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HomeMy WebLinkAbout24- City Manager ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Resolution authorizing the execution of an Agreement between the City Prepared by: Catherine Pritchett, of San Bernardino and the Black Culture Management Analyst II Foundation for financial assistance from the 2009-2010 Civic and Promotion Fund. Dept: City Manager's Office Date January 14, 2010 Meeting Date: February 1, 2010 Synopsis of Previous Council Action January 20, 2010—Ways and Means Committee recommended item for approval. February 2,2009—Mayor and Common Council authorize request for funding. January 22,2008 -Mayor and Common Council authorize request for funding. Recommended Motion: 1) Adopt Resolution; 2) That the request from the Black Culture Foundation for direct funding in the amount of $5,000, and indirect funding in the amount of$23,857.77 to be transferred from the 2009/10 Civic and Promotion Fund to various City departmental accounts, as listed in the attached staff report; and a waiver of fees for the use of City personnel and equipment to assist in the 2010 Black History Parade scheduled for Febru , 2010, be approved. Sign e Contact Person: Catherine Pritchett, Phone: 384-5122 Management Analyst II Supporting Data Attached: Staff Report, Resolution, Agreement Ward: 1'` FUNDING REQUIREMENTS: Amount: $5,000 direct funding; $23,857.77 indirect funding Source: (Acct. #) 001-091-5186 Civic & Promotion Finance: Council Notes: We-S., °20/0— a-a Agenda Item No. _ STAFF REPORT Subiect: Request for Civic and Promotion Funding for the 2010 Black History Week activities and parade, and a waiver of fees for use of City personnel and equipment to assist with the event. Background: Attached is a request from the Black Culture Foundation for $5,000 in direct funding from the Civic and Promotion Fund to defray the cost of activities associated with the Black History Parade, scheduled for February 6, 2010. The Foundation is also requesting a waiver of fees totaling $23,858 for the use of City personnel and equipment to assist with this event. The Police Department will be assigning the same number of personnel from 2009 to the 2010 event. However, an adjustment to the PD pay scale resulted in an increase of $2,527 in indirect costs over 2009. This year's direct funding request of $5,000 is the same as last year. Funding requests and fee waivers for this event have been approved on an annual basis since 1996. Pursuant to the agreement, upon request by the City Manager's Office, the Foundation will submit a written accounting, including receipts, of all expenditures and revenues associated with the 2010 events. Upon approval, funding in the amount of$23,858 will be transferred from the Civic and Promotion Fund into various City departmental accounts, as listed below, to recover their costs in assisting with the events. Departmental Accounts Amount Police $ 18,436 security personnel/vehicles Parks& Recreation $ 2,628 labor/equipment(bleachers, stage, chairs, set up and breakdown) Public Services $ 369 refuse/street sweeps Development Services $ 2,422 engineering (street closure, after- hours costs, associated fees) Total $ 23,858 Refundable security deposits Development Services, traffic engineering $ 1,000 barricade deposit Financial Impact Direct funding in the amount of$5,000 and a waiver of fees for City personnel and equipment in the amount of$23,858 from the Civic and Promotion fund constitute the costs to the City for this event. Attachment is a matrix for the FY 09/10 Civic and Promotion Fund indicating the availability of funding. Recommendation 1) Adopt resolution; and 2) Authorize direct funding in the amount of$5,000 and indirect funding in the