HomeMy WebLinkAbout31- City Administrator CITY.OF SAN BERNARDINO REQUEST FOR COUNCIL ACT1(
From: Fred Wilson Subject: Request for civic & promotion F1
City Administrator funding -- Black Culture Foundat'
Dept:
Date: September 3 , 1998 ORIGINAL
Synopsis of Previous Council action:
10/22/97 -- Resolution #97-336 adopted authorizing civic/promotion
funding for FY97/98.
09/23/98 -- Ways and Means recommended approval.
Recommended motion:
That direct funding in the amount of $4, 200 and indirect funding in
the amount of $20, 796 be transferred from the 1998/99 civic and
promotion fund to various city departmental accounts in the amounts
listed in the staff report from the City Administrator dated
September 3 , 1998 , to cover their costs for personnel and eauinment
to assist with the 1999 Black History Week activities .
Adopt resolution. and
Signature
Contact person: Fred Wilson Phone:_ 5122
Supporting data attached: yes Ward:
$4, 200 direct
FUNDING REQUIREMENTS: Amount: $20 , 796 indirect
Source: (Acct. No.) 001-091-5186
(Acct. Description) civic and promotion fund
IMPORTANT NOTE - Finance:
Resolution 98-291 is null and
void because it was not
executed within time specified.
IC—)ZOL
75-0262 Agenda Item No
Attached is a Request for Civic and Promotion funding from the Black Culture
Foundation asking the City for$4,200 in direct funding and a waiver of fees for
departmental personnel and equipment in the amount of approximately$20,796 to assist
in the conduct of the 1999 Black History Parade and other Black History Week events
scheduled for February 5-7, 1999.
Below is a breakdown of the departmental costs:
Department Amount
Police $13,840 personnel/equipment
Parks & Recreation $ 2,993 facility use
$ 1,500 damage/clean up deposit
Public Services $ 1,313 personnel/equipment
Traffic Engineering $ 1,150 barricades/ref. deposit
Total $20,796
If recommended for approval by the Ways and Means Committee, an agreement will be
prepared and placed on an upcoming Mayor and Council agenda.
COPY
1
2 RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION
4 RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUNT
FOR FISCAL YEAR 1998/99 .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS :
7 SECTION 1 . The Mayor of the City of San Bernardino is herebl
8 authorized and directed to execute on behalf of said City ar
9 agreement with the Black Culture Foundation relating to financial
10 assistance from the civic and promotion fund for FY 1998/99, a copy
11 of which is attached hereto, marked Exhibit "A" and incorporates
12 herein by reference as fully as though set forth at length.
13
14 SECTION 2 . The authorization to execute the above referencec
15 agreement is rescinded if the parties to the agreement fail tc
16 execute it within sixty (60) days of the passage of thiE
17 resolution.
18
19 I HEREBY CERTIFY that the foregoing resolution was dul,;
20 adopted by the Mayor and Common Council of the City of Sar
21 Bernardino at a meeting thereof, held on the da-,.
22 of 1998 , by the following vote, to wit :
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CIVIC
AND PROMOTION FUNDING FOR FY 98/99
1
2
3
4 Councilmembers AYES NAYS ABSTAIN ABSENT
5 ESTRADA
6 LIEN
7 ARIAS
8 SCHNETZ
9 DEVLIN
10 ANDERSON
11 MILLER
12
13 City Clerk
14
15 The foregoing resolution is hereby approved this day of
1998
16
17 Judith Valles, Mayor
City of San Bernardino
18 Approved as to form
19 and legal content :
20 JAMES F. PENMAN
City A torney
21 By:
22
23 '
24
25
26
27
28
-2-
1
2
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 BLACK CULTURE FOUNDATION, a non-profit organization, referred to as
8 "Organization. "
9 The parties agree to as follows :
10 1 . Recitals .
11 A. Organization has requested financial assistance from
12 City for the fiscal year 1998-99, in order to assist in defraying
13 the expenses connected with the conduct of events related to the
14 celebration of 1998 Black History Week, as outlined in their
15 Request for Funding to the Mayor and Common Council , a copy of
16 which is attached hereto marked Exhibit "A" . The terms of the
17 request are incorporated herein by reference and shall govern the
18 uses of the funds provided herein. The financial assistance
19 provided for in this agreement is made on a one-time basis, and
20 receipt of said funds shall not imply a continuing obligation of
21 the City beyond the terms of this Agreement .
