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HomeMy WebLinkAbout13-City Administrator e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson City Manager Subject: Request for civic & promotion funding & waiver of fees for the Black History Parade to be held February 3, 2007 Dept: Date: January 8, 2007 M/CC Meeting Date: 1/22/07 Synopsis of Previous Council Action: 1/10/6 Recommended by Ways and Means Committee 1/23/06 Agreement authorizing civic and promotion funding and waiver of fees adopted. Recommended Motion: 1. Adopt resolution. 2. That the request from the Black Culture Foundation for direct funding in the amount of $4,500 and indirect funding in the amount of $20,022 be transferred from the 2006-07 civic and promotion fund to various City departmental accounts as listed in the attached Staff Report; and a waiver of fees and use of City personnel and equipment be authorized to assist in the 2007 Black History Parade scheduled for February 3, 2007, be approved. . Contact person: I=rpn Wilc:nn Phone: "i1?? Supporting data attached: Ward: 1 yes FUNDING REQUIREMENTS: Amount: $4,500 direct; $20,022 indirect Source: (Acct. No.) 001-091-5186 (Ar,..t n~c:,..rirtinn) r:h/ir It rrnmntinn Finance: Council Notes: 1/,.";41 Nb.13 e e e STAFF REPORT Subiect: Request for civic and promotion funding for the 2007 Black History Week activities and parade, and waiver of fees for use of personnel and equipment to assist with event. Backl!round: Attached is a request from the Black Culture Foundation for $ 4,500 in direct funding from the Civic and Promotion budget to fund the activities of Black History Week including the Black History Parade scheduled for February 3, 2007. In addition, the Foundation is requesting a waiver of fees for the use of City labor and equipment to assist with this event which is estimated to cost approximately $ 20,022. This is an increase of $729 in indirect costs over 2006 due mainly to a larger police presence for 2007 which was recommended by the Police Department. Funding in the amount of $20,022 will be transferred from the civic and promotion fund into the various City departmental accounts as listed below to recover their costs incurred in assisting with the parade. This event has been approved for funding on an annual basis since 1996. This year's direct funding request of $4,500 is the same as last year. Per the agreement, the organization submitted an accounting including receipts for the 2006 event which has been reviewed and accepted by the City Manager's Office. Departmental Accounts Amount Police Parks & Recreation Public Services Development Services $ 16,440 security/vehicles $ 2,628 labor/equipment $ 427 refuse/street sweeps $ 527 barricades/signs Placement/removal Total $ 20,022 Non waivable fees and refundable security deposits. Traffic Engineering $ 500 barricade deposit Financial Impact: Direct funding in the amount of $4,500, and a waiver of fees for City personnel and equipment in the amount of $20,022 from the civic and promotion fund constitute the costs to the City for this event. Provided as an attachment is a matrix for the FY 06/07 civic and promotion fund which indicates the availability of funding. Recommendation: Adopt resolution. Authorize direct funding in the amount of$4,500 and indirect funding in the amount of $20,022 from the FY2006/07 civic and promotion fund and approve waiver of fees for use of City personnel and equipment to assist with the 2007 Black History event. e '~ I~ I ~ I c 1 ..... ... N" " ~~ ~ lig! ~ "...I.....i "'''' '" .N I'" I~ I:!: I . 1 ",I 0", 0" g',; O!~ .ni "'''' ill !,I~I~!. I(;! :0 "lit: ,llfm, 'c:! I,M, :I' I ' ~i . Iii ;c:(: 1..1..1 .. ~_~_~I ;l " iglg'l ::i Ig!I~1 :3, :0 "lit I i!: liU;I~1 I~: ' I I Ie:: folti'-'i e e .. 1i: o o z " ... 