Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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-