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HomeMy WebLinkAbout1984-4331 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 311 27 28 RESOLUTION NO. 84-433 RESOLUTION OF THE CITY OF SAN BER14ARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BLACK HISTORY WEEK PARADE COMMITTEE RELATING TO FUNDING FOR THE ANNUAL BLACK HISTORY WEEK PARADE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with Black History Week Parade Committee relating to funding for the Annual Black History Week Parade, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15tt, day of October , 1984, by the following vote, to wit: AYES: NAYS: ABSENT: Council Members Castaneda ReillyHernandez, Tlarks, Quiel, Frazier, Strickler None T\innn The foregoing resolutio Iof October , 1984. IjApproved as to form: City Attorney City Clerk I Pa 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T (Community Organization) THIS AGREEMENT is entered into at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and BLACK HISTORY WEEK PARADE COMMITTEE, a nonprofit community organization, referred to as "Organization". City and Organization agree as follows: 1. Recitals. (a) Organization has requested financial assistance from City for the fiscal year 1984-1985. (b) Organization represents that the expenditures authorized by this agreement are for a valid municipal public purpose. The purpose is sponsoring the Annual Black History Week Parade. 2. Payment. City shall pay to Organization the total sum of TEN THOUSAND DOLLARS ($10,000) at such time or times as determined by the Finance Director of City in his sole discretion. 3. Term. This agreement shall commence October 1, 1984, and terminate June 30, 1985. 4. Use of Funds. The funds paid to Organization shall be used by it solely for the purpose set forth in Paragraph l(b) of this agreement. A variation in the itemization of costs, as set forth in the proposed budget submitted to City, not to exceed ten percent (10%), shall be allowed, provided the prior written approval of the City Administrator of City is obtained. At the end of the term, all unexpended funds shall be returned to City by Organization. 5. Accounting. Prior to the final payment under this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreement, and at such other times as may be requested by the City Administrator or Director of Finance of City, the Organization shall submit to the City Administrator, with a copy to the Director of Finance, an accounting of the proposed and actual !expenditures of all revenues accruing to the organization for the fiscal year ending June 30, 1985. Financial records shall be maintained by Organization in accordance with generally accepted accounting principles, in a manner which permits City to trace the expenditures 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. 6. Approval of City of Any Charges. City reserves the right to require Organization to obtain the prior written approval of City of any charges or fees to be charged by Organization, and of any rules and regulations governing the services. 7. Temporary Withholding. The City Administrator, with the concurrence of the Mayor and Common Council, is authorized to temporarily withhold or terminate the payment of funds to Organization when the City Administrator determines that any i violation of the agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the City Administrator and Mayor and Common Council. 8. Hold Harmless. Organization agrees to indemnify and save harmless the City and its 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 funds paid under this agreement, and all operations under this agreement. Payments under this agreement -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are made with the understanding that the City is not involved in the performance of services or other activities of Organization. Organization and its employees and agents are independent contractors and not employees or agents of City. 9. Standards. Organization agrees to comply with the provisions of "Section 1. Recommendations", of a portion of a report entitled "Report of the Special Council Subcommittee for Social Service Funds" dated and adopted on February 18, 1975, and on file in the Office of the City Clerk of City, a copy of which has previously been provided to Organization. 10. Termination. City shall have the right to terminate this agreement and any funding of Organization for any reason by mailing a ten day written notice to Organization and this agreement shall terminate ten days after the mailing of such (notice. 11. Amendment. This agreement may be amended or modified !only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this ,agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 12. Assignment. This agreement shall not be assigned by Organization without the prior written consent of City. 13. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City Administrator Black History Week Parade City Hall Committee 300 North "D" Street P.O. Box 7156 San Bernardino, CA 92418 San Bernardino, CA 92411 -3- 1 DATED: 2 ATTEST: 3 4 5 6 7 8 9 all 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 O 28 y tiler Approved as to form: City At orney BLACK HISTORY WEEK PARADE COMMITTEE -4-