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Home My WebLink About17-City Manager - .........", - ........ .-. - CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Mark Weinberg Interim City Manager Subject: Request for civic & promotion funding & waiver of fees for the Black History Parade to be held February 7,2009 Dept: Date: January 12, 2009 M/CC Meeting Date: 2/02/09 Synopsis of Previous Council Action: 1/22/08 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 $21 ,331 be transferred from the 2008-09 civic and promotion fund to various City departmental accounts as listed in the att ched Staff Report; and authorize a waiver of fees and use of City personne equipment to assist with the 2009 Black History Parade scheduled for a 7,2009. Signature Contact person: ~A"'rk W..inh..ro Phnn..' "1 ?? Supporting data attached: Ward: 1 yes FUNDING REQUIREMENTS: Amount: $4,500 direct; $21,331 indirect Source: (Acct. No.) 001-091-5186 (Arrt n,::aC:f'rirtinn) rh/ir It rrnmntinn Finance: Council Notes: -# I' 1-1--aq STAFF REPORT Subiect: Request for civic and promotion funding for the 2009 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 7, 2009. 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 $21,331. There is no impact on the General Fund for this request as funding in the amount of $21,331 will be transferred from the civic and promotion fund (which is funded by cultural development fees, a non-General Fund source) 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 $900 increase in indirect funding due to increased personnel costs. Per the agreement, the organization submitted an accounting including receipts for the 2008 event which has been reviewed and accepted by the City Manager's Office. Departmental Accounts Amount Police Parks & Recreation Public Services Development Services $ 17,601 security/vehicles $ 2,628 labor/equipment $ 250 street sweeping $ 852 barricades/signs placement/removal Total $ 21,331 Non waivable fees and refundable securitv 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$21,331 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 08-09 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 $21,331 be transferred from the 2008-09 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 2009 Black History Parade scheduled for February 7, 2009. --.. ,..-." ... o ...... ... o >- "- "tl C o 0... ~g...o C....... ""O~ <(>-"? r..:z::..... - Co. z9 ..-' ~- Z"-O el:ZO :0..... 05~ >-:eel: !::o u"" .... C Z el: U :> u - "- g20g .,,5 .. ";0 ,.; .... ... - ~~f~ ;::-;::-!l;::- 00;::-0 >->-0>- ....11.:;.11. ~.5 .... ~ :aWl.5:a C Ci e c :::) ';; II:::) II.C,;;II. 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" E is '0 0 ~ 0 1: ~ 0 0 ~ i ~ ~ 5 " u 0 '0 W 0 ~ 0 "' :i 0 <5 u (; u ~ .~ ... "' 0 0 0 ~ 12 <: :g .. :c u ~ ~ 0> c: ~i 0 ~ 0 ~ 0 '" ~ " 0 c ~ " c " 0 C t ~ ~ i > ::; U <: .2 w (; "' ~ U ~ ; I .. 0 ~ ::;: 0 ~ >- ~ . )- g '" <5 " :is ~ ~ '" 0 0 E ~ ... U ~ .S! 0 Q; '" .. " ;, ,~, 11 ~.., "' 8 8 ~ . i3 8 ~ - ~ ~ N N :g H " - - - ... >- N - ~ - - N 01 I ~ 0- - va g; ~ ~~ ci!2 ~8 0"1 ~M .Ii:!! of'" 'liO tJ c c o ~ '" 0 IIlJ u 0 c c: ~ 0 0'" u 0 i 5 i~ 0', li.o ,; c: '8 "OJ l; .~ .. " i~ - " ~i u.g> Jl ~ .. "' ww ~ ~ 00 zz San Bernardino BLACK - ~.. "-\ '- \ '~. CULTURE FOUNDATION ExECUT,;;rJOMMITTEE Frank Washington, III President Joann Roberts 1st Vice President Taylor A vel}' 2nd Vice PresiiJent Charles Burris Treasurer Genevieve G. Echols SecretaI}' ADVISORS W. Robert Fawke Mal}' Fawke Thomas J. Gueston Margaret B. Hill - Ida N. Roberson .Janita H. Scott, Ph.D. ".- Joseph Smith Jr. Syble M. Tompkins CORPORA TE SPONSORS - "-,-' ..q~!')C"'-'-''"' ~- -::.:~ ,~ .,'-"',._'....