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Tomplelns CORPORATE SPONSORS SAN~MANUEL IlANDOF Tir MISOION INDIMII SPONSORS Anheuser-Busch Arrowhead Credit Union Commu~ Hospital of San B8mardlno Edison International ~e Gas Company SAN BERNARDINO BLACK CUL TURE FOUNDA TION P. O. BOX 7288 SAN BERNARDINO, CA 92411-0288 Tax I.D. No. 95-3674139 October 25, 2006 Mayor and Common Council City of San Bernardino 300 North 0 Street San Bernardino CA 92418 ~e: 2007 Black History Parade The 38th Annual Black History Parade will be held at 10:00 A.M., Saturday, February 3, 2007. The parade is to start at Eighth and E Streets, proceed south and end at Second and E Streets. As a non-profit organization, we request financial assistance from the City to defray the cost of the parade and its its other activities, as reflected in the attached budget. Request a waiver of fees and support services, closing of streets, and placing of barricades along the parade route. Additionally, we request the loan and delivery of the following: a. Six tables and twelve chairs to be used at various locations along the parade route. b. One large stage to be placed in front of the Carousel Mall along with forty chairs which will be used to seat our special guests. c. ~ed, white, and blue bunting to decorate the stage. d. Bleachers from the City of San Bernardino and crews to transport the bleachers. A Hold Harmless Agreement has been prepared and a map of the parade route is attached. We have obtained sufficient insurance to cover all events and a copy of the insurance binder is enclosed.. Should you require additional information, please contact me at (909) 884-4173. Thank you for considering our request and we hope to hear from you soon. Sincerely, / . ;./ I> LA""1 - , ,(,. ~/ LIt l.1'~(~/,____-c..::71~ Thomas Gueston First Vice President ~ Encl e tit e HOLD HARMLESS AND INDEMNIFICATION LicenseelPermittee shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any ways incident to, in connection with or arising directly or indirectly out of this agreement. LicenseeIPermittee shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Licensee! Permittee. LicenseeIPermittee shall also bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to creat$:: any cause of action in favor of any third party against LicenseelPermittee or the City or to enlarge in any way the LicenseelPermittee's liability but is intended solely to provide for indemnification of the City from liability for damage or injuries to third persons or property arising from LicenseelPermittee's performance hereunder. O~rohpr?~ ?OOh Dated Rlrlck rnltllrp FOllnni=ltion . LicenseelPermittee "'".. _ <'/'/'--/;'/>1. ')/U/. / ,~;t:/~ By Thomas Guestorr-/ 'j f, //"" c-:) 9A .[)G TitleFirst Vice President (Attach a certified copy of documentation, which will authorize Applicant to contract on behalf of corporationlbusiness.) .-;- T' r ~ " .~..~,-_:~:-;:: ~ ':' r'1.' -,~ <-:,;~:-.".....-/...:..:~":-;;:~~-:~ y- ;:. ~:-.: ~t' -,. _. -"Certificate of In$'u.r.~n~~...- ,~~<:~':. - . ~ 1::HrS CERTIFICA.TE-tS ISSU.ED AS~ ~ MATTER Of INFORMATION OriLY-AND CONF~~ ~.~~HTS;I}P2I'L!~.E p~~JflCAH (l ,I R , ~ THIS CERTIF~~TE DOES "NOT !tME.N.O. ~~NDWR ALTER, THI(COVERAGE-AFF.O~DEO ,f!Y' rn!-,P'Q1IC!~;:L1STEO...BELOW . CA LIC #0622474 OLS IKSURANCE AGENCY S. ORANGE AVENUE RIALTO, CA. 92376 (909) 874-3763 COMPANIES AFFORDING covERAGES ~::,Y A SCOTTSDALE INSURANCE COMPANY COMPMY B LEmR SAN BERNA.RDINO BLACK PO BOX 7288 SAN BERNARDINO, CA. 92411 COMPAHV C CULTURE FOUNDATION LETTER NAME AND ADDRESS c:E INSURED COMPANY 0 LETnR COMPANY ~ LETTER !l;. This is to c:wUfy that policies of insurance listed betow have been issued to the insured named above and are in force at 'this time. Notwithstandtn~ requirement. term or condition of any contrxt or other document with respect to which this certific;at8 may be issued or may pertain. the insurance affon:Ied by U1e poIides ibed herftI is subied 10 all the tenns. exdusions and conditions of such poIic:ies. . -mitso a n QUAn """ OCCURRfNC[ TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE AGGREGATE COMPANY LETTER GENERAL LIABILITY II] COMPREHENSIVE FORM o PREMISES-QPERATIONS O EXPLOSlON AND COLLAPSE HAZARD o UNDERGROUND HAZARD o PRODl.fCTS,"COMPt.ETEO OP!RATIONS HAZARD o CONTRACTUAl INSURANCE o BROAD FORM PROPERTY DAMI'GE o IfIDEPENDENT CONTRACTORS o ptRSONAl lNJURY BOOll Y INJURY . . CLS08999979 01/30/07 PROPERlY DAMAGE . . BOOIl Y INJURY AND PROPERTY DAMAGE COMBINED .1,000 .1,000 PERSONAJ... INJURY . EXCESS LIABILITY o UMBRELLA FORM o OlHERTHANUNBRELlA. FORM WORKERS' COMPENSATION and EMPLOYERS" LIABILITY OTHER STATUTORY AUTOMOBILE LIABILITY o COMPREHENSrvE FORM DOWNED o HIRED o NQN.OWNED eoDll v !NJURY . {EACH PERSON} BOOILY INJURY . (EACH ACC:OENl) PROPERI'!'DA~AGE . BODll" INJURY AND PROPERTY DAlMGE S COMBINED BODilY INJURY AND PROPER'!" DAMAGE . COMB!NEO '.':"". ~_.., .. ......,.,... _ ,. S ="r'....r4...tti_t:_~ - ~-..