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HomeMy WebLinkAbout06.A- City Manager RESOLUTION(ID# 1471) DOC ID: 1471 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION AgreementlContract From: Charles McNeely M/CC Meeting Date: 01/23/2012 Prepared by: Brandon Mims,(909)384-5122 Dept: City Manager Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the City of San Bernardino and the Black Culture Foundation for Financial Assistance from the 2011-2012 Civic and Promotion Fund. (Recommended for Approval at the Ways and Means Committee Meeting of January 11, 2012 - Committee Members Present: Kelley, Johnson, Shorett) Financial Impact: Account Budgeted Amount: $153,500 Account No. 001-090-5186-0000-0052 Account Description: Civic and Promotional Balance as of 12/1/2011: $77,741.13 Balance after approval of this item: $71,741.13 Motion: Authorize direct funding in the amount of $6,000 and indirect funding in the amount of $26,358 from the FY2011/12 Civic and Promotion Fund; approve waiver of fees for use of City personnel and equipment to assist with the 2012 Black History Event; and adopt Resolution. Svnoosis of Previous Council Action: January 11, 2011 -Ways and Means Committee recommended item for approval. January 20,2010 -Ways and Means Committee recommended item for approval. February 2,2009 -Mayor and Common Council authorized request for funding. January 22,2008 -Mayor and Common Council authorized request for funding. Background: Attached is a request from the Black Culture Foundation for $6,000 in direct funding from the Civic and Promotion Fund to defray the cost of activities associated with the Black History Parade, which is scheduled for February 4, 2012. The Foundation is also requesting a waiver of fees totaling $26,358 for the use of City personnel and equipment to assist with the event as follows: Departmental Accounts Amount Updated: 1/19/2012 by Mayra Ochiqui 1471 Police $18,439 security/personnel vehicles Parks and Recreation $2,628 labor/equipment (bleachers, stage, chairs, set-up and breakdown) Public Works $369 refuse/street sweeping Public Works $2,422 engineering(street closure,after hours costs, associated fees) Court Street Square $2,500 Total Indirect Costs $26,358 Direct Costs $6,000 (cash) Total Costs $32,358 Funding requests and fee waivers for this event have been approved by the City on an annual basis since 1996. Financial Impact: Direct funding in the amount of$6,000 from the Civic and Promotion Fund and a waiver of fees for City personnel and equipment in support of the event in the amount of$26,358 constitute the costs to the City for this event. City Attorney Review: Supporting Documents: RESOLUTION TEMPLATE 1 (DOC) Back-up 01 -Black History Parade Request (PDF) Black History Agreement 2011-2012(DOC) Updated: 1/19/2012 by Mayra Ochiqui 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO 4 BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE 2011/2012 CIVIC AND PROMOTION FUND FOR THE 2012 BLACK HISTORY 5 PARADE 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO THAT: 8 SECTION 1. The City Manager is hereby authorized and directed to execute an 9 Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by 10 reference as fully as though set forth at length, between the City of San Bernardino and the 11 San Bernardino Black Culture Foundation for financial assistance from the 2011/2012 Civic 12 13 and Promotion Fund for the 2012 Black History Parade. 14 SECTION 2. The authorization to execute the above referenced agreement is 15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 16 adoption of this Resolution. 17 18 19 20 21 22 23 24 25 26 27 28 /// RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 `— SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE 3 2011/2012 CIVIC AND PROMOTION FUND FOR THE 2012 BLACK HISTORY 4 PARADE 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting 8 thereof,held on the day of 2012, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 JENKINS 13 BRINKER © 14 SHORETT 15 KELLEY 16 17 JOHNSON 18 MCCAMMACK 19 20 Rachel G. Clark, CMC, City Clerk 21 22 The foregoing Resolution is hereby approved this day of 2012. 23 24 Patrick J. Morris, Mayor 25 City of San Bernardino Approved as to form: 26 JAMES F. PENMAN, 27 City Attorney 28 By C 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: I. Recitals. A. Organization has requested financial assistance from City for the Fiscal Year 2011/12 in order to assist in defraying the expense of events related to the 2012 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, which is the conduct of events related to the 2012 Black History Week Celebration and Black History Parade scheduled for February 4,2012. 