-i.,.;-'J_~. .,~,,,, . ...','- ,. . ,,'.- - Su BpMla iBO SAN~MANUEL BANDOf '-. MI55ION IND1AN5 SPONSORS Arrowhead Credit Union Community Hospital of San Bernardino San Bernardino City Unified School Distnct .--Edison International " - The Gas Company San Bernardino Black Culture Foundation P, O. Box 7288 San Bernardino, CA 92411-0288 November 7, 2008 Mayor and Common Council City of San Bernardino 300 North D Street San Bernardino, Ca. 92418 Re: 2009 Black History Parade The 4r1' Annual Black History Parade will be held at 10:00a.rn., Saturday, February 07, 2009. The parade is to start at Eight and E Streets, proceed south and end at Second and E Streets. . As a non-profit organization, we request financial assistance from 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 barricades along the parade route. Additionally, 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 guest. b. Red, white and blue bunting to decorate the stage. c. Bleachers from the City of San Bemardino and crews to transport the bleachers. A Hold Harmless Agreement has been prepared and a map ofthe parade route is attached. We have obtained sufficient insurance to cover all events and a copy of the Certificate of Insurance 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 from you soon. Sincerely, . 1/ /;,_,," , ~/LZ :yltUUh . - '--7IL Frank Washington III, resident FW/gge Encl G'l "lj t'l - ~ ~ ~ '" M' 11 M' M' 11 0 11 11 ~ I-' ~ ~ ~ ~ t1l t1l M' M' M' 0: t1l - 9th street Div 1 0 '" III CIl 8th street "~,, ., ,., niv 3 M' sturges Q, , nl Auditorium t1l t1l en M' 7th street "~,, A M' 1" IlIPO 1ce ;+Station Victoria III 6th street Public Library 5th street . 4th street ;..c... Carousel Mall ,., c: t1l Q, III ~. -Court Street ::l Court street 0 IQ Square .... 2 2nd Street t1l ,., ,,-arc ae ",nos OJ '" I-' Rialto Arrowhead Credit ',",-,. .- "-:- Un10n Park 280 South E Street SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Name of Organization ~;m ;~~ ""l+-,,~~ i~~ '- Address P, 0, Box 7288, San Bernardino CA 92411 Contact Person Phone Fax Thomas Gueston (909) 884-4173 Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes ~ No - Date of Event Location Estimated No. of Attendees Februarv 7 2009 Eiqhth and E streets 8,000 Purpose of Funding 2009 Black History Month activities consisting of Miss Black San Bernardino Pageant, crowning of Senior King and Queen, lIDnual 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 San Manuel Band of Mission Indians ($5,000) 10 500 Arrowhead Credit Union ($3,000), Southern Cali f Gas Comoanv ($1.500), Southern Calif Edison ($1,000) Reaistrations 0 Promotions, concessions, souvenirs, oroaram sales 0 Donations 4 090 In Kind Services (Other than Citv Services) Auto Dealers - 2,000 T. .. "~Q 1<1:1 nnn\ M_""_'- ,...~~ 1<I:<;no, Private Vehicles Owners ($500) Total Dollar Amount Reauested of Citv . <;nn A, TOTAL PROPOSED REVENUES 16 590 .- '-- REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) MUST BE SUBJIITTED TO CITY MANAGER'S OFRCE 10 DA VS PRIOR TO EVENT FOR WHICH RlNDlNG IS REQUESTED NO EXCEPTIONS ,,--... NAME OF ORGANIZATION: C:::!In ~rn;::n-rlin,", Rl::l1.....1r '-",l+-nrc 1;",...""n::ll+-;O'"' --.. B. EXPENDITURES: (Include all known direct expenses connected with event) EXPENSES AMOUNT TOTAL Personnel/Salaries 0 Permits e;r:. Fire 0 Business License n ABC 0 Other 0 Insurance . Citv of San Bernardino (attached Yes x No ) 4800 Park Damaae Bond 0 Park Clean Uo DeoosiUDamaae Bond n Security S.B.P.D. 0 Priyate Security 400 Other "'on~;n~ \ l")nn AdvertisinQ 0 Radio 0 Newspaper 0 Banners 300 Flyers 25 Other 400 Entertainment Music ?nn Sound System 200 Other 0 Promotional Items Troohies ,_~'" ...;J-k -, 'lnnn Ribbons and/or Plaaues 0 T-Shirts 500 Other 1__ __-' .