HomeMy WebLinkAbout17-City Manager (2)
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mark Weinberg
Interim City Manager
Subject: Request for civic & promotion
funding & waiver of fees for the
Black History Parade to be held
February 7,2009
Dept:
Date: January 12, 2009
M/CC Meeting Date: 2/02/09
Synopsis of Previous Council Action:
1/22/08 Approved by Mayor and Common Council
Recommended Motion:
1. Adopt resolution; and
2. Authorize direct funding in the amount of $4,500 and indirect funding in the
amount of $21,331 be transferred from the 2008-09 civic and promotion fund to
various City departmental accounts as listed in the att ched Staff Report; and
authorize a waiver of fees and use of City personne equipment to assist
with the 2009 Black History Parade scheduled for a 7,2009.
Signature
Contact person: ~A"rk IN..inh..ro
phnnp' '11 ??
Supporting data attached:
yes
Ward: 1
FUNDING REQUIREMENTS: Amount: $4,500 direct; $21,331 indirect
Source: (AccL No.) 001-091-5186
(A~r.t np~r.rirtinn) r.i\lir. R., rrnmntinn
Council Notes:
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Finance:
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STAFF REPORT
Subiect:
Request for civic and promotion funding for the 2009 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 7,2009. 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 $21,331.
There is no impact on the General Fund for this request as funding in the amount of
$21,331 will be transferred from the civic and promotion fund (which is funded by
cultural development fees, a non-General Fund source) 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. There is an approximate $900
increase in indirect funding due to increased personnel costs.
Per the agreement, the organization submitted an accounting including receipts for the
2008 event which has been reviewed and accepted by the City Manager's Office.
Departmental Accounts
Amount
Police
Parks & Recreation
Public Services
Development Services
$ 17,601 security/vehicles
$ 2,628 labor/equipment
$ 250 street sweeping
$ 852 barricades/signs
placement/removal
Total
$ 21,331
Non waivable fees and refnndable 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 $21 ,331 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 08-09
civic and promotion fund which indicates the availability offunding.
Recommendation:
Adopt resolution; and
Authorize direct funding in the amount of $4,500 and indirect funding in the amount of
$21,331 be transferred from the 2008-09 civic and promotion fund to various City
departmental accounts as listed in the attached Staff Report; and authorize a waiver of
fees and use of City personnel and equipment to assist with the 2009 Black History
Parade scheduled for February 7, 2009.
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San
Bernardino
BLACK
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CULTURE
FOUNDATION
EXECUTl~OMMITTEE
Frank Washington, III
President
Joann Roberts
1st Vice President
Taylor Avery
2nd Vice Presiaent
Charles Burris
Treasurer
Genevieve G. Echols
Secretary
ADVISORS
W. Robert Fawke
Mary Fawke
Thomas J. Gueston
Margaret B. Hill
Ida N. Roberson
Juanita H. Scott, Ph.D.
Joseph Smith Jr.
Syble M. Tompkins
CORPORA TE SPONSORS
SAN\ilMANUEL
BAND OF . MISSION INDIANS
SPONSORS
Arrowhead Credit Union
Community Hospital
of San Bernardino
San Bernardino City
Unified School Distnct
Edison International
The Gas Company
San Bernardino
Black Culture Foundation
P. O. Box 7288
San Bernardino, CA 92411-0288
November 7, 2008
Mayor and Common Council
City of San Bernardino
300 North 0 Street
San Bernardino, Ca. 92418
Re: 2009 Black History Parade
The 4dh Annual Black History Parade will be held at 1 O:OOa.m., Saturday,
February 07, 2009. The parade is to start at Eight 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 other activities, as ref/ected in the attached budget.
Request a waiver of fees and support services, closing of streets, and barricades
along the parade route. Additionally, we request the loan and delivery of the
following:
a. one large stage to be placed in front of the Carousel Mall along with forty
chairs which will be used to seat our special guest.
b. Red, white and blue bunting to decorate the stage.
c. 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 Certificate of Insurance is attached. Should you require additional information,
please contact Mr. Thomas Gueston at (909) 884-4173.
