HomeMy WebLinkAbout2010-022
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RESOLUTION NO. 2010-22
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL
ASSISTANCE FROM THE 2009/2010 CIVIC AND PROMOTION FUND.
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
2009/2010, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days ofthe adoption
of this resolution.
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2010-22
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING Tij:E
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL
ASSISTANCE FROM THE 200912010 CIVIC AND PROMOTION FUND.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint re~ularmeeting
thereof, held on the 1st day of February, 2010, by the following vote to-wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
SHORETT
x
11
12
13
14
15
16
17
18
19
20
21
Approved as to form:
22
23
24
KELLEY
x
JOHNSON
x
MCCAMMACK
x
Q~~ h - t6<-Je.
"-
City Clerk
The foregoing resolution is hereby approved this c5?/?':/ day uf February ,2010
~
City of San Bernardino
JAMES F, PENMAN,
City A orney
25
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2010-22
AGREEMENT
Civic and Promotional Funding Agreement
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, hereby referred to as "City" and the SAN BERNARDINO BLACK CULTURE
FOUNDATION, INC" a non-profit organization, hereby referred to as "Organization."
The parties agree to as follows:
1. Recitals,
A, Organization has requested financial assistance from City for the Fiscal Year
2009/1 0, in order to assist in defraying the expense of events related to their 2010 Black History Week
celebration, as outlined in their Request for Funding to the Mayor and Common Council, a copy of
which is attached hereto and marked as Attachment A, The terms of the request are incorporated
herein by reference and shall govern the uses of the funds provided herein, The financial assistance
provided for in this. agreement is made on a one-time basis, and receipt of said funds shall not imply a
continuing obligation of the City beyond the terms of this agreement.
B. The expenditure is for a valid municipal public purpose, to wit: for the conduct
of events related to their 20 I 0 Black History Week celebration and Black History Parade scheduled for
February 6, 2010.
2, Payment.
Upon presentation of a claim to the City's Finance Director, City shall pay the total sum
of$5,000 to Organization from the FY 2009/10 Civic and Promotion Fund,
3, Use of Funds,
The funds paid to Organization shall be used solely for the purposes set forth in
Paragraph 1 above, No deviation from these provisions shall be made without the express approval of
the City of San Bernardino, Any unexpended funds shall be returned to the City by Organization,
I
2010-22
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2009/2010 CIVIC AND
PROMOTION FUND.
4, Accountability,
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 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, lIoldlIarmless,
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 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 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 of the 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,
2
2010-22
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2009/2010 CIVIC AND
PROMOTION FUND.
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 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,
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 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 which 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 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:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Manager, 6th Floor
As to Organization:
Black Culture Foundation
P,O, Box 7288
San Bernardino, CA 92411
Attn: Margaret Hill, President
3
2010-22
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2009/2010 CIVIC AND
PROMOTION FUND.
10. Entire Agreement.
This agreement and any documents or instruments attached hereto or referred to herein
integrate aH 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 ofthis agreement shaH prevail.
In witness whereof, the parties hereto have executed this agreement on the day and date first
above shown,
By
SAN BERNARDINO BLACK CULTURE
FOUNDATION
By,
ATTEST:
By:~h,~
City Clerk
Approved as to form:
James F, Penman
City Att ey
4
Date~
Date: 02/f,,0.t>
Do..(..." Jj ~ J;}-o I D
San
Bernardino
BLACK
~~
CULTURE
FOUNDATION
ExECUTI::TiOMM/TTEE
Frank Washington, III
President
Joann Roberts
1st Vice President
Taylor Avery
2nd Vice President
Charles Burris
Treasurer
Genevieve G. Echols
Secretary
ADVISORS
W. Robert Fawke
Mary Fawke
Thomas J. Gueston
Margaret B. Hill
Ida N. Roberson
Juanita H. Sco~ Ph.D.
Josel'h Smitn Jr.
Syble M. Tompkins
CORPORA TE SPONSORS
SAN~MANUEL
BANDOfllll'MJ5510N INDIANS
SPONSORS
Arrowhead Credit UnIon
Community Hospital
of San Bernardino
San Bernardino City
Unified School District
Edison International
The Gas Company
2010-22
f) If tu1 f<-fV(..I.M1' A
San Bernardino
Black Culture Foundation
P. O. Box 7288
San Bernardino, CA 92411-0288 ~
~C'S
6?c:-C 1~b
1/
December 11, 2009
-
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C'~ C>'s.
4r"1J <>,,4.