22 B. The expenditure is for a valid municipal public
23 purpose, to wit : for the conduct of events related to the
24 celebration of 1999 Black History Week.
25 2 . Payment . Upon presentation of a claim to the City
26 Finance Director, City shall pay to Organization from the civic and
27 promotion fund budget for the 1998-99 fiscal year, the total sum of
28
1 FOUR THOUSAND TWO HUNDRED DOLLARS ($4, 200)
2 3 . Use of Funds . The funds paid to Organization shall be
3 used solely for the purposes set forth in Paragraph 1 above. No
4 deviation from these provisions shall be made without the express
5 approval of the City of San Bernardino. Any unexpended funds shall
6 be returned to the City by Organization.
7 4 . Accountability. Financial records shall be maintained in
8 accordance with generally accepted accounting principles by
9 Organization in such manner as to permit City to easily trace the
10 expenditure of the funds . All books and records of Organization
11 busines
are to be kept open for inspection at any time during the s ,
12 day by the City or its officers or agents . Failure to submit the
13 financial records in accordance with this section will result in '
a
14 the Organization reimbursing the City in the full amount receivedi
15
by Organization. At the conclusion of the program, Organization ;
16 shall present the City Administrator or her designee copies of ally
17 receipts for expenditures connected with said program in the total
18 amount of FOUR THOUSAND TWO HUNDRED DOLLARS ($4 , 200 . 00) .
19 S . Hold Harmless . Organization covenants and agrees to
20 defend, indemnify, and hold harmless the City and its employees and '
21 agents from all liabilities and charges, expenses (including
22 counsel fees) , suits, or losses however occurring, or damages
23 arising or growing out of the use or receipt of the funds paid
24 hereunder and all operations under this agreement . Payments
25 hereunder are made with the understanding that the City is not
26 involved in the performance of services or other activities of
27
28 2
1 Organization.
2 6 . Insurance . Organization shall take out and maintain
3 during the life of this Agreement such public liability and
4 property damage insurance as shall insure City, its elective and
5 appointive boards, commissions, officers, agents and employees,
6 organization and its agents performing acts covered by this
7 Agreement from claims for damages for personal injury, including
8 death, as well as from claims for property damage which may arise
9 from Organization' s or its agents' operations hereunder, whether
10 such operations be by Organization or its agents or by anyone
11 directly or indirectly employed by either Organization or its
12 agents, and the amounts of such insurance shall be as follows :
13 (a) Public Liability Insurance . In an amount not less than
14 $1, 000 , 000 for injuries, including, but not limited to, death, to
15 any one person, in an amount not less than $100 , 000 on account of
16 any one occurrence;
17 (b) Property Damage Insurance . In an amount of not less than
18 $50 , 000 for damage to the property of each person on account of any
19 one occurrence .
20 (c) Workers Compensation. Organization shall provide workers
21 compensation insurance in the amount required by state law if the
22 funds provided hereunder are to be paid as salary to any employee
23 of organization. Organization shall require that all rights of
24 subrogation under such policy of workers compensation insurance
25 shall be waived as to City. City shall be set forth as an
26 additional named insurance in each policy of insurance provided
27
3
28
I hereunder.
2 (d) The Certificate of Insurance furnished to the City shall
3 require the insurer to notify the City of any change or termination
4 in the policy.
5 7 . Termination. City shall have the right to terminate this
6 agreement and any funding remaining unpaid hereunder for any reason
7 by mailing a ten-day written notice to Organization and this
8 agreement shall terminate ten days after the mailing of such
9 notice. in the event this agreement is terminated for reasons of
10 improper use of funds or use of funds for any purpose other than
11 those authorized, any unexpended portion of the funds provided by
12 City shall be returned to City. In addition, Organization shall
13 reimburse to City any funds expended which were used for any
14 purpose other than those authorized under this agreement .
