HomeMy WebLinkAbout2009-022
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RESOLUTION NO. 2009-22
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 "An 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption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.
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2009-22
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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
joint
Mayor and Common Council of the City of San Bernardino at a regular meeting
thereof, held on the 2nd day of February ,2009, by the following vote to-wit:
NAYS
ABSTAIN ABSENT
Council Members:
AYES
ESTRADA
x
BAXTER
x
BRINKER
x
VACANT
KELLEY
x
JOHNSON
x
MCCAMMACK
x
Q_~ h.~
City Clerk .
The foregoing resolution is hereby approved this ijp'_ day of _February 2009.
Approved as to form:
JAMES F. PENMAN,
City Attorney
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2009-22
AGREEMENT
Civic and Promotional
A. Organization has requested financial assistance from City for the
Fiscal Year 2008/09, in order to assist in defraying the expenses connected with the conduct of
EXHIBIT "A"
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2009-22
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
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3. Use of Funds.
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5 Paragraph 1 above. No deviation from these provisions shall be made without the express
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The funds paid to Organization shall be used solely for the purposes set forth in
approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by
Organization.
4.
Accountability.
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Financial records shall be maintained in accordance with generally
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accepted accounting principles by Organization in such manner as to permit City to easily trace
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12 the expenditure of the funds. All books and records of Organization are to be kept open for
13 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
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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
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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.
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26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers,
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Organization covenants and agrees to defend, (if requested by City), indemnify, and hold
attorneys, employees and agents from all liabilities and charges, expenses (including counsel
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2009-22
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSIST ANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
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fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt
ofthe funds paid hereunder and all operations under this Agreement. Payments hereunder are
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made with the understanding that the City is not involved in the performance of services or other
activities of Organization. The costs, salary and expenses ofthe City Attorney and members of
his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
for the purposes of this paragraph.
6.
Insurance.
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While not restricting or limiting the foregoing, during the term of this
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11 agreement, Organization shall maintain in effect policies of comprehensive public, general and
12 automobile liability insurance, in the amount of $1,000,000, per occurrence combined single
13 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally
14 insured. Said coverage shall require ten (10) day WJ:itten notice to the City if insurance is
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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.
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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
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
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
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2009-22
make the adherence to the obligations imposed by this agreement a binding obligation of the
organization.
9.
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:
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13 III
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City of San Bernardino
Black Culture Foundation
300 North "D" Street
P.O. Box 7288
San Bernardino, CA 92418
San Bernardino, CA 92411
Attn: City Manager
Attn: Frank Washington III, President
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first above shown.
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18 ATTEST:
19BY:~~,~
20 CIty Clerk
2009-22
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
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10.
Entire Agreement.
This agreement and any documents or instruments attached hereto or
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5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
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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
ERNARDINO
By.
Mar
LTURE FOUNDATION
By.
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ames F. Penman
24 ity A orney
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pproved as to form:
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2009-22
SAN BERNARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
6)CHI4!JIJ,'~ N
Name of Organization
!':;on "'~~lr i~n
Address
P. o. 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----1L No -
Date of Event Location Estimated No. of Attendees
Feb 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, Annual 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 1'l:3 000\ Southern Calif 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 City Services) A,Uto Dealers - 2,000
1'l:1 """I M~"'~h ,..~~ ''''''00\
Private Vehicles Owners ($500)
Total Dollar Amount Reauested of City A"""
A. TOTAL PROPOSED REVENUES 16 590
2009-22
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
MUST BE SUBMITTED TO crrv MANAGERS OFFICE 60 DAYS PRIOR TO EVENT FOR WHICH FUNDING IS REQUESTED NO EXCEPTIONS.
NAME OF ORGANIZATION: C::~n ]:loTn::trrlinr. Rl:::u-.1r '-"lH-nro J;lrmnr:l:::l+-;.....n
B. EXPENDITURES: (Include all known direct expenses connected with event)
EXPENSES AMOUNT TOTAL
PersonnellSalaries 0
Permits ""
Fire 0
Business License "
ABC 0
Other 0
Insurance
City of San Bernardino (attached Yes x No ) 4800
Park Damaae Bond 0
Park Clean Up Deposit/Damaae Bond n
Security
S.B.P.D. 0
Private Security 400
Other I<;:",..",.;!-u \ ''''''''
Advertisina 0
Radio 0
Newsoaoer 0
Banners 300
Fivers 25
Other 400
Entertainment
Music ?nn
Sound Svstem 200
Other 0
Promotional Items
Troohies ,~~ -. ..,,,,,,,
Ribbons and/or Plaques 0
T-Shirts 500
Other ,_ --... 1 An"
Sanitation
Portable Restrooms - Public Services 450
Special Events 1M; ~~ n' -,. !':;m ;n~ p 1t;nn
Banauets Facilities 7000
Parade (Black Culture Foundation Float) 500
Other - Parks, Recreation (Senior Kina & Oueenl 150
B.TOTAl PROPOSED EXPENDITURES ** (SEEATTACHEDl 21090
Summary:
A. Total Revenues
B. Total Expenditures
C. Total Fee Waivers -
(from Part III)
$ /~.59!J
$~I .Q 90
$rJ~331
D. Total Am0t Roested
$ 57) f)/rti:::f 1/
r u /II tJ/ Nfr"
""- .~".~
2009-22
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. /nD I
Traffic Control ./
Other
Fire
Site Insoections
Crowd Control
Facilities
Sound Svstem
Civic Center Use Permit
Public Services
Refuse Bins
Street Sweepina J50
Development Services A/l-rr II' A /JF"~ I<;/k d'5 (')~')
Plannina TUP
Buildina
Other (Explain) i
P ~rt <! rt:/:'/ (~r.' r7CJI'I )b.:21l
Total Amount of Fee Waivers (In-Kind Services) .:u :{:v
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
Facilities
Previous Year's Accounting Reviewed: Admin:
Finance