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CITY OF SAN BERN
HDINAEQUEST F
R COUNCIL ACTION
From:
MARSHALL w. JULIAN,
CITY AmfiNISTRAT<R
Subject: BlACK HISTORY KIfiH - AI1l'HCIUZE
FUNDING ElO'I CDL':lURAL mHANCEMmr
FUNDS
Dept:
Date: I>ECEJmER 28, 1989
Synopsis of Previous Council action:
Funds allocated for this event in past years.
Recommended motion:
Adopt resolution.
~~L~
Sign e
Contact person:
MARSHALL w. JULIAN
Phone:
384-5122
Supporting data attached:
YES
Ward: N/A
FUNDING REQUIREMENTS:
Amount: $8,000.00
Source: (Acct. No.) 001~1-53662
Acct. Descri tion
Culture Enhancement Fund.
\1 \ . x)/o-..J...
Finance: ,~
Council Notes:
75-0262
Agenda Item No. -::Si
CITY OF SAN BERN RDINO - REQUEST F__-A COUNCIL ACTION
STAFF REPORT ..
Attached is a copy
Month, submitted
Foundation, Inc.
of
by
the
the
1990
San
Budget for Black History
Bernardino Black Culture
The Foundation is requesting City funds in the amount of
$8,000 to assist with its estimated budget of $18,000 for
Black History Month. The Foundation is also requesting the
waiver of any City fees which may be involved in connection
with the Parade and other events during Black History Month.
The Council Ways and Means Committee has
and recommends approval by the Council.
funds are available for this purpose.
reviewed the request
Cultural Enhancement
Assuming the Mayor and Council would have authorized the
additional funding necessary to defray City overtime costs in
connection with the Parade and other events, a separate
accounting of these costs will be maintained and charged
against Cultural Enhancement funds.
The Foundation has agreed to submit a categorized listing of
the expenditures of City funds prior to May 1, 1990.
MARSHALL W. JULIAN,
city Administrator
MWJ/sh
Attachment
75-0264
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1 RESOLUTION NO.~
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO BLACK CULTURE
3 FOUNDATION, INC., FOR THE CONDUCT OF BLACK HISTORY MONTH.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECT ION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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and Agreement with the San Bernardino Black Culture Foundation,
Inc., a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as though fully set forth at
length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
SECTION 3.
Pursuant to San Bernardino Municipal Code
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Sections 12.56.120, 12.56.140(c), and Resolution No. 86-480
Section 2 subsection III (G), it is hereby found that the San
Bernardino Black Culture Foundation, Inc., is a non-profit
association organized primarily for civic betterment and that it
is therefore, exempted from payment of costs for bleachers,
street barricades, and other equipment to be provided by the
various departments of the City for the annual Black History
parade and other events associated with its conduct of Black
History Month, in the City of San Bernardino.
SECTION 4. In addition to the other assistance provided to
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the San Bernardino Black Culture Foundation by this resolution,
the Mayor and Common Council hereby exempt that Foundation from
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JFW:br
1/4/90
1
1 RESOLUTION - AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO BLACK CULTURE FOUNDATION, INC. FOR THE CONDUCT OF
2 BLACK HISTORY MONTH.
3 payment of costs of labor, including overtime costs incurred by
4 the City with respect to the Black History Parade and other
5 events related to Black History Month. Such labor costs shall be
6 identified and made a charge against the Cultural Enhancement
7 Fund.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a meeting thereof, held on the
11 day of , 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
13 ESTRADA
REILLY
14 FLORES
MAUDSLEY
15 MINOR
POPE-LUDLAM
16 MILLER
17
City Clerk
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The foregoing resolution is hereby approved this
day
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of
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, 1990.
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W. R. HOLCOMB, Mayor
City of San Bernardino
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Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25 II
, I /l
26 By: ~ ':j, ;e~
27 Vi
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JFW:br
1/4/90
2
AGREEMENT
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Cultural Enhancement Fundinq
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the San Bernardino Black Culture Foundation, Inc. non-profit
organization, referred to as "Organization".