15 8 . Authorization to Execute . Organization hereby covenants
16 that it has taken all actions necessary to make the adherence to
17 the obligations imposed by this agreement a binding obligation of
18 the organization.
19 9 . Notices . All notices herein required shall be in
20 writing and delivered in person or sent by certified mail , postage
21 prepaid, addressed as follows :
22 As to City: As to Organization:
23 City of San Bernardino Black Culture Foundation
24 300 North "D" Street P .O. Box 7288
San Bernardino, CA 92418 San Bernardino, CA 92411
25 Attn: City Administrator Attn: Chuck Burris, President
26 10 . Entire Agreement . This agreement and any documents or
27
28 4
AGREEMENT WITH BLACK CULTURE FOUNDATION FOR CIVIC AND PROMOTIO
FUND FY 1998/99 .
1 instruments attached hereto or referred to herein integrate all
2 terms and conditions mentioned herein or 'incidental hereto, and
3 supersede all negotiations and prior writing in respect to the
4 subject matter hereof. In the event of conflict between the terms,
5 conditions or provisions of this Agreement, and any such document
6 or instrument, the terms and conditions of this Agreement shall
7 prevail .
8 In witness whereof, the parties hereto have executed this
9 agreement on the day and date first above shown.
10
11 CITY OF SAN BERNARDINO
12
13 BY:
Judith Valles, Mayor
14
15
BLACK CULTURE FOUNDATION
16
17
Chuck Burris, President
18
19 ATTEST:
20
BY I
21 City Clerk I
i
22
Approved as to form
23 and legal content :
24
James F. Penman,
25 City Attorney
i
26 by. t
27
28 5
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1—
( CITY OF SAN BERNARDINO-CIVIC AND PROMOTION FUND
REQUEST FOR FUNDING ASSISTANCE
I. Organization(Name,Address,etc.) Date Submitted A„Mi,.r 1A, 199A
2. Contact Person Thanes Gueston
P. O. Box 72 88 Title 21x1 Vice President
-S" BeF -Fddj:fle GA 9241 1 Phone (909) AA4-4171
3. Phone (909) 381-8240 4. Period of Support Requested or Date of Event
Number of Years in Existence 30 Fehnu,-Y, �7� 1 ggg
S. TaxpayerldentiPcationNumber Fed 95-3674129�
6. Activity for which funding is requested: Safi Bernardino Black History Month (February) Activities
_February 5, 1999: Recognition Reception Crowning of Senior King and Queen Miss Black
Black History Ball; February 7, 1999: Gospel Program
7. Estimated number of persons expected to attend this program/project
8. Proposed Budget: Budget Actual Budget Actual Budget Actual
Personnel: I 016 Facility Rental See 015* I 023 Trophies 1 1350
017 Insurance 2817 024 Scholarships 0
01 Ful time Salaries ( A 018 Decorations 360 200 025 Celebrity Expenses
02 Parttime Salaries A 019 Utilities: i Accommodations
03 Overtime i a Gas 100 160
Lodging 600 575
os ! E!ectrcal 40 Other (Refresh 80 80
Phone 500 300 ment5)
Other 100 100 026 Miscellaneous expenses:
Expenses: T-Qh 7 ri C
Sub-Total 7nn i rnn Rlar-le SR
010 Office Supolies p
Ot t Postage 1 Sn 1 1 Fla SpeciS1Eg runt 325 � �`� R—'�"',mn
g rr Qt'Oer
Ott Printing 2500 1950 i banners, and St3to Filing Sae 1n I to
013 Equioment Rental 350 300 ambiance �_ Bend (Reimbur- 1500 500
o1a Security i 0 o21 Advertising 1501 _75 sable)
