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HomeMy WebLinkAbout2009-333 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. 2009-333 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO - TACHIKAWA SISTER CITIES COMMITTEE FOR THE PROMOTION OF ARTS AND CULTURE. 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 - Tachikawa Sister City Committee for civic and promotional funding in the amount of $7,500 in direct funding from FY 2009-10 Budget, a copy which is attached hereto, marked Attachment "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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III 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 2009-333 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO - TACHIKAWA SISTER CITIES COMMITTEE FOR THE PROMOTION OF ARTS AND CULTURE. 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 5th day of October , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA ----.1L BAXTER X BRINKER X X SHORETT KELLEY X - JOHNSON X MCCAMMACK X Q~~. ~ ~ City Clerk The foregoing resolution IS hereby approved this October ,2009. 7TH' day of Approved as to form: JAMES F. PENMAN, City torney By: 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 2009-333 AGREEMENT Civic and Promotion Funding This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a unicipal corporation, referred to as "City" and SAN BERNARDINO - T ACHIKA W A SISTER ITIES COMMITTEE, a non-profit 501 ( c) (3 ) organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. A. Organization has requested financial assistance from City for the iscal year 2009/1 0 in order to assist in defraying the expenses connected with the conduct of vents related to the celebration of the 50th Anniversary of the San Bernardino - Tachikawa Sister Cities relationship scheduled for October 13 - 18, 2009. The terms of the request are ttached hereto marked Exhibit 1 and incorporated herein by reference and shall govern the uses f the funds provided herein. The financial assistance provided for in this Agreement is made on one-time basis, and receipt of said funds shall not imply a continuing obligation of the City eyond the terms of this Agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the onduct of events related to the San Bernardino - Tachikawa 50th Anniversary celebration. 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to San Bernardino - Tachikawa Sister Cities Committee, on behalf of Organization from the civic and promotion budget for the 2009/10 fiscal year, the total sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500). ATTACHMENT "A" 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 2009-333 GREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO - ACHIKA W A SISTER CITIES COMMITTEE, FOR FY09/1 0 CIVIC AND PROMOTION UND ASSISTANCE. 3. Use of Funds. The funds paid on behalf of Organization shall be used solely for the purposes set orth in Paragraph 1 above. No deviation from these provisions shall be made without the xpress approval of the City of San Bernardino. Any unexpended funds shall be returned to the ity by Organization. 4. Accountability. Financial records shall be maintained in accordance with generally ccepted accounting principles by Organization for this event in such manner as to permit City to asily trace the expenditure of the funds. All books and records of Organization for this event re to be kept open for inspection at any time during the business day by the City or its officers r agents. Failure to submit the financial records in accordance with this section will result in the rganization reimbursing the City in the full amount received by Organization. At the onclusion of the program, Organization or its designee shall present the City Manager or his esignee copies of all receipts for expenditures connected with said program in the total amount f SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500). 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold armless the City, its departments, agencies, boards, commissions, elected officials, officers, ttorneys, employees and agents from all liabilities and charges, expenses (including counsel ees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt f the funds paid hereunder and all operations under this Agreement. Payments hereunder are ade with the understanding that the City is not involved in the performance of services or other 2 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 2009-333 GREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO- ACHIKA W A SISTER CITIES COMMITTEE, FOR FY09/1 0 CIVIC AND PROMOTION UND ASSISTANCE. ctivities of Organization. The costs, salary and expenses of the City Attorney and members of is office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" or the purposes of this paragraph. 