amount of $23,858 from the FY2009/10 Civic and Promotion fund and approve waiver of fees for use of City personnel and equipment to assist with the 2010 Black History event. ,e Pritchett Ca From: Pritchett Ca Sent: Tuesday, January 26, 2010 2:25 PM To: 'John F. Wilson' Subject: RE: BHP -Waiver I spoke with the organizer of the parade. They are sending us documentation listing the City as additional insured,and yes they are requiring that all vehicles in the parade are licensed and insured. Being,that they are not using any vehicles during the administration of the parade, this should take care of that requirement. As soon as I receive the revised Insurance document,I will resubmit the item to your office. Thanks again John! Catherine "Cat" Pritchett 384-5122 x:3604 ----Original Message--- From:John F.Wilson [mailto:jwilson@sbcityattorney.org] Sent:Tuesday,January 26, 2010 8:44 AM To: Pritchett Ca Subject: FW: BHP-Waiver Ms. Pritchett,please see below. ---Original Message--- From: Attorney [mailto:Attorney @ sbcity.org] Sent:Tuesday,January 26,2010 7:15 AM To:John F. Wilson Subject: FW: BHP-Waiver John-please send to Cat Pritchett. You responded to the attorney address. ---Original Message-- From:John F. Wilson [mailto:jwilson@sbcityattorney.org] Sent: Monday,January 25,2010 6:38 PM To: Attorney Subject: RE: BHP-Waiver They need insurance for anybody driving a vehicle as part of the administration of the parade. And,are they requiring proof of insurance for vehicles in the parade? ----Original Message--- From: Attorney [mailto:Attomey@sbcity.org] Sent: Monday,January 25, 2010 5:27 PM To:John F. Wilson Subject: FW: BHP-Waiver i -----Original Message--- -From: Pritchett—Ca Sent: Monday,January 25,2010 4:57 PM To: Wilsonjo Subject: BHP-Waiver In regard the Black History Parade, Why do they need automobile insurance?The only vehicle sin the parade a privately owned, and the owners are all self insured. Thanks John! Catherine"Cat" Pritchett I Management Analyst City of San Bernardino I City Manager's Office Phone: 909-384-5122 1 E-mail: pritchett_ca @sbcity.org z 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO 3 AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL 4 ASSISTANCE FROM THE 2009/2010 CIVIC AND PROMOTION FUND. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 7 8 and directed to execute on behalf of said City an Agreement with the San Bernardino Black 9 Culture Foundation for financial assistance from the Civic and Promotion Fund for FY 10 2009/2010, a copy of which is attached hereto, marked Exhibit A, and incorporated herein by 11 reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above referenced agreement is 13 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption 14 of this resolution. 15 16 17 /lP 18 19 20 21 22 23 24 25 26 27 28 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 1 ASSISTANCE FROM THE 2009/2010 CIVIC AND PROMOTION FUND. 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 3 Mayor and Common Council of the City of San Bernardino at a meeting 4 5 thereof,held on the day of 2010, by the following vote to-wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 BAXTER 9 BRINKER 10 SHORETT 11 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 City Clerk 17 The foregoing resolution is hereby approved this day of _ . 