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HomeMy WebLinkAbout11-City Manager c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson City Manager Subject: Request for civic & promotion funding & waiver of fees for the Black History Parade to be held February 2, 2008 Dept: Date: January 8, 2008 MlCC Meeting Date: 1/22/08 Synopsis of Previous Council Action: 1/22/07 Approved by Mayor and Common Council Recommended Motion: 1. Adopt resolution; and 2. Authorize direct funding in the amount of $4,500 and indirect funding in the amount of 20,431 be transferred from the 2007-08 civic and promotion fund to various City departmental accounts as listed in the attached Staff Report; and authorize a waiver of fees and use of City personnel and equipment to assist with the 2008 Black History Parade scheduled for Fe a!)', 2008. Contact person: ~r~rt Wiletnn Phone: <;1?? Supporting data attached: Ward: 1 yes FUNDING REQUIREMENTS: Amount: $4,500 direct; $ 20,431 indirect Source: (Acct. No.) 001-091-5186 (A~t"t n~c::~rirtinn) I""i\lir it prnmntinn Finance: Council Notes: li~Jb( No. J) STAFF REPORT c Subiect: Request for civic and promotion funding for the 2008 Black History Week activities and parade, and waiver of fees for use of personnel and equipment to assist with event. Backl!round: 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 2, 2008. 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 $20,431. Funding in the amount of $20,431 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. There is an approximate $500 increase in indirect funding due to increased personnel costs. Per the agreement, the organization submitted an accounting including receipts for the 2007 event which has been reviewed and accepted by the City Manager's Office. Departmental Accounts Amount c Police Parks & Recreation Public Services Development Services $ 16,953 security/vehicles $ 2,628 labor/equipment $ 250 street sweeping $ 600 barricades/signs placement/removal Total $ 20,431 Non waivable fees and refundable security deposits. Traffic Engineering $ 500 barricade deposit Financial Impact: Direct funding in the amount of $4,500, and a waiver of fees for City personnel and equipment in the amount of $20,431 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 07 -08 civic and promotion fund which indicates the availability of funding. Recommendation: Adopt resolution; and Authorize direct funding in the amount of $4,500 and indirect funding in the amount of $20,431 be transferred from the 2007-08 civic and promotion fund to various City departmental accounts as listed in the attached Staff Report; and authorize a waiver of fees and use of City personnel and equipment to assist with the 2008 Black History C Parade scheduled for February 2, 2008. I li~ ,~ lllill III ~ <2i ~ j ..~ N ~ .. cO S; S co ;;; C '" 1::1 a;..: 8" !Ii ,.; ,.; 2 ~~ '" .. I ~ I .., I c .t .. I.. .. .. .. .. .. .. - I :!1 88 8 ~ ~ 8 III .. Iii U ~ ~ ~ ~ I I~ III 1: .. 06l1i oj '" lli 06 lil ! . I I , .. , J I 1'1 I ~ I' I .. .... tit ...1 1M- .. I , .. 818 8 i! I~ ,~ 1 j ~I~i I~ ~- I~ ~ 1 I c l06l1i oj '" '" '" ! ~ '" 1 " ' , 1: I I I i i ; I ~ ' , I ' I ' 1 ' I ' I ! J I.. .. .. ..1..1 I.. , II I 1~8 ~I i!1 ~ I~~ ' I I , j I ~ili ~_' I~l. I'~~ I ' ' .. ~I II . I l06l1i ~ I~: I ""2 .. Ii Iii I I II ' I I '" I I 1 'sl 1: I , ..I I, II I;:: j i';; I , i I , .... .. .. --I t 0:> I! I II ' II! II I~'~ c I:5F, 109 ! , , I' i 'I , I I I j Ij illiJ idll ilDOI - I ! j '~::EI ~ , I I ! 'lj- 1rli! ~ I :c~ I .. '6 .... I r ! ! ! 010 I I~~ ! I lUll.! .g .1: If I I g ; l~' i u I I 0 C U) I~ I~ 11 ~ :> ~ "I.~ I! I 1 .. E "2 .. ~ 1"- . I . I~ .2 Gi"~ lill I~I I i I II J 'Qi i E I I ! ~I '_I I~ 1111 c .~! I~ l.c if! < u.. ' ,IU ID I II II'J i II 1 1 , 1 Is II I~ I !II I c .. illl 10 C I 1 !I ~ II~ ~ ~ i It "5 = I ,lil l! Iii , ~ I Ii I~' II~I I I iel I II C I 0 I 'I ~ 1 ,~I I I lEI 1 ~ ....! E cl ~i I I c3 i I c ~'I~ j ~I I~' 115' 111 i I I II ~ I.~ ~ ~I ligl is!i Iii I "ii I II Ii I I I IP' I I C I I ! I i I i I I c h II I, I, I I~ " ,~ 8 i811s! Is I i I I Ii I' , 1..1 Iii I~I I~. I~II~I is I I I~I I~i I::, !~! 15 I ! San BllIlIrlIllo BLACK ;;;0;.