2. Payment. Upon presentation of a claim to the City's Finance Director, City shall pay the total sum of$6,000 to Organization from the FY 2011/12 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 written 1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2011/2012 CIVIC AND PROMOTION FUND. 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 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, 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 attorney 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 "attorney fees"for the purposes of this paragraph. 2 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2011/2012 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 the terms of this Agreement. 8. Authorization to Execute. j 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. i All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid,addressed as follows: i As to City: As to Organization: City of San Bernardino Black Culture Foundation i 300 North"D"Street P.O. Box 7288 San Bernardino, CA 92418 San Bernardino, CA 92411 O Attn: City Manager, 6a'Floor Attn: Joann Roberts, President i A 3 I AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2011/2012 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This Agreement and any documents or instruments attached hereto or referred 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. CITY OF SAN BERNARDINO By. Date: Charles McNeely, City Manager SAN BERNARDINO BLACK CULTURE FOUNDATION By. Date: Joann Roberts, President ATTEST: By: City Clerk Approved as to form: James F. Penman City Attorney By: 4 San Bernardino San Bernardino BLACK Black Culture Foundation P. a Box 7288 San Bernardino, CA 92411-0288 CULTURE October 17, 2011 FOUNDATION EXECUTIVE`ti \ WTTEE Mayor and Common Council Joann Roberts City of San Bernardino President 300 North D Street Genevieve G.Echols San Bernardino, Ca. 92418 1st Vice President Taylor Avery Re:2011 Black History Parade—Theme("Give Thanks to the Past,Appreciate the 2nd Vice Pre sident Present, and Leave a Legacy for the Future Charles Burris Treasurer The 43rd Annual Black History Parade will be held at 12:00 p.m., Saturday, Eveiyn Gonzalez February 04, 2012. The parade is to start at Eight and E Streets, proceed south Secretary and end at Third and D Streets. ADVISORS As a non-profit organization, we request financial assistance from the City to defray W. Robert Fawke the cost of the parade and its other activities, as reflected in the attached budget. Margaret B.HAI Joseph Smith Jr. We request a waiver of fees and support services, closing of streets, and Frank Washington lit barricades along the parade route. Additionally, we request the loan and delivery of the following: CORPORATE SPONSORS a. one large stage to be placed in front of the Carousel Mall Parking structure on E"Street along with twenty chairs and two tables which will be used to seat our special guest. b. Use of Court Street Square and Public restrooms at Court Street Square. c. Bleachers, Chairs, Tables, and Viewing Stand from the City of San Bemardino and crews to transport same. San lil'I'sat iBit 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 SAW— MAN UEL the Certificate of Insurance is attached. Should you require additional information, BAND OF M1551M wDMS please contact Ms. Evelyn Gonzalez at(909) 888-1696 or(909) 763-9483. SPONSORS Thank you for considering our request and we hope to hear from you soon. Community Hospital Sincerely, of San Bemardino San Bemardino City unified School District Jo nn Roberts, President - Edison Intemational The Gas Company JR/eg Encl �---.PARADE/SPEOMMAM PAMMATION --� - CITY OF SAN BERN MINO. MUNICIPAL:CODE 5:42 SAN BERNARDINO BLACK CULTURE FOUNDATION INC Cho&One: :c®n:�•• ••� ® Parade - P. O. BOX 7288 SAN BERNARDIN0, CA 92411 Ef $pedal EVatu tnol i a hn . FEBRUARY 4 , 2012 HwAwwMAddrM baftd Mt (909)' 76.3-9493 'ono LOW Ph" 12 tOO Slawgiinr - - --• . 