---\ 1 Mn Sanitation Portable Restrooms - Public Services 450 Soecial Events nl__" ""'" ,-- t> 1<;00 Banauets Facilities 7000 Parade (Black Culture Foundation Float) 500 Other - Parks, Recreation I Senior Kina & Olleen) 150 B. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHEDl 21090 - Summary: A. Total Revenues B. Total Expenditures C. Total Fee Waivers - (from Part III) $ /b Si0 $_-1../, () '10 $.sJ( :i.::::; D. Total Am0t Roested $ 07) f)/ r a:::r pu N()/!J? '-- , . , REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) NAME OF ORGANIZATION: San Bernardino Black Culture Foundation /..-... '.. (List all City services for which you are requesting fee waivers) f"'-' C. Fee Waivers AMOUNT Police Security /1/,,01 T rafflc Control / Other Fire Site Insoections Crowd Control Facilities Sound System Civic Center Use Permit Public Services Refuse Bins Street Sweeping .JSZJ Develooment Services hA.ro/rJLJF:S /';/,1 I'IS Q".-J ) Plannina TUP Buildina Other (Explain) PArr - /- . : . .-. lie)1 ~ J ~~~ Total Amount of Fee Waivers (In-Kind Services) 2/ _013 / '-- For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance .- - ~ NAt..lE AND ADDRESS o~ AGENCY C a Lie 06 2 2 4 7 4 !i..ECHOLS INSURANCE AGENCY t . 9 S ORANGE AVENUE ~"_. .L AL TO, C A. 9 2 3 7 6 ~ (909) 874-3763 ~ g.echo1s@Yahoo.com ~ N/I/.iE I\ND ADDRESS CF ;;~SURED ~ ~ SAN BERNARDINO BLACK CULTURE FOUNDATIO ~ PO BOX 7288 S SAN BERNARDINO, CA, 92411 " ,1 ~ I COMPAN!ES f,FFOP.DfNG ; I COMPp.tf( ,11; I lETTER , 1 f~ri~~~rl ~j COVERAGES SCOTTSDALE INSURANCE COMPANY .' ,~~ ~, ~ ~: ~. ! COM PAN) LETTER !f"'c ~,i , ; I f?#~~NY [) i II Co;,1PAHY F~ I j LETTER ,,~" . . ~' ~ This is to certify that policies 0:' insur:;;n-:;s listed below ~a'le b:=i11S~l:I5d to the ins'J.red nam:;d above an.d are i~ ic.c: at thi~. tim:. NCt'''li~hsta~ding ~jj}'; I'~Quire~eil,t, ~~~ 0;. conditIon 6i any contrc:lct or oth~r QaCUmeil! .....ith ci:spect to '....hlCh thIs. certifIcate mOlY be Issued or may pertafll, the msur..nce anordd b)' the pohcles de:.cr.b_d here,n IS ~LJDJecl to all the '" terms, e~c1usions and conditions 0; such poiiClas. I I i.3EU!:Jif..L UABiLlTY 11KI COMPO'"'N5''' ',)R..... o rREMISES-OPE?ATiO~!S o EXPLOSiON AND COU..Y"SE rlAZ.<F.D o U,'iDERGROUI"'D HAZAR~' D Pr.OD~CTS.'Gm..jP:...ETEO . OPERATI'.)I':5 HAlARD I II 0 COi...T~t-_CTl!AL tr'i5URANCE ] U 8ROAD FORi,' G~CPERT'" ! I DM..1AGf 1 o h'.iDEP!:NDEtr:" coriTP.',C TORS I 10 PERSO,.;{IL I:'UUF\' ! , . A CLS1326673 1/30/09 i POLlCY E;:P1RATiON DATE : I I I Umi~s cf Li~bm'i:y in Thollsands (000) I EACH I AGGREGllTE OCCURRE~!CC: I, 't~ ~ ;;;0;.11',\1'-1" p LETTER ~ T'fC;:OF 1"i5URhiK'E: POliCY NUMBER SODiL'i H'!JUR'( I' I' i , i< " ij." ~ PRQDERTY O';i;-jAGE ; i 50D1L Y INJURY MiLl PROPERTY DAMI',GE: COMBIUED i I I' 1,000 ! & '1,000 " ~.,.,-, I A;'i'T0;-,10BiL: I i LJ . :ii.::-,:E:~~ UABj',-iih:: PEPSONI<_L liiJURy s GODlL-; i~UUR', i:::,t-(:H "::RSJ~I' .. ~-.., i {831 <:,.~~;i': :t~~~i\" ~ I: c-~ -,;.'C""~'. , :'.':':>:..'" '..c';-. ,..,...:;~....,-" i L",,::,.' .~,~ ..._._...._----~---~.._----_._--- ------~-~----~.. ._--_._._--~~--~------_.. -.. -,~. ." - ,. .___. _~"",~~.!..::E~. ______.___ ,.:~-)I~ ; 1-1 l.'r,:;S,';EiL. ,~,y< I LJ .:;T;.::O:P -Ci.li '~'~_l8f:;Ei.._i ","':0;0;:;:;1.' ~,"r.\ __ i""JR,'.., !1;if-.:;HIG:E3' CD:,:,;."-,EHS;:.' 