HomeMy WebLinkAbout1979-362 !i
1 RESOLUTION NO.
2 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
(EXECUTION OF AN AGREEMENT WITH BLACK. .HISTORY WEEK PARADE COMMITTEE
3 RELATING TO FUNDING FOR THE ANNUAL BLACK HIS^10RY WEEK PARADE. ~
4 BE IT RESOLVED BY THE bIAYOR ANll COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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j 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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8 Ian Agreement with Black History Week Parade Committee relating to ~~I
9 !funding for the annual Black History Week Parade, a copy of
10 !which is attached hereto, marked Exhibit "A" and incorporated
ll ,therein by reference as fully as though set forth at length.
l2 I HEREBY CERTIFY that the foregoing resolution was duly
13 (!adopted by the Mayor and Common Council of the City of San ~
to ~ Bernardino at aM,,,/,aHf~11fN ~s~v - meeting thereof , held
da'"~of 1979, by the following ~
t5 ~ on the 1~ y ~.~nof~if/,D
16 vote, to wit:
17 AYES: Councilmen/ ~~~~%5.
18 ~--~~n2~a~2a o!:~4~r~ `T .G7~ ~~d
~ r r
19 NAYS : ~~Yj~la,,cd.~zp~7 ~~!u~da
20 ABSENT : CxC./7!f_`l1?fP ~J ~-~i.`^~.~rJ
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22 City Clerk
23 The foregoing resolution is hereby approved t l~~-' day
24 f v~~/</ 5 19 7 9 .
25
r o Sa ernar ino
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Approved as t/o form:
28 G~/~
City Attorney
1 i A G R E E M E N T I
2 (Community Organization)
3 I THIS AGREEMENT is made and entered into this / 7~day of
q 7-Fncc~:Q~- , 1979, by and between the CITY OF SAN ~
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5 BERNARDINO, a municipal corporation, hereinafter called "City",
6 I' and BLACK HISTORY WEEK PARADE COMMITTEE, a nonprofit community
7 'I organization, hereinafter called "Organization". ~
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S I W I T N E S S E T H•
9 WHEREAS, the Mayor and Common Council of the City of San
t0 I~ Bernardino are willing to appropriate certain funds from the
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u ~ General Fund or special funds for the use of various community
t2 organizations upon certain conditions and with the. understanding
t3 that receipt of said funds shall not imply a continuing obligation)
tq of the. City beyond the term of this agreement; and
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is WHEREAS, Organization has represented that the expendi-
16 tunes authorized by this agreement are for valid municipal public
t7 purposes, to wit: sponsoring the Annual Black History Week
18 Parade,
t9 NOW, THEREFORE, it is mutually agreed between the parties
20 hereto as follows: ~
21 1. The City shall pay to Organization the total sum of
22 Three Thousand Dollars ($.3,000.00) at such time or times as
23 determined by the Finance Director of City in his sole discretion.
24 2. The funds paid to Organization shall be used by
2g it solely for the purposes set forth in the last Whereas Clause
26 of this agreement during the term commencing upon the. execution
27 of this agreement and ending June 30, 1980.. At the end of
28 said term, all unexpended grant .funds shall be returned to the
t City by Organization, j
2 3. At .such times as may be requested by the. City Adminis
3 trator or Director of Finance of City, Organization shall submit
a to the City Administrator, with a copy to the. Director of Finance
5 ' an accounting of the proposed and actual expenditures of said
6 funds, including the line item amounts. and purposes for which
7 said funds have been spent or obligated. Fiscal records shall
8 be maintained by Organization in such a manner as to permit
9 the City to easily trace the. expenditures of the funds. All
10 books and records of Organization are to be kept open for inspec-
u I tion at any time during the business day by the City or its
i2 officers or agents. The. accounting report shall be submitted
~3 ' by Organization in conformance with established City guidelines.
tq Organization shall comply with any rule or regulation of the
15 ' Mayor and Common Council concerning services provided by organiza+
t6 tions funded with City revenue,. labor, equipment or supplies
t~ as may be now in effect or hereinafter enacted.
t8 4. City reserves the right to require Organization
t9 to obtain the prior written consent of City for the imposition of
20 any charges or fees, and the amounts thereof for such funded
21 activity, and of any rules and regulations governing said
22 activity.
23 5. The City Administrator, with the concurrence of
24 the Mayor and Common Council, is authorized to place a temporary
25 freeze on or terminate the payment of funds to Organization
26 when any violation of the agreement, in the discretion of said
27 Administrator, occurs and the same shall continue until such
28 I violation is corrected to the satisfaction of the. Administrator
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t with the. concurrence of the Mayor and Common Council. ,
2 6. Organization hereby covenants and agrees to indemnify
3 ~ and save harmless the City and its. employees and agents from
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a all liabilities and charges, expenses (including counsel fees),
5 suits or losses however occurring, or damages arising or growing
6 out of the use o= receipt of the funds paid hereunder and all I
~ operations under this agreement; payments hereunder are made
8 with the understanding that the City is not involved in the
9 performance of activities of Organization. Organization and
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t0 its employees and agents are independent contractors and not
11 employees or agents of the City in performing said activities.
12 7. Organization agrees to conform to and abide by the
13 provisions of "Section 1. Recommendations", of a portion of
to a report entitled "Report of the Special Council Subcommittee
15 for Social Service Funds" dated and adopted on February 18, 1975,
16 and on file in the Office of the City Clerk of City.
17 8. If Organization fails to comply. with any term, con-
tg dition or provision of this agreement, or to expend or use the
19 funds as herein provided, tkte City may terminate this agreement b
2Q mailing written notice to Organization, and this agreement
2t shall thereupon terminate forthwith.
22 City shall have the right to erminate this agreement and
23 any funding hereunder for any reason by mailing a ten (10) day
24 written notice to Organization and this agreement .shall terminate
25 ten (10) days after the mailing of such notice; and thereafter
26 any unpaid funds shall not be prorated or paid to Organization.
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IN WITNESS WHEREpF, the. parties hereto have executed this
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2 agreement on the date first hereinabove written,
3 I CITY OF SAN BERNARDINp
4 ~ ATTEST;
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BLACK HISTORX WEEK PARADE COMMITTEE
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10 ~ ` ~ ara e C airman
2 i I Approved as to form:
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!3 ~ i
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City Attorney
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