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HomeMy WebLinkAbout2003-122 RESOLUTION NO. 2003-122 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK 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 Patrons ofthe Roosevelt Bowl regarding support services for Market Night at Perris Hill Park, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length, SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution, III III III III III III III III III ~ 1 2003-122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT SERVICES FOR MARKET NIGHT AT PERRlS HILL PARK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor jt. and Common Council of the City of San Bernardino at a regular meeting thereof, held on the June , 2003, by the following vote, to wit: 2nd day of ABSTAIN ABSENT Council Members: AYES NAYS x ESTRADA LIEN-LONGVILLE x x MCGINNIS x DERRY SUAREZ x x ANDERSON MCCAMMACK x /) , , /\cLU"-L/(' CityClerk ( /t; ,.~J, L--L<c 'L/~. 20 A The foregoing resolution is hereby approved this "1 'TU . day of June 21 22 23 24 25 26 27 28 2003, Approved as to Form and legal content: JAMES F, PENMAN, City Attorney B~ 1 t<-- 2003-122 "EXHIBIT A" 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 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and Patrons of the Roosevelt Bowl (a SOl (c)(3) non-profit organization), referred to as "Organization", The parties agree to as follows: 1. Recitals, A. Organization has requested support services from City in order to assist in defraying the expenses connected with the conduct of events related to their "Market Night" Program at Perris Hill Park for the purpose of generating revenues to be used for improvements at the Roosevelt Bowl, a City-owned facility, B. The support services provided by the City are for a valid municipal purpose, to wit: for the conduct of events related to the Organization's Weekly Market Night Program in Perris Hill Park for the purpose of generating revenues to be used for improvements at the Roosevelt Bowl, a City-owned facility, Furthermore, the Patrons of the Roosevelt Bowl was established for the sole purpose of providing financial, physical, and program support for arts, culture, entertainment, and community activity at the Roosevelt Bowl Outdoor Amphitheater in San Bernardino's Perris Hill Park, III III I 2 2003-122 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL Accountability: Responsibility: Organization will be solely responsible for the financial support, administration, and management of Market Night. Organization covenants and agrees that one hundred percent (100%) of its weekly net profit (weekly revenue minus weekly expenses) will be committed and spent on improvements to the Roosevelt Bowl. Organization will provide a weekly report listing vendors, attendance, and cash receipts, Additionally, Organization will provide monthly financial statements to the City which shall include, but not be limited to, the amount offunds spent by Organization on improvements to the Roosevelt Bowl. Organization further agrees to permit the City, its agents and representatives at reasonable intervals at any and all times upon reasonable advance notice, to inspect all books, records, and accounts for the weekly Market Night events, Electricity: Organization will be responsible for the installation and associated costs of the electrical infrastructure needed to accommodate the vendors, Maintenance: Organization will provide an adequate number cardboard trash receptacles to collect the refuse of the attendees which will be emptied by Market Night staff into a city-leased 3 cubic yard container with weekly service, Private Security: Organization will provide one team of two private security officers from 5:30-10:30 pm and such additional private security officers as determined by the Chief of Police, Hold Harmless, Organization covenants and agrees to defend, (if asked by City), indemnify, and hold hannless the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, 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. The costs, salary and expenses of the 3 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 2003-122 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL City Attorney and members of 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, 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 $1 ,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents, as additionally insured, A certificate of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the added notation that the insurance policy shall not be terminated or materially altered without ten days prior notice to the City, 7, Termination, This Agreement may be terminated by either Party upon the giving of thirty (30) days' written notice, 8, Authorization to Execute, 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, III 4 1 2 3 2003-122 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL 9, Notices, 4 All notices herein required shall be in writing and delivered in person or 5 sent by certified mail, postage prepaid, addressed as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 III 21 22 III 23 24 25 26 III 27 28 As to City: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator As to Organization: Patrons of the Roosevelt Bowl 547 No, Sierra Way San Bernardino, CA 92401 Attn: President III III III III III III III III III III III III III 5 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 ---, 2003-122 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL 10, Entire Agreement. This Agreement and any documents or instruments referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writings 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, By, By, Jeff Grande Patrons of the Roosevelt Bowl By, Dennis Baxter Patrons of the Roosevelt Bowl APPROVED AS TO FORM AND LEGAL CONTENT: By: James F, Penman City Attorney 6 . 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 . . 2003-122 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL 10, Entire Agreement. This Agreement and any documents or instruments referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writings 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, BERNARDINO By, -L Ce~ lles, Mayor P A ONS OF THE BOWL I <-----By, \..w ir~ Jeff Grande L Patrons of the Roosevelt Bowl ~ DennIs Baxter . Patrons of the Roosevelt Bowl APPROVED AS TO FORM AND LEGAL CONTENT: By: James F, Penman City Attorney 6