6. Insurance. While not restricting or limiting the foregoing, during the term of this greement, Organization shall maintain in effect policies of comprehensive public, general and utomobile lia?ility insurance, in the amount of $1 ,000,000, per occurrence combined single imit, naming the City of San Bernardino, its departments, agencies, boards, commissions, lected officials, officers, attorneys, employees, and agents as additionally insured. A certificate finsurance evidencing such coverage shall be provided to the Mayor or her designee, with the dded notation that the insurance policy shall not be terminated or materially altered without 10 ays prior written notice to the City. 7. Termination. City shall have the right to terminate this Agreement and any funding emaining unpaid hereunder at its sole discretion by mailing a ten-day written notice to rganization and this Agreement shall terminate ten days after the mailing of such notice. In the vent this Agreement is terminated for reasons of improper use of funds or use of funds for any urpose other than those authorized, any unexpended portion of the funds provided by City shall e returned to City, and the Organization shall reimburse to City any funds expended which were sed for any purpose other than those authorized under this Agreement, as set forth in Exhibit 'A". 3 2009-333 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO - TACHIKA W A SISTER CITIES COMMITTEE, FOR FY09110 CIVIC AND PROMOTION 1 FUND ASSISTANCE. 2 3 4 5 make the adherence to the obligations imposed by this Agreement a binding obligation of the 6 7 8 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to Organization. 9. Notices. All notices herein required shall be in writing and delivered in person or 9 sent by certified mail, postage prepaid, addressed as follows: 10 11 12 13 14 15 16 17 IIIII 18 I I I I I 19 I I I I I As to City: As to Organization: City of San Bernardino SAN BERNARDINO - T ACHIKA W A SISTER CITIES COMMITTEE 300 N. D. Street 3608 North Pershing Ave. San Bernardino, CA 92418 San Bernardino, CA 92405 Attn: City Manager Attn: Robert Fredericks 20 IIIII 21 IIIII 22 23 IIIII 24 IIIII 25 IIIII 26 IIIII 27 28 4 2009-333 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO - T ACHIKA W A SISTER CITIES COMMITTEE, FOR FY09/1 0 CIVIC AND PROMOTION FUND ASSISTANCE. 1 10. Entire Agreement. This Agreement and any documents or instruments attached hereto or 5 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 6 of conflict between the terms, conditions or provisions of this Agreement, and any such 7 document or instrument, the terms and conditions of this Agreement shall prevail. 8 In witness whereof, the parties hereto have executed this Agreement on the day and date 9 first above shown. 10 11 12 13 14 15 16 17 ATTEST: 18 By: ~~!.i.~ City lerk 19 20 Approved as to form: 21 22 23 24 25 26 27 28 James F. Penman City Attorney By: By. San Bernardino - Tachikawa Sister Cities Committee By. f.~ ~.A. ~ rILl ~ Robert Fredericks, Chairperson 5 2009-333 ~a~ B~rn~r;i~,~a~f~n~,Iu~.~.'" ~ a ~h i; a:a ,~o ~ y ~,J ~ a~ SAN BERNARDINO - T ACHIKA W A SISTER CITY 50TH ANNIVERSARY CELEBRATION OCTOBER 15, 16 & 17, 2009 BUDGET PROPOSAL FOR THE 50TH ANNIVERSARY CELEBRATION PRESENTED BY: JUDY MACULSA Y CHAIRPERSON FOR THE ANNIVERSARY CELEBRATION ROBERT AND JULIE FREDERICKS CO-CHAIRPERSONS OF THE SAN BERNARDINO - T ACHIKA W A SISTER CITY COMMITTEE JEANETTE AVILA TREASURER Exhibit 1 . Plans for the 50th Celebration 2009-333 Group size: 30 - 40 Group 2 will be the Mayor's Group of20 Group 3 will be the Tachikawa - SB Sister City Committee Three nights: Oct 15 - 17, 2009 Fly in LAX Thursday October 15, 2009 Arrive in LAX and get a bus to bring each Group to San Bernardino Take a Coach to San Bernardino (arranged by their tour guide) Arrive at Hilton Hotel 5 :00 - 5 :30pm SB Tachi Committee to provide light snack for guests at the San Bernardino County Museum and this will be a time for the Delegation from Japan to meet some of the San Bernardino - Tachikawa Sister City Committee members. The guests will also receive an itinerary with any changes. Friday, October 16,2009 Breakfast at Hotel- check with Tour Guide to see if this meal is included in the price of the ticket Interpreter from CSUSB Yasuda Center - Professor Tim Ervin Coach to pick up group at 7:15am in front of Hilton. Coach will be provided by the SB- Tachi Committee The Delegation will take a ride to the former Norton Air Force Base Ride to Stater Brothers' Distribution Center This Distribution Center is the largest grocery distribution center in the area and is a local company that has been very successful in the area. The Delegation will tour the Distribution Center as guests of the President of Stater Brothers' - Mr. Jack Brown. 8:00 - 9:00 Tour Distribution Center and have light refreshments 9:00am - 9:30am Meet and be welcomed by Mr. Jack Brown 9:30am - 10:30am Tour Norton Air Force Base The Delegation will return to the Coach and a formal tour will be taken Coach to tour around Norton Air Force Base provided by IVDA (Redevelopment Agency) At this time the students will be taken to a nearby public school to meet S.B. students Students have been invited to tour the Public Safety Academy which is next to Stater Brothers' Distribution Center The students will be finished with their tour by the time the Delegation finishes touring and all of the Delegation will be together. 