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Home My WebLink About2010-096 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. 2010-96 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY FOR FINANCIAL ASSISTANCE FROM THE 2009-2010 CIVIC AND PROMOTION FUND TO ASSIST WITH THE BICENTENNIAL RAILROAD DAYS EVENT. 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 Historical and Pioneer Society 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. //1 //1 1// //1 //1 //1 //1 //1 //1 1// 1 2 3 4 5 6 2010-96 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO HlSTORlCAL & PIONEER SOCIETY FOR FINANCIAL ASSISTANCE FROM THE 2009-2010 CIVIC AND PROMOTION FUND TO ASSIST WITH THE BICENTENNIAL RAILROAD DAYS EVENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day of May ,2010, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ 8 DESJARDINS x x 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x BRINKER SHORETT x KELLEY x x JOHNSON MCCAMMACK x Q~J:i_~ --- City Clerk The foregoing resolution is hereby approved this 6711 day of Mav ,2010 Approved as to form: JAMES F. PENMAN, C~ ~ By. . ~l~i~;"lud 2 2010-96 AGREEMENT City of San Bernardino Historical and Pioneer Society 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 HISTORICAL & PIONEER SOCIETY, 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 2009/10, in order to assist in defraying the expense of events related to their 20 I 0 Railroad Days Celebration. The terms of the request (Attachment A) 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 2010 Railroad Days Celebration scheduled for May 8-9, 2010. 2. Payment. Upon presentation ofa claim to the City's Finance Director, City shall pay the total sum of $4,000 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 I 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. 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 I 2010-96 AGREEMENT City of San Bernardino Historical and Pioneer Society Civic and Promotional Funding Agreement 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. Hold Harmless. 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 2010-96 AGREEMENT City of San Bernardino Historical and Pioneer Society Civic and Promotional Funding Agreement 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: San Bernardino Historical and Pioneer Society P.O. Box 875 San Bernardino, CA 92402 Attn: Steve Shaw, President 3 2010-96 AGREEMENT City of San Bernardino Historical and Pioneer Society Civic and Promotional Funding Agreement 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. By. Date: 5- l.,-\ 0 HISTORICAL AND PIONEER SOCIETY BY,~_ Steve Shaw, President Date: S II ~ 110 ATTEST: By:.~~h.~ City Clerk Approved as to form: James F. Penman Ci~ey 9 By: ~~~/~(~ 4 2010-96 Visit San BernarJino's Historic Depot built in 1918 Steam Engine 3751 MODEL TRAIN LAYOUTS HISTORICAL EXHIBITS OLD CARS & TRUCKS FOOD. DRINKS & MUSIC May 8 &9 2010 J.lenaor Infonnarion: 909260-5745 m,:rda'tlsta>tnl!'ot,"Oll1. ~\l:l"l'ltENN(At fti\II~i...,!.Hrlgltlftl/llffo S.lI"'dbytht CiI).fSa. BmAnIilWONi thts.,BmAnIilW H.."d- w..IM.... Attachment A The requested funds will be used for the following: · Portable toilets · Extra security · Electrical hookups for the modelers and vendors · Additional advertising and promotional materials