- CULTURE FOUNDlnoN T ExECUTIVE COIIIIITTEE Frank Washington, II' Presideiit Thomas J. Gueston, Jr. 1st VIc:e PresIdent MafCUs Houston 2nd Vice PresIdent Charles Bums Tteasurer Genevieve G. Echols secretary ADVISORS W. Robert Fewlre Me'!1e,.t HII' Ide N. Robenson C..nn. H. Scott, Ph.D. yble M. Tomp/clns CORPORA TE SPONSORS ~~Ity1~~~~~ SPONSORS Anheuser-Busch Arrowhead Credft Union Commu~ Hospital of San Bfimardlno Edison international C. Gas Company SAN BERNARDINO BLACK CUL TURE FOUNDA TION P. O. BOX 7288 SAN BERNARDINO, CA 92411-0288 Tax I.D. No. 95-3674139 November 16, 2007 Mayor and Canron Council City of San Bernardino 300 North D Street San Bernardino CA 92418 Re: 2008 Black History Parade The 39th Annual Black History Parade will be held at 10:00 A. M., Saturday, February 2, 2008. The parade is to start at Eighth and E streets, proceed south and end at Second and E streets. As a non-profit organization, we request financial assistance fran the city to defray the cost of the parade and its other activities, as reflected in the attached budget. Request a waiver of fees and support services, closing of streets, and placing of barricades along the parade route. Additionnaly, we request the loan and delivery of the following: a. One large stage to be placed in front of the Carousel Mall along with forty chairs which will be used to seat our special guests. b. Red. white, and blue bunting to decorate the stage. c. Bleachers fran the City of San Bernardino and crews to transport the bleachers. A Hold Harmless Agreement has been prepared and a map of the parade route is attached. We have obtained sufficient insur- ance to cover all events and a copy of the insurance binder is attached. Should you require additional information, please contact Mr. Thomas Gueston at (909) 884-4173. Thank you for considering our request and we hope to hear fran you soon. Sincerely, Frank Washington President Enel SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) came of Organization 'San Bernardino Black Culture Foundation Address P. o. Box 7288, San Bernardino CA 92411 Contact Person Phone Fax ,..,,~~..~~ IM\n\ --. ".,~ ,-- Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes..!..- No - Date of Event Location Estimated No. of Attendees February 2, 2008 Eighth and North ~ Streets 10,000 Purpose of Funding 2008 Black History Month activi ties consistin~ of Miss San Bernardino Pageant, crowning of Senior King and Queen, nnual Parade, Black History Ball, and Gospel Program. PROPOSED CURRENT BUDGET A. REVENUES: (List all anticipated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorshios U~~~;..~, 1.., I:;nn\ 1"'00 Calif Edison ($1 0001 Southern Calif Gas 1'1:1 0001 C Reaistrations 0 Promotions, concessions, souvenirs. oroaram sales n Donations n~. ~ In Kind Services IOther than Citv Services) .,.~ 2000 Loaned Vehicles ($1,000), Matich Corp ($500), Private Vehicle Owners ($500) Total Dollar Amount Reauested of Citv 4"'00 A. TOTAL PROPOSED REVENUES ,1:;,,1:; c REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) q::~:;~~;~~~7~::"DA;:OR:e::::;;:~~::~:1:=;oundation B. EXPENDITURES: (Include all known direct expenses connected with event) EXPENSES AMOUNT TOTAL Personnel/Salaries n Permits 65 Fire 0 Business License 0 ABC n Other 0 Insurance City of San Bernardino (attached Yes No \ Hlnn Park Damaae Bond 0 Park Clean Uo DeoositlDamage Bond n Security S.B.P.D. 0 Private Security 400 Other I) Advertisina Radio 0 Newsoaoer n ( Banners 300 Fivers 25 Other (Signs) 4UU Entertainment Music 200 Sound Svstem 200 Other 0 Promotional Items Troohies ({""mhin.." with PlarTuesl 2000 Ribbons and/or Plaaues 0 T-Shirts 500 Other (Printinq Brochures) 1200 Sanitation Portable Restrooms - Public Services 375 SDecial Events (Miss BlaCK san Bernaro~no t'ageam: I 1500 Banauets Facilities 7000 Parade (Black Culture Foundat~on Float) 500 Other - Parks, Recreation .~~ "i"~ .. 150 B. TOTAL PROPOSED EXPENDITURES *" (SEE ATTACHED) 19615 Summary: A. Total Revenues C B. Total Expenditures C. Total Fee Waivers - (from Part III) $ 15115 $ 1 \l91 S $ D. Total Amount Requested $ 4<;00 REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) OAME OF ORGANIZATION: s~ ~="'rnilm F\l""k C'111t-llr.. Fnllnn"t-inn (List all City services for which you are requesting fee waivers) C. Fee Waivers AMOUNT Police Security Traffic Control Other Fire Site Insoections Crowd Control Facilities Sound Svstem Civic Center Use Permit Public Services Refuse Bins Street Sweeoina C Oevelopment Services Plannina TUP Buildina Other (Explain) Total Amount of Fee Waivers tin-Kind Services I For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance c C) "l t'l - CIl CIl CIl '1:l r1'11 r1' rT' l'1 0 11 l'1 ll) l- ll) ll) ll) ~ ll) ll) r1' rT' rT' C III - 9th street Oiv 1 "0 8th ill Street rli" , l'1 niU' 3 sturges - c. 0 Auditorium ll) CIl 7th street "in d ~Police " I ;+Station , Victoria tIl I 6th Street I Public I Library 5th street c c t'lCll :lrT' r1'1II . l'1 C. ill.... :Ie (') B ll) 'C 4th Street s i I-co=t Street ~ Court Street Square Carousel Mall 2nd street Rialto Arrowhead Credit Union Park . 