HomeMy WebLinkAbout2002-158
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RESOLUTION NO. 2002-158
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A
3 CONTRACTUAL AGREEMENT WITH L.O. PRODUCTIONS TO PROVIDE A
CARNIVAL IN CONJUNCTION WITH THE CITY'S ANNUAL FOURTH OF JULY
4 CELEBRATION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
8 authorized to execute a Contractual Agreement with L. O. Productions to provide a carnival in
9 conjunction with the City's annual Fourth of July Celebration, a copy of which is attached hereto,
10 marked Exhibit" A" and incorporated herein by reference as fully as though set forth at length.
II SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the Office of the City
13 Clerk within sixty (60) days following effective date of the Resolution.
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HTC/is [LOPRODUCTlONS.RES] I
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2002-158
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
2 A CONTRACTUAL AGREEMENT WITH L.O. PRODUCTIONS TO PROVIDE A
CARNIVAL IN CONJUNCTION WITH THE CITY'S ANNUAL FOURTH OF JULY
3 CELEBRATION.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a regular joint
meetin
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The foregoing Resolution is hereby approved this I rH, day of June
,2002.
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
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26 (L1 Po
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HTC/js [LOPRODUCTlONS.RES]
2
2002-158
CONTRACTUAL AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND L.O. PRODUCTIONS TO PROVIDE A CARNIVAL
THIS AGREEMENT is entered into this)"ci day of \" lJ<; ,2002 by the Director of Parks,
Recreation and Community Services ("Director"), on beha~City of San Bernardino and L.O.
Productions, hereinafter referred to as "Contractor." The parties hereto agree as follows:
I. Contractor represents that it desires to and is capable of providing a Carnival for the 4th of
July Celebration described in Exhibit A hereto. City agrees to permit use of City facilities
to accomplish this purpose, in the locations specified, subject to the terms of this agreement.
2. Contractor agrees to provide a Carnival at times and on dates and at locations and subject to
the terms and provisions as specified in Exhibit A attached hereto and incorporated herein
in its entirety as if fully set forth. The purpose for specifying dates and times shall be to
coordinate the activities of Contractor with the City of San Bernardino 12th Annual 4th of
July Celebration.
3. Contractor understands that City reserves the right to cancel this agreement at any time
should the facilities become unavailable due to fire, flood, or other casualty, and City shall
not be liable for compensation or damage to the Contractor for the remainder of this
agreement, should it be canceled for any such reason. Contractor agrees to provide Carnival
for the period of 4 days commencing and including July 4-7, 2002.
4. This agreement shall be terminated on five (5) days notice at the discretion of the Director,
should the Contractor fail to fulfill requirements, as specified herein.
5. City shall sponsor Carnival to be conducted by the Contractor and shall coordinate the use
ofrequired facilities. Contractor shall be solely responsible for the safety, maintenance and
operation of all carnival events, including but not limited to the guiding of participants on
rides and games.
6. INSURANCE REOUIREMENTS
Applicants shall procure and maintain in force during the term of this permit and any
extension thereof, at its expense, public liability insurance in companies and through brokers
approved by the City, adequate to protect against liability for damage claims through public
use of or arising out of accidents occurring in or around the premises, in a minimum amount
of $1,000,000. The City of San Bernardino. its elective and appointive boards.
commissions. officers. officials. attorneys. employees and agents shall be named as
additional insured in the policy.
The applicant's insurance will be primary to any coverage the City of San Bernardino may
have in effect. Such insurance policies shall provide coverage for the City's contingent
liability on such claims of losses resulting from activities of the permit. A certificate of
insurance evidencing such coverage shall be furnished to the Director of Parks, Recreation
and Community Services Department. Said certificate will further specify that said policy
will not be terminated or materially changed without ten days advance written notice to City.
HTC/js [CONTRACTAGR]
2002-158
CONTRACTUAL AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND L.O. PRODUCTIONS TO PROVIDE A CARNIVAL
commissions, officers, officials, attorneys, employees and agents from any suits or actions
at law or in equity for damages caused, or alleged to have been caused, by reason of any of
Contractor's operations. The costs, salary and expenses of the City Attorney and members
of his office in enforcing this Contractual Agreement on behalf of the City shall be
considered as "defense costs and legal fees" for the purposes of this paragraph.
