HomeMy WebLinkAbout2002-341
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RESOLUTION NO. 2002-341
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY
PARKS" FOR CIVIC AND PROMOTION FUNDING FROM THE FY02/03 BUDGET
TO ASSIST IN THE CONDUCT OF THEIR 2ND ANNUAL JAZZ FESTIVAL.
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 "Friends of the San Bernardino
City Parks" organization for civic and promotion funding from the FY02/03 budget, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption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.
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2002-341
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN .
1 BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR
CIVIC AND PROMOTION FUNDING FROM THE FY02/03 BUDGET TO ASSIST IN
2 THE CONDUCT OF THEIR 2ND ANNUAL JAZZ FESTIVAL.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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5 and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the
6 21stdayof October, 2002, by the following vote, to wit:
The foregoing resolution is hereby approved this 7'6',..,1
day of October
2002.
J . h Valles, Mayor
. y of San Bernardino
Approved as to
Form and legal content:
By:
2002-341
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AGREEMENT
Civic and Promotion Fund
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City" and "FRIENDS OF SAN BERNARDINO CITY
PARKS", a non-profit organization, referred to as "Organization."
The parties agree to as follows:
1. Recitals.
A. Organization has requested financial assistance from City for the
Fiscal year 2002/03, in order to assist in defraying the expenses connected with the conduct of
events related to the 2nd Annual Jazz Festival at Roosevelt Bowl, on November 2,2002 , as
outlined in their Request for Funding Assistance and proposal, dated October 9,2002, copies of
which are attached hereto marked Exhibit "A". The terms of the request 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
conduct of the 2nd Annual Jazz Festi\al at Roosevelt Bowl.
2. Payment.
Upon presentation of a claim to the City Finance Director, City shall pay
to Organization from the civic and promotiona fund budget for the 2002/03 fiscal year, the total
sum ofTHREE THOUSAND, THREE HUNDRED FIFTY SIX DOLLARS ($3,356).
/I /I I
/11/1
2002-341
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE
SAN BERNARDINO CITY PARKS" FOR FY02/03 CIVIC AND PROMOTION FUNDING
1 ASSISTANCE.
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3.
Use of Funds.
The funds paid to Organization shall be used solely for the purposes set forth in
Paragraph 1 above. No deviation from these provisions shall be made without the express
approval of the City of San Bernardino. Any unexpended funds shall be retumed to the City by
Organization. All revenues generated by this event will be used solely for the purpose of
improvirig/renovating the Roosevelt Bowl at Perris Hill Park.
4.
Accountability.
Financial records shall be maintained in accordance with generally
12 accepted accounting principles by Organization in such manner as to permit City to easily trace
13 .the expenditure of the funds. All books and records of Organization are to be kept open for
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inspection at any time during the business day by the City or its officers or agents. Failure to
submit the financial records in accordance with this section will result in the Organization
reimbursing the City in the full amount received by Organization. At the conclusion of the
program, Organization shall present the City Administrator or his designee copies of all receipts
for expenditures connected with said program in the total amount of THREE THOUSAND
THREE HUNDRED AND FIFTY DOLLARS ($3,356).
5.
Hold Harmless.
Organization covenants and agrees to defend, (if requested 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
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
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2002-341
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE
SAN BERNARDINO CITY PARKS" FOR FY02/03 CIVIC AND PROMOTION FUNDING
1 ASSISTANCE.
made with the understanding that the City is not involved in the performance of services or other
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activities of Organization. The costs, salary and expenses of the 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 mai..tain 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 10
days prior written notice to the City.
7. 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, and the 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
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2002-341
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE
SAN BERNARDINO CITY PARKS" FOR FY02/03 CIVIC AND PROMOTION FUNDING