1,)"Nf' ~:J::i ElVtPLOVERS' UABlUTY OIHER , DESCRIPTION OF OPERATIONS/LCCATlONSNEHICLE5 ANNUAL BEAUTY PAGEANT TO BE HELD AT STURGES AUDITORIUM ONJANUARY 25 & 26, 2008; BLACK HISTORY PARADE AND EXPO TO BE HELD ON FEBRUARY 2, 2008(DOWN E ST TO COURT BALL TO HELD AT SAN BERNARDINO HILTON ON FEBRUARY 2, 2008, CARRIER TO ISSUE ENDORSEKENT NAKING CERTIFICATE HOLDER AS ADDITIONAL INSURED AS IH~IK IRT~K~~I KAI APPEAR ... . Cancellation: Should any or the above described pOlicies be cancelled before lhe expiratIon date thereof, the JS.5umg com- pany will endeavo'" to maij _ days \vritten notice to the below named ceI'tificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. - G' tLQ lhJ! L }' !>]: ~. - NAME AND ADDRESS OF CERTIFICATE HOLDER: ~CITY OF SAN BERNARDINO - RISK MGMNT ITY OF SAN BERNARDINO E,D,A. AND I TURGES CENTE3 OF THE FINE ARTS 300 N "D" ST SAN BERNARDINO, CA, 92410 . I DATE ISSUED: ..<'.- i(:' ,- .......... HOLD HARMLESS AND INDEMNIFICATION LicenseeIPermittee shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless 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 oul of this agreement. LicenseeIPermittee shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Licenseel Permittee. LicenseeIPermittee 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 LicenseeIPermittee'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 LicenseeIPermittee's performance hereunder. -- "',,- November 7, 2008 San Bernardino Black culture Foundation Dated LicenseeIPermittee By Frank Washin Title Pr"" i rl"nr Ii ~, ton III /' (Attach a certified copy of documentation, which will authorize Applicant to contract on behalf of corporation/business.) - - - "...",.<c~. ,- - .........~ 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 CIVIC AND PROMOTION FUND FOR FY 2008-09. 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 2008/09 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. //1 /1/ /1/ /1/ /1/ //1 //1 /1/ /1/ //1 ~ - ~ -tf>t :Me)} ,- ~- ~~- 1 2 3 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 2008-09. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 4 Mayor and Common Council of the City of San Bernardino at a meeting 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,2009, by the following vote to-wit: day of thereof, held on the Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK City Clerk day of 2009. The foregoing resolution is hereby approved this Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 2 ,- 1 2 3 4 5 6 7 8 9 10 .,.,.~ . ",- '- 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 non-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. Exhibit n A" I .- 1 ,,""""". 2 3 4 5 ",,-, ........."r ,,- ..~ AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND PROMOTION FUND. 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 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 4. Accountability. 9 10 11 accepted accounting principles by Organization in such manner as to permit City to easily trace 12 13 Financial records shall be maintained in accordance with generally 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 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 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 Hannless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold 26 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 2008/09 CIVIC AND 1 PROMOTION FUND. fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt 2 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 3 4 made with the understanding that the City is not involved in the performance of services or other 5 activities of Organization. The costs, salary and expenses of the City Attorney and members of 6 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 7 8 for the purposes of this paragraph. 6. Insurance. 