2010 18 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino Approved as to form: 22 23 JAMES F. PENMAN, 24 City A omey 25 By: 26 © 27 28 m y c ro rt n rt n CD m N fA m 0 rt rt rt C N 9th Street Div 1 0 ro 8th Street w In ill 2 h ,t Sturges p Auditorium m m M rt 7th Street WPolice "Station Victoria N 6th Street Public Library 5th Street 4th Street > � — Carousel Mall m a W LQ -Court Street N• d Court Street o Q Square N 2nd Street m ar e n s m w --TRialto Arrowhead Credit Union Park 280 South E Street 0 0 < < M o o m N N M M M d N CN, O O O S ^ n Z O O O O O O N N S M 8 O h m O O O r LL LL LL O� N 1'i N N A m N W u C LL a O d O O O O O O S O d O c O L O S S S S S S ^n 'O O [V O O O �/1 ^ d M O Q � V 0 0 a °O, °o, o o g S g °o, y O o N o 0 o e > O V N O (U 3 o "w d o• S ^ ^ M r y ^ Z LL ? V ° in 1 CV n Z CD M {nV N Q W C Z (p O O MI O O O O S O ^ O Q O O O Q Q O y Yf A h h 0 � z _ Z u Q 0 u co o v > 3 m o a ° E o N d a o � ° U �° a o i o U r E ° ° M p ° > u u x m C C C Q d W ¢ < U p ry o r y v v e � v ° w> w � J U U Q LL .E r ¢ 0 v U ° P p O OI _> K � O O d O L OO O v O m C d E M C 0 0 0 o g o U C LL o o N ° ^ o Q W x a 0 z Gjr` z h-c 14 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 2009/10, 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 2010 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. 1 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 �i 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 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: As to Organization: City of San Bernardino Black Culture Foundation 300 North "D" Street P.O. Box 7288 Q San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Manager, 6a' Floor Attn: Margaret Hill, President 3 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 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: Margaret Hill, President ATTEST: By: City Clerk Approved as to form: James F. Penman City Attorney By: 4 San ff kM Z vC �Q Bernardino BLACK San Bernardino Black Culture Foundation P. Box San Bernardino, 92 no, CA 92411-0288 FOUNDATION , EXEcurrVEGOMMITTEE December 11, 2009 Q Frank Washington, Ill Cby °rs President 0°oo�ge 9a�s�O�ai Joann Roberts Ma or and Common Council 1st Vice e President y City of San Bernardino raylorAvery 300 North D Street 2nd Vice President Charles Burris San Bemardino, Ca. 92418 Treasurer Genevieve G. Echols Re:2010 Black History Parade- Theme ("Building Bridges, Between Cultures and Generation') Secretary The 41st Annual Black History Parade will be held at 10:00a.m., Saturday, ADVISORS February 06, 2010. The parade is to start at Eight and E Streets, proceed south W. Robert Fawke and end at Second and E Streets. Mary Fawke Thomas J. Gueston As a non-profit organization, we request financial assistance from the City to defray Margaret Ro B. Hill the cost of the parade an its other activities, as reflected in the attached budget. lda N. Roberson P d auanita H. Scott, Ph.D. The SBBCF is requesting a waiver of fees and support services, closing of streets, Joseph M. smith Jr. and barricades along the parade route. Additionally, request the loan and Syble M. Tompkins g P y, q CORPORATE SPONSORS 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. Mn km IBB A Hold Harmless Agreement has been prepared and a map of the parade route is SAN { MANUEL attached. We have obtained sufficient insurance to cover all events and a copy of aANnoF M1551ON MLW the Certificate of Insurance is attached. Should you require additional information, SPONSORS please contact Mr. Thomas Gueston at (909) 884-4173. Arrowhead Credit Union Thank you for considering our request and we hope to hear from you soon. Community Hospital of San Bernardino San Bernardino City Sincerely, Unified School District �� � lison International Frank Washington lll, P sident The Gas Company FW/gge Encl ,acorz� CERTIFICATE OF LIABILITY INSURANCE GATE IMMIDO/YYW, Dlrzsrzom PRODUCER THIS CERTIFICATION LS ISSUED AS A MATTER OF INFORMATION ECHOLS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 219 S ORANGE AVENUE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIALTO,CA.92378 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE (NAIC0 INSURED DISURER:A SCOTTSDALE INSURANCE COMPANY SAN BERNARDINO BLACK CULTURE FOUNDATION INSURERS: '-- PO BOX 7288 NSURER C: SAN BERNARDINO.CA. 92411 INSUNER D: ---------- -- NBURER E COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO TH INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY'REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C_� MS. tt+e .. _..