280 south E Street c c c HOLD HARMLESS AND INDEMNIFICATION LicenseelPemrittee 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 indirectly out of this agreement. LicenseelPermittee shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of 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 LicenseeIPermittee or the City or to enlarge in any way the LicenseelPermittee'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 LicenseelPermittee's performance hereunder. November 16, 2007 Dated San Bernari'lino Black Culture LicenseelPermittee By Frank Was' gton III Title res (Attach a certified copy of documentation, which will authorize Applicant to contract on behalf of corporationlbusiness.) 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 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CMC AND PROMOTION FUND FOR FY 2007/08. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager 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 2007/08, 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. II/ II/ II/ II/ II/ II/ II/ II/ II/ II II/ 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 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 2007/08. 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 day of , 2008, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, :~~ 2 "EXHIBIT A" AGREEMENT Civic and Promotional AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 3 3. Use of Funds. 4 The funds paid to Organization shall be used solely for the purposes set forth in 5 Paragraph I above. No deviation from these provisions shall be made without the express 6 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 7 8 9 Organization. 4. Accountability. Financial records shall be maintained in accordance with generally 10 11 accepted accounting principles by Organization in such marmer as to permit City to easily trace 12 13 14 15 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 submit 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 16 17 18 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 19 any and all receipts relating to accounting of expenditures if so requested by City. If 20 Organization does not submit an accounting of expenditures and revenues which City deems 21 22 23 24 25 26 27 28 appropriate, such failure will result in the Organization reimbursing the City in the full amount received by Organization. S. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indenmif)', 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 2 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt 3 4 made with the understanding that the City is not involved in the performance of services or other 5 ofthe funds paid hereunder and all operations under this Agreement. Payments hereunder are 6 activities of Organization. The costs, salary and expenses of the City Attorney and members of 7 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 8 for the purposes of this paragraph. 9 10 6. Insurance. While not restricting or limiting the foregoing, during the term of this 11 12 automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single 13 14 15 16 17 18 agreement, Organization shall maintain in effect policies of comprehensive public, general and 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 19 20 21 22 23 24 25 26 27 28 to Organization and this agreement shall terminate ten days after themailingofsllchnotice.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 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 3 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 make the adherence to the obligations imposed by this agreement a binding obligation ofthe 3 organization. 4 9. Notices. 