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CITY OF SAN BERN()IDINO - REQUEST OR COUNCIL ACTION
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From: PEGGY DUCEY
Assistant to City Administrator
Subject: Resolution authorizing agreement
with Inland Empire Hispanic
Chamber of Commerce for Civic
and Promotional funding for FY 92/93
Oept:
Date: September 3, 1992
Synopsis of Previous Council action:
9/3/91 -- Resolution No. 91-382 approved authorizing agreement with
Inland Empire Hispanic Chamber of Commerce for $5,000
in Civic and Promotional funding for FY 91/92.
9/02/92 -- Recommended for approval by Ways and Means Committee.
Recommended motion:
Adopt resolution.
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Signaturu'
Contact person:
PPlJlJY nll(",PY
Phone:
5122
Supporting data attached:
yes
Ward:
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FUNDING REQUIREMENTS:
Amount: $3,000
Source: (Acct. No.)
001-091-53608
(Acct, DescriPtion) Civic and promotional Fund
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Council Notes:
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CITY OF SAN BERN()IDINO - REQUEST FC)I COUNCIL ACTION
STAFF REPORT
On September 2, 1992, the Ways and Means committee approved the
request by the Inland Empire Hispanic Chamber of Commerce for a
total of $3,000 to promote the following programs:
1. $2,000 toward the 16th of September Fiesta1
2. $1,000 toward Convention support.
Ways and Means stipulated that an overall budget for the Fiesta be
submitted to the Council prior to the approval of the funding. The
Chamber has also requested a waiver of City fees, which is
presented as a separate agenda item. Total cost for the waiver of
fees is $3,750.
Funding for the request would come from the
Fund. FY 1992/93 has $105,000 budgeted.
awarded for this fiscal year.
civic and Promotional
No grants have been
75-0264
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CITY OF SAN BERNARDINO -("\c AND PROMOTION FUND
REQUEST FOR FU~NG ASSISTANCE
1. Organization (Name, Address, etc.) Date Submitted lI.l1gl1C::+- :lS, l~~J
Inlana BRfliFe llisr;anie: ~of O:moc........e 2. Contact Person Jerry Esparza
444 IL.... U. 1u.....vwl........J A"C..t....., Titte ?rP~; rlPnt-
SUite 101 &:ul ~1k1LdillU, a. ~l401 Phone (71 I) 888 2188
,
3, Phone - (714) 886 2188 4, Period of Support Requested or Date of Event
Number oj Years in Existence J6 uot::~ll:!ll~ 5, I~'ll Lu........~ S, 1~~2
5. Taxpayer Identification Number "''''_*',4':;Q1.47
6, ActiVity lor which funding is requested: 3 A....:llv!llt:::> <2::> fullvw;:l.
$2,000.00 toward the 'IPuebla Ayer, Hey Y Siempre" Art Display.
$2.000 00 t.n..r.trrl 16t.h of ~r Fiesta. miscellaneous SUnrY"lr+.
$1,000.00 toward Convention support.
7, Estimated numberof persons expected to attend this programlproject 71; . ~nn
8, Proposed Budget: Budg. ....... "- ....... Budg. "'~I
Personnel: 016 Facility Rental 023 Trophies
017 Insurance 024 Scholarships
01 Fulltime Salaries 018 Decorations 025 Celebrity Expenses
02 Parttime Salaries 019 Utilities: Accommodations 1 An
03 Overtime Gas lodging
-
04 Electrical ~~vel
- Exp
05 Phone
- 026 Miscellaneous Expenses:
Other i"lnvention Reel.
Expel"lses:
Sub-Total Fees 300
010 Office Supplies 020 Special Equipment
011 Postage
012 Printing r.J\. ~Y:SU::1lI1 I,:::
013 EqUipment Renta1 ,......... ~c.aw 1teIlcaJ. uw
014 Security 021 Advertising
015 Foodl 022 Promotion
Retreshments -+- Expenses GRAND TOTAl5nnn
,
9, List Anticipated Funding/Revenue (Sources other than City)
Sourca Amount
.~.fle.li5ex Elish. Enc. ~,vOv
r~t-e- 1"";+-)' :Bo"o""""~ , nnn
TOTAL
( 10 Anticipated revenue from activity
1. 999
)
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11. Total Amount Requested from City: Sent to Ways & Means Date:
A, Total Proposed Budget Amount ,,999 Action:
B, 1...Ji>>: Other Funding Sources Sent to Mayor & Council Date:
C, Total Amount Requested from City 5,999 Action:
12. Describe any additional assistance being requested from the city: (Personnel. equipment, park area, Estimated Costs
building, etc.) (To be completed by City)
A, 20 Picnic Tables. 20 extra Trash cans, Police Protection,
use sf p?-r), irQiI. iII...A ",,11 ~C>.JO."'" ;:1M Q'ICp""n_c:! t-n hP waiVf:lrl
B,
C,
13.Signatureof~ant: ~ >> Date:
August 28, 1992
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NOTE: Please be prepared to submit an audit of your financial activities, In the event such Information Is deemed necessary. --;
Attach sketch and other supporting information, If appropriate.
