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I RESOLUTION NO. 83-290
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BLACK HISTORY WEEK PARADE
3 COMMITTEE RELATING TO FUNDING FOR THE ANNUAL BLACK HISTORY WEEK
PARADE.
4
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 History Week Parade Committee relating to
9 funding for the Annual Black History Week Parade, a copy of which
10 is attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a regular meeting thereof , held
15 on the Gt1z day of September , 1983 , by the following
16 vote , to wit:
17 AYES : Council Members Reilly, Hernandez, _narks,
18 Ouiel, Frazier
19 NAYS: None
20 ABSENT: Councilmen Castaneda Strickler
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22 City Clerk
23 The foregoing resolution is hereby approved 7TH day
24 Of September , 1983 .
25y r of t oity o an Bernardino
26 Approved as to form:
28 City A torney
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1 A G R E E M E N T
2 (Community Organization)
3 THIS AGREEMENT is entered into at San Bernardino , California ,
4 between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City" , and BLACK HISTORY WEEK PARADE COMMITTEE,
6 a nonprofit community organization, referred to as
7 "Organization" .
8 City and Organization agree as follows :
9 1. Recitals .
10 (a) Organization has requested financial assistance from
11 City for the fiscal year 1983-1984 .
12 ( b) Organization represents that the expenditures
13 authorized by this agreement are for valid municipal public
14 purposes . The purpose is sponsoring the Annual Black History Week
15 Parade.
16 2. Payment. City shall pay to Organization the total sum of
17 FIVE THOUSAND DOLLARS ( $5, 000 . 00 ) at such time or times as
18 determined by the Finance Director of City in his sole discretion.
19 3 . Use of Funds. The funds paid to Organization shall be
20 used by it solely for the purposes set forth in Paragraph 1 (b) of
21 this agreement . A variation in the itemization of costs, as set
22 forth in the proposed budget submitted to City, not to exceed ten
23 percent ( 100 ) , shall be allowed , provided the prior written
24 approval of the City Administrator of City is obtained . At the
25 end of the term, all unexpended funds shall be returned to City by
26 Organization.
27 4 . Accounting. Prior to the final payment under this
28 agreement, and at such other times as may be requested by the City
I Administrator or Director of Finance of Citv, the Organization
2 shall submit to the City Administrator , with a copy to the
3 Director of Finance , an accounting of the proposed and actual
4 expenditures of all revenues accruing to the organization for the
5 fiscal year ending June 30, 1984 . Financial records shall be
6 maintained by Organization in accordance with generally accepted
7 accounting principles , in a manner which permits City to trace the
8 expenditures of the funds . All books and records of Organization
9 are to be kept open for inspection at any time during the business
10 day by the City or its officers or agents .
11 5 . Approval of City of any Charges. City reserves the right
12 to require Organization to obtain the prior written approval of
13 City of any charges or fees to be charged by Organization, and of
14 any rules and regulations governing the services .
15 6. Temporary Withholding. The City Administrator, with the
16 concurrence of the Mayor and Common Council , is authorized to
17 temporarily withhold or terminate the payment of funds to
18 Organization when the City Administrator determines that any
19 violation of the agreement has occurred . Funds shall be withheld
20 until the violation is corrected to the satisfaction of the City
21 Administrator and Mayor and Common Council .
22 7 . Hold Harmless. Organization agrees to indemnify and save
23 harmless the City and its employees and agents from all
24 liabilities and charges , expenses ( including counsel fees ) , suits
25 or losses however occurring , or damages arising or growing out of
26 the use or receipt of funds paid under this agreement , and all
27 operations under this agreement . Payments under this agreement
28 are made with the understanding that the City is not involved in
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1 the performance of services or other activities of Organization .
2 Organization and its employees and agents are independent
3 contractors and not employees or agents of City.
4 8 . Standards . Organization agrees to comply with the
5 provisions of "Section 1 . Recommendations" , of a portion of a
6 report entitled "Report of the Special Council Subcommittee for
7 Social Service Funds" dated and adopted on February 18, 1975 , and
8 on file in the Office of the City Clerk of City, a copy of which
9 has previously been provided to Organization.
10 9 . Termination. City shall have the right to terminate this
11 agreement and any funding of Organization for any reason by
12 mailing a ten day written notice to Organization and this
13 agreement shall terminate ten days after the mailing of such
14 notice.
15 10 . Amendment. This agreement may be amended or modified
16 only by written agreement signed by both parties and failure on
17 the part of either party to enforce any provision of this
18 agreement shall riot be construed as a waiver of the right to
19 compel enforcement of any provision or provisions .
20 11 . Assignment. This agreement shall not be assigned by
21 Organization without the prior written consent of City.
22 12 . Notices . All notices herein required shall be in
23 writing and delivered in person or sent by certified mail , postage
24 prepaid , addressed as follows :
25 City Administrator Black History Week Parade
City Hall Committee
26 300 North "D" Street c/o Frank Tillie, Jr.
San Bernardino, CA 92418 P.O. Box 7156
27 San Bernardino, CA 92411
28 . . . . .
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1 DATED: C�
2 CITY OF SAN BERNARDI
ATTEST:
3
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B /.
,rte
4 � C � /, '/tom "/ _ � ayor
City Clerk
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BLACK , HISTORY WEEK PARADE COMMITTEE
6 ) f �C,G
Y
8 Title C fie_ r �'2G
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Approved as to form:
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C ty At orney
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