Thank you for considering our request and we hope to hear from you soon.
Sinr;ere.IY, jf /let"
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Frank Washington III, resident
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SAN BERNARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
Name of Organization
"~n : ~~ nl ~~l, l<'~nnrbtion
Address
P. O. Box 7288, San Bernardino CA 92411
Contact Person Phone Fax
Thomas Gueston (909) 884-4173
Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes ~ No -
Date of Event Location Estimated No. of Attendees
February 7, 2009 Eighth and E streets 8,000
Purpose of Funding 2009 Black History Month activities consisting of Miss Black San
Bernardino Pageant, crowning of Senior King and Queen, Annual Parade, Black History Ball,
and Gospel Program.
PROPOSED CURRENT BUDGET
A. REVENUES: (List all anticipated revenues other than City of San Bernardino)
AMOUNT TOTAL
SponsorshiDs San Manuel Band of Mission Indians ($5,000), 10 500
Arrowhead Credit TJnion ($3 000) Southern Calif Gas
Comoanv ($1. 500). Southern Calif Edison ($1,000)
Reaistrations 0
Promotions, concessions, souvenirs, proqram sales 0
Donations 4 090
In Kind Services IOther than City Services) Auto Dealers 2,000
T~~nQrl UQh'~'=~ '~1 n')llI M"t-irh r~rn 1<1;'>00\
Private Vehicles owners ($500)
Total Dollar Amount Reauested of Citv A ,,,,n
A. TOTAL PROPOSED REVENUES 16 590
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
MUST BE SUBMITTED TO CITY MANAGER'S OFFICE 60 DA YS PRIOR TO EVENT FOR WHICH FUNDING IS REOUESTED. NO EXCEPTIONS.
NAME OF ORGANIZATION: C:;::m 'Rorn:::arrlinn Rl;::a,...lr r'"lhn-o J<'nllrV~::lO+-;rm
B. EXPENDITURES: (Include all known direct expenses connected with event)
EXPENSES AMOUNT TOTAL
Personnel/Salaries 0
Permits ,,~
Fire 0
Business License ("I
ABC 0
Other 0
Insurance
Citv of San Bernardino (attached Yes x No ) 4800
Park Damaae Bond 0
Park Clean Uo Deoosit/Damaqe Bond ("I
Securitv
S.B.P.o. 0
Private Securitv 400
Other ("~,,~H-,, \ 1 ~("I("I
Advertisinq 0
Radio 0
Newsoaper 0
Banners 300
Fivers 25
Other 400
Entertainment
Music ')("1("1
Sound Svstem 200
Other 0
Promotional Items
Trophies ..H-h Dl~~,=~\ ~("I("I("I
Ribbons and/or Plaques 0
T-Shirts 500
Other , .-'l "("1("1
Sanitation
Portable Restrooms - Public Services 450
Special Events (Mi~~ "l~~" ~rm "~~m~-'lin'" D . 1500
Banquets Facilities 7000
Parade (Black culture Foundation Float) 500
Other - Parks, Recreation (Senior Kina & ()Ileen) 150
B. TOTAL PROPOSED EXPENDITURES .. (SEE ATTACHED) 21090
Summary:
A. Total Revenues
B. Total Expenditures
C. Total Fee Waivers-
(from Part III)
"
$ /b .5>)
$ 2 /.9 ?/}
$ ~;; 13/
D. Total Am0t Re,q,uested
$ CJ7)() J)/rtX'_ .
