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HomeMy WebLinkAbout13- City Administrator CITY OF SAN BERM 1 RDINO - REQUEST r-NR COUNCIL ACTION From: SHAUNA CLARK Subject: Agreement with Black Culture City Administrator Foundation for $7 , 000 in civic Dept: and promotional funding and approval of transfer of funds to departmental Date: January 14 , 1994 cco�n t coven associated costs or 9 B?ack History Parade. Synopsis of Previous Council action: 1/11/93 -- Council approved allocation of $28 , 238 . 29 in civic and promotion funds to assist in conduct of 1993 Black History Parade and associated events of Black History Week. Recommended motion: 1 . Adopt resolution. 2 . That $30 , 494 be transferred from the civic and promotion fund to the respective departmental accounts as noted in the staff report from the City Administrator dated 1/14/94 to offset costs associated with the event. Signature Contact person: Shauna Clark Phone: 5122 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: $37 , 494 Source: (Acct. No.) 001--091-53662 (Acct. Description) civic and promotion Q �/ Finance: l,L'ira Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERN A RDINO - REQUEST F'*R COUNCIL ACTION STAFF REPORT On December 8, 1993 , the Ways and Means Committee recommended the allocation of $7 , 000 in direct funding and $30, 494 in indirect funding to the Black Culture Foundation for costs connected with their Black History Week events scheduled for the week of February 4 , 1994 . Attached is a grant agreement between the Black Culture Foundation and the City for $7 , 000 from the Civic and Promotion Fund. In addition, the Foundation is requesting a waiver of fees and the use of City labor and equipment to assist with the Black History Parade scheduled for February 5, 1994 . If approved, the remainder of the funds recommended for approval by Ways and Means Committee -- $30, 494 -- will be transferred from the civic and promotional fund into the various City departmental accounts as listed below to recover their costs incurred in assisting with the parade. DEPARTMENT ACCOUNT AMOUNT Police 001-212-52050 $20, 828 Traffic Engineering 772-031-24676 $ 1, 870 Public Services 001-000-41810 $ 1, 456 Parks & Recreation 001-382-52020 (LABOR 001-000-41861 (EQUIP) $ 6, 340 TOTAL $30, 494 75-0264 r WAYS AND MEANS COMMITTEE December 8, 1993 ATTENDEES: Councilwoman Norine Miller - Chairwoman Councilman F. J. Curlin Councilman Jerry Devlin Shauna Clark - City Administrator Richard Morillo - Sr. Assistant City Attorney John Kramer - Recreation Superintendent Phil Arvizo - Council Executive Assistant 1. CULTURAL AND CIVIC ORGANIZATIONS REQUESTS FOR FUNDING FOR FY 1993/94 AND 1994/95 - The Committee recommended funding to The Black Culture Foundation and Park and Recreation from 93/94 funds. The following level of funding was recommended for approval: FY 93/94 Organization Event Direct Indirect Total Black Culture Black History $ 7,000 $30,494 $37,494 Park & Rec. Concerts $ 6,000 -0- $ 6,000 Parks & Rec. 4th of July $12,553 -0- $12,553 The Committee denied the $5,000 Hispanic Chamber of Commerce request for funding assistance. The Committee asked the City Administrator to send a letter notifying the Hispanic Chamber that, unless receipts for previously allocated funds are received by December 23, the presently setaside funds will be reallocated. The City Administrator will provide the Committee a copy of the Black Culture Foundation agreement at the next meeting. The FY 94/95 Funding will be reconsidered at the first Ways and Means Committee meeting in January. Meeting adjourned. )14� Councilwoman Norine Miller Chairwoman NM:jv O m 3 r: U « � �7 - — � as -•. #�E qy J" � Cfl �-• ii N rn M wij ZI'I< C O I Q;F- LO O Lw OIIl M O 00 Lu N , z L a NdCL i z; E E cy I , j,, pi 3 Q''y •� , w a w Lu 3 w 0i , iF O_ U w.O U U O !, j i Z Q.Q r U yu �I 3 w Q � Aj to F— I Q' LL cc 0 f, rrAtr ■ CI F AN BERNARDINO - CIVIC AND PROMOTION FUND J EST FOR FUNDING . ,SISTANCE 1 Organization(Nam ss.etc.) Date Subm;netl Nnvemher 1 , 1993 Black � 1 � g Foundation 2. Contact Person larrarat Hill r, P O. Br 7288 Title President San Bernardino CA 92411 Phone ( 909) 862-5432 3. Phone (9 0 9 1 8 6 4-3 2 6 i 4. Period of Support Requested or Date of Event Feb 4 Number of Years^Existence _ through Feb 6, 1994 5, Taxpayer Identification Number 95-3811107 6. Activity for which fune,ng;sreauiiii San Bernardino Black History month Activities. Aet}vit es + n lt, a• RPrpption