<>""r~ *'<>ro;,
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Mayor and Common Council
City of San Bemardino
300 North D Street
San Bernardino, Ca. 92418
Re: 2010 Black History Parade- Theme ("Building Bridges, Between Cultures and Generation")
The 41st Annual Black History Parade will be held at 10:00a,m" Saturday,
February 06, 2010. 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 ancj its other activities, as reflected in the attached budget,
The SBBCF is requesting a waiver of fees and support services, closing of streets,
and banicades 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 guests,
b, Red, white and blue bunting to decorate the stage.
c, Bleachers from the City of San Bernardino and crews to transport the
bleachers.
A Hold Harmless Agreement has been prepared and a map of the 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,
d" L ~
Frank washlgt~n 1/1, ;~nt
FW/gge
Encl
2010-22
-----,
ACC>RY CERTIFICATE OF LIABILITY INSURANCE I OATEiMMtDDlYYYY)
~ 0112612010
PRODUCER I HIS cERTlFICA TlON IS ISSUED AS A MA TT"R_ uF INFORMATION
ECHOLS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
219 S ORANGE AVENUE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
RIAL TO, CA. 92376 ! NAle#
INSURERS AFFORDING COVERAGE
.-._-~~- ---.- ... .._"-----~---_.~ -- ----~~---------~-- , "'__.m ._._~___'_...m____~______._,__ -,------ --r --.'.-- ._.~..
INSURED _!~~~_~~_~___~~.2!!SDALE ~~S_l!_~NCE COM~ANY
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SAN BERNARDINO BLACK CULTURE FOUNDATION INSURER o' ! ..---
PO BOX 7288 "--- ._~_._- ,__.._.___m_ "-r-- - ---- ,-",
INSURER C;
SAN BERNARDINO, CA. 92411 .__.~.,-,-- . .- -.,....-.. .,------- ...f-------
INSURER D.' i
-- -- -.-.--...--------.-- "-".-.-----
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN_S~RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOl'JVlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFtCATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONomONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOV\IN MAY HAVE BEEN REDUCeD BY PAlO ClAIMS
tNS ADD' - TYPEOFINSUAANCE f ",,,,,.,,,,,,,,,, ..:ouCYNUMBER - .--. ".m~:~~
,
GENERAL UASlUTY
><......j...C..?MMERClAL GeNE~..~..LIABlUTY
____ _ __J Cl,AIMSMAOE L____ 1 OCCUR
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0113012010
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0113012011 i EACH OCCURRENCE
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! MEO EXP 5!Y'r5'f'~.~.r1L _ .~~ ..____ ___
i PERSONAL & AOV INJURY $
f~"E-;;ERAL;~~~Te $ ,._,,,,,. 1,000,000
! PRODUC~~ COMP,o~';;GG-" $
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EXCESSAIUBRELl.A UABlLlTY
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DESCRIPTION OF OPERATIONS I LOCATIONS 1 YEJifCLES I EXCLUSlONS ADDEO BY fiNOORSGMENT I SPECiAL PROVISIONS
WORKERS COMPEN8AT1ON AND
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SAN BERNARDINO BLACK CULTURE FOUNDATION 2010 PARADE AND EXPO - TO BE HELD ON FEBRUARY 06, 2010; BEGINNING ON THE CORNER
OF 8TH AND E STREETS, TRAVELING SOUTH TO 2ND STREET TURNING LEFT, PROCEEDING TO 0 STREET TURNING LEFT AND ENDING AT 3RD
STREET IN FRONT OF CITY HALL.
CITY OF SAN BERNARDINO IS NAMED AS ADDITONAlINSURED, AS THEIR INTEREST MAY APPEAR.
CERTIFICATE HOLDER
CANCELLATION
CITY OF SAN BERNARDINO
300 N "0" STREET
SAN BERNARDINO, CA. 92410
SHOULD ANY OF THE ABOVE DESCRlBED POUCfES BE CANCeu.ED BEPORE THE EXPiRATION
DATE THEREOF, THe lSSUtHG INSUReR \/IIlI.L ENDeAVOR TO MAIL _ DAY$ WRITTEN
NOTICE TO THE CERTIFICATe Hou:n;.R NAMED TO THE LEFT. BUT FAILURE TO 00 so SHALL
IMPOSE NO 08~AnoN OR UA8ll.ITY Of' ANY KIND UPON THE INSURER. ITS AGENT!! OR
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ACORD 25 (2001108)
2010-22
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HOLD HARMI,R:SS ANiHNDEMNIFICAXION
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Lii:ensCelP~ttee Shallprotect,defend,iridClllbify Wid hOld the City Wid its eledive 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 l!Nery
. kind aild 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, peisonal 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 oCCUJ:ril!g orin
any ways incident to, in connection with or arising directly or indiiectly out of this
ilgreeI!lenl LicenseclPermittce shall invesl.i,gate, handle, rCspond to, provide defense for
and defend any such claims, demand, or suit at the sole expense of the Licensee!