r II /1/ u.' N?-
REQUEST FOR CIVIC AND PROMOTION FUNDING
REQUEST FOR FEE WAIVERS (PART III)
NAME OF ORGANIZATION: San Bernardino Black Culture Foundation
(List all City services for which you are requesting fee waivers)
C. Fee Waivers
AMOUNT
Police
Security /~I /~;f) /
Traffic Control ,
Other
Fire
Site Insoections
Crowd Control
Facilities
Sound System
Civic Center Use Permit
Public Services
Refuse Bins
Street Sweepinq J5D
Development Services I:J) / Ole" /) r::. !:oId 1'/ '.,; Q~~ )
Plannina TUP
Buildina
Other (Explain)
f-J /ir i'- r . "e i//);' ) /;2'2
Total Amount of Fee Waivers (In-Kind Services) ;2/ --331
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
F aGilities
Previous Year's Accounting Reviewed: Admin:
Finance
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~ ECHOLS INSURANCE AGENCY
~ 219 S ORANGE AVENUE
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~ RIALTO, CA. 92376
,) (909) 874-3763
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SAN BERNARDINO
PO BOX 7288
SAN BERNARDINO,
i COf.1Pr,,1'1
BLACK CULTURE FOUNDATIONl'Hrm
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! DESCR!PTION OF OPERATIONS/LOCATIONS/VEHICLES
:ANNUAL BEAUTY PAGEANT TO BE HELD AT STURGES AUDITORIUM ONJANUARY 25 & 26, 2008;
BLACK HISTORY PARADE AND EXPO TO BE HELD ON FEBRUARY 2, 2008(DOWN E ST TO COURT'd
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BALL TO HELD AT SAN BERNARDINO HILTON ON FEBRUARY 2, 2008. ~.
CARRIER TO ISSUE ENDORSEMENT NAMING CERTIFICATE HOLDER AS ADDITIONAL INSURED AS~
IHIUR U1.~t:REST~~'KAR . ." '.' . ~ " ~::---:------ilif;
C~nce!latlQil: Should any or the above descnbed poliCies oe cancelled berore the expiration \.Ehe me12oJ, tlit: J::,.;:,ulng cum- f~_c
pany 1Nill endeavc'. to mail __ days written notice to the belO\v named certificate holder, but -rai!u(e Ie)
moil such notice shall impose no obligation or liability of any kind upon the company.
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~'NC.IT~AD~R~S~~E~TlFI~A~;;~L~';DINO _ RISK MGMNT
ITY OF SAN BERNARDINO E.D.A. AND
TURGES CENTE~ OF THE FINE ARTS
300 N "D" ST
SAN BERNARDINO, CA. 92410
I.
DATE ISSUED
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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 ofthis
agreement. Licensee/Permittee shall investigate, handle, respond to, provide defense for
and defend any such claims, demand, or suit at the sole expense of the Licensee/
Permittee. LicenseelPermittee 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 create 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.
Dated
San Bernardino Black Culture Foundation
/ -, /
Licensee/Permittee ~I/~ 2!f;.d/!",: l"l. '?If
By Frank Washinqton III /'. . i
Title Prpc,; r1pnt- .
November 7, 2008
(Attach a certified copy of documentation, which will authorize Applicant to contract on
behalf of corporation/business.)
OFFICE OF THE CITY CLERK
RACHEL G. CLARK - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
'"
February 3, 2009
Mr. Frank Washington III, President
San Bernardino Black Culture Foundation
P. O. Box 7288
San Bernardino, CA 92411-0288
Dear Mr. Washington:
At the Council meeting held on February 2, 2009, the following action was taken relative to
your request for a waiver of fees:
That said resolution be adopted (Res. 2009-22); and that the Mayor and Common
Council authorize direct funding in the amount of $4,500 and indirect funding in the
amount of $21,331 be transferred from the 2008/09 Civic and Promotion fund to
various City departmental accounts as listed in the staff report dated January 12,
2009, from Interim City Manager, Mark Weinberg; and authorize a waiver of fees
and use of City personnel and equipment to assist with the 2009 Black History Parade
scheduled for February 7, 2009.