for Parade Grand Marshal and other celebre- ties, Miss Black San Bernardino Pageant, Black History Parade, Post Parade Ttmrhenn Black Histcry Ball, and Gospelfest Concert, Feb 4-6, 1994. r 7 Estimated numoerotoersonsexpecteato attend this brogramrprolect Over 10,000 for all activities. t 8. Proposed Budges Budget Actual Budget Actual Budget Actual i Personnel: 016 Facility Rental 1 500 023 Trophies 2150 1 017 Insurance 2500 024 Scholarsh;os 1 5 0 0 01 Fulttime Salaries N/A 018 Decorations 325 025 Celebrity Expenses 02 Parttime Sa'anes N/A _ 019 Utilities Accommodations 03 Overtime N/A Gas Lodging 873 (� 04 Electrical Other ( limo) - 0. { OS Phone Other 026 Miscellaneous Expenses Expenses: Sub-Total 010 Office Supplies 55 020 Special Equipment j ot1 Postage 40 Lights & Set up 1 S0 012 Printing 700 I Porta-Toilets 300 _ 013 Equipment Rental 014 Security 021 Advertising X - 015 Food- 022 Promotion 520 223651 Refreshments 9000, I Expenses GRAND TOTAL T— 9 List Anuapated Funding/Revenue(Sources other than City) Source Amount Calif Lotter-y ($1 500) SOCal Gas CO- ($1,400), Budweiser ($1,700), So Calif Edison ($500), GPE Callr Call in ns c r Dukes and Dukes Assoc. ($250), Individual Donations ($250) TOTAL 6850 !� '0 Ant;aoatec revenue from activity $8,515 (Souvenir Book Ads and BiT.T, Ticket Sales i Total Amount Requested from C.ty Sent to Ways&Means Date: all A Total Proposed Budget Amount $22,365 Action: 15,565 565 Sent to Mayor&Council Date: 8 �,g�@ Other Funding Sources Y C Total Amount Requested from City It7-000 Action: 12 Descrioe any addrrenal assistance being requested from the city (Personnel,equipment,park area, Estimated Costs ou Ie.ng,etc To be completed by City) A ect irity, traffic and crowd control. B Use Of Encanto Park, grounds, and facilities. Loan of 10 tables, 80 chairs, 2 stages, bleac ers, ana oun in9• C City crews to set up barricades, transport bleachers and tables, chairs, and close streets ur"19 Para e. �- 13 ^ratur of applicant Date: ,�i �7/ November 1, 1993 NOTE:Please be preg aired to submit an audit of your financial activities,In the event such information is deemed necessary. Attach sketch and other supporting information,if appropriate. X5'99_"ON w-. C"`A:JU NS-aA"pP GREEN—PNANCE CANAR1—APa-1CAN- OrHEa JETS — 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION 3 RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND 4 FOR FISCAL YEAR 1993/94 . BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 agreement with the Black Culture Foundation, relating to financial 9 assistance from the civic and promotion fund for FY 1993/94 , a copy 10 of which is attached hereto, marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length. 12 13 SECTION 2 . The authorization to execute the above referenced 14 agreement is rescinded if the parties to the agreement fail to 15 execute it within sixty (60) days of the passage of this 10 resolution. 17 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San 20 Bernardino at a meeting thereof, held on the day 21 of 1994 , by the following vote, to wit: 22 23 24 25 26 27 28 RESOLUTION f.._ 2HORIZING AGREEMENT WITH B-_iCK CULTURE FOUNDATION FOR FY93/94 CIVIC AND PROMOTIONAL FUNDING. 1 2 3 4 Councilmembers AYES NAYS ABSTAIN ABSENT 5 NEGRETE 6 URLIN 7 HERNANDEZ 8 OBERHELMAN 9 DEVLIN 10 POPE-LUDLAM 11 MILLER 12 13 City Clerk 14 The foregoing resolution is hereby approved this day of 15 , 1994 . 16 Tom Minor, Mayor 17 City of San Bernardino 18 Approved as to form and legal content: 19 JAMES F. PENMAN 20 City Attorney 21 By: 22 23 24 25 26 27 28 -2- 1 2 G R A N T - A G R E E M E N T 3 Civic and Promotional 4 5 THIS AGREEMENT is entered into between the CITY OF SAN 6 BERNARDINO, a municipal corporation, referred to as "City" , and 7 THE BLACK CULTURE FOUNDATION, a non-profit organization, referred to as "Organization. " 8 The parties agree to as follows: 9 1. Recitals. 10 A. Organization has requested financial assistance from 11 City for the fiscal year 1993-94 , in order to assist in defraying 12 the expenses connected with the San Bernardino Black History Month 13 activities sponsored by Organization and scheduled for February 4 14 through February 6, 1994 , as outlined in their Request for Funding 15 dated November 1, 1993 , submitted to the Ways and Means Committee 16 December 8 , 1993 , a copy of which is attached hereto marked Exhibit 17 "A" . The terms of the request are incorporated herein by reference 18 and shall govern the uses of the funds provided herein. The 19 financial assistance provided for in this agreement is made on a 20 one-time basis, and receipt of said funds shall not imply a 21 continuing obligation of the City beyond the terms of this 22 Agreement. 