015 Food/ 022 Promotion 200' 125
Refreshments 6500 5325* Expenses GRAND TOTAL
t 7
9. L st Ant"ated FundinTRevenue!Sources other than City)
Source Amount
rnr,Y-;s•,,,*;nnc• Anhc„ser R, c'-h� Frii cnn C cmiaany, ThP r-- Calteany,
Community Hospital, San Manuel Indian Bingo, Waterman Carwash, Doctor DAniels
TOTAL % S,1no
'0 Anticpated revenue from activity $5,315
I Total Amount Requested from City Sent to Ways 3 Msans Date _
A. Total Proposed Budget Amount $20,000 Action.
B. L= Other Funding Sources 10,415
Sent to.Mayor d Council Data:
C Total Amount Requested from City 4,200 Action:
12. Describe any additional assistance being requested from the c ty: (Personnel,equipment,park area. Estimated Costs
building,etc.) (To be completed by City)
A. r-;r;i: paliro fnr carnirih,,,, hrffir- ;irx �=ntr01
B Use nf EnCanto Park, grounds, and facilities. Loan of 10 tables,
80 chairs, 2 stages, bleachers, and bunting.
C rihV r-rpws n ,;Pr tip_barricade sit transport bleachers and tables,
chairs, set up security fencing, and close streets clurinlg PRM(Te,
13. Sign r 1 applicant Date:
August 18, 1998
NOTE:Please be props r- to submit an audlt of your llnanc/al sclfvltfet,In the event such Information Is deemed nw..-
San
Bernardino
BLACK SAN BERNARDINO
,W j-,
BLACK CULTURE FOUNDATION
P. O. BOX 7288
SAN BERNARDINO, CA 92411
CULTURE Tax I.D. No. 9.5-3674139
FOUNDATION
T August 18, 1998
Mayor and Common Council
DxcurmECOMMITTEE 300 North "D" Street
Chuck Bums San Bernardino CA 92418
President
Joseph Smith,Jr. Re: 1999 Black History Parade
1st Vice President
V The 30th Annual Black History Parade will be held
2nd
Thomas_ i Gce Presesiden t Jr. Saturday, February 6, 1999 at 10:00 a.m. Tentative
President
plans are to start the parade at California and
W. Robert Fawke Baseline Streets, proceed east to Mt Vernon, south
3rd Vice President to 10th Street, turn east and end at Encanto Park.
Robert S. Bailes
Treasurer As a non-profit organization, we ask fanancial
Mar aret Hill assistance from the City to help defray the cost
Tidvisor, of the parade and its attendant activities, as
Jim King enumerated in the enclosed budget. In addition,
Advisor we request a waiver of fees and the following
supportive services:
anita H. Scott, Pii.U.
Advisor
a. The use of grounds and facilities at Encanto
Eugenia Turner Park to include concession stand, restrooms, and an
Corresponding Secretary electrical power source. Electrical power is
Syyble M. Tompkins needed for the PA system and the concession stand.
Recording Secretary
b. Closing of streets and placing of barri-
cades along the parade route as indicated on the
enclosed map.
C. Loan and delivery of 10 tables and 80
SPONSORS chairs to be placed along the parade route as
indicated on the enclosed map.
Anheuser-Busch
City of San Bernardino d. Loan of one large stage and -one small
covered stage. The stage is to be placed in front
Community Hospital of Tillie' s Memorial Chapel along with 60 chairs
of San Bernardino which will be used to seat dignitaries and special
Edison International guests . The small stage will be placed near the
GTEL end of the parade route where trophies will be
distributed.
HealthNet
St. Bernardine e. Loan of red, white, and blue bunting to
Medical Center decorate the large stage and one staple gun to
-an Manuel Indian affix bunting to the stage.
Bingo Sc Casino
San-Hi Bowling Center
Southern California
Gas Company
f. Appropriate crews to pick up and deliver bleachers
from City of San Bernardino, delivery and return of bleachers
after the parade has ended.
g. Appropriate police personnel for security and crowd
control.
A map of the parade route is attached, Hold Harmless Agreement
has been completed, and sufficient insurance to cover all events
has been obtained. Certificate of Insurance is enclosed. Our
contact person is Thomas Gueston ( 909) 381 -8240 (work) or ( 909)
884-4173 (home) .
Thank you for considering our request and we look forward to
hearing from you soon.
Sincerely,
Char es rr s
President
Enclosures
Vr
C I T Y O F
-4
-=` an bernardino
R A C H E L C L A R K
C I T Y C L E R K
October 7, 1998
Chuck Burris
Black Culture Foundation
P. O. Box 7288 ?
San Bernardino, CA 92411
Dear Mr.+fitl GLfZ
At the Mayor and Common Council meeting of October 5, 1998, the City of San
Bernardino adopted Resolution 98-291 authorizing a civic and promotion funding
agreement.