If you have any questions relative to the waiver of fees, please contact Interim City Manager
Mark Weinberg at (909) 384-5122.
Sincerely,
Q..dtd h. ~
Rachel G. Clark
City Clerk
RGC:lls
cc: Development Services - Traffic Engineering Section
Parks, Recreation & Community Services
Police Department
Public Services Department
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL
ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2008-09.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager 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 2008/09
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
of this resolution.
III
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III
III
iii
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:). - ;l -fA
Mlj
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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 ASSISTA,l\lCE FROM THE CIVIC AND
PROMOTION FUND FOR FY 2008-09.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
meeting
Mayor and Common Council of the City of San Bernardino at a
thereof, held on the
Council Members:
ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
JOHNSON
MCCAMMACK
day of
,2009, by the following vote to-wit:
AYES
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this
day of
2009.
Approved as to form:
JAMES F. PENMAN,
City Attorney
Patrick J. Morris, Mayor
City of San Bernardino
2
AGREEMENT
Civic and Promotional
Exhibit "A"
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
2
3. Use of Funds.
3
4
The funds paid to Organization shall be used solely for the purposes set forth in
5 Paragraph I above. No deviation from these provisions shall be made without the express
6 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by
7 Organization.
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9
4.
Accountability.
Financial records shall be maintained in accordance with generally
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11 accepted accounting principles by Organization in such manner 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 inspection at any time during the business day by the City or its officers or agents. Failure to
14 submit the financial records in accordance with this section will result in the Organization
15
reimbursing the City in the full amount received by Organization. At the conclusion of the
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17
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
18
19 any and all receipts relating to accounting of expenditures if so requested by City. If
20 Organization does not submit an accounting of expenditures and revenues which City deems
21 appropriate, such failure will result in the Organization reimbursing the City in the full amount
22 received by Organization.
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5.
Hold Harmless.
Organization covenants and agrees to defend, (if requested by City), indemnify, and hold
26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers,
27 attorneys, employees and agents from all liabilities and charges, expenses (including counsel
28
7
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC A}..'D
1 PROMOTION FUND.
fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt
2
of the funds paid hereunder and all operations under this Agreement. Payments hereunder are
3
4
made with the understanding that the City is not involved in the performance of services or other
5 activities of Organization. The costs, salary and expenses of the City Attorney and members of
6 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
7
for the purposes of this paragraph.
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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
12 automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single
13 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally
14 insured. Said coverage shall require ten (10) day written notice to the City if insurance is
15
terminated or materially altered. Evidence of required insurance shall be provided to the City
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Manager's Office prior to the date of the event.
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
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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 purpose other than those authorized under this agreement.
8. Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
o
o
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AJ-lD
1 PROMOTION FUND.
make the adherence to the obligations imposed by this agreement a binding obligation of the
2
organization.
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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 Organization:
Black Culture Foundation
P.O. Box 7288
San Bernardino, CA 92411
Altn: Frank Washington III, President
4
AGREEMENT BETWEEN CITY OF SAN BER.NARDINO .MID BLACK Cl..JLTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
2
10.
Entire Agreement.
3
4
5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
This agreement and any documents or instruments attached hereto or
6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
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8
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.
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ln witness whereof, the parties hereto have executed this agreement on the day and date
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11 first above shown.
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18 ATTEST:
19 By:
20 City Clerk
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22 <\pproved as to form:
23
ames F. Penman
24 City Attorney
25 y:
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CITY OF SAN BERNARDINO
By.
Mark Weinberg, Interim City Manager
SAN BERNARDINO BLACK CULTURE FOUNDATION
By.
