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Home My WebLink About2008-015 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. 2008-15 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 CIVIC 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 fun_d 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. III /II III III III III III III III III 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 joint Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 22nd day of January, 2008, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA -X- BAXTER x BRINKER x x DERRY KELLEY x JOHNSON x MCCAMMACK x Q~--L /:1. ~ ~Clerk The foregoing resolution is hereby approved this C:>7;1"7ri' day of January 2008. Approved as to form: JAMES F. PENMAN, :;;2::6 2 12 13 14 15 16 17 f 18 19 20 21 22 23 24 25 26 27 28 2008-15 AGREEMENT Civic and Promotional 2. . ' 2008-15 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 Organization. 8 9 10 4. Accountability. Financial records shall be maintained in accordance with generally 11 accepted accounting principles by Organization in such manner as to permit City to easily trace 12 the expenditure of the funds. All books and records of Organization are to be kept open for 13 14 15 16 17 18 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 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 20 21 22 23 24 25 26 27 28 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, (ifrequested 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 2 2008-15 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 of the 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 11 6. Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and 12 13 automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single 14 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 15 insured. Said coverage shall require ten (10) day written notice to the City if insurance is 16 terminated or materially altered. 17 18 19 20 21 22 23 24 25 26 27 28 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shall 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 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 2008-15 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 of the 3 organization. 4 5 9. Notices. All notices herein required shall be in writing and delivered in person or 6 Sent by certified mail, postage prepaid, addressed as follows: As to Organization: Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411 Attn: Frank Washington ill, President 4 2008-15 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND 1 PROMOTION FUND. 2 3 10. Entire Agreement. 4 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 7 8 9 10 This agreement and any docwnents or instrwnents attached hereto or 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 docwnent or instrwnent, 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 By: C{~ 4. ~ 20 City Clerk 21 By. Fred SAN BERNARDINO BLACK CULTURE FOUNDATION By. 22 Approved as to form: 23 24 James F. Penman 25 City A~orny . BY~_ 26 ~ 27 28 5 2008-15 . . 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 ~- '0(\0\ 00" ..~~ , 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 acti vi 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 Sponsorships Ih, '<1:1 <;I'll'll <<;no Calif Edison ($1 0001, Southern Calif Gas ($1 000) Reaistrations 0 Promotions, concessions, souvenirs proGram sales (\ . Donations --- - In Kind Services (Other than City Servicesl LL ?nnn Loaned Vehicles ($1,000), Matich Corp ($500), Private Vehicle Owners ($500) Total Dollar Amount Reauested of City ",<;nn A. TOTAL PROPOSED REVENUES 1<;11<; 1 2008-15 REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) MUST BE SUBMITTED TO CfTV MANAGER'S OFFICE 60 OA YS PRIOR TO EVENT FOR WHtCH FUNDING IS REQUESTED. NO EXCEPTIONS. NAME OF ORGANIZATION: San Bernardino Black Culture Foundation 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 ) 4JHln Park Damaae Bond 0 Park Clean Up DepositlDamaae Bond n Securitv S.B.PD. 0 Private Security 400 Other 0 Advertisina Radio 0 Newspaper 0 Banners 300 Fivers 25 Other (Signs) 4UU Entertainment Music 200 Sound Svstem 200 Other u Promotional Items Trophies ( in.." with Planuesl 2000 Ribbons and/or Plaaues 0 T ~hirts 500 Other (Printinq Brochures) 1200 Sanitation Portable Restrooms - Public Services 375 Special Events (Miss B.l.ack San J:SernaraJ.no t'ageanl:.1 1500 Banauets Facilities 7000 Parade (Black Culture FoundatJ.on F.l.Oat) 500 Other-Parks, Recreation t"Qn;~r T(;nn R. ~ d 150 B. TOTAL PROPOSED EXPENDITURES ** {SEEATTACHEDl 1Q615 Summary: A. Total Revenues .. B. Total Expenditures C. Total Fee Waivers - (from Part III) $ 15115 $ 1961 S $ D. Total Amount Requested $ 4<;00 2 2008-15 REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) NAME OF ORGANIZATION: Sell;) Bl?"""'min'" Rl"''''K rnlt-nn> F'nnnt'l..t-irm (List all City services for which you are requesting fee waivers) C. Fee Waivers AMOUNT Police Security Traffic Control Other Fire Site Inspections Crowd Control - Facilities Sound System Civic Center Use Permit Public Services Refuse Bins Street Sweepina Development Services Planning TUP Buildina Other (Explain) 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