9 10 11 agreement, Organization shall maintain in effect policies of comprehensive public, general and 12 13 While not restricting or limiting the foregoing, during the term of this automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 14 insured. Said coverage shall require ten (10) day written notice to the City if insurance is 15 16 17 18 19 20 terminated or materially altered. Evidence of required insurance shall be provided to the City Manager's Office prior to the date of the event. 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 21 e event this agreement is terminated for reasons of improper use of funds or use of funds for 22 23 24 25 26 27 28 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 hich 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 2008/09 CIVIC AND 1 PROMOTION FUND. make the adherence to the obligations imposed by this agreement a binding obligation of the 2 organization. 3 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: 7 As to City: 8 As to Organization: City of San Bernardino Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411 Attn: Frank Washington III, President - "'h..,. /- \""'-" 4 ,- AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC 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 tenus and conditions mentioned herein or incidental hereto, and 6 supersede all negotiations and prior writing in respect to the subj ect matter hereof. In the event 7 of conflict between the tenus, conditions or provisions of this agreement, and any such document 8 or instrument, the tenus and conditions of this agreement shall prevail. 9 10 first above shown. 11 In witness whereof, the parties hereto have executed this agreement on the day and date ..,- 12 13 14 CITY OF SAN BERNARDINO By. Mark Weinberg, Interim City Manager 15 16 17 18 ATTEST: 19 20 City Clerk 21 22 pproved as to form: 23 ames F. Penman 24 City Attorney 25 y: 26 .r~ 27 '- 28 SAN BERNARDINO BLACK CULTURE FOUNDATION By. Frank Washington III, President 5 ~ 1=")(.HI6rr '~" SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) - "- Name of Organization ~"n l'll"....k ,..",.....~~ inn Address P. 0, 'lox 7288, San Bernardino CA 92411 Contact Person Phone Fax Thomas Gueston (909) 884-4173 Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes ~ No - Date of Event Location Estimated No. of Attendees February 7, 2009 Eighth and E streets 8,000 Purpose of Funding 2009 Black History Month activities consisting of Miss Black San Bernardino Pageant, crowning of Senior King and Queen, Annual Parade, Black History Ball, and GOspel Program. PROPOSED CURRENT BUDGET "k'_ A. REVENUES: (List all anticipated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorships San Manuel Band of Mission Indians ($5,000), 10 500 Arrowhead Credit Union ($3 000) Southern Calif Gas Comoanv ($1 500) Southern Calif Edison ($1,000) ReQistrations 0 Promotions, concessions, souvenirs, proaram sales 0 Donations 4 090 In Kind Services (Other than Citv Services) Auto Dealers - 2,000 To .~ "~h' -10" (<1:1 ()()m M"HC'h rnrn ('1;SOOI Private Vehicles OWners ($500) Total Dollar Amount Reauested of City A ~'''' A. TOTAL PROPOSED REVENUES 16 590 ,.~- .~ "'_,.v REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) MUST BE SUBMITTED m CITY IIANAGER'S OFFICE 60 DA YS PRIOR TO EVENT FOR WHICH FUNDING IS REOUESTED. NO EXCEPTIONS, - ~NAME OF ORGANIZATION: C::~T\ 'Rp.rn~-rn;nn P'~,....l-- r;,lh,TQ l:'''''ln''1~~r.;.....n , B. EXPENDITURES: (Include all known direct expenses connected with event) EXPENSES AMOUNT TOTAL Personnel/Salaries 0 Permits h~ Fire 0 Business License " ABC 0 Other 0 Insurance Citv of San Bernardino (attached Yes x No \ 4800 Park Damaoe Bond 0 Park Clean UD DeoositlDamaoe Bond n Security S.B.P.D. 0 Private Securitv 400 Other I COp -; t-u "pn~; nn \ 1 ?nn Advertisino 0 Radio 0 ,- Newspaper 0 .