Frank Washington III, President
5
C)C.J+16Ii ':4 k
SAN BERNARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
Name of Organization
C::"n 1:(0 ;~~ 1'<1 ",..,k "',1+-,,~~ inn
Address
P. O. ljox 7288, San Bernardino CA 92411
Contact Person Phone Fax
Thomas Gueston (909) 884-4173
Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes ~ No
-
Date of Event Location Estimated No. of Attendees
Februarv 7, 2009 Bighth and E Streets 8,000
Purpose of Funding 2009 Black History Month activities consisting of Miss Black San
Bernardino Pageant, crowning of Senior King and Queen, /l.nnual Parade, Black History Ball,
and GOspel Program.
PROPOSED CURRENT BUDGET
A. REVENUES: (List all anticipated revenues other than City of San Bernardino)
AMOUNT TOTAL
Sponsorships San Manuel Band of Mission Indians ($5,000), 10.500 .
/l.rrowhead Credit Union 1$3 000) Southern Calif Gas
ComDanv ($1 500) Southern Calif Bdison ($1,000)
Reqistrations 0
Promotions, concessions, souvenirs, oroqram sales 0
Donations 4 090
In Kind Services IOther than Citv Services) "uto Dealers 2,000
T.n"no,-1 \Toh;,..,lo~ 1~1 nnn\ M"f-ich ,..,~~ r~500)
Private Vehicles Owners ($500)
Total Dollar Amount Requested of Citv , """
A. TOTAL PROPOSED REVENUES 16 590
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
MUST BE SUBMrTTED TO CiTY MANAGER'S OFFICE 60 DAYS PRIOR TO EVENT FOR WHICH FUNDING IS REQUESTED, NO EXCEPTIONS.
NAME OF ORGANIZATION: ~~n 'Qorn~r,.,inr'\ 'Rl::.,.....lr ("'111+-,,-,-0 l<'r'll1nn::lt--i,...,n
B. EXPENDITURES: (Include all known direct expenses connected with event)
EXPENSES AMOUNT TOTAL
Personnel/Salaries 0
Permits he;
Fire 0
Business License n
ABC 0
Other 0
Insurance
City of San Bernardino (attached Yes x No ) 4800
Park Damaqe Bond 0
Park Clean Up Deposit/Damaae Bond n
Securitv
S.B.P.D. 0
Private Security 400
Other I "o~. ri tv 1'0 ("'r~""" - \ 1')M
Advertisinq o.
Radio 0
Newspaper 0
Banners 300
Fivers 25
Other 400
Entertainment
Music ,)M
Sound Svstem 200
Other 0
Promotional Items
TroDhies . 0," ,.,<+-h D1 ., . .,nM
Ribbons and/or Plaques .
0
T-Shirts 500
Other '-r',V -'" , "An
Sanitation
Portable Restrooms - Public Services 450
Special Events IMi"" pl",..,k C:"n ; -~ P",m='''nt \ 1 "'00
Banquets Facilities 7000
Parade (Black Culture Foundation Float) 500
Other - Parks, Recreation (Senior Kinq & Queen) 150
B. TOTAL PROPOSED EXPENDITURES.* (SEE ATTACHED) 21090
Summary:
A. Total Revenues
B. Total Expenditures
C. Total Fee Waivers -
(from Part III)
$ /6. S9!J
$ 7 / n 90
$) (-1.;;/
D. Total Amouflt Re~ested
$ Jl 57)U D/ r t'i::I
. fU f'/[)/I<J&--
REQUEST FOR CIVIC AND PROMOTION FUNDING
REQUEST FOR FEE WAIVERS (PART III)
NAME OF ORGANIZATION: San Bernardino Black Culture Foundation
(List all City services for which you are requesting fee waivers)
C. Fee Waivers
AMOUNT
Police
Security /1 I~O /
Traffic Control
Other
Fire
Site Inspections
Crowd Control
Facilities
Sound Svstem
Civic Center Use Permit
Public Services
Refuse Bins
Street Sweepina -2.5V
Development Services AA-rn/,j/)::-" IS/tiNS 0='
Plannina TUP
Buildina
.