5 All notices herein required shall be in writing and delivered in person or 6 Sent by certified mail, postage prepaid, addressed as follows: 7 As to City: As to Organization: 8 9 10 11 12 13 I I I 14 15 16 17 18 19 20 21 22 23 24 25 City of San Bernardino Black Culture Foundation 300 North "D" Street P.O. Box 7288 San Bemardino, CA 92418 San Bernardino, CA 92411 Attn: City Manager Attn: Frank Washington ill, President III III III III III III III III III III 26 III 27 28 4 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CNIC AND 1 PROMOTION FUND. 2 3 4. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 7 8 9 10 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. Ip witness whereof, the parties hereto have executed this agreement on the day and date 11 first above shown. 12 13 14 15 16 17 18 ATTEST: 19 20 By: City Clerk 21 22 Approved as to form: 23 24. James F. Penman City Attorney 25 By: 26 27 28 CITY OF SAN BERNARDINO By. Fred Wilson, City Manager SAN BERNARDINO BLACK CULTURE FOUNDATION By. Frank Washington III, President 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 f 18 19 20 21 22 23 24 25 26 27 28 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 nort-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. A. Organization has requested financial assistance from City for the Fiscal Year 2007/08, in order to assist in defraying the expenses connected with the conduct of events related to their 2008 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 "A". The terms of the request are 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 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 conduct of events related to their 2008 Black History Week celebration and Black History Parade scheduled for February 2, 2008. 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 2007-08 fiscal year, the total sum of $4,500. AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 3 3. Use of Funds. 4 The funds paid to Organization shall be used solely for the purposes set forth in 5 Paragraph I above. No deviation from these provisions shall be made without the express 6 7 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by Organization. 8 9 10 11 accepted accounting principles by Organization in such manner as to permit City to easily trace 4. Accountability. Financial records shall be maintained in accordance with generally 12 the expenditure of the funds. All books and records of Organization are to be kept open for 13 inspection at any time during the business day by the City or its officers or agents. Failure to 14 submit the financial records in accordance with this section will result in the Organization 15 16 17 18 19 20 21 22 23 24 25 26 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 appropriate, such failure will result in the Organization reimbursing the City in the full amount received by Organization. 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnity, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, 27 attorneys, employees and agents from all liabilities and charges, expenses (including counsel 28 2 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 fees), suits, .or lasses, haw ever .occurring, .or damages arising .or grawing aut .of the use .or receipt 3 4 made with the understanding that the City is nat invalved in the perfarmance .of services .or ather 5 6 7 8 .of the funds paid hereunder and all aperatians under this Agreement. Payments hereunder are activities .of Organizatian. The costs, salary and expenses .of the City Attarney and members .of his .office in enfarcing this Agreement an behalf .of the City shall be cansidered as "caunsel fees" far the purpases .of this paragraph. 9 10 11 12 13 autamabile liability insurance, in the amaunt .of $1,000,000, per .occurrence cambined single 6. Insurance. While nat restricting .or limiting the faregaing, during the term .of this agreement, Organizatian shall maintain in effect palicies .of camprehensive public, general and 14 limit, naming the City .of San Bernardina, its .officers, emplayees and agents, as additianally 15 16 17 18 19 20 21 22 23 24 25 26 27 28 insured. Said caverage shall require ten (10) day written natice ta the City if insurance is terminated .or materially altered. 7. Terminatian. City shall have the right ta terminate this agreement by mailing a ten-day written natice ta Organizatian and this agreement shall terminate ten days after themailingafsuchnatice.In the event this agreement is terminated far reasans .of improper use .of funds .or use .of funds far any purpase ather than thase autharized, any unexpended partian .of the funds provided by City shall be returned ta City. In additian, Organizatian shall reimburse ta City any funds expended which were used far any purpase ather than thase autharized under this agreement. 