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assis-
tance from City in order to assist in defraying the expense of
the events and activities sponsored by Organization during Black
History Month, more particularly set forth in Organization's
1990 Budget. A copy of the Budget is attached hereto, marked
Attachment "A", incorporated herein by reference, and shall
govern the uses of the funds provided herein. The financial
assistance provided for in this Agreement is made on a one-time
only basis, and receipt of said funds shall not imply a
continuing obligation of the City beyond the terms of this
Agreement.
B. The expenditure is for a valid municipal
public purpose, to wit: for the promotion of ethnic cultural
values and achievements in San Bernardino and to stimulate
greater awareness regarding the societal contributions of the
Black community.
2. Pavment.
Upon presentation of a claim to the city Finance
Director, City shall pay to Organization from the City Budget
for the 1989/90 fiscal year, the total sum of eight thousand
dollars, to cover the costs incurred by Organization in
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developing and presenting
History Month.
3. Use of Funds.
The funds paid to Organization shall be used
solely for the purposes set forth in Paragraph 1. Said funds
shall be expended by April 30, 1990, and any unexpended funds
shall be returned to City by Organization.
4. Accountinq.
At such time or times as may be requested by the
City Administrator or Director of Finance, Organization shall
submit to the City Administrator, with a copy to the Director of
Finance and the Ways and Means Committee of the Common Council,
an accounting of the proposed and actual expenditures of all
revenues accruing to the Organization in connection with Black
History Month. Financial records shall be maintained in
accordance with generally accepted accounting principles by
Organization in such a manner as to permit City to easily 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.
5. Hold Harmless.
the events
and activities
of Black
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Organization covenants and agrees to defend,
indemnify, and hold 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 the funds paid
hereunder and all operations under this Agreement. Payments
hereunder 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
.
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independent contractors and are not employees or agents of the
City in performing said services. ~
6. Termination.
City shall have the right to terminate this Agree-
ment and any funding remaining unpaid hereunder, for any reason,
by mailing a ten-day written notice to Organization.
This
Agreement shall terminate ten days after the mailing of such
notice. In the event this Agreement is terminated for reasons
of improper use of funds or use of funds for any purpose other
than those authorized, any unexpended portion of the funds
provided by City shall be returned to City.
In addition,
Organization shall reimburse to City any funds expended which
were used for any purposes other than those authorized under
this Agreement.
7. Assiqnment.
Organization shall not assign its interest in this
Agreement without the prior written approval of City.
8. Insurance.
Organization shall take out and maintain during
the life of this Agreement such public liability and property
damage insurance as shall insure City, its elective and appoin-
tive boards, commissions, officers, agents
and employees,
permittee and its agents performing acts covered by this Agree-
ment from claims for damages for personal injury, including
death, as well as from claims for property damage which may
arise from Organization's or its agents' operations hereunder,
whether such operations be by Organization or its agents or by
anyone directly or indirectly employed by either Organization or
its agents, and the amounts of such insurance shall be as
follows:
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(a) Public Liability Insurance. In an amount not
1 less than $100,000 for injuries, including, but not limited to,
2 death, to anyone person and, subject to the same limit for each
3 person, in an amount not less than $100,000 on account of any
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one occurrence;
(b) Property Damage Insurance. In an amount of
not less than $50,000 for damage to the property of each person
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on account of anyone occurrence.
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City shall be set forth as an additional named
insured in each policy of insurance provided hereunder.
9.
Organization hereby convenants that it has taken
all actions necessary to make the adherence to the obligations
imposed
by this Agreement
a binding obligation of
the
Organization.
10. Notices.
All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
As to City:
As to Organization:
City Administrator
City of San Bernardino
300 North "0" street
San Bernardino, CA
92418
San Bernardino
Black Culture Foundation
ATTN: J. W. "Jim" King
San Bernardino, CA
92417
11.
Entire Aqreement.
This Agreement and any documents or instruments
24 attached hereto or referred to herein integrate all terms and
25 conditions mentioned herein or incidental hereto, and supersede
26 all negotiations and prior writing in respect to the subject
27 matter hereof.
In the event of conflict between the terms,
28 conditions or provisions of this Agreement, and any such
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document or instrument, the terms ~. ~ conditions of this
Agreement shall prevail.
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DATED:
CITY OF SAN BERNARDINO
ATTEST:
City Clerk
ORGANIZATION
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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By: ( .~ ~ /"", / - 'Y'---yv'--.
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