Other !ExDlain) ..
fJ.4-r.j-,; i,,: >:~/ .>. 770/i 1 0~P
Total Amount of Fee Waivers (In-Kind Services) c2I -? :?j
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
Facilities
Previous Year's Accounting Reviewed: Admin:
Finance
AGREEMENT
Civic and Promotional
The parties agree to as follows:
1. Recitals.
A.
Organization has requested financial assistance from City for the
1
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FlJ1'..'D.
2
3. Use of Funds.
3
4
5 Paragraph 1 above. No deviation from these provisions shall be made without the express
The funds paid to Organization shall be used solely for the purposes set forth in
6 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by
7 Organization.
8
9
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4.
Accountability.
Financial records shall be maintained in accordance with generally
accepted accounting principles by Organization in such manner as to permit City to easily trace
11
12 the expenditure of the funds. All books and records of Organization are to be kept open for
13 inspection at any time during the business day by the City or its officers or agents. Failure to
14 submit the financial records in accordance with this section will result in the Organization
15
16
17
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
18
19 any and all receipts relating to accounting of expenditures if so requested by City. If
20 Organization does not submit an accounting of expenditures and revenues which City deems
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25
26
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appropriate, such failure will result in the Organization reimbursing the City in the full amount
received by Organization.
5. Hold Harmless.
Organization covenants and agrees to defend, (ifrequested by City), indemnify, and hold
harmless the City, its departments, agencies, boards, commissions, elected officials, officers,
attorneys, employees and agents from all liabilities and charges, expenses (including counsel
2
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt
2
of the funds paid hereunder and all operations under this Agreement. Payments hereunder are
3
4
5
made with the understanding that the City is not involved in the performance of services or other
activities of Organization. The costs, salary and expenses of the City Attorney and members of
6 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
7
8
for the purposes of this paragraph.
6.
Insurance.
9
While not restricting or limiting the foregoing, during the term of this
12 automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single
13 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally
14 insured. Said coverage shall require ten (10) day written notice to the City if insurance is
15 terminated or materially altered. Evidence ofrequired insurance shall be provided to the City
16
Manager's Office prior to the date of the event.
17
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19
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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
23
shall be returned to City. In addition, Organization shall reimburse to City any funds expended
24
25
26
27
28
which were used for any purpose other than those authorized under this agreement.
8. Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
3
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
PROMOTION FU1\'D.
1
make the adherence to the obligations imposed by this agreement a binding obligation of the
2
organization.
3
4
5
6
7
8
9
10
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:
As to Organization:
City of San Bernardino
Black Culture Foundation
300 North "D" Street
P.O. Box 7288
11
San Bernardino, CA 92418
San Bernardino, CA 92411
Attn: City Manager
Attn: Frank Washington III, President
. -
4
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND BLACK CULTURE
FOUNDATION FOR FINANCIAL ASSISTANCE FROM FY 2008/09 CIVIC AND
1 PROMOTION FUND.
2
10.
Entire Agreement.
3
4
5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
6
7
8
This agreement and any documents or instruments attached hereto or
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.
9
In witness whereof, the parties hereto have executed this agreement on the day and date
10
first above shown.
11
12
13
14
15
16
17
CITY OF SAN BERNARDINO
By.
Mark Weinberg, Interim City Manager
SAN BERNARDINO BLACK CULTURE FOUNDATION
By.
Frank Washington III, President
18 ATTEST:
19
By:
City Clerk
20
21
Approved as to form:
22
23
ames F. Penman
~: C~y 1::
26 ()
27
t.L
28
5
~
c-'>GJ-/.i6/r '~ H
SAN BERNARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
'Name of Organization
"'~n inn "br1c ~.H-,,_~ tion
Address
P. o. Box 7288, San Bernardino CA 92411
Contact Person Phone Fax
Thomas Gueston (909) 884-4173
Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes---.1L No
-
Date of Event Location Estimated No. of Attendees
Februarv 7, 2009 Eighth and E Streets 8,000
Purpose of Funding 2009 Black History Month activities consisting of Miss Black San
Bernardino Pageant, crowning of Senior King and Queen, Annual Parade, Black History Ball,
and GOspel ,program.