2 : 00 p .m. cwpamwwauwM Eeamaud Tare Celebrating divers ity in the Clwpmaw.Bwdn load Thv WtU TAYLOR AVERY 909-386-2602 city of San BernardinoEvet Haaw EVELYN GONZALEZ - 909-763-9483 _ Recognizing Black History Assembly Area 8th and "E" Street Estimated S"Galore 3, 000 Number of Vehides and Persons in Each 125 E n r r; e c Describe Sound AmMn9 pg pment to be used Commercial Describe Training or insfructbns Given to Parg*Wft Parade Line Up Direction MUmbatd Aesueoms and Water Facilities Six nortables and . The urdersloned makes n f r a parade/ape W even(and kt support of said applkalion,o&MO that all statements- herein are true,a=hWe�M*W.FalsBka(bn orunappmved dhanoes rrray resort in the oanceila(ka of tNs!AWrrcation. AppNaardacknow/edoes rea®0t of a COPY of the nigda(tons and fo ttnxdfolm to Name of Organization: SAN BERNARDINO BLACK CULTURE FOUNDATION, INC Date/TimeofEvent: FEBRUARY 4, 2012 12 : 00 p .m. Location: 8TH AND "E" STREETS Type of Event: BLACK HISTORY PARADE Event ChairmaaPhone I#: TAYLOR AVERY 909-386-2602 EZ 909-7639483 Dzte: OCTOBER 17, 2011 (The date that the organization picked up the parade package—Application, Instructions, Hold Harmless) SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART 1) Name of Organization SAN BYRIThRDINO BLACK CULTURE FOUNDATION, INC Address POST OFFICE BOX 7288, SAN BERNARDINO, CA 92411 Contact Person Phone Fax Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes N No_ Date of Event Location Estimated No. of Attendees 3, 000 Purpose of Funding 2012 BLACK HISTORY MONTH ACTIVITIES CONSISTING OF : MISS BLACK SAN BERNARDINO PAGEANT, CROWNING OF THE SENIOR KING AND QUEEN, ANNUAL PARADE, EXPOSITION, AWARDS BANQUET AND GOSPEL PROGRAM. PROPOSED CURRENT BUDGET A. REVENUES: (List all anticipated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorships Registrations -0- Promotions concessions, souvenirs, program sales -n- Donations In Kind Services Other than City Services PARADE VEHICLES CHANNEL 3 Total Dollar Amount Requested of City $?i , 000 A. TOTAL PROPOSED REVENUES REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) US l O I E 'S0 A 5 TO EVE FORWH LH FUNq fOUES O NO EYLEPnONS NAME OF ORGANIZATION: SAN BERNARDINO BLACK CULTURE FOUNDATION. INC . B. EXPENDITURES: (Include all known direct expenses connected with event) EXPENSES AMOUNT TOTAL Personnel/Salaries Permits Fire Business License ABC Other Exposition ye Insurance 5 200 . 00 City of San Bernardino attached Yes x No Park Damage Bond Park Clean Up Deposit/Damage Bond Security S.B.P.D. Private Security Other SECURITY FEN 900 . 00 Advertising Radio Newspaper Banners Flyers Other Entertainment Music Sound System $350 . 00 Other $550 . 00 Promotional Items Trophies Ribbons and/or Plagues - $75 . 00 T-Shirts $46 5 . 00 Other Sanitation Portable Restrooms - Public Services Special Events Banquets Facilities $69A9 00 Parade (linp,p on Other- Parks, Recreation B. TOTAL PROPOSED EXPENDITURES " (SEE ATTACHED) - 11-7,689 _ On Summary: A. Total Revenues $ i e , onn _ on D. Total Amount Requested B. Total Expenditures $--I 7-,�5 ,_Op_ $ 6 , 000 . 00 C. Total Fee Waivers - $ 26 , 357 . 77 (from Part III) REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) NAME OF ORGANIZATION: qAN RFRnABuTnn RTAr.v r1rTT1ME C,EnITKnATIQK rNC . (List all City services for which you are requesting fee waivers) C. Fee Waivers AMOUNT Police Security Traffic Control Other Fire Site Inspections Crowd Control Facilities Sound System Civic Center Use Permit Public Services Refuse Bins Street Sweeping Development Services Planning TUP Building ENGINEERING $ 2 422 .03 Other (Explain) PARKS AND RECREATION 2 , 628 . 00 COURT STREET SQUARE $ 2 , 500 . 00 Total Amount of Fee Waivers (In-Kind Services) z 6 3 5 For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance 2012 G1 h] tv _ ba N to ro 7 0 N (D N N rr "r K 0 c m 9th Street Div 1 ro p 8th Street h m rt . . . Sturges y Auditorium m m N . rt 7th Street yPolice nStation Victoria N 6th Street Public Library 5th Street 4th Street Y4 Carousel Mall m y w N. Court Street w Court Street p Square N 2nd Street 1D r e s m F, Rialto Arrowhead Credit Union Park 280 South E Street t HOLD HARMLESS AND INDEMNIFICATION Licensee/Permittee shall protect,defend,indemnify and hold the City and its elective 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 every kind and 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,personal 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 occurring or in any ways incident to, in connection with or arising directly or indirectly out of this agreement. Licensee/Permittee shall investigate,handle,respond to,provide defense for and defend any such claims, demand,or suit at the sole expense of the Licensee/Permittee. Licensee/Permittee shall also bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless,false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Licensee/Permittee or the City or to enlarge in any way the Licensee/Permittee'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 Licensee/Permittee's performance hereunder. San Bernardino Black Culture Foundation,Inc DATED Licensee/Permittee.