—. ...... .._..__.._._.__._. pOL1CY EFFECTIVE - TR TYPE OF URANCE POLICY NUMBER DATE MMIDD(YY DATE MM/O LWOE DENERAL UaewTr A z ICPS0991094 0180/2010 01/302011 ra(:H OCCURRENCE E 1,000,000 -' X CONME0.CWL CiENERAt LIABILITY �'PREMIiETO'Ik'ENTEb---'""" - - PREMISES E.oocurxz� d CLAIMS MADE C.D OCCUR MED EXP fart'one Pmacn) f PERSONAL&AOVIWURY d GENERAL AGGREGATE 'g ^1,000,000 j OENL AGGREGATE LR6 APPLIES PER: ! PRODUCTS-COMPIOP ACG { X.':'POLICY !JF.CT '.LOC —._._....._ f AIROMOBE.E LIP.8IUTY I ANY AUTO COMBINED SINGLE LIMIT d OS Rw4am) opRIED BODILY INJURY d SCHEDULED AUT06 (PPTPPIPOr1) HIRED ALRDS 'NONom;eo auros ' Boom INJURY { (1>♦rR 1DPV) PROPERTYDAIMGE (PaP JDfn6 GARAGE LigBB1TY - AUTO DN_LV-EA ACCI(lEN( d i _ ANY AUTO OTHER THAN AUTO ONLY: AGG g IXCE88NNBRELIA LN&LRY { EACh10CCURRENCE _-.. OCCUR CIABA8 MADE � I ADORE(+AT£ f � DEDUCTIBLE --------- f i I RETENTION i --_- d VIDRKER8CONPENBATION ANU ENPLOYERB•UaBRITY TORY LIMBS t EH -_ _.. ` ANY EMSER EXCLUDED? E.L.DISE ACCIDENT y OFFICEHNAEMSEH EXCLUDE% _ EAEMPLO {_- 6P -AL PR K. ISIO E.L.D13EASE- SPECIALPROV181pNSWlwv if'-L DI3EADE-POLICY LIMrr {__-_----- '':, OTHER I : 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AODEO BY ENDORSEMENT 18PECIAL pROV18(ONS SAN BERNARDINO BLACK CULTUREFOUNDATION 2010 PARADE AND EXPO-TO BE HELD ON FEBRUARY 08,2010;BEGINNING ON THE CORNER OF STH AND E STREETS.TRAVELING SOUTH TO 2NO STREET TURNING LEFT,PROCEEDING TO D STREET TURNING LEFT AND ENDINGAT 3RD STREET IN FRONT OF CITY HALL. CITY OF SAN BERNARDINO IS NAMED AS ADDITONAL INSURED,AS THEIR INTEREST MAY APPEAR CERTIFICATE HOLDER CANCELLATION CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DESCMSEO POUCIES BE CANCELLED BEpOKE THE EXPIRATION 300 N,•D„STREET DATE THEREOF,THE ISSUING INSURER 1NLL ENOEAVOR TO MML _ Dayy PR,tTTeN SAN BERNARDINO,GA.92410 NOYCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO W BO SHALL IMP03E NO OBUGATION OR LIABILITY OF ANY KIND UPON THE BIBURER,ITS AGENTS OR RBFRE3ENiATAiES. AU gENTATIVE ACORD 28(2004/08) 0 ACORD CORPORATION 1988 HOLD 1 ,R MS t�:l�'I�fl��Rfii`i�FfCkT1 ON Licensee/Pemrittee 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 land 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/Pernittee 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/Pemrittee 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 i or injuries to third persons or property arising from Licensee/Permittee's performance hereunder. December 11, 2009 San Bernardino Black Culture Foundation, Inc. Bated LIcensee ermi '�/fi, B . Title Frank 1Na MingtonA II, President (Attach a certified copy of documentation, which will authorize Applicant to contract on behalf of corporation/business.) L9 U1 U7 b rt rt rt ry !D (D N (D fD (D 0 rt rt rt C (D 9th Street Div 1 � ro 8th Street i 2 a ry Di V 1 rt Sturges a m Auditorium ID m w rt 7th Street ni , 4 r' olice "Station Victoria N 6th Street Public Library 5th Street 4th Street a 4 Carousel gall m p w N, -Court Street Court Street o Square m 2nd Street m ar e n s m w Rialto Arrowhead Credit Union Park 280 South E Street SAN BERNA,RDINO REQUEST FOR CIVIC AND PROfifi O't IOW FUNDING (PART 9) Name of Organization San Bernardino Black Culture Foundation, Inc. Addre s V0 Box 7288 San Bernardino CA 92411 C tact Per n t, n Fax °Inomas dueston �U�-984-4173 rDa sn ation of 5-1 c (31 non-profit status of Organ nation (Attached: 1°es x too te of Event