PROPOSED CURRENT BUDGET
A. REVENUES: (List all anticipated revenues other than City of San Bernardino)
AMOUNT TOTAL
Sponsorshios San Manuel Band of Mission Indians ($5,000), 10.500
Arrowhead Credit Union 1$3 000) Southern Calif Gas
Companv ($1.500). Southern Calif Edison ($1,000)
Reqistrations 0
Promotions, concessions, souvenirs, Droaram sales 0
Donations 4 090
In Kind Services (Other than Citv Services) Auto l)ealers - 2,000
T n~ no,", ('l:1 .nnm M~+-'~h r"rn ($500\
Private Vehicles Owners ($500)
Total Dollar Amount Requested of City , ''''''
A. TOTAL PROPOSED REVENUES 16 590
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
MUST BE SUBMITTED TO CtTY MANAGER'S OFFICE 60 DAYS PRIOR TO EVENT FOR WHICH FUNDING IS REOUESTED. NO EXCEPTIONS.
NAME OF ORGANIZATION: C:~n 'Rorn::.rr,;nn p1.::l,....lr r,,'"hn"o P~l1nr1':;;:'+-;r"'\n
B. EXPENDITURES: (Include all known direct expenses connected with event)
EXPENSES AMOUNT TOTAL
Personnel/Salaries 0
Permits h~
Fire 0
Business License "
ABC 0
Other 0
Insurance
Citv of San Bernardino-iattached Yes x No ) 4800
Park Damaae Bond 0
Park Clean Uo DeoosiUDamaae Bond "
Securitv
S.B.P.D. 0
Private Securitv 400
Other i h, "'=n~; n~ - \ 1')""
Advertisinq 0
Radio 0 .
Newspaper 0
Banners 300
Fivers 25
Other 400
Entertainment
Music ?nn
Sound Svstem 200
Other 0
Promotional Items
T rooh ies ,~__~ . .~ .,~~ n'_ .\ ..,,,,,,,
Ribbons and/or Plaaues 0
T-Shirts 500
Other , ' .~. ~ .\ 1A""
Sanitation
Portable Restrooms - Public Services 450
Special Events (Mi"" "~n i n~ P"m'''nr \ 1 'i00
Banquets F aGilities 7000
Parade (Black Culture Foundation Float) 500
Other - Parks, Recreation (Senior Kina & OUeen) 150
B.. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHED) 21090
Summary:
A. Total Revenues
B. Total Expenditures
C. Total Fee Waivers -
(from Part III)
$ lib. .511)
$~/ .0 90
$cJ0' 1.:;'1
D. Total Am0t Recwested
$ 57)U D/r/:CI
pu />I tJ//'J?-
"'
REQUEST FOR CIVIC AND PROMOTION FUNDING
REQUEST FOR FEE WAIVERS (PART III)
NAME OF ORGANIZATION: San Bernardino Black culture Foundation
(List all City services for which you are requesting fee waivers)
C. Fee Waivers
AMOUNT
Police
Securitv /1 /nf) /
Traffic Control /
Other
Fire
Site Insoections
Crowd Control
Facilities
Sound Svstem
Civic Center Use Permit
Public Services
Refuse Bins
Street Sweeoina --25lJ
Develooment Services P,ll-ro/,; /JF"', !<j,i 11/"3 Q~) I
Plannina TUP
Buildina
Other (Exolain)
Pftrt.; I:.>~/ . < 1161'" I /~:J 5:J
Total Amount of Fee Waivers (In-Kind Services) 2/ :( ~j
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
Facilities
Previous Year's Accounting Reviewed: Admin:
Finance