12. Contractor agrees that, during activities as described above, no person will be excluded from
participation in, denied the benefits of, or otherwise subjected to discrimination on the basis
of race, color, religion, national origin, age, sex, handicap, marital status, or any other basis
forbidden by law.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year
above written.
CONTRACTOR: L.O PRODUCTIONS
BUSINESS IDENTIFICATION #
Address: 11210 Hamal Avenue
Street
Mira Lorna. CA
City
91752
Zip Code
By: ~/.~
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::T=rL~~~
Director, Parks, Recreation d
Community Services
HIC/js [CONTRACTAGR]
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2002-158
EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
As part of the Public Park Use, the following represents an understanding between the City of San
Bernardino and L.O. Productions
(Applicant)
relating to the use of 7th & Sierra Parkin~ Lot Next To Restrooms
To Provide a Carnival as part of the Annual 4th of July Celebration during the period
(Purpose of Use)
July 4. 2002. 12 Noon
(Date and Hour)
to
July 7. 2002. 10:00 p.m.
(Date and Hour)
Contractor agrees to furnish QUALITY RIDES AND ATTRACTIONS.
A minimum of 12 Rides. 6 Maior Rides. 6 Kiddv Rides. 4 Food Booths - Candy Wa~on and 1
Games of Skill.
GENERATORS, CABLES, JUNCTION BOXES, TICKET BOXES, POWER HOOK-UP
AND SKILLED OPERATORS.
All requirements must be completed. Failure to complete any of the required conditions will
be cause for immediate termination ofthis permit.
PERMITS AND LICENSES
Applicant agrees to obtain all necessary permits and licenses required for the various activities and
events to be conducted throughout the period of use of the facility and to provide proof of same to
the Parks, Recreation and Community Services Department.
Following is a list of permits, licenses, and other requirements:
I. FIRE DEPARTMENT PERMIT - Apply for this at the City Fire Department, 200
East Third Street.
2. ENVIRONMENTAL HEALTH ITINERANT PERMIT - Apply for this at 385
North Arrowhead.
3. BUSINESS LICENSE - This includes a Business License for each vendor and
service provider. Apply for this at the City Clerk's Office, 2nd Floor, City Hall, 300
North "D" Street.
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2002-158
EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
4. ABC LICENSE AND TEMPORARY SELLER'S PERMIT AND SALES USE
T AX RETURN - (For Alcohol Sales) Apply for this at the State Board of
Equalization Office, 303 West 3rd Street.
Alcoholic beverage use at any event on City property must be approved by the Director of
Parks, Recreation and Community Services Department. In addition, alcoholic beverage
sales must be approved by the City Police Department and an ABC License must be
obtained. All required fees must be paid and liability insurance with liquor liability with the
City of San Bernardino. its elective and appointive boards. commissions. officers. officials.
attorneys. employees and agents named as an additional insured in the policy must be in
place prior to issuance of permit.
In the event that alcoholic beverage sale and/or use is approved for this event, the applicant
shall hold the City of San Bernardino, its elective and appointive boards, commissions,
officers, officials, attorneys, employees and agents harmless from any potential liability
claims resulting from the sale andlor use of alcoholic beverages on the facility premises.
Applicant will strictly enforce all ABC laws with particular attention to the prohibition of
sale and/or use of alcohol by minors and by required proper identification when necessary.
5. PERMIT AUTHORIZING CARNIVAL AND OTHER OUTDOOR
ENTERTAINMENT - Apply for this at the City Police Department Vice and
Narcotics Division, 710 North "0" Street.
Ride vendors will be in compliance with all California State Division of Occupational Safety
and Health policies dealing with carnival amusement rides and covered under law by Labor
Code Sections 7900 through 7915. Ride vendors will comply with Police Department
personnel or other City departments in the event of a malfunction of an amusement ride or
an accident resulting in a patron injury or fatality, the ride vendor will immediately notify
the Police Department and fully cooperate with the investigation.