8. Autharizatian ta Execute. Organizatian hereby cavenants that it has taken all actians necessary ta 3 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 3 4 make the adherence to the obligations imposed by this agreement a binding obligation of the organization. 9. Notices. 5 All notices herein required shall be in writing and delivered in person or 6 Sent by certified mail, postage prepaid, addressed as follows: 7 As to City: As to Orgauization: 8 9 10 11 12 13 / / / 14 City of San Bernardino Black Culture Foundation 300 North uD" Street P.O. Box 7288 San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Manager Attn: Frank Washington Ill, President 1// AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CNIC AND 1 PROMOTION FUND. 2 3 10. Entire Agreement. This agreement and any documents or instruments attached hereto or 4 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 7 8 9 10 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 11 first above shown. 12 13 14 15 16 17 18 ATTEST: 19 20 By: City Clerk 21 CITY OF SAN BERNARDINO By. Fred Wilson, City Manager SAN BERNARDINO BLACK CULTURE FOUNDATION By. Frank Washington III, President 22 Approved as to form: 23 24 25 James F. Penman City A~omy . BY~_ 26 ~ 27 28 5 Exhibit A SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Name of Organization San Bernardino Black Culture Foundation Address P. O. Box 7288, San Bernardino CA 92411 Contact Person Phone Fax ml.___ ~..__.._- 10"0\ QQA A1"~ 1 . Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes..E- No - Date of Event Location Estimated No. of Attendees February 2, 2008 Eighth and North ~ Streets 10,000 Purpose of Funding 2008 Black History Month activi ties consistin~ of Miss San Bernardino Pageant, crowning of Senior King and Queen, nnual Parade, Black History Ball, and Gospel Program. PROPOSED CURRENT BUDGET A. REVENUES: (List all anticipated revenues other than City of San Bernardino) AMOUNT TOTAL Soonsorshios B-n {<t1.linnl ~linn Calif Edison {$1 .oooi. Southern Calif Gas ($1 0001 Rellistrations 0 Promotions, concessions, souvenirs, oroaram sales ^ . Donations --- - In Kind Services IOther than City Services) A....~ n. .1 2nnn Loaned Vehicles ($1,000), Matich Corp ($500), Private Vehicle Owners ($500) Total Dollar Amount Reauested of Citv 4li(ln A. TOTAL PROPOSED REVENUES 1 ~11 ~ 1 REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) MUST BE SUBMITTED TO CITY MANAGER'S OFFICE 60 DA YS PRIOR TO EVENT FOR WHICH FUNDING IS REQUESTED. NO EXCEPnONS. NAME OF ORGANIZATION: San Bernardino Black Culture Foundation B. EXPENDITURES: (Include all known direct expenses connected with event) EXPENSES AMOUNT TOTAL Personnel/Salaries . 0 Permits 65 Fire . 0 Business License 0 ABC n Other , 0 Insurance City of San Bernardinoiattached Yes No ) 41HliL Park Damaae Bond - - 0 Park Clean Up Deposit/Damaae Bond 0 Securitv S.B.P.o. 0 Private Securitv 400 Other 0 Advertisil19 Radio 0 Newspaper n Banners 300 Fivers 25 Other (Signs) qUU Entertainment Music 200 Sound Svstem 200 Other v Promotional Items Troj;>hies lined with Plaques) 2000 Ribbons and/or Plaaues . 0 T-Shirts 500 Other (Printing Brochures) 1200 Sanitation Portable Restrooms - Public Services 375 Special Events (Miss B.laCK San BernaroJ.no J:'agean{;) 1500 Ballguets Facilities 7000 Parade (Black Culture Founoa{;J.on r'.loat:) 500 Other - Parks, Recreation I, Tn~ R. ~ 150 B. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHEDI 1Q615 Summary: A. Total Revenues B, Total Expenditures C. Total Fee Waivers- (from Part III) $ 15115 $ 19615 $ D, Total Amount Requested $ 4<;00 2 REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) NAME OF ORGANIZATION: Sal) Be=",rrJinCl Rl..",l( ('nlhm' F'nnn<'!"t-inn (List all City services for which you are requesting fee waivers) C. Fee Waivers AMOUNT Police Securitv Traffic Control Other Fire Site Insoections Crowd Control .- Facilities Sound Svstem Civic Center Use Permit Public Services Refuse Bins Street Sweeoina Develooment Services Plannina TUP Buildina Other IExolain\ Total Amount of Fee Waivers (In-Kind Services) For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance 3