HomeMy WebLinkAbout1988-036
1/29/88
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RESOLUTION NO. RA-3?
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BLACK CULTURAL FOUNDATION RELATING
TO FUNDING FOR THE ANNUAL BLACK HISTORY WEEK PARADE AND
AUTHORIZING WAIVER OF FEES RELATED TO THE CONDUCT OF THE PARADE.
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 Black Cultural Foundation relating to funding
for the Annual Black History Week Parade, 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 Mayor and Common Council hereby finds and
determines that the Black Cultural Foundation (organization) is a
non-profit association organized primarily for civic betterment;
that the rental fee for facilities of the Parks, Recreation and
16 Community Service Department and for barricades needed for the
17 operation of the annual Black History Parade by the organization
18 would create a financial hardship jeopardizing the Black History
19 Parade; and, that the Black History Parade will be of unusual
20 benefit to the inhabitants of the City and should be supported
21 with local funds.
22 Therefore, pursuant to Resolution No. 83-201, Subsection
23 (2) (III) (B) and San Bernardino Municipal Code Section
24 12.56.120(c), the fees for the use of the facilities of the
25 Parks, Recreation and Community Services Department and for
26 barricades needed to conduct the annual Black History Parade are
27 hereby waived. All other such fees as may be required by any
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1/29/88
1 other department of the City under whatever authority for
2 services or the use of facilities related to the annual Black
3 History Parade are also hereby waived.
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
reg-ular
meeting thereof, held on
the
day of
1st
FebruAry
, 1988, by the
following vote, to wit:
AYES:
Council Members Reilly FlorAs, MnuoslAY,
Minorr Pope-Ludlam Miller
NAY S :
None
ABSENT:
Council Member Estraoa
<~d/';Y2/,..-c:J;;0
/r City Clerk
r'
"11../
",;)/ I .
The foregoing resolution is hereby approved this
day
of
February
, 1988.
/:..... " /;? .1
/~., / % ,'i
'i/ ~./, 'i -/ ..
k_./'J/(/l-{.[/(./J tlA.:_/G..- tj-;~
Mayor of the City of San' Bernardino
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Approved as to form
and legal content:
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23 ,/ l . /"7
t~ 9!J~M~
24 z1ty Attorney
/
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AGREEMENT
(Fine Arts Funding)
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Director of City consistent with the grant proposed and approved
by the Fine Arts Commission.
3. Term. This agreement shall commence February 1, 1988
and terminate June 31, 1989.
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.
S. Accounting. Prior to the final payment under this
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 31, 1989. 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
19 Organization are to be kept open for inspection at any time
20 during the business day by the City or its officers or agents.
21 6. Approval of City of any Charges. City reserves the
22 right to require Organization to obtain the prior written
23 approval of City of any charges or fees to be charged by
24 Organization, and of any rules and regulations governing the
25 services.
26 7. TemporarY Withholdinq. The City Administrator, with
27 the concurrence of the Mayor and Common Council, is authorized to
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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
liabilities and charges, expenses (including attorneys 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 1. 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
23 this agreement and any funding of organization for any reason by
24 mailing a ten-day written notice to Organization and this
25 agreement shall terminate ten days after the mailing of such
26 notice.
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Amendment.
This agreement may be amended or
2 modified only by written agreement signed by both parties and
3 failure on the part of either party to enforce any provision of
4 this agreement shall not be construed as a waiver of the right to
5 compel enforcement of any provision or provisions.
6 12. Assiqnment. This agreement shall not be assigned by
7 Organization without the prior written consent of City.
8 13. Insurance. Organization shall provide insurance as
9 required by San Bernardino Municipal Code Sec. 12.56.140, a copy
10 of which is attached hereto marked Exhibit 1 and incorporated
11 herein by reference.
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14. Notices. All notices herein required shall be in
13 writing and delivered in person or sent by certified mail,
14 postage prepaid, addressed as follows:
15 City Administrator
City Hall
16 300 No. "0" Street
San Bernardino, CA 92418
San Bernardino Black
Cultural Foundation
c/o Jim King
Southern Calif. Gas Co.
624 W. Fourth Street
San Bernardino, CA 92417
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DATED: ~.i~jj.ij~iu.., e:,,/. /7 I/-r'
j ,
i/
20 ATTEST:
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.~4"~,4~
City Clerk
SAN BERNARDINO BLACK
CULTURAL FOUNDATION
.I I
\..__/)/1 j/
By"/.I~~ IA.d'", ,</ I .,:J&d-
". I' (~,c
"-r.. /-;; .) '"
Tit 1 f/..,)I' 1'/ (~/~a~~
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Approved as to form
and~legal con~ent:
i/rt~ J - /~
28 Cfty Attorney
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STREETS, SIDEWALKS AND PUBLIC PLACES
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12.56.140 Insurance.
A. The applicant/sponsor of a parade must possess or obtain
public liability insurance to protect against the loss from
liability imposed by law for damages on account of bodily
injury and property damage arising from the parade. Such
insurance shall name on the policy or by endorsement as
additional insureds the City of San Bernardino, its officers,
employees, and agents. Insurance coverage must be main-
tained for the duration of the event. Coverage shall be a
comprehensive general liability insurance policy. The
minimum limits required shall be one million dollars for
each occurrence of bodily injury and two hundred fifty
thousand dollars for each occurence of property damage.
If food or non-alcoholic beverages an~ sold or served at
the parade, the policy must also include an endorsement
for products liability in an amount of not less than five
hundred thousand dollars. If alcoholic beverages are sold or
served at the parade, the policy must also include an
endorsement for liquor liability in an amount of not less
than five hundred thousand dollars.
B. A copy of the policy or a certificate of insurance along with
all necessary endorsements must be filed with the Director
of Risk Management not less than five days before the date
of the parade unless said Director for good cause waives
the filing deadline. The parade permit shall not be issued
by the Chief of Police until after the insurance policy or
certificate of insurance along with necessary endorsements
have been filed by the applicant/sponsor and approved by
said Director.
C. The insurance requirements of subsections A and B above
shall be waived by the Chief of Police for parades if the
following conditions are satisfied:
1. The applicant or an officer of the sponsoring organiza-
tion signs a verified statement that he or she believes
the parade's purpose is First Amendment expression,
and that he or she has determined that the cost of
obtaining insurance is so financially burdensome that
it would constitute an unreasonable burden on the
right of First Amendment expression, or that it has
been impossible to obtain insurance coverage. The
statement shall include the name and address of one
.
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(San Bernardino 11-86)
67 1 -6
Exhibit 1
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PARADES
insurance agent or other source of insurance coverage
contacted to determine insurance premium rates for
insurance coverage. (Ord. MC-522, 5-19-86.)
12.56.150 Penalties.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof, is punishable
in accordance with the provisions of Section 1.12.010 of this
Code. Criminal prosecution for a violation of this chapter does
not preclude the City from pursuing any available civil remedies
arising from any activity regulated by this chapter." (Ord.
MC-522, 5-19-86.)
.
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671-7
(San Bernardino 11-86)