Location Estimated iVo. of Attendees bruary 06, 2009 Eighth and "E" Streets P2ffM%?j R7q0ffiry Month activities consisting of "Miss Black San Bernardino Pa eant Crowning of Senior King and Queen Annual Parade Black Histo Ball Expo, and Gospel Program. PROPOSED CURRENT BUDGET A_ REVENUES: (List all anticipated revenues other than City of San Bernardino) kITEOUPIT TOTAL S onsorshi s 8500 Registrations 0 I Promotions, concessions, souvenirs. program sales 1740 Donations 3300 In Kind Services Other than City SeRlices 2000 Rarad-_ ig Total Dollar Amount Requested of Ci 5000 A,. T CTRL PROPOSED REVENUES I REQUEST FOR CIVIC AMD PROMOTION FUNDIHIG PROPOSED CURREI17 BUDGET (PART tt) MUST BE SUBMITTED TO CRY MANAGERS OFFICE W DAYS PR19R TO EVENT FOR WHICH FUNDING IS REQUFSTID. NO EXCEP"RONS. K�.ME OF OvCsE°,NtZATiOR. San Bernardino Black Culture Foundation, Inc. B. EXPEND€TURES- (tnctude sit t noon direct:eypenses connected with event) EXPENSES AMOUNT TOTE Personnei(Salaries Permits l=ire Business License ABC Other Insurance C4 of San Bernardino a=YesNo }Park Dama a Bon d Park Clean U De osittD 128 Security. S.B.P.D. Private Securit y 723 Other i Fencina Advertisin Radio Newspaper - — Banners Flyers 350 _ Other Entertainment tdiusic — -- --- Sound System Other (Photography) -- Promotional Items Trophies 552 Ribbons and/or Plaques I T-Shirts Other Sanitation Portable Restrooms - Public Services Special Events Banquets Facilities E Parade Other - Parks, Recreation Be TEST AE PROPOSED EXPENDITURES (see 77AGc tESi 16632 I Summary_ 2054© A. Total Revenues $ D. Total Amount Requested B. Total Expenditures $_16632 _ 5000 i C. Total Fee Waivers - $ 9 J2, of -7• 7 7 (from Part III) REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) LAME 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 Security Traffic Control Other Fire Site Inspections Crowd Control Facilities Sound System Civic Center Use Permit Public Services Refuse Bins Street Sweeping 368 . 88 Development Services Planning TUP Building Enginepring 2 , 422 . 03 Other (Explain) Parks and Recreation 2 628 . 00 Total Amount of Fee Waivers (In-Kind Services) 23 , 857 . 77 - 3 , 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 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 2009/10, 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 2010 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 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. I 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. 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 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: As to Organization: City of San Bernardino Black Culture Foundation 300 North"D" Street P.O. Box 7288 Q San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Manager, 6a' Floor Attn: Margaret Hill, President 3 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 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: Margaret Hill, President ATTEST: By: City Clerk Approved as to form: James F. Penman City Att ey © By' 4 San Bernardino BLACK San Bernardino Black Culture Foundation P. O. Box 7288 / San Bernardino, CA 92411-0288 LE FOUNDATION EXECUTIJEOMMITTEE FC J �O December 11, 2009 Frank Washington, 111 cirp °rs, President n'�o °e age anOl Joann Roberts or and Common Council 1st Vice President Mayor e City of San Bemardino Taybravery 300 North D Street 2nd Vice President Charles Burris San Bernardino, Ca. 92418 Treasurer Genevieve G. Echols Re: 2010 Black History Parade- Theme ("Building Bridges, Between Cultures and Generation') Secretary The 41St Annual Black History Parade will be held at 10:00a.m., Saturday, ADVISORS February 06, 2010. The parade is to start at Eight and E Streets, proceed south and end at Second and E Streets. W. Robert