D',STRIBUTION: WHITE - CITY .t.Dl.lINISTR"TOR GAEEN _ FINANCE CANARY -APPlICANT OTHER OEPTS
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER
3 OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND
PROMOTION FUND FOR FISCAL YEAR 1992-93.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with the Inland Empire Hispanic Chamber of Commerce, a
9 copy of which is attached hereto, marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth at
11 length.
12 SECTION 2. The authorization to execute the above referenced
13 agreement is rescinded if the parties to the agreement fail to
14 execute it within sixty (60) days of the passage of this
15 resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the city of San
18 Bernardino at a
19 of
20 councilmembers
21 ESTRADA
22 REILLY
23 HERNANDEZ
24 MAUDSLEY
25 MINOR
26 POPE-LUDLAM
27 MILLER
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meeting thereof, held on the
day
, 1992 , by the following vote, to wit:
ABSENT
AYES
NAYS
ABSTAIN
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1 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE FOR FINANCIAL ASSISTANCE.
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City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
W. R. Holcomb, Mayor
10 City of San Bernardino
11 Approved as to form
and legal content:
12
JAMES F. PENMAN
13 city Attorney
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15 By: , 'I ~""L
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A G R E E MEN T
civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, a non-prOfit
organization, referred to as "organization."
The parties agree as follows:
1. Recitals.
A. Organization has requested financial assistance from
city for the fiscal year 1992-93, in order to assist in defraying
the expense of certain events or activities sponsored by
Organization as set forth in Organization's Request for Funding
Proposal (hereinafter "the proposal") recommended for approval by
the Ways and Means Committee of the City, a copy of which proposal
is on file in the Office of the City Administrator. The terms of
the proposal are 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 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 the Hispanic Community's
celebration of the 16th of September as more fully set forth in the
proposal submitted by Organization.
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2. Pavment. Upon presentation of a claim to the City
Finance Director, City shall pay to Organization from the budget
for the 1992-93 fiscal year, the total sum of three thousand
dollars ($3,000.00) dollars to cover the costs per the Request for
Funding application agreement.
3. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Paragraph 1 and in strict
compliance with the provisions set forth in the proposal. No
deviation from the proposal shall be made without the express
approval of the City of San Bernardino. Said funds shall be
expended by June 30, 1993 and any unexpended funds shall be
returned to the city by Organization.
4. Accountinq. Organization shall provide the information
listed under the Actual Column on the Request for Funding form
within 60 days of the event or program completion and forward
completed form to the city Administrator Office for review by the
Ways and Means Committee. At such time or times as may be
requested by the City Administrator or Director of Finance of City,
Organization shall submit to the City Administrator, with a copy to
the Director of Finance, an accounting of the actual expenditures
of all revenues accruing to the organization for the fiscal year
ending June 30, 1993. 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
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day by the City or its officers or agents.
5. Hold Harmless. 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
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
agreement and any funding remaining unpaid hereunder 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. 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 the agreement without the prior written approval of city.
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1 8. Insurance. Organization shall take out and maintain
2 during the life of this agreement such public liability and
3 property damage insurance as shall insure City, its elective and
4 appointive boards, commissions, officers, agents and employees,
5 permittee and its agents performing acts covered by this agreement
6 from claims for damages for personal injury, including death, as
7 well as from claims for property damage which may arise from
8 Organization's or its agents' operations hereunder, whether such
9 operations be by Organization or its agents or by anyone directly
10 or indirectly employed by either Organization or its agents, and
11 the amount of such insurance shall be as follows:
12 a. Public Liability Insurance. In an amount not less than
13 $100,000 for injuries including, but not limited to, death to any
14 one person, and subject to the same limit for each person, in an
15 amount not less than $100,000 on account of anyone occurrence1
16 b. Property Damage Insurance. In an amount of not less than
17 $50,000 for damage to the property of each person on account of any
18 one occurrence. City shall be set forth as an additional named
19 insured in each policy of insurance provided hereunder.
20 9. Organization hereby covenants that it has taken all
21 actions necessary to make the adherence to the obligations imposed
22 by this agreement a binding obligation of the organization.
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1 AGREEMENT WITH THE HISPANIC CHAMBER OF COMMERCE FOR FINANCIAL
ASSISTANCE.
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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 of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Inland Empire Hispanic
Chamber of Commerce
P. O. Box 7300
San Bernardino, CA 92411
9 11. Entire Aqreement. This agreement and any documents or
10 instruments attached hereto or referred to herein integrate all
11 terms and conditions mentioned herein or incidental hereto, and
12 supersede all negotiations and prior writing in respect to the
13 subject matter hereof. In the event of conflict between the terms,
14 conditions or provisions of this agreement, and any such document
15 or instrument, the terms and conditions of this agreement shall
CITY OF SAN BERNARDINO, a
Municipal corporation of
State of California
W. R. Holcomb, Mayor
City of San Bernardino
INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE
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By:
President
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