10:30am Coach to take Delegation to City Hall 11:00am Mayor Meeting 11:00 -11:20am Mayor Morris to meet with Mayor Shohei Shimizu 11 :25am Official Re-Signing of Sister City Exchange Program Time for Delegates to be officially welcomed to San Bernardino Honorary Citizens 2009-333 12:00 pm Coach for Touring: Interpreter -CSUSB - Professor Tim Ervin Sturges Auditorium -see the Gazebo which was donated by Tachikawa Wildwood Park to view the Arrowhead Coach to take Delegation to Castaways for lunch 1:00pm - 2:30 pm lunch at Castaways - Dr. Albert Karnig to attend the luncheon and Welcome the Delegation Dr. Karnig is the President of California State University at San Bernardino After the luncheon, the Delegation will tour his university Luncheon Buffet paid for by SB- Tachi Committee 2 :30 the Coach will take Delegation to Cal State University at San Bernardino Cal State University at San Bernardino - Yasuda Building The Delegation will take a guided tour Cal State They will see the Indian Artifacts that have been presented to the Student Union Coach to take Delegation to Hotel Return to Hotel by 5:00pm 6:30pm Evening Dinner provided by the San Manuel Indians This will include a dinner and time to enjoy the casino Separate dinner will be provided by the Tachi-kids 2009 for the Tachikawa Student Group Bowling Party and Entertainment for the Tachikawa Student Group This evening for the Tachikawa Student Group will be provided for by the Tachi-kids 2009 and their parents - Bowling and Pizza Party Students will be picked up and transported by the Tachi-families 2009. 2009-333 Saturday, October 17,2009 Breakfast at the Hotel - with Tour Guide to see if this meal is included in the price of the ticket Coach: 9:00am provided by the SB- Tachi Committee will pick up the Delegation in front of the Hilton Hotel. The coach will transport the Delegation to the discount shopping mall for a time of shopping - this will not be a guided a tour - everyone can shop and do as they prefer. Ontario Mills - Tachikawa group will be shopping for about 2 hours. The Ontario Mills has shops of every interest: clothes, shoes, books, music, leather goods, and more. Lunch is not provided by the SB- Tachi Committee - Food Court is available and the Delegates may choose their own food and eat when they want. At the Ontario Mills the Student Delegation will go with the Tachi-kids 2009. They will go to a fun area called Game Works and will be chaperoned by the Tachi-kids 2009 and their parents. If the students want to go shopping, then they will be escorted by one of the Tachi-kids 2009 or a family member. They will have time for lunch. 12:30pm pick up the Delegation and go to Victoria Gardens for shopping. This area is a newer shopping area and is more expensive, but nice to see and walk around. 2:00pm pick up group and return to Hotel F onnal Reception at Shandin Hills Golf Course Interpreter - Fumiko Fisher Fosdick 5 :30 - 6:30pm Social Open Bar - includes soft drinks, draft beer, and house wine Unlimited Fruit Punch Hors d' oeuvres (cheese and crackers) 6:30 -7:00pm Speeches and Thank yous - presentation of gifts Champagne and Sparkling Cider Toast 7:00 - 8:00pm Dinner and dessert Full Two Course Meal-Specialty two entree combination Petite Filet Mignon and Fillet of Salmon All Entrees selections are served with Garden Salad Rice Pilaf Chef s Selection of freshly steamed vegetables Warm rolls/butter, coffee, decaf, hot tea and iced tea Dessert - fresh fruit compote 8 :OOpm Entertainment Examples of original Music and Dancing in San Bernardino Ballet Folklorica Cultural - Mexican dancing provided by local dancers Dance Performance by Kazuko Ichikawa, vice president of Tachikawa Committee Return to Hotel provided by SB - Tachikawa Sister City Committee members 2009-333 Sunday, October 18, 2009 Tachikawa Group leaves at 3:30 am by Coach for LAX as arranged by their Tour Mayor Shohei Shimizu Group will go to Disneyland for the day as arranged by his tour 2009-333 San Bernardino-Tachikawa 50th Anniversary Celebration Budget Date of Event Description Costs Oct. 15,2009 Light Meal for Delegation $ 500.00 Fruit Baskets in rooms $ 500.00 Transportation for Delegates $ 2,714.00 Oct. 16,2009 Snack items $ 200.00 Gratuity for Driver $ 1 00.00 Interpreter's fees $ 200.00 Lunch for Delegates $ 2,000.00 Dinner $ 3,500.00 BowlinQ / Pizza $ 600.00 Oct. 17,2009 Game Works and Lunch $ 500.00 Gifts for Delegation $ 1,000.00 Dinner and Program $ 4,240.00 September Delegation $ 500.00 Flowers $ 300.00 Miscellaneous Items $ 2,600.00 Banners $ 1,000.00 Postage / Printing $ 1,600.00 Total Budget $ 22,054.00 San Manuel Sponsorship $ (3,500.00) EDA Sponsorship $ (10,000.00) City of San Bernardino Civic and Promotion Funding $ (7,500.00) 7/6/2009 8/3/2009 8/17/2009 2009-333 FY 2009-2010 CIVIC & PROMOTIONAL BUDGET Total Year to Date Budget Balance YTD $ 153,500.00 $ 149,700.00 $ 106,300.00 $ 103,700.00 $ 103,700.00 Attachment "A"