- Banners 300 Fivers 25 Other 400 Entertainment Music ?nn Sound Svstem 200 Other 0 Promotional Items Trophies .~c n' ., -,,,"" Ribbons and/or Plaoues 0 T-Shirts 500 Other I_T;n+-;n~ __-' .\ . Hnn Sanitation Portable Restrooms - Public Services 450 Special Events 1M; ~~ p,l",..k C::"n Hnn p . 1t;nn Banouets Facilities 7000 Parade (Black Culture Fonndation Float) 500 Other - Parks, Recreation (Senior Kina & ()l1een) 150 B.. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHED) 21090 - Summary: '" A. Total Revenues B. Total Expenditures C. Total Fee Waivers - . (from Part III) $ /rb.51!J $ 1/,Q90 $.l~3.;;;1 D. Total Am0t RO'ested $ '57J Dlr'/z::r fU />/tJ//'Jt- REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) ,_NAME OF ORGANIZATION: San Bernardino Black Culture Foundation ,,,.... (List all City services for which you are requesting fee waivers) C. Fee Waivers AMOUNT Police Security /7 /~f) I Traffic Control or Other Fire Site Inspections Crowd Control Facilities Sound Svstem Civic Center Use Permit Public Services Refuse Bins - Street Sweepinq ....JSV ..... Development Services P./J.rr j/ rl /l!=:'<:: l~ltf /1/5 n~, j Planninq TUP Buildina . Other (Explain) P A-rr,.J I: ,',.-,-, r7CJ/v f ./P:J;P . ~ .-...., ., Total Amount of Fee Waivers (In-Kind Services) -21 :(:u For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance - - ,- AGREEMENT \~. Civic and Promotional ,--' "-- ............ 1 ~- '- -- ....~. - '~,,- AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND 1 PROMOTION FUND. 2 3 4 3. Use of Funds. 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 Organization. 4. Accountability. 9 10 11 12 13 14 15 16 17 Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily trace 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 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 18 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 appropriate, such failure will result in the Organization reimbursing the City in the full amount 22 received by Organization. 23 5. Hold Harmless. 24 25 26 27 28 Organization covenants and agrees to defend, (if requested 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 _. _. - - "'_. AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND 1 PROMOTION FUND. 2 fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 3 4 made with the understanding that the City is not involved in the performance of services or other 5 activities of Organization. The costs, salary and expenses of the City Attorney and members of 6 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 7 for the purposes of this paragraph. 8 9 10 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 11 12 13 14 15 16 17 18 automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single 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. Evidence of required insurance shall be provided to the City Manager's Office prior to the date of the event. 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice 19 20 to Organization and this agreement shall terminate ten days after the mailing of such notice. In 21 22 23 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 24 25 26 27 28 hich 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 2008/09 CIVIC AND PROMOTION FUND. 1 make the adherence to the obligations imposed by this agreement a binding obligation ofthe - 2 organization. 