HomeMy WebLinkAbout1987-023
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RESOLUTION NO. 87-23
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BLACK HISTORY
3 PARADE COMMITTEE, INC. RELATING TO FUNDING FOR THE ANNUAL
BLACK HISTORY WEEK PARADE.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said
9 City an Agreement with the San Bernardino Black History Parade
10 Committee, Inc. relating to funding for the Annual Black
11 History Week Parade, a copy of which is attached hereto,
12 marked Exhibit "A" and incorporated herein by reference as
13 fully as though set forth at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
reolllar
meeting thereof, held on
17 the lqrh day of
18 vote, to wit:
,l;:r;nl1?1ry
, 1987, by the following
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AYES:
Council Members Estrada. Reillv. Hernandez.
Ouiel. Frazier. Strickler
NAYS:
None
ABSENT:
None
~44U6
C'ity Clerk
1/19/87
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1 The foregoing resolution is hereby approved this ~o~ day
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of
.1;:anll.:::lry
, 1987.
Approved as to form:
~~.~9
City At orney
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AGREEMENT
(Community Organization)
THIS AGREEMENT is entered into at San Bernardino,
California, between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "city", and SAN BERNARDINO BLACK
HISTORY PARADE COMMITTEE, INC., a nonprofit community
organization, referred to as "Organization".
City and Organization agree as follows:
1. Recitals.
(a) Organization has requested financial assistance
from City for the fiscal year 1986-1987.
(b) Organization represents that the expenditures
authorized by this agreement are for a valid municipal public
purpose. The purpose is sponsoring the Annual Black History
Week Parade.
2. Pavment. City shall pay to Organization the total
sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) at such
time or times as determined by the Finance Director of City in
his sole discretion.
3. ~. This agreement shall commence January 20,
1986, and terminate June 30, 1987.
4. Use of Funds. The funds paid to Organization shall
be used by it solely for the purpose set forth in Paragraph
l(b) of this agreement. At the end of the term, all
unexpended funds shall be returned to City by Organization.
5. Accountina. Prior to the final payment under this
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agreement, and at such other times as may be requested by the
city Administrator or Director of Finance of City, the
Organization shall submit to the city Administrator, with a
copy to the Director of Finance, an accounting of the proposed
and actual expenditures of all revenues accruing to the
organization for the fiscal year ending June 3D, 1987.
Financial records shall be maintained by Organization in
accordance with generally accepted accounting principles, in a
manner which permits city to trace the expenditures 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.
6. ADDroval of city of Anv Charaes. city reserves the
right to require Organization to obtain the prior written
approval of City of any charges or fees to be charged by
organization, and of any rules and regulations governing the
services.
7. TemDorarv Withholdina. The City Administrator, with
the concurrence of the Mayor and Common Council, is authorized
to temporarily withhold or terminate the payment of funds to
Organization when the City Administrator determines that any
violation of the agreement has occurred. FUnds shall be
withheld until the violation is corrected to the satisfaction
of the City Administrator and Mayor and Common Council.
8. Hold Harmless. Organization agrees to indemnify and
save harmless the city and its employees and agents from all
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liabilities and charges, expenses (including counsel fees),
suits or losses however occurring, or damages arising or
growing out of the use or receipt of funds paid under this
agreement, and all operations under this agreement. Payments
under this agreement are made with the understanding that the
City is not involved in the performance of services or other
activities of Organization. Organization, and its employees
and agents are independent contractors and not employees or
agents of city.
9. Standards. Organization agrees to comply with the
provisions of "section h Recommendations", of a portion of a
report entitled "Report of the Special Council Subcommittee
for Social Service Funds" dated and adopted on February 18,
1975, and on file in the Office of the City Clerk of city, a
copy of which has previously been provided to Organization.
10. Termination. City shall have the right to terminate
this agreement and any funding of organization for any reason
by mailing a ten-day written notice to Organization and this
agreement shall terminate ten days after the mailing of such
notice.
11. Amendment. This agreement may be amended or
modified only by written agreement signed by both parties and
failure on the part of either party to enforce any provision
of this agreement shall not be construed as a waiver of the
right to compel enforcement of any provision or provisions.
12. Assianment. This agreement shall not be assigned by
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1 Organization without the prior written consent of city.
2 13. Notices. All notices herein required shall be in
3 writing and delivered in person or sent by certified mail,
4 postage prepaid, addressed as follows:
city Administrator
City Hall
300 North "0" street
San Bernardino, CA 92418
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San Bernardino Black History
Parade Committee, Inc.
c/o Jim King
Southern Cal. Gas Company
624 W. Fourth Street
San Bernardino, CA 92417
DATED:
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'''7 /1 /111
CITY OF SAN BERNARDINO
ATTEST:
By ~d~<) /llr'
/ M yor /
~..61~
City Clerk
SAN BERNARDINO BLACK HISTORY
PARADE COMMITTEE, INC.
Approved as to form:
~,,",,->~j&'~?~
- -
City Attorney
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