INSURANCE REOUlREMENTS
Applicant shall procure and maintain in force during the term of this permit and any extension
thereof, at its expense, public liability insurance in companies and through brokers approved by the
City, adequate to protect against liability for damage claims through public use of or arising out of
accidents occurring in or around the premises, in a minimum amount of $1 ,000,000. The City of
San Bernardino. its elective and appointive boards. commissions. officers. officials. attorneys.
employees and agents shall be named as additional insured in the policy.
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2002-158
,
EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
The applicant's insurance will be primary to any coverage the City of San Bernardino may have in
effect. Such insurance policies shall provide coverage for the City's contingent liability on such
claims of losses resulting from activities of the permit. An appropriate certificate of insurance as
set forth in the contractual agreement shall be furnished to the Director of Parks, Recreation and
Community Services Department. Failure to provide insurance as stated herein will be cause for
immediate termination ofthis permit.
In addition, all vendors and service providers shall provide Certificates ofInsurance in the amount
of$I,OOO,OOO with the City of San Bernardino. its elective and appointive boards. commissions.
officers. officials. attorneys. employees and agents named as additional insured in the policy.
NOTE: WHEN ALCOHOLIC BEVERAGES ARE INVOLVED, LIQUOR LIABILITY
ENDORSEMENT OF $1,000,000 MUST ALSO BE INCLUDED IN THE INSURANCE.
BOND FOR DAMAGES AND OTHER UNFORSEEN COSTS
Applicant shall provide a damage bond in the amount of One Million Dollars ($1,000,000) to cover
potential damages to City property and equipment which may occur and to recover other costs which
may accrue as a result of the scheduled activities.
USE OF AMPLIFIED SOUND OR PUBLIC ADDRESS SYSTEM
"Amplified sound" means speech or music, projected or transmitted by electronic equipment,
including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended
to increase the volume, range, distance, or intensity of speech or music and are powered by
electricity, battery or combustible fuel.
It is unlawful to cause the amplification of sound exceeding twenty-five watts total output from all
channels of equipment used except pursuant to an exclusive use permit issued under provisions of
City Municipal Code Chapter 12.80.130 and subject to the following conditions.
1. The location of any bandstand and the position of each loudspeaker shall be as
specified by the Director of Parks, Recreation and Community Services Department
so as to allow the least amount of amplified sound to be audible in any adjacent
residential neighborhoods.
2. Amplified sound shall not exceed ninety-five decibels (dba) at a point fifty feet in
front of the center point of the distance between loudspeaker installations.
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2002-158
EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
SECURITY AND CROWD CONTROL
Applicant will provide security and crowd control for the duration of the event. Upon the advice of
the Chief of Police, a requirement of one crowd monitor per fifty (50) persons expected to attend the
proposed activity may be imposed. A written duty schedule shall be provided to the Police
Departments and the Parks, Recreation and Community Services Department. The duty schedule
will provide the name, address, and telephone number for the individual responsible for security
along with the names and duty times for each individual working as crowd controller andlor
daylnight security guard,
CLEANLINESS OF FACILITY AND CLEAN-UP BOND
Applicant will provide for continuous clean upon during the event. Applicant will make
arrangements with City Refuse Division for provision of trash bins and for the time the bins are to
be emptied. Applicant agrees to provide personnel to empty trash receptacles into the large trash
bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit of $5,000
is required. The facility shall be cleaned by applicant immediately following the end of the event.
Cleaning Deposit shall be forfeited if, upon inspection by a Parks, Recreation and Community
Services Department representative, the facility has not been properly cleaned.
PARKING LOT RESTORATION
Applicant agrees to pay the cost of filling, compacting, and sealing of all holes made by applicant's
event in the parking lot areas.
EMERGENCY RESPONSE
Applicant agrees that in the event of an emergency response by City personnel as a result of
activities of the event (i.e., plugged sewer lines, electrical failure, riots, mass arrests, major crime
responses, etc.) all salary and material costs associated with such response shall be borne by the
applicant.
CONTRACTUAL AGREEMENTS
Applicant shall furnish to the Parks, Recreation and Community Services Department a copy of
signed contracts between applicant and any vendors or other providers of services for the event.
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