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CITY OF SAN B~RDINO
- REQUESC.,R COUNCIL ACTION
Synopsis of Previous Council action:
Subject: RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDIN
AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE INLANb EMPIRE
HISPANIC CHAMBER OF COMMERCE RELATIN
TO FIN&~CIAL ASSISTANCE FROM THE
\"';.LV.L~ Al.'iU !".t(UJ.YlU'!'J.UN !"UNU .t"U.H. !".L::;L:AL
YEAR 1991-92, AND REPEALING NO.92-l4
From: JAMES F. PENMAN
Dept: 'CITY ATTORNEY
Date: APRIL 28, 1992
Adopted Resolution 92-142 on April 20, 1992.
Recommended motion:
Waive further reading and adopt resolution.
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. Signature
Contact person:
Dennis A. Barlow
Phone:
5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. Descriotionl
Finance:
Council Notes:
Agenda Item No /i.f
75.0262
CITY OF SAN B~RDINO - REQUE~R COUNCIL ACTION
STAFF REPORT
Resolution No. 92-142 and its attached Agreement with the
Hispanic Chamber of Commerce, were approved by the Mayor and Common
Council at the meeting of Monday, April 20, 1992. Apparently in
the rush of getting this Resolution before the Council in time for
the Cinco de Mayo celebration the Resolution and the Agreement were
not presented to the City Attorney for review. upon subsequent
review the City Attorney noted that the Agreement did not contain
the now standard nondiscrimination language. It is recommended
that this revised Agreement be approved with such language to
replace the previously approved Agreement.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL
ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991-
92, AND REPEALING RESOLUTION NO. 92-142.
NOW, THEREFORE, 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 the Inland Empire Hispanic Chamber of Commerce,
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referenced agreement is rescinded if the parties to the agreement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 passage of this
resolution.
SECTION 3. Resolution No. 92-142 is hereby repealed.
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DAB/.../Cinco.rea
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April 24. 1992
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RESOLUTION. . .AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO
FINANCIAL ASSISTANCE. . .AND REPEALING RESOLUTION NO. 92-142.
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
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing resolution is hereby approved this
, 1992.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/ae./Cinco.reB
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April 24. 1992
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1 Agreement
2 Civic and Promotional
3 THI:S AGREEMENT is entered into as of this day
4 of , 1992, by and between the CITY OF SAN BERNARDINO
5 (the "City") and the INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE,
6 a non-profit organization (the "organization").
7 The parties agree to as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1991-92, in order to assist in
11 defraying the expense of certain events or activities sponsored by
12 Organization as outlined in their letter to the City dated April
13 2, 1992 and the memorandum from the Director .of Parks, Recreation
14 and Community Services, also dated April 2, 1992, copies of which
15 are attached marked Exhibit "An and "B". The terms of the request
16 are incorporated herein by reference and shall govern the uses of
17 the funds provided herein. The financial assistance provided for
18 in this Agreement is made on a one-time basis, and receipt of said
19 funds shall not imply a continuing obligation of the City beyond
20 the terms of this Agreement.
21 B. The expenditure is for a valid municipal public
22 purpose, to wit: for the promotion of the Hispanic Community's
23 celebration of Cinco de Mayo.
24 2. Payment. Upon presentation of a claim to the City
25 Finance Director, City shall pay to Organization from the budget
26 for the 1991-92 fiscal year, the total sum of five thousand
27 dollars ($5,000.00) to cover the costs per the request by the
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April 24. 1992
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1 3. Use of Funds. The funds paid to Organization shall be
2 used solely for the purposes set forth in Paragraph 1 and in
3 strict compliance with the provisions set forth in the letter and
4 memorandum stated above. No deviation from these provisions shall
5 be made without the express approval of the City of San
6 Bernardino. Any unexpended funds shall be returned to the City by
7 Organization.
8 4. Accounting. Organization shall provide an accounting
9 of all expenditure of revenues accruing to the Organization for
10 the fiscal year ending June 30, 1992. Financial records shall be
11 maintained in accordance with generally accepted accounting
12 principles by Organization in such a manner as to permit City to
13 easily trace the expenditures of the funds. All books and records
14 of Organization are to be kept open for inspection at any time
15 during the business day by the City or its officers or agents.
16 5. Hold Harmless. Organization covenants and agrees to
17 defend, indemnify, and hold harmless the City and its employees
18 and agents from all liabilities and charges, expenses (including
19 counsel fees) , sui ts, or losses however occurring, or damages
20 arising or growing out of the use or receipt of the funds paid
21 hereunder and all operations under this Agreement. Payments
22 hereunder are made with the understanding that the City is not
23 involved in the performance of services or other activities of
24 Organization. Organization and its employees and agents are
25 independent contractors and are not employees or agents of the
26 City in performing said services.
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April 24. 1992
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1 6. Termination. City shall have the right to terminate
2 this Agreement and any funding remaining unpaid hereunder for any
3 reason by mailing a ten-day written notice to Organization and
4 this Agreement shall terminate ten days after the mailing of such
5 notice. In the event this Agreement is terminated for reasons of
6 improper use of funds or use of funds for any purpose other than
7 those authorized, any unexpended portion of the funds provided by
8 City shall be returned to City. In addition, Organization shall
9 reimburse to City any funds expended which were used for any
10 purpose other than those authorized under this Agreement.
11 7. Insurance. Organization shall take out and maintain
12 during the life of this Agreement such public liability and
13 property damage insurance as shall insure City, its elective and
14 appointive boards, commissions, officers, agents and employees,
15 permi ttee and its agents performing acts covered by this Agreement
16 from claims for damages for personal injury, including death, as
17 well as from claims for property damage which may arise from
18 Organization's or its agents' operations hereunder, whether such
19 operations be by Organization or its agents or by anyone directly
20 or indirectly employed by either Organization or its agents, and
21 the amount of such insurance shall be as follows:
22 a. Public Liability Insurance. In an amount not less
23 than $100,000 for injuries including, but not limited to, death to
24 anyone person, and subject to the same limit for each person, in
25 an amount not less than $100,000 on account of anyone occurrence;
26 b. property Damage Insurance. In an amount of not
27 less than $50,000 for damage to the property of each person on
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DAB/aes/Cinco.agr
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April 24. 1992
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City shall be set forth as additional named
insured in each policy of insurance provided hereunder.
9. Organization hereby covenants that it has taken all
actions necessary to make the adherence to the obligations imposed
by this Agreement a binding obligation of the Organization.
10. Nondiscrimination. Organization agrees that for the
term of this Agreement it shall not discriminate irt employment,
recruitment, hiring, admission practices, advertising, or in any
other manner on the basis of race, color, creed, religion,
national origin, sex, physical handicap, or marital status.
11. Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
As to City:
As to Organization:
Inland Empire Hispanic
Chamber of Commerce
P.O. Box 7300
San Bernardino, CA 92411
City of San Bernardino
300 North liD" Street
San Bernardino, CA 92418
12. Entire Agreement. This Agreement and any documents or
instruments attached hereto or referred to herein integrate all
terms and conditions mentioned herein or incidental hereto, and
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.
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April 24. 1992
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AGREEMENT RE: INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE FOR
PROMOTIONAL FUNDING.
ATTEST:
CITY OF SAN BERNARDNIO
By:
W.R. HOLCOMB, Mayor
City of San Bernardino
RACHEL KRASNEY
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE
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President
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AprU 24. 1992