~_._~~...-,-.;.. -.' .['-Ctt..coovcTI ..- ':. -~.,. .. " '-...<-,:' ... .:.... "-,-. ..,- ~ . .-:'.i.~.'-'~ ... !l!'t_, -~__.-. ..:>.,-" .....r-~_.-r--.:'O~.~-~T~-..;..~~._ DESCRIPTION OF OPERATIONSILOCATJONSlYEHIClfS ANNUAL BLACK HISTORY PARADE/EXPO(COURT STREET)/BALL TO BE HELD ON 2/04/06 IN SAN BERNARDINO, CA. CARRIER TO ISSUE ENDORSEMENT NAMING CERTIFICATE HOLDERS AS ADDITIONAL INSUREDS Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. I laD NAME AND ADDRESS OF CERT1F1CATE HOlDER: CITY OF SAN BERNARDINO-RISK MGMNT CITY OF SAN BERNARDINO E.D.A., AND STURGESS CENTER FOR THE FINE ARTS 300 N. "D" STREET SAN BERNARDINO, CA. 92410 ~iACCRD 1~ ,P'!t) . . Cl 'tJ ttl - III III III ." ~'1 ~ ~ 11 0 11 11 lD ..... lD lD lD ~ lD lD ~ ~ ~ C III - 9th street Div 1 0 ." III C/l 8th street ~,.. ., 11 n<.. 1 rt sturges a. . III Auditorium lD III CII rt 7th street ~,.. A ~ III Police ;:;.station Victoria CIl 6th street Public Library 5th street 4th street )olc.., Carousel Mall 11 c::: lDa. III 'S. -.Court street ::l Court street 0 III Square f-'. ~ 2nd Street ~ t'arc ae l>nas {Jl III ..... Rialto Arrowhead Credit Union Park 280 South E street . ---- --_.-.~ SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) ~ of Organization Bernardino Black Culture Foundation Address Post Box 7288, San Bernardino CA 92411 PhonelF AX Contact Person PhonelF AX (909) 884-4173 (H) 'l11omas Gueston Designation of 50 1 c (3) non-profit status of Organization (Attached: Yes_ No~ Date of Event Location Estimated No. of Attendees "oh~,~ru" ...""... ~ .~ ~,_...~... . '" """ Purpose olFunding Funding 2007 Black History Month activities consisting of Miss Black San Bernardino Pageant, crowninq of Senior Kmq & Queen. Black Historv Parade and Ball. PROPOSED CURRENT BUDGET A. REVENUES: (List all anticipated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorships "=on Mi ""n~ ~~ ,1<1:<; 0001 ,,~"" Arrowhead Credit Union ($2,000), Collmunity Hospital ($2,000), Anheuser Busch ($500) Registrations n - Promotions 0 . Donations <RQO In Kind Services (Other than City Services) Auto Dealers ($1 .000) ?nnn ""hi,..'" ~ 1<1:<;001 M~+-'_'" .,~- 1<1:<;001 Total Dollar Amount Requested of City 4500 A. TOTAL PROPOSED REVENUES 15390 e MUST BE SUBMITTED TO CITY ADMINISTRA TOR 'SOFFfCE 60 DAYS PRIOR TO EVENT FOR WHICH FUNDING IS REOL'ESTED. NO EXCEPTIONS. San Bernardino Illack Culture Foundation NAME OF ORGANIZATION: e REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) lB. EXPENDITURES: (Include all known direct expenses connect with event) . EXPENSES AMOUNT TOTAL Personnel/Salaries n Permits 65 Fire 0 Bus. Lie. 0 ABC 0 Other 0 Insurance City of SB Attached (Yes x No ) 5000 Park Damalle Bond 0 Park Clean UP DepositiDamalle Bond 0 Security S.B.P.D 0 Private Security 400 Other n Advertisinll Radio n - Newspaper 0 Banners . ~no Flyers 50 Other (Vehicle Siems) 500 Entertainment Music ~nn Sound System ?nn Other 0 Promotional Items Trophies 2000 Plaoues ICcmbined with troooiesl 0 T-Shirts 500 Other (printinn Brochures \ 1000 Sanitation 375 Portable Restrooms Special Events ,.... D'~~" ,,~~ ,~~ ,,,nn Banquet Facilities 7000 Parade Black Culture Foundation Float) 500 Other (Senior King and Queen) 150 B. TOTAL PROPOSED EXPEl'o'DITURES 19890 'mmarv: A. Total Revenues $ 15390 D. Total Amount Requested from City B. Total Expenditures - $ 19890 $ 4500 C. Total Fee Waivers - (from Part Ill) $ ~aJJ NAME OF ORGANIZATION: San Bernardino Black culture Foundation REQUEST FOR CIVIC AND PRO;\IOTION FUNDING (PART III) . REQUEST FOR FEE W AIYERS (List all City services for which you are requesting fee waivers) e C. Fee Waivers Amount Police //_ w.v} Security / Traffic Control Fire Site Insoections Crowd Control Facilities Sound Svstem Civic Center Use Permit . Public Services Lf.J. 7 Refuse Bins ( ^ Street Sweeoin" 'J. Z t-R EC... ..:l '- ) i Develooment Services J".J. ., Plannine TUP , Buildine Other (Exolain) refund of insurance payment j '\ I '7/"P'1t r;:'/ r- .