Enclosed is an original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box 1318.
San Bernardino, CA, 92418 as soon as possible.
You will be mailed an executed copy for your tiles.
Please be advised that said resolution will be null and void if it is not executed within
sixty (60) days— December 4, 1998.
If you have any questions, please do not hesitate to contact me at (909) 384-5002"
Sincerely,
Rachel Clark
City Clerk
By: Melanie Miller, Senior Secretary
RC:mam
P . O . B O X 1 3 1 8 , S A N 8 E R N A R D 1 N 0 , C A 9 2 4 0 2
3 0 0 N 0 R T H D S T R E E T S A N 8 E R N A R D I N 0
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 9 4 - S 0 0 2
( 9 0 9 ) 3 8 4 . 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 S 8
T D D I T T Y - ( 9 0 9 ) 3 8 4 - S S 4 0
n
C I T Y O F
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
October 8 , 1998
Mr. Charles Burris, President
San Bernardino Black Culture Foundation
P .O. Box 7288
San Bernardino, CA 92411
Dear Mr. Burris :
At the meeting of the Mayor and Common Council held on October 5 ,
1998 , the Mayor and Council approved direct funding in the amount
of $4 , 200 and indirect funding in the amount of $20, 796 to assist
with the 1999 Black History Week activities including the parade to
be held Saturday, February 6 , 1999 .
If we can be of further assistance, please do not hesitate to
contact this office .
Sincerely,
Rachel G. Clark
City Clerk
cc : Fred Wilson, City Administrator
P . O . 8 0 X 1 3 1 8 , S A N B E R N A R D 1 N O , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N 0
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 5 1 S 8
T 0 D / T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RINI) PROGRAM
DATE: December 29, 1998
TO: Sandra Medina, Administrator Operations Supervisor
FROM: Melanie Miller, Senior Secretary
RE: Expired Resolutions Status Report
CC: Rachel Clark, City Clerk
--------------------------------------------------------------------------------------------------------------------------------------
The following is a status report on resolution attachments not executed prior to their expiration dates from July 1, 1998 through
December 29, 1998.
MEETING RESOLUTION EXPIRATION DEPARTMENT WHAT
DATE # DATE
07/20/1998 98-205 90 days Development Svcs Agreement with property owners on Pioneer
Street (Orange Show Rd extension) for the
installation of a retaining wall and appurtenant
facilities on their properties.
08/03/1998 98-229 11/01/1998 Development Svcs Program Supplement No. 001-M STPLX 5033
(001) for barrier rails on Rialto Ave at BNSF
Railroad bridge No. 54C-0378, and on Highland
Ave over Del Rosa Channel Bridge No. 54C-
0227. (See Memo of 10/29/1998 regarding this
matter)
08/17/1998 98-243 90 days Facilities Mgmt Contract with the State of California, through its
Department of General Services-Energy
Assessments (DGS/EA) and City and
Commonwealth Energy for the purchase of
electricity for 1 year.
09/21/1998 98-270 11/20/1998 Development Svcs License Agreement with Edison for non-
electrified attachments and appurtenances to
Edison street lights.
10/05/1998 98-291 60 days Mayor's Office Authorizing the execution of an agreement with
the Black Culture Foundation relating to financial
assistance from the civic and promotion fund for
FY 1998/1999.
1
MEETING . RESOLUTION EXPIRATION DEPARTMENT WHAT
DATE # DATE
10/19/1998 98-307 12/18/1998 EDA City participation in the Independent Cities Lease
Finance Authority (ICLFA) fresh rate (101%)
HOME Mortgage) Program.
This notice has been placed on the following documents to clarify their status:
1. Original resolution,
2. Original staff report,
3. Original resolution log.
"IMPORTANT NOTE - Resolution 98-xxx:
Resolution is null and void because
it was not executed within time
specified."
Just let me know if you have any questions.
Melanie Miller
Senior Secretary
2