Fawke Mary Fawke Thomas J. Gueston As a non-profit organization, we request financial assistance from the City to defray Margaret B. Hill the cost of the parade and its other activities as reflected in the attached budget Ida N. Roberson p � 9 4aanita H. Scott, Ph.D. The SBBCF is requesting a waiver of fees and support services, closing of streets, Joseph Tompkins Jr. and barricades along the parade route. Additionally, request the loan and Sybte M. Tompkins 9 P Y. q CORPORATE SPONSORS 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 Bemardino and crews to transport the bleachers. 4kmino A Hold Harmless Agreement has been prepared and a map of the parade route is SANMANUEL attached. We have obtained sufficient insurance to cover all events and a copy of MND OF , ' MISSION INDIANS the Certificate of Insurance is attached. Should you require additional information, SPONSORS please contact Mr. Thomas Gueston at (909) 884-4173. Arrowhead Credit Union Thank you for considering our request and we hope to hear from you soon. Community Hospital of San Bernardino San Bernardino City Sincerely, Unified School District �G 'ison International Frank Washi,gton III, P sident The Gas Company FW/gge Encl CERTIFICATE OF LIABILITY INSURANCE Dp EIMMNO/YYYY) 01!26/2010 PRODUCER THIS CERTIFICATION M ISSUED AS A MATTER OF INFORMATION ECHOLS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 219 S ORANGE AVENUE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIALTO,CA.92376 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE 'NNC g uREO INSVRLRh SCOTTSDALE INSURANCE COMPANY SAN BERNARDINO BLACK CULTURE FOUNDATION INSURER B: PO BOX 7288 INSURER C: ......... .—__._.-__ .....-.._.�_._� SAN BERNARDINO,CA. 92411 "' -- ---------- —_- Si3lBEER D: COVERAGES INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUWECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MAD _—LL__._____ ._............ .._.-.-._ .-_._-_..-� _ POLICY EFPECTIVE POLICY E%PfRATKfN LTRI TYPE OF INSURANCE POLICY NUMBER OATfi Ml4DO/YY DATE M LIMITS GEN01gL UABDJn 01/30/2010 01/302011 1E—HOCCURRENCE 3i 1,000,000 A X - CP50991094 X COMMERCIAL GENERAL LIABILITY � GE'TD TIf:NTE6""-'�` �i ---- --- PREMISES @e ccunrcwl_ CLAIMS MADE n OCCUR MED EXP TAM Oe,e LMrson) S __ �' !EN SONALBADV INJURY S —f 1 GENERALAGGREGATE __ ' GEMl A00REGATE LBIRAPPLIE8 PER: 1PRODUCTS CDMP/OPAGG i p.-- -1 PRO- . X POLICY E LOC ! �. wUTOMOBILE LIABILITY 1 J ANY AUTO 00MBMEO SINGLE LIMA s (EB acMen[} LALL OWNED AUTOS S ............._.___..... _ SCHEDULED AUTOS BODILY INJURY i L-...--. tax lweanl HIRED AUTOS .-...--_..._.._____-.......-... NON WNED AUTOS BODILY INJURY i I (PRI ctbelM) ifPIK eTAMnnH i GARAGE LMBILTTY AUTO DNLY.EA AGCIOEMT i ANY AUTO ._.......__.-_-.-...-.-.. --- OTHER EA ncc s --THAN AUTO ONLY: AGO 3 OCCEB&UMBRELLw LMBBITY ! EACH OCCURRENCE S .-.I .—..- OCCUR GlAYAB MADE AGGREGATE 8 ir7 OEOUCTBLE ---- i REfENTON S WORKERS COMPENSATION.. TORYLMR_, E B ER EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERMXECUTIVE E.L.EACHACCIDENT S OFF'ICEHRIEMBER EXCLUDED? i ILL DISEASE-EA EMPLO i IIYen. LPRONSIO _.___...-...---__-__.________...-...-_ SPECIAL PROVISIONSMbw 'E1.DISEASE-PDLXW LIMB S ''. OTHER DESCRIPTION OF DPERATIONB!IOS:ATONS f VEHICLES!EXCYUBIOMB ADOK.D BY ENDORSEMENT I SPECIAL PROVISIONS SAN BERNARDINO BLACK CULTURE FOUNDATION 2010 PARADE AND EXPO-TO BE HELD ON FEBRUARY 06,2010;BEGINNING ON THE CORNER OF STH AND E STREETS,TRAVELING SOUTH TO 2ND STREET TURNING LEFT,PROCEEDING TO D STREET TURNING LEFT AND ENDING AT 3RD STREET IN FRONT OF CITY HALL. CITY OF SAN BERNARDINO IS NAMED AS ADDITCINAL INSURED,AS THEIR INTEREST MAY APPEAR. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXMRATION 300 N"D"STREET ISSUING AI CITY OF SAN BERNARDINO DATE THEREOF.THE G WSURER WILL ENDEAVOR TO L _ DAYS ,,,,TER SAN BERNARDINO,CA,92410 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR RePR I iRIEB. AU E AT y/� `2,. pCORD 25(2001108) - ®ACORD CORPORATION 1988 YrB11 HOLD HttRbILESS AND INDEIvIlt'IFfC f32d L.icensee/Pemtittee 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,-Hens, 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. Lioensee/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/Pemtittee 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 apy way the Licensee/Permittee's liability but is intended solely to provide for indemnification of the City from Iiability for damage or injuries to third persons or property arising from Licensee/Permittee's performance hereunder. December 11, 2009 San Bernardino Black Culture Foundation, Inc. Dated Licensee ermi By Title Frank Wa ! citonAIII. Pr id nt (Attach a certified copy of documentation, which will authorize Applicant to contract on behalf of corporation/business.) h rt K 0 ID m 0 � rt rt c C lD 9th Street Div 7 p ro 8th Street a CO Sturges rt y Auditorium m m N ti rt 7th Street yPolice "Station rt Victoria y 6th Street Public Library 5th Street 4th Street C — Carousel Hall m p, w N. -Court Street o Court Street p Square N 2nd Street m ar e n s F1 N w Rialto r Arrowhead Credit Union Park 280 South E Street SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Name of Organization San Bernardino Black Culture Foundation, Inc. Addre s �O Box 7288 San Bernardino CA 92411 Coact PerZ% y��� 84-4173 Fax omas l�ueston Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes x No_ Date of Event Location Estimated No. of Attendees February 06, 2009 Eighth and "E" Streets PYUM9 f1WOlYffiry Month activities consisting of "Miss Black San Bernardino Pa eant Crowning of Senior King and Queen Annual Parade Black History Ball Ex and Gospel Program. PROPOSED CURRENT BUDGET A. REVENUES.: (List ali anticipated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorships 8500 Registrations 0 Promotions concessions, souvenirs, program sales Donations 3300 In Kind Services Other than City Services 2000 parad-_ Total Dollar Amount Requested of City 5000 I,. TOTAL PROPOSED REVENUES REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) ifUSTBE$VBMITTEDTO�MANAGE Z OFfICE WpAn PRIOR TO EV NTFOR WHICH FUNDING IS REQUESTED NOEXCEPT/ONS NAME OF ORGANIZATION: San Bernardino Black Culture Foundation, Inc. B. EXPENDITURES: (Include all known direct expenses connected writh event) EXPENSES AMOUNT TOTAL Personnei/Salaries Permits Fire Business License ABC _ — Other Insurance City of San Bernardino attached Yes No } Park Damage Bond Park Clean Up De osit/Dama e Bond 128 Security S.B.P.D. Private Securit 723 _ Other Secuft Fencing Advertising Radio Newspaper _ Banners Flyers 350 Other Entertainment _ Music Sound System Other (Photography) 550 _ Promotional Items Trophies 552 Ribbons and/or Plaques 0 _ T-Shirts 614 _ Other Sanitation Portable Restrooms - Public Services Special Events Banquets Facilities 94 Parade Other - Parks. Recreation B. TOTAL PROPOSED EXPENDITURES 16632 Summary: A. Total Revenues $ 20540 D. Total Amount Requested B. Total Expenditures $_16632 j C. Total Fee Waivers - $ ® J:?, 8.5 7. 7 7 (from Part III) I REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) /AME 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 Security Traffic Control Other Fire Site Inspections Crowd Control Facilities Sound System Civic Center Use Permit Public Services Refuse Bins Street Sweeping 368 . 88 Development Services Planning TUP Building EnginpPrincr 2 ,422 . 03 Other (Explain) Parks and Recreation 21628 . 00 Total Amount of Fee Waivers (In-Kind Services) 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 C