23 B. The expenditure is for a valid municipal public 24 purpose, to wit: for the promotion of Organization's Black 25 History Month's activities. 26 27 28 1 2 2 . Payment. Provided all internal City permit processing 3 requirements have been met to the satisfaction of the respective 4 departments and upon presentation of a claim to the City Finance 5 Director, City shall pay to Organization from the budget for the 6 1993-94 fiscal year, the total sum of Seven Thousand Dollars 7 ($7 , 000) . 8 3 . Use of Funds. The funds paid to Organization shall be g used solely for the purposes set forth in Paragraph 1 above. No 10 deviation from these provisions shall be made without the express 11 approval of the City of San Bernardino. Any unexpended funds shall 12 be returned to the City by Organization. 13 4 . Accounting. Within 20 days after the completion of the 14 event, the Organization shall submit to the City Administrator, 15 with a copy to the Finance Director, an accounting (including 16 copies of receipts) of the actual expenditures connected with said 17 event as it relates to the funds which were provided by the City. 18 Financial records shall be maintained in accordance with generally 19 accepted accounting principles by Organization in such manner as to 20 permit City to easily trace the expenditure of the funds. All 21 books and records of Organization are to be kept open for 22 inspection at any time during the business day by the City or its 23 officers or agents. Failure to submit the financial records in 24 accordance with this section will result in the Organization 25 reimbursing the City in the full amount received by Organization. 26 27 2 28 1 5 . Hold Harmless. Organization covenants and agrees to 2 defend, indemnify, and hold harmless the City and its employees and 3 agents from all liabilities and charges, expenses (including 4 counsel fees) , suits, or losses however occurring, or damages 5 arising or growing out of the use or receipt of the funds paid 6 hereunder and all operations under this agreement. Payments 7 hereunder are made with the understanding that the City is not 8 involved in the performance of services or other activities of 9 Organization. 10 6 . Termination. City shall have the right to terminate this 11 agreement and any funding remaining unpaid hereunder for any reason 12 by mailing a ten-day written notice to Organization and this 13 agreement shall terminate ten days after the mailing of such 14 notice. In the event this agreement is terminated for reasons of 15 improper use of funds or use of funds for any purpose other than 16 those authorized, any unexpended portion of the funds provided by 17 City shall be returned to City. In addition, Organization shall is reimburse to City any funds expended which were used for any 19 Purpose other than those authorized under this agreement. 20 7 . Permits and Insurance. Organization shall obtain all 21 Permits required for its activities and comply with all insurance 22 requirements applicable thereto. 23 8 . Authorization to Execute. Organization hereby covenants 24 that it has taken all actions necessary to make the adherence to 25 the obligations imposed by this agreement a binding obligation of 26 the organization. 27 3 28 1 9 . Notices. All notices herein required shall be in writing 2 and delivered in person or sent by certified mail, postage prepaid, 3 addressed as follows: 4 5 As to City: As to Organization: 6 City of San Bernardino Black Culture Foundation 300 North "D" Street P. O. Box 7288 7 San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Administrator 8 10. Entire Agreement. This agreement and any documents or 9 instruments attached hereto or referred to herein integrate all 10 terms and conditions mentioned herein or incidental hereto, and 11 supersede all negotiations and prior writing in respect to the 12 subject matter hereof. In the event of conflict between the terms, 13 conditions or provisions of this Agreement, and any such document 14 or instrument, the terms and conditions of this Agreement shall 15 prevail. 16 ATTEST 17 CITY OF SAN BERNARDINO, a Municipal Corporation of 18 State of California 19 TOM MINOR, Mayor 20 21 BLACK CULTURE FOUNDATION 22 23 24 25 26 28