HomeMy WebLinkAbout1985-519
1 RESOLUTION NO. 85-5l9
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AVTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BLACK HISTORY WEEK PARADE
3 COMMITTEE RELATING TO FUNDING FOR TH~ ANNUAL BLACK HISTORY WEEK
PARADE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with Black History Week Parade Committee relating to
9 funding for the Annual Black History Week Parade, a copy of which
10 is attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Ccmmon Council of the City of San
14 Bernardino at a
15 he ld on the 2nd day of
16 following vote, to wit:
regular
meeting thereof,
n~f""A1":'1h.or
, 1985, by the
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24 of
AYES:
Cou~cil Members Estrada. Reillv. Hernandez.
Marks. Ouiel. Frazier. Strickler
NAYS:
None
ABSENT:
None
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The foregoing resolution is hereby approved this ~~~day
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Approved as to form:
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City A torney
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1 AGREEMENT
2 (Community Orga.nization)
3 THIS AGREEMENT is entered into at San Bernardino,
4 California, between the CITY OF SAN BERNARDINO, a municipal
5 corporation, referred to as "City", and BLACK HISTORY WEEK PARADE
6 COMMITTEE, a nonprofit community organization, referred to as
7 "Organization".
8 City and Organization agree as follows:
9 1. Recitals.
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(a) Organization has requested financial assistance
11 from City for the fiscal year 1985-1986.
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(b) Organization represents that the expEnditures
13 authorized by this agreement are for a valid municipal public
14 purpose. The purpose is sponsoring the Annual Black History Week
15 Parade.
16 2. Payment. City shall pay to Organization the total sum
17 of TEN THOUSAND DOLLARS ($10,000) at such time or times as
18 determined by the Finance Director of City in his sole
19 discretion.
20 3. Term. This agreement shall commence December 2, 1985,
21 and terminate June 30, 1986.
22 4. Use of Funds. The funds paid to Organization shall be
23 used by it solely for the purpose set forth in Paragraph 1(b) of
24 this agreement. A variation in the itemization of costs, as set
25 forth in the proposed budget submitted to City, not to exceed ten
26 percent (10%), shall be allowed, provided the prior written
27 approval of the City Administrator of City is obtained. At the
28 end of the term, all unexpended funds shall be returned to City
1 by Organization.
2 5. Accounting. Prior to the final payment under this
3 agreement, and at such other times as may be requested by the
4 City Administrator or Director of Finance of City, the
5 Organization shall submit to the City Administrator, with a copy
6 to the Director of Finance, an accounting of the proposed and
7 actual expenditures of all revenues accruing to the organization
8 for the fiscal year ending June 30, 1986. Financial records
9 shall be maintained by Organization in accordance with generally
10 accepted accounting principles, in a manner which permits City to
11 trace the expenditures of the funds. All books and records of
12 Organization are to be kept open for inspection at any time
13 during the business day by the City or its officers or agents.
14 6. Approval of City of Any Charges. City reserves the
15 right to require Organization to obtain the prior written
16 approval of City of any charges or fees to be charged by
17 Organization, and of any rules and regulations governing the
18 services.
19 7. Temporary Withhold ing. The City Administrator, with the
20 concurrence of the Mayor and Common Council, is authorized to
21 temporarily withhold or terminate the payment of funds to
22 Crganization when the City Administrator determines that any
23 violation of the agreement has occurred. Funds shall be withheld
24 until the violation is corrected to the satisfaction of the City
25 Administrator and Mayor and Common Council.
26 8. Hold Harmless. Organization agrees to indemnify and
27 save harmless the City and its employees and agents from all
28 liabilities and charges, expenses (including counsel fees), suits
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1 or losses however occurring, or damages arising or growing out of
2 the use or receipt of funds paid under this agreement, and all
3 operations under this agreement. Payments under this agreement
4 are made with the understanding that the City is not involved in
5 the performance of services or other activities of Organization.
6 Organization, and its employees and agents are independent
7 contractors and not employees or agents of City.
8 9. Standards. Organization agrees to comply with the
9 provisions of "Section l:. Recommendations", of a portion of a
10 report entitled "Report of the Special Council Subcommittee for
11 Social Service Funds" dated and adopted on February 18, 1975, and
12 on file in the Office of the City Clerk of City, a copy of which
13 has previously been provided to Organization.
14 10. Termination. City shall have the right to terminate
15 this agreement and a.ny funding of organization for any reason by
16 mailing a ten-day written notice to Organization aLd this
17 agreement shall terminate ten days after the mailing of such
18 not ice.
19 11. Amendment. This agreement may be amended or modified
20 only by written agreement signed by both parties and failure on
21 the part of either party to enforce any provision of this
22 agreement shall not be construed as a waiver of the right to
23 compel enforcement of any provision or provisions.
24 12. Assignment. This agreement shall not be assigned by
25 Organization without the prior written conEent of City.
26 13. Notices. All notices herein required shall be in
27 writing and delivered in person or sent by certified mail,
28 postage prepaid, addressed as follows:
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City Administrator
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
DATED: ~-t/f'b-
ATTEST:
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Approved as to form:
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City ttorney
Black History Week Parade
Committee
P.O. Box 7156
San Bernardino, CA 92411
CI~~AN BERNARDINO
By 't,i~-iA 7t/~
ayor \
BLACK HISTORY WEEK PARADE COMMITTEE
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