and any documents or instruments attached hereto or
referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
of conflict between the terms, conditions or provisions of this agreement, and any such document
or instrument, the terms and conditions ofthis agreement shall prevail.
In witness whereof, the parties hereto have executed this agreement on the day and date
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first above shown.
CITY OF SAN BERNARDINO
By.~C~
Tobin Brinker, Mayor Pro Tem
City of San Bernardino
SAN BERNARDINO BLACK CULTURE FOUNDATION
BY~4~~'
Hill, President ;r~
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19 ATTEST:
20 By:~JJ-~
City Clerk
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22 Approved as to form:
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James F. Penman
City Attorney
B([-7L-
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2007-21
SAN BERt"lARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
f'')(hJ 'D'..L A.
Name of Organization
San Bernardino Black Culture Foundation
Address
Post Box 7288, San Bernardino CA 92411
PhonelF AX Contact Person PhonelF AX
(909) 884-4173 (H) Thomas Gueston
Designation of501 c (3) non-profit status of Organization (Attached: Yes_ No~
Date of Event Location Estimated No. of Attendees
, ~nn~ ~ ~.. ~.. _...~... ~~ -~ 1n nnn
Purpose olFunding Funding 2007 Black History Month activities consisting of Miss Black San
Bernardino Paqeant, crowninq of Senior Kl.na & Queen. Black Historv Parade and Ball.
PROPOSED CURRENT BUDGET
A. REVENUES: (List all anticipated revenues other than City of San Bernardino)
AJ'VIOUNT TOTAL
Sponsorships "~n M~nnQ 1 M; "~n<'l -+ _/~~ f\f\f\\ ~"^^
Arrowhead Credit Union ($2,000), Community Hospital ($2,000),
Anheuser Busch {$5001
Re~istrations n
Promotions 0
Donations .RQn
In Kind Services (Other than City Services) Auto Dealers (!t1 000) ,nnn
n_'..~"~ ,,~...,_,~ '~~nn' ;~n l<t"nn\
Total Dollar Amount Reauested of City 4500
A. TOTAL PROPOSED REVENUES 15390
'. 2007-21
.\feST BE SeB.\fITTED TO ClTrADJf/.\1STRATOR'S OFFICE 6{} D4 rs PRIOR TO nE.\'T FOR WHICH FC\DISG IS REOlESTED. SO EXCEPTIO'S.
San Bernardino Black Culture Foundation
NA:\IE OF ORGAi'iIZATIOi'i:
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED Cl'RREi'iT Bl'DGET (PART II)
B. EXPEi'iDITl'RES: (Include all known direct expenses connect with event)
EXPEi'iSES AMOUNT TOTAL
Personnel/Salaries n
Pennits 65
Fire , 0
Bus. Lic. 0
ABC 0
Other 0
Insurance
City of SB Attached (Yes x No ) 5000
Park Oama~e Bond 0
Park Clean Up OepositDama~e Bond 0
Security
S8.PO 0
Private Security 400
Other I n
Advertlsm~
Radio 0
Newspaper 0
Banners lno I
I
Fivers 50
Other (Vehicle Sians) 500
Entertamment I
l\Iusic I .,nn
I
Sound System ?nn I
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Other 0 I
Promotional Items
Troohies 2000
Plaoues I Combined with trodlies) 0
T-Shirts 500
Other I Printinn Brochures 1 1000
Sanitation 375
Portable Restrooms
Soecial Events I.., __ 01 ~~" ,,~~ 1<;nn
Banquet Facilities , 7000
Parade Black Culture Foundation Float) 500
Other (Senior King and Queen) 150
B. TOTAL PROPOSED EXPEi'iDITURES 19890
Summary:
A. Total Revenues
B. Total Expenditures -
S 15390
$ 19890
$ ~ OJ).
D.
Total Amount Requested from City
$ 4')00
C. Total Fee Waivers-
(from Part Ill)
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:'lAME OF ORGANIZATIo~OO~aNBernardino Black Culture Foundation
REQl"EST FOR CIVIC A:'ID PRO:\IOTIO:'l fl':'IDI:'IG (PART III)
REQl'EST FOR FEE WAIVERS
(list all Ctty services for whIch you are requesting fee waivers)
C. Fee Waivers
Pohce
Securi
Traffic Control
Amount
FIre
Site Ins ections
Crowd Control
Facilities
Sound S stem
Civic Center Use Permit
Pubhc Services
Refuse Bms
Street Swee mg
! L'L
Develo ment ServIces
Planning TUP
Buddina
Other (Ex lam)
:.J
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
Facihties
Previous Year's Accounting Reviewed: Admin:
Finance