3 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: 7 8 As to City: As to Organization: City of San Bernardino Black Culture Foundation P.O. Box 7288 San Bernardino, CA 92411 Attn: Frank Washington III, President -- - _. 4 - 1 '- 2 3 4 5 6 7 8 9 10 11 12 13 .- "- ._'" _. AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND PROMOTION FUND. 10. 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. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO By. Mark Weinberg, Interim City Manager 14 15 16 17 18 ATTEST: 19 20 City Clerk SAN BERNARDINO BLACK CULTURE FOUNDATION By. Frank Washington III, President 21 22 23 ames F. Penman 24 ity A orney 25 26 pproved as to form: 27 28 5 e;:"'J+16rr '~ N SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Name of Organization - "~n 'n~ ""~~1r ""'t-,,ro i~n Address P, 0, Box 7288, San Bernardino CI\. 92411 Contact Person Phone Fax Thomas Gueston (909) 884-4173 Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes----1L No - Date of Event Location Estimated No. of Attendees Februarv 7, 2009 Eicrhth and E streets 8,000 Purpose of Funding 2009 Black History Month activities consisting of Miss Black San Bernardino Pageant, crowning of Senior King and Queen, I\.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 SDonsorshiDs San Manuel Band of Mission Indians ($5,000) 10 500 I\.rrowhead Credit Union 1S;3 000\. Southern Calif Gas ,- Comcanv ($ L 500) Southern Calif Edison ($1,000) "- Reqistrations 0 Promotions, concessions, souvenirs, Droaram sales 0 Donations 4 090 In Kind Services IOther than City Services) I\.uto Dealers 2,000 . . ,~~ 1~1 nnn\ M~t-'-''''' r",...,.., I~~OO\ Private Vehicles Owners ($500) Total Dollar Amount Reauested of Citv , cnn A. TOTAL PROPOSED REVENUES 16 590 - '--~ REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) ~ MUST BE SUBMITTED TO erN MANAGERS OFFICE 60 DA YS PRIOR TO EVENT FOR WHICH FUNDING IS REOUESTED NO EX~FPTIONS. "__--NAME OF ORGANIZATION: c::.~n 'P:crn:::roT"n;nr"\ o.l:::ro'-''V ("""lh,ro J;'nlU"\"':::"+-;I"'\T"l .'..- B. EXPENDITURES: (Include all known direct expenses connected with event) EXPENSES AMOUNT TOTAL Personnel/Salaries 0 Permits ~o Fire 0 Business License n ABC 0 Other 0 Insurance Citv of San Bernardino (attached Yes x No ) 4800 Park Damaoe Bond 0 Park Clean UP DeoositlDamaoe Bond " Security S.B.P.D. 0 Private Securitv 400 Other ;0-.. "'~~~inn 1\ ,.,"" Advertisina 0 Radio 0 NewspaDer 0 Banners 300 Fivers 25 Other 400 Entertainment. Music . .,,,,, Sound Svstem 200 Other 0 Promotional Items Troohies -10-'" . .,,,,,,, Ribbons and/or Plaaues 0 T-Shirts 500 Other .~ ., <Ann Sanitation Portable Restrooms - Public Services 450 Special Events 1M; ~~ 1::l1 ~~" ,,~~ p 1 ",nn Bannuets Facilities 7000 Parade (Black culture Foundation Float) 500 Other - Parks, Recreation (Senior Kina & ()lleen) 150 B.. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHEDl 21090 .......- .-~ Summary: A. Total Revenues B. Total Expenditures C. Total Fee Waivers- (from Part III) $ /rb.59,!} $~/ Q 90 $,)/3.::U / D. Total Am~t Re~ested $ 57)U f)/rlCl rl.J ,.; tJ//>J?- REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) - NAME OF ORGANIZATION: San Bernardino Black Culture Foundation '"'-' (List all City services for which you are requesting fee waivers) - C. Fee Waivers AMOUNT Police Securitv /"1 /~n f Traffic Control / Other Fire Site Insoections Crowd Control Facilities Sound Svstem Civic Center Use Permit Public Services Refuse Bins Street Sweeoina --2.5lJ Develooment Services (.i,AI(I(i1,/lJ":< l:JtfdS Q ~--:.JJ Plannina TUP Buildina Other (Exolain) I P"-r:r,l P/~,~~/""''' T7cJ/l' Iij;~ Total Amount of Fee Waivers (In-Kind Services) >> .:{~J -- For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance _. \~-,