~ 15E ( uPJ-rA-l; 11 M ~ <:1'1))f Total Amount of Fee Waivers (In-Kind Services) 1..]1) h 1-:1 . , For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance e e e e 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2006/07. BE IT RESOLVED BY THE MAYOR AND COMMON .COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Black Culture Foundation for financial assistance from the civic and promotion fund for FY 2006/07, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 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 adoption 16 of this resolution. 17 18 19 20 21 22 II/ 23 24 /11 II/ II/ II/ /11 III 25 /11 2() /11 III lflo./.3 1/2-~41 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2006/07. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2007, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2007 Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, 25 City Attorney 26 By: 14--(.. f. .tu_ . ~ 27 0 28 e 2 e 13 14 e 15 16 17 18 19 20 21 22 23 24 25 e AGREEMENT Civic and Promotional 2. E")(,rl/&/T "A .. e GREEMENT BETWEEN CITY OF SAN BERNARDNO AND BLACK CULTURE 1 FOlJNDA nON FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND PROMOTION FUND. 2 3 4 3. Use of Funds. 5 The funds paid to Organization shall be used solely for the purposes set forth in Paragraph 1 above. No deviation from these provisions shall be made without the express 6 7 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 8 Organization. 9 10 4. Accountability. Financial records shall be maintained in accordance with generally 11 accepted accounting principles by Organization in such mal1l1er as to permit City to easily trace 12 the expenditure of the funds. All books and records of Organization are to be kept open for 13 14 inspection at any time during the business day by the City or its officers or agents. Failure to e 15 submit the financial records in accordance with this section will result in the Organization 16 17 18 19 20 21 22 reimbursing the City in the full amount received by Organization. At the conclusion of the program, Organization shall present the City Manager or his designee a written accounting of all expenditures and revenues connected with said event. Organization will further supply City with any and all receipts relating to accounting of expenditures if so requested by City. If Organization does not submit an accounting of expenditures and revenues which City deems appropriate, such failure will result in the Organization reimbursing the City in the full amount 23 received by Organization. 24 25 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold 2 e e e AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE OUNDA TION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND ROMOTION FUND. 1 2 3 fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt 4 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 5 made with the understanding that the City is not involved in the performance of services or other 6 activities of Organization. The costs, salary and expenses of the City Attorney and members of 7 8 9 10 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 6. Insurance. 11 While not restricting or limiting the foregoing, during the term of this 12 agreement, Organization shall maintain in effect policies of comprehensive public, general and 13 automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single 14 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 15 16 terminated or materially altered. 17 18 19 insured. Said coverage shall require ten (10) day written notice to the City if insurance is 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice 20 to Organization and this agreement shall terminate ten days after the mailing of such notice. In 21 the event this agreement is terminated for reasons of improper use of funds or use of funds for 22 any purpose other than those authorized, any unexpended portion of the funds provided by City 23 shall be returned to City. In addition, Organization shall reimburse to City any funds expended 24 which were used for any purpose other than those authorized under this agreement. 25 26 27 28 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 3 7 Sent by certified mail, postage prepaid, addressed as follows: 8 9 10 11 e e e 1 2 3 4 5 6 12 GREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE OUNDA TION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND ROMOTION FUND. ake the adherence to the obligations imposed by this agreement a binding obligation of the organization. 9. Notices. All notices herein required shall be in writing and delivered in person or As to City: As to Organization: City of San Bernardino Black Culture Foundation 300 North "D" Street P.O. Box 7288 San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Manager Attn: Margaret Hill, President 4 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e e 15 16 17 18 19 ATTEST: 20 By: City Clerk 21 22 Approved as to form: 23 24 James F. Penman City Attorney 25 26 By: 27 28 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC Ar-,'D PROMOTION Fur-..'D. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this agreement, and any such document or instrument, the terms and conditions of this agreement shall prevail. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO By. Patrick J. Morris, Mayor SAN BERNARDINO BLACK CULTURE FOUNDA nON By. Margaret Hill, President 5 SAN BER1"1ARDI:\'O REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) f"')( r.J V~ --r f+ me of OrganizatIOn n Bernardino Black Culture Foundation Address , Post Box 7288, San Bernardino CA 92411 PhonelFAX Contact Person PhonelF AX (909) 884-4173 (H) Thomas Gueston DesignatIOn of 50 I c (3) non-profit status of OrganizatIOn (Attached: Yes_ No-Y Date of Event Location EstImated No, of Attendees Purpose 0 Funding Funding 2007 Black History Month activities consisting of Miss Black San Bernardino Pa eant, crownin of Senior Kln & Queen Black Histo Parade and Ball. PROPOSED CURRENT BUDGET A. REVENUES: (List all anticipated revenues other than City of San Bernardino) A)'IOl'NT TOTAL Sponsorships ""n M"nno 1 M; ~,~- ~-_.. ~l' Tn"; nn()l aonn Arrowhead Credit Union ($2,000), Community Hospital ($2,000) , Anheuser Busch ($500) I Ilstrations 0 PromotIOns 0 DonatIOns ~RqO - In Kind Services (Other than City Services) Auto Dealers ($1,000) ?nnn Dr;""l-c \Toh;~lc I~~nn\ ,H~n I"SOO\ Total Dollar Amount Requested ofCitv 4500 A. TOTAL PROPOSED REVENUES 15390 tit lllST BE SL'BHITTED TO OT}" -lD~lI.\!STRATOR'S OFFICE 60 D-l rs PRIOR TO nEsT FOR WHICH FUSDISG IS REOI ESTED ,\0 EXCEPTlO\S. San Bernardino Black Culture Foundation :'>:A:\IE OF ORGA:\IZA TIO:\: tit REQUEST FOR CIVIC A:\D PRO!\lOTIO!\' FUNDING PROPOSED Cl'RRE:\T Bl'DGET (PART II) !B. EXPE:\DITlRES: (Include all known direct expenses connect with event) I EXPE:\SES A:\IOl::\'T TOTAL . PersonneL'Salanes I n I Pennlts 65 Ftre I 0 I Bus, Llc. I 0 , i ABC I 0 Other I 0 I Insurance I City of SB Anached (Ves X ;":0 ) 5000 I ! Park Damage Bond 0 Park Clean Cp Deposit Damage Bond 0 Security SBPD 0 Pnvate Secunty ! 400 I Other : n ! Adwr1tsmg i I i Radio I 0 I Newspaper I 0 I , Banners 300 , I Fivers 50 I Other (Vehicle Siqns) i 500 , I I I EntenammenI : \Iuslc i ?nn Sound System i ::>00 I Other I 0 I Promotional Items T roph'les 2000 I Plaques (Canbined with tronhiesl 0 T-Shlm 500 Other CPrintinq Brochures\ 1000 I SanItatlon 375 Ponable Restrooms I I I Soeclal Events 1M; "" Rl ",..1< "~n . 'n~ -\ lsnn Banquet Facilities 7000 Parade Black Culture Foundation Float) 500 Other (Senior King and Queen) 150 B, TOT At PROPOSED EXPE:\'DITl:RES 19890 I I ~mmarv: . ,A. Total Revenues s 15190 D, Total Amount Requested from Cit): B. Total Expenditures - $ 19890 S 4'100 Co Total Fee Waivers- (from Part III) $ ~ O)l ;\,AME OF ORGA;\,IZATIO;\': San Bernardino Black Culture Foundation REQl'EST FOR CIVIC ,.\;\,D PRO:\IOTIO'i FC'iDl'iG (PART Ill) e REQUST FOR FEE WAIVERS ILlS! all City serVl;;es for which you are requesting fee wa1\ers) C. Fee Wai"ers I Police Amount Secunty Traffic Control Fire Site Ins ectlOns Crowd Control FacIlities Sound S 'stem CiV1C Center Lse Permit e :.2 I I ! : For OUice l'se On Iv: , . I Depat1mental Costs In: Pol ice I i Public Works I I PrevIOus Year's Accounnng Reviewed: i , , I Fire Public Services De"elopment Sernces FacIlities Admm: F mance e _ 1_ _ 1 2 3 4 5 6 7 8 9 10 11 12 13 Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit 14 15 "A". The terms of the request are incorporated herein by reference and shall govern the uses of 16 the funds provided herein. The financial assistance provided for in this agreement is made on a 17 one-time basis, and receipt of said funds shall not imply a continuing obligation of the City 18 beyond the terms of this agreement. 19 20 21 22 23 2. Payment. 24 Upon presentation of a claim to the City Finance Director, City shall pay 25 to organization from the civic and promotion fund budget for the 2006/07 fiscal year, the total 26 sum of $4,500. 27 28 AGREEMENT Civic and Promotional This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and SAN BERNARDINO BLACK CULTURE FOUNDATION, INC., a non-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. A. Organization has requested financial assistance from City for the Fiscal year 2006/07, in order to assist in defraying the expenses connected with the conduct of events related to their 2007 Black History Week celebration, as outlined in their Request for B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their 2007 Black History Week celebration and Black History Parade scheduled for February 3, 2007. e e e GREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE 1 FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND PROMOTION FUND. 2 3 4 5 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph I above. No deviation from these provisions shall be made without the express 6 7 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 8 Organization. 9 4. Accountability. Financial records shall be maintained in accordance with generally the expenditure 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. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. At the conclusion of the 17 program, Organization shall present the City Manager or his designee a written accounting of all 18 19 20 21 expenditures and revenues connected with said event. Organization will further supply City with . any and all receipts relating to accounting of expenditures if so requested by City. If Organization does not submit an accounting of expenditures and revenues which City deems 22 appropriate, such failure will result in the Organization reimbursing the City in the full amount 23 received by Organization. 24 5. Hold Harmless. 25 26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers, 27 28 Organization covenants and agrees to defend, (if requested by City), indemnify, and hold attorneys, employees and agents from all liabilities and charges, expenses (including counsel 2 e I- e GREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE OUNDA TION FOR FINANCIAL 'ASSIST ANCE FROM FY 2006/07 CIVIC AND PROMOTION FUND. 1 2 3 fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt 4 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 5 made with the understanding that the City is not involved in the performance of services or other 6 7 activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for the purposes of this paragraph. 6. Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require ten (10) day written notice to the City if insurance is terminated or materially altered. 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and 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 25 which were used for any purpose other than those authorized under this agreement. 26 27 28 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 3 e 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 1 2 3 4 5 GREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE OUNDA TION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND ROMOTION FUND. ake the adherence to the obligations imposed by this agreement a binding obligation of the organization. 9. 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: 11/ 11/ /11 /11 /11 11/ /11 /11 /1/ As to Organization: City of San Bernardino Black Culture Foundation 300 North "0" Street P.O. Box 7288 San Bernardino, CA 92418 San Bernardino, CA 92411 Attn: City Manager Attn: Margaret Hill, President 4 e e e 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 7 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 8 of conflict between the terms, conditions or provisions of this agreement, and any such document 9 or instrument, the terms and conditions of this agreement shall prevail. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO By. Patrick J. Morris, Mayor SAN BEIU-IARDINO BLACK CULTURE FOUNDATION By. Margaret Hill, President A TrEST: By: City Clerk Approved as to form: James F. Penman City Attorney By: L 7-.~ () 5 - ::: '/-1+11'3/14 SAN BERJ"1ARDINO . REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) <<e of OrganizatIOn n Bernardino Black Culture Foundation Address Post Box 7288, San Bernardino CA 92411 Phone/FAX Contact Person Phone/F AX (909) 884-4173 (H) Thomas Gueston DesignatIOn of 50 1 c (3) non-profit status of OrganizatIOn (Attached: Yes - No-1 Date of E'"ent Location Estimated No" of Attendees o ,,,,,., ~ .~ '" """ Purpose of Funding Funding 2007 Black History Month activities =nsisting of Miss Black San Bernardino Paqeant, crowninq of Senior Klnq & Queen, Black History Parade and Ball. PROPOSED CURRENT BUDGET A. REVE:'il'ES: (List all anticipated revenues other than Citv of San Bernardino) A~IOL~T TOTAL Sponsorships C;:"n M"nno 1 Mi ~~i ~~ D__-" ~. T~-'" "~~ I ~~ ""'" "c"" Arrowhead Credit Union ($2,000), Community Hospital ($2,000), , Anheuser Busch ($500) I i I Registrations n , I PromotIOns 0 I Donations lRqn . In Kind Services (Other than City Services) Auto Dealers ($1 000) ")()nn Pr' .~~~ \lohi~lo 1<I:~nn\ M"~'~h "irm 1<I:~nn\ Total Dollar Amount Requested of City 4500 . A. TOTAL PROPOSED REVENUES 15390 e - HiST BE SCBHITTED TO ClTL4D lll.\ISTRA TOR'S OFFICE 60 D-f rs PRIOR TO E~E"lT FOR wHICJI FC\DI-"G IS REOI ESTED \0 EYCEPTlO\S. :\'A:\IE OF ORGA:\'IZATlO:\': San Bernardino Black Culture Foundation e REQUEST FOR clnc A:"D PRO:\IOTlO~ FlINDlNG PROPOSED Cl"RRE:\T Bl'DGET (PART II) 18. EXPE:\'D1Tl"RES: (Include all known direct expenses connect wilh event) EXPE:\'SES AMOl::\T TOTAL Personnel. Salaries n Pennlts I 65 Fire 0 Bus. Llc. I 0 , .-\BC I 0 Other 0 Insurance City of SB Anached (Yes x ~o ) i 5000 I Park Damage Bond I 0 Park Clean Up Deposl! Damage Bond I 0 Secunty : SB.P.D I 0 Private Secunry ! 400 Other I n .-\dvertlsmg , I RadIO i 0 ! ~ "ewspaper i 0 , I Banners . , 300 I I Fivers I 50 I I Other (Vehicle Siems) i 500 I I Entertammenl i \IUS1C , I I ?nn I Sound System I :mn i Other I 0 I Promotional/tems I Trophies 2000 Plaques (Combined with trodJiesl 0 T-ShIrts 500 Other (Printinq Brochures l 1000 Samtanon 375 Ponabie Restrooms ec tal Events Ban uet Facilities Parade Black Culture Foundation Float) Other (Senior King and Queen) B. TOTAL PROPOSED EXPE:'iDlTliRES 7000 500 150 19890 ~mmarv: . A. Total Revenues s 15390 D. Total Amount Requested from Cit: B. Total Expenditures - $ 19890 S 4'i00 C. Toral Fee Waivers - $ (from Part III) :'iA:\IE OF ORGA:\'IZATlO:\': San Bernardino Black Culture Foundation REQUST FOR CI\'IC A:'iD PRO:\IOTIO:'i H':'iDI:'iG (PART III) e REQUST FOR FEE WAIVERS (List all Cll)' services for \\'hlch you ar~ requ~stlng f~e \\'alvers) e C. Fee Waivers ,Amount Pollc~ /~ . qj_j( I S~cunty Tranic Control I Flr~ Site In~ectlOns L Cro\\'d Control I Facdllles Sound Svst~m Ci\Jc Center es~ Permll Public Services I i/' / ." Refuse BinS ! ! Str~et S\\'e~n2 i ; ~,,' /' Dev~lopment Semces I .... -. " Plannln2 Tep Buddlno Other (Explain) re fund of Insurance payment i ~'-.t Total Amount of Fee Waivers (In-Kind Services) I ~ ')1 - .r; I .' . .=^ I i For Office l'se Onl\': I .. I Departmental Costs In: PolIce Fire i Public \\iorks Development Servic~s i PrevIOus Year's Accounting Revle\\ed, ,Admin: I i , PubliC Services FacIlities Finance e