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HomeMy WebLinkAbout14-City Attorney CITY OF SAN B~RDINO - REQUESC.,R COUNCIL ACTION Synopsis of Previous Council action: Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLANb EMPIRE HISPANIC CHAMBER OF COMMERCE RELATIN TO FIN&~CIAL ASSISTANCE FROM THE \"';.LV.L~ Al.'iU !".t(UJ.YlU'!'J.UN !"UNU .t"U.H. !".L::;L:AL YEAR 1991-92, AND REPEALING NO.92-l4 From: JAMES F. PENMAN Dept: 'CITY ATTORNEY Date: APRIL 28, 1992 Adopted Resolution 92-142 on April 20, 1992. Recommended motion: Waive further reading and adopt resolution. ~) . Signature Contact person: Dennis A. Barlow Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. Descriotionl Finance: Council Notes: Agenda Item No /i.f 75.0262 CITY OF SAN B~RDINO - REQUE~R COUNCIL ACTION STAFF REPORT Resolution No. 92-142 and its attached Agreement with the Hispanic Chamber of Commerce, were approved by the Mayor and Common Council at the meeting of Monday, April 20, 1992. Apparently in the rush of getting this Resolution before the Council in time for the Cinco de Mayo celebration the Resolution and the Agreement were not presented to the City Attorney for review. upon subsequent review the City Attorney noted that the Agreement did not contain the now standard nondiscrimination language. It is recommended that this revised Agreement be approved with such language to replace the previously approved Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991- 92, AND REPEALING RESOLUTION NO. 92-142. NOW, THEREFORE, 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 the Inland Empire Hispanic Chamber of Commerce, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. Resolution No. 92-142 is hereby repealed. 23 24 25 26 27 28 III III III III III III III III III III III DAB/.../Cinco.rea 1 April 24. 1992 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 ~ ~ RESOLUTION. . .AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE. . .AND REPEALING RESOLUTION NO. 92-142. 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 , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk of The foregoing resolution is hereby approved this , 1992. day W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ') /;..' :: DAB/ae./Cinco.reB 2 April 24. 1992 ~ c~ 1 Agreement 2 Civic and Promotional 3 THI:S AGREEMENT is entered into as of this day 4 of , 1992, by and between the CITY OF SAN BERNARDINO 5 (the "City") and the INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, 6 a non-profit organization (the "organization"). 7 The parties agree to as follows: 8 1. Recitals. 9 A. Organization has requested financial assistance 10 from City for the fiscal year 1991-92, in order to assist in 11 defraying the expense of certain events or activities sponsored by 12 Organization as outlined in their letter to the City dated April 13 2, 1992 and the memorandum from the Director .of Parks, Recreation 14 and Community Services, also dated April 2, 1992, copies of which 15 are attached marked Exhibit "An and "B". The terms of the request 16 are incorporated herein by reference and shall govern the uses of 17 the funds provided herein. The financial assistance provided for 18 in this Agreement is made on a one-time basis, and receipt of said 19 funds shall not imply a continuing obligation of the City beyond 20 the terms of this Agreement. 21 B. The expenditure is for a valid municipal public 22 purpose, to wit: for the promotion of the Hispanic Community's 23 celebration of Cinco de Mayo. 24 2. Payment. Upon presentation of a claim to the City 25 Finance Director, City shall pay to Organization from the budget 26 for the 1991-92 fiscal year, the total sum of five thousand 27 dollars ($5,000.00) to cover the costs per the request by the 28 Organization. DAB/ses/Cinco,agr 1 April 24. 1992 ;L....cc -.;;.. - ~ ~ 1 3. Use of Funds. The funds paid to Organization shall be 2 used solely for the purposes set forth in Paragraph 1 and in 3 strict compliance with the provisions set forth in the letter and 4 memorandum stated above. No deviation from these provisions shall 5 be made without the express approval of the City of San 6 Bernardino. Any unexpended funds shall be returned to the City by 7 Organization. 8 4. Accounting. Organization shall provide an accounting 9 of all expenditure of revenues accruing to the Organization for 10 the fiscal year ending June 30, 1992. Financial records shall be 11 maintained in accordance with generally accepted accounting 12 principles by Organization in such a manner as to permit City to 13 easily trace the expenditures of the funds. All books and records 14 of Organization are to be kept open for inspection at any time 15 during the business day by the City or its officers or agents. 16 5. Hold Harmless. Organization covenants and agrees to 17 defend, indemnify, and hold harmless the City and its employees 18 and agents from all liabilities and charges, expenses (including 19 counsel fees) , sui ts, or losses however occurring, or damages 20 arising or growing out of the use or receipt of the funds paid 21 hereunder and all operations under this Agreement. Payments 22 hereunder are made with the understanding that the City is not 23 involved in the performance of services or other activities of 24 Organization. Organization and its employees and agents are 25 independent contractors and are not employees or agents of the 26 City in performing said services. 27 III 28 III DAB/aea/Cinco.agr 2 April 24. 1992 1m'",'f'1W~ N ~ c~ 1 6. Termination. City shall have the right to terminate 2 this Agreement and any funding remaining unpaid hereunder for any 3 reason by mailing a ten-day written notice to Organization and 4 this Agreement shall terminate ten days after the mailing of such 5 notice. In the event this Agreement is terminated for reasons of 6 improper use of funds or use of funds for any purpose other than 7 those authorized, any unexpended portion of the funds provided by 8 City shall be returned to City. In addition, Organization shall 9 reimburse to City any funds expended which were used for any 10 purpose other than those authorized under this Agreement. 11 7. Insurance. Organization shall take out and maintain 12 during the life of this Agreement such public liability and 13 property damage insurance as shall insure City, its elective and 14 appointive boards, commissions, officers, agents and employees, 15 permi ttee and its agents performing acts covered by this Agreement 16 from claims for damages for personal injury, including death, as 17 well as from claims for property damage which may arise from 18 Organization's or its agents' operations hereunder, whether such 19 operations be by Organization or its agents or by anyone directly 20 or indirectly employed by either Organization or its agents, and 21 the amount of such insurance shall be as follows: 22 a. Public Liability Insurance. In an amount not less 23 than $100,000 for injuries including, but not limited to, death to 24 anyone person, and subject to the same limit for each person, in 25 an amount not less than $100,000 on account of anyone occurrence; 26 b. property Damage Insurance. In an amount of not 27 less than $50,000 for damage to the property of each person on 28 account of any once occurrence. DAB/aes/Cinco.agr 3 April 24. 1992 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 - ~ ~ City shall be set forth as additional named insured in each policy of insurance provided hereunder. 9. Organization hereby covenants 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. Nondiscrimination. Organization agrees that for the term of this Agreement it shall not discriminate irt employment, recruitment, hiring, admission practices, advertising, or in any other manner on the basis of race, color, creed, religion, national origin, sex, physical handicap, or marital status. 11. 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: Inland Empire Hispanic Chamber of Commerce P.O. Box 7300 San Bernardino, CA 92411 City of San Bernardino 300 North liD" Street San Bernardino, CA 92418 12. 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. III III III DAB/aea/Cinco.agr 4 April 24. 1992 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 - 4IJ ~. CJ AGREEMENT RE: INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE FOR PROMOTIONAL FUNDING. ATTEST: CITY OF SAN BERNARDNIO By: W.R. HOLCOMB, Mayor City of San Bernardino RACHEL KRASNEY City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE ~ o~~1 /1 ?- J&>~ President DAB/.e./Cinco.agr 5 AprU 24. 1992