Permittee, LicenseeIPennittee shall also bear all other costs and expenses related thereto,
. even if the claim or c1aftns alleged are groundless, false or fraudulent This provision is
not intended to create any cause of action in favor of any third party against
LicensCelPermittee or the City or to en1arge in any way the LicenseCIPermittee'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 LicenseelPermittee' s performance
hereunder. . . .
December 11, 2009
D~4
San Bernardino 81ack Culture Foundation, Inc;
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L~ens~/l~ .......
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(Attach a c~rtified copy of documentation, which will authorize Applicantto contract on .
behalf of corporationlbusiness.) .
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2010-22
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8th street n;" ? t1 ni" < .1'1"
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Auditorium 111 (ll
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7th street ",.. A lJPolice
:+Station
Victoria !II
6th Street
Public
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5th Street
4th Street .-
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111 0.
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2010-22
SAN BERNARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
Name of Organization San Bernardino Black Culture Foundation, Jne.
Addr~O Box 7288 San Bernardino CA 92411
C'f1.t<fifa~r~aeston 9a~~~84-4173
Designation of 5-1 c (3) non-profit status of Organization
Fax
(Attached: Yes 1L- No_
Date of Event Location
February 06, 2009 Eighth and "E" Streets
P~lPfflEffi'~t({''Wi~ry Month activities consisting of "Miss Black San Bernardino
pa eant Crown'n of Senior Kin and ueen Annual Parad Black Hi to
and Gospel Program.
Estimated No. of Attendees
PROPOSED CURRENT BUDGET
A. REVENUES: (List all anticipated revenues other than City of San Bernardino)
AMOUNT TOTAL
Soonsorshics R<;OO -
.
Reaistrations 0
Promotions concessions souvenirs oroaram sales l/4U
Donations I' . -, 'HOO
In Kind Services (Other than City Services) 2000 ;
....---...., ,...... '':) -
Total Dollar Amount Reauested of cTtV 5000
A. TOTAL PROPOSED REVENUES ,n<;d,()
'1
a
2010-22
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
IfllSTBE ~'lRlIITTED m rJrYU4IUIGER'S OFFICEfiO DAYS PRIOR 10 EVEMTFOR WHICH FUNDING IS RFOIIESTED NO F.X'CEP1JONS.
NAME OF ORGANIZATION: San Bernardino Black Culture Foundation, Inc.
B. EXPENDITURES: (Include all known direct expenses connected with event)
EXPENSES AMOUNT TOTAL
Personnel/Salaries -f)
Permits
Fire
Business License
ABC
Other he;
Insurance
City of San Bemardino (attached Yes No , 41,il,
Park Damaoe Bond
Park Clean Uo DeoositlDamaae Bond 128 l
SecuritY
S.B.P.D.
Private Security 723
Other C;...rllrml
Advertisina
Radio
Newsoaoer ot:::
Banners -
.
Fivers 350
Other
Entertainment
Music IL'::! ,
Sound Svstem -~nn .. .---.-.-
Other . (Photoaraohv) I::I::n ......-
Promotional Items --~
Troohies e;c;) '-'
Ribbons and/or Plaaues ()
T-Shirts l'>1A ,.
Other -
.......0
Sanitation .
Portable Restrooms - Public Services ')')1::
Special Events
Banauets Facilities
Parade
Other-Parks Recreation
B. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHEDl 16632
Summary:
A, Total Revenues
B. TotalExpend~unes
C. Total Fee Waivers-
(from Part III)
$ 20540
$_16632 _
$ . ,.J],f'57.77
D, Total Amount Requested
$ 5000
2010-22
REQUEST FOR CIVIC AND PROMOTION FUNDING
REQUEST FOR FEE WAIVERS (PART III)
NAME OF ORGANIZATION: San Bernardino Black Cultural Foundation
(List all City services for which you are requesting fee waivers)
C. Fee Waivers
AMOUNT
Police 18 438.86
Securitv
Traffic Control
Other
Fire
Site Inscections
Crowd Control
Facilities
Sound Svstem
Civic Center Use Permit
Public Services
Refuse Bins
Street Sweenina 368.88
.
Develocment Services
Plannina TUP
Buildina
".~~~ 2 422 03
Other IExclain\
Parks and Recreation 2 628.00
Total Amount of Fee Waivers (In-Kind Servicesl 23,857.77
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
Facilities
Previous Year's Accounting Reviewed: Admin:
Finance