� BY: ' Title: Joann Roberts Pre ilent Attach a certified copy of documentation,which will authorize Applicant to contract on behalf of corporation/business. Form W-9 Request for Taxpayer Give Form to the requester.Do not (Rev.January 2011) Identification Number and Certification Oapadmem of the Treasury send to the IRS. Intenwl Revenue service Name(as shown on yourincome tax return) San Bernardino Black Culture Foundation, Inc. N Business namefi isregerded awry name.If different from above m d- Check appropriate box for federal tax co dasslflcaWn(requlredJ: ❑IrMWiduaywle proprietor 0CCorporation ❑SCOrporation ❑ Partnership El Trust/estate e 0 ❑ Limited liability company.Faster Ina tax classification(C=C corporation.S=S ccrporetbn.P=partnerehip)► ❑Exempt payee e a y� [✓J Omer(see insirumionsl► 501(c)3 gy Address(number,sneer and apt.or suite no) Requesters name and address(optional) a Post Office Box 7288 County of San Bernardino Department N City,state,and ZIP Coda of Public Health Nutrition Program m rn San Bernardino,CA 92411 List account numberts)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name line 1 social security number to avoid backup withholding.For individuals,this Is your the al security numbern page However,for a FM -[1- - resident alien,sole proprietor,or disregarded entity,see Me Part 1 instructions on page 3.For other amities,k is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose employer iderd'Mication number number to enter. 9 5 - 3 6 7 4 1 3 9 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am wafting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification instructions.you must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,Item 2 does not apply,For mortgage Interest paid,acquisition or abandonment of secured property,cancellatlon of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your coned TIN.See the instructions on page 4. $rgn SlgnaNreof �1 �--}� p h� Here U.s.person. _ pate► QJS�.�X'�M'l,'(1•F -"W ' Q'0 General Instructions U 1 6 Note.If a requester gives you aform other than Form W-9 to request Section references are to the Internal Revenue Code unless otherwise your TIN,you must use the requester's form if it is substantially similar to this Form W-9. note Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return wan the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for a A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation a An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. .A domestic trust(as defined in Regulations section 3011701-7). Use Form W-9 only If you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding it you are a U.S.exempt partner In a partnership conducting a trade or business in the United a ee.If applicable, u are also certifying that as a U.S. son, our States,provide Form W-9 to the partnership to establish your U.S. p y pp you g Par your and avoid withholding on your share of partnership Income. allocable share of any partnership income from a U.S.trade or business is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231% Form W-9(Rev.1.2011) i ACOIRa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlY YY) `,,./ 10/17/2011 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION :HOLS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ORANGE AVENUE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR [19 S OR RIALTO, ANGE AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. (909)874-3763 INSURERS AFFORDING COVERAGE NAIC 8 INSURED INSURERA NORTHWEST INSURANCE AGENCY SAN BERNARDINO BLACK CULTURE FOUNDATION INSURER B: PO BOX 7268 INSURER C: SAN BERNARDINO,CA.92411 INSURER D: INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB VE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS ADD' POLICY EFFECTIVE POLICY EXPIRATKN LTA INS TYPEOFINSURANCE POLICY NUMBER DATE NMIDDIYY MTEMMIOOIY LIMITS GENEMLUABS.RY NBAl550384 01/30/2012 01/30/2013 EACH OCCURRENCE 3 1,000,000 A X X COMMERCIALGENERNLUBILRV PREMISES ILI Dm AFPta E CLAIMSMADE OOCCUR MEDEXP(AnyuMPenon) 3 PERSONALSADVIWURY i GENERAL AGGREGATE 3 2,000,000 GEN'L AGGREGATE LMBT APPLIES PER PRODUCTS-COMP/OPAGG E X POLICY JECf LO. i AUTOMOBILE LAOS COMBINED SINGLE UMR ANY AUTO (Ee aW ) E ALL OMMEO AUTOS BODILYINJURY SCHEDULEDAUTOS (Pr Preen) i HIRED AUTOS BODILY INJURY NON-0VMEDAUTOS (PreodHenU E — PROPERTY DAMAGE 3 (PractltleM) GARAGE LAIMUTY AUTO ONLY-EA ACCIDENT $ ANY AUTO EAACC 3 AUTO ONLY: App i E%CEB&UMBRELIA LIABILITY EACHOCCURRENCE S _ OCCUR �CLAMSMADE AGGREGATE i i DEDUCTIBLE i RETENTION $ S M KKERSCOMPENUTIONANO EMPLOYERS'UABILITY TORY LEA E ER _ ANY PROPRIETOR EXCLUDED? E.L.EACHACCIDENT 3 9 es, RIr,w uiRE%CWDEDi tt yes,tlRBCrily unar EL DISEASE-EA EMPLOYE 3 SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT 1$ OTHER DESCRIPTION OF OPERATIONS I LOCATONB I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROMSONS ANNUAL PARADE&EXPO TO BE HELD ON FEBRUARY 4,2012 CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN BERNARDINO DATE THEREOF,THE ISSUING INSURER MILL ENDEAVOR TO MAIL _ DAYS WRITTEN 300 N"D"STREET SAN BERNARDINO,CA.92410 NOTICETO E CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DOW SHALL IMPOSENO SLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR R $. D R SE TIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO 4 BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE a 2011/2012 CIVIC AND PROMOTION FUND FOR THE 2012 BLACK HISTORY 5 PARADE a 9 C 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE w 7 CITY OF SAN BERNARDINO THAT: 8 SECTION 1. The City Manager is hereby authorized and directed to execute an a Y m d 9 Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by 3 Z 10 ° reference as fully as though set forth at length, between the City of San Bernardino and the w X 11 x San Bernardino Black Culture Foundation for financial assistance from the 2011/2012 Civic 12 N and Promotion Fund for the 2012 Black History Parade. c 13 N 14 SECTION 2. The authorization to execute the above referenced agreement is 15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the ° 16 adoption of this Resolution. 'A 17 it 18 19 20 Z 21 /// 22 /// y w 23 24 E 25 26 27 /U 28 X 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE 3 2011/2012 CIVIC AND PROMOTION FUND FOR THE 2012 BLACK HISTORY 4 PARADE m `m 5 a a 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and v 7 Common Council of the City of San Bernardino at a meeting u 8 thereof, held on the day of ,2012, by the following vote,to wit: s d d 9 Council Members: AYES NAYS ABSTAIN ABSENT Z 10 11 MARQUEZ = U m 12 JENKINS m N 13 BRINKER 14 SHORETT __-- 15 KELLEY c 16 a 17 JOHNSON 18 MCCAMMACK w 19 a. 20 Rachel G. Clark, CMC, City Clerk Z 21 22 The foregoing Resolution is hereby approved this day of 2012. w w 23 24 Patrick J. Morris, Mayor t 25 City of San Bernardino Approved as to form: a 26 JAMES F. PENMAN, 27 City Attorney 28 By: 1 2 3 d 4 A A 5 (L A 6 d 7 8 a d v 9 z 10 11 12 m 0 13 14 S 15 0 0 16 2 d 17 LU 18 a J 19 W 20 Z 0 21 J 22 0 U) W 23 24 E L U 25 m a 26 27 28 MINE AGREEMENT Civic and Promotional Funding Agreement This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal d corporation, hereby referred to as "City", and the SAN BERNARDINO BLACK CULTURE m a FOUNDATION, INC.,a non-profit organization, hereby referred to as"Organization." m a The parties agree to as follows: 2 1. Recitals. Y d A. Organization has requested financial assistance from City for the Fiscal Year 3 i" 2011/12 in order to assist in defraying the expense of events related to the 2012 Black History Week w x celebration, as outlined in their Request for Funding to the Mayor and Common Council, a copy of m which is attached hereto and marked as Attachment A. The terms of the request are incorporated 0 N herein by reference and shall govern the uses of the funds provided herein. The financial assistance r` a provided for in this Agreement is made on a one-time basis and receipt of said funds shall not imply a a 0 continuing obligation of the City beyond the terms of this Agreement. 0 N B. The expenditure is for a valid municipal public purpose, which is the conduct of c 0 E events related to the 2012 Black History Week Celebration and Black History Parade scheduled for rn a February 4,2012. i^ 0 m 2. Payment. s Y V Upon presentation of a claim to the City's Finance Director, City shall pay the total sum m c of$6,000 to Organization from the FY 2011/12 Civic and Promotion Fund. E E v 3. Use of Funds. a 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 written I AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2011/2012 CIVIC AND PROMOTION FUND. approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by Organization. d 4. Accountability. m m a Financial records shall be maintained in accordance with generally accepted accounting m principles by Organization in such manner as to permit City to easily trace the expenditure of the d Z funds. All books and records of Organization are to be kept open for inspection at any time during the a Y d business day by the City or its officers or agents. Failure to submit the financial records in accordance 3 Z with this Section will result in the Organization reimbursing the City in the full amount received by m M Organization. At the conclusion of the program, Organization shall present the City Manager or his m designee a written accounting of all expenditures and revenues connected with said event. e N Organization will further supply City with any and all receipts relating to accounting of expenditures n a if so requested by City. If Organization does not submit an accounting of expenditures and revenues w e which City deems appropriate, such failure will result in the Organization reimbursing the City in the 0 N full amount received by Organization. d E 5. Hold Harmless. m Organization covenants and agrees to defend, indemnify,and hold harmless the City, its E% 0 w departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and z Y u agents from all liabilities and charges, expenses (including attorney fees), suits, or losses, however m c occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all E E u 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 I 1 expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the 1 City shall be considered as"attorney fees"for the purposes of this paragraph. 2 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2011/2012 CIVIC AND PROMOTION FUND. 6. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement, d Organization shall maintain in effect policies of comprehensive public, general and automobile a R a liability insurance, in the amount of$1,000,000,per occurrence combined single limit, naming the City °c of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall d require ten(10) day written notice to the City if insurance is terminated or materially altered. Q Y d 7. Termination. 3 City shall have the right to terminate this Agreement by mailing a ten-day written notice 2 x to Organization and this Agreement shall terminate ten days after the mailing of such notice. In the m event this Agreement is terminated for reasons of improper use of funds or use of funds for any e N purpose other than those authorized, any unexpended portion of the funds provided by City shall be n a returned to City. In addition, Organization shall reimburse to City any funds expended which were a 0 used for any purpose other than those authorized under the terms of this Agreement. 0 N 8. Authorization to Execute. d E Organization hereby covenants that it has taken all actions necessary to make the m a adherence to the obligations imposed by this Agreement a binding obligation of the organization. 0 N 9. Notices. 'x Y u All notices herein required shall be in writing and delivered in person or sent by certified mail, m c postage prepaid, addressed as follows: E z v As to City: As to Organization: R 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, 6'h Floor Attn: Joann Roberts, President 3 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2011/2012 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This Agreement and any documents or instruments attached hereto or referred herein d integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations °m m a and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, V A conditions or provisions of this Agreement, and any such document or instrument, the terms and m conditions of this Agreement shall prevail. Y d In witness whereof, the parties hereto have executed this Agreement on the day and date first 3 Z above shown. 2 x Y u A CITY OF SAN BERNARDINO m N By. Date: N Charles McNeely,City Manager n a N SAN BERNARDINO BLACK CULTURE N FOUNDATION 0 N By. Date: Joann Roberts, President d E d m ATTEST: 4 Z By: City Clerk Y u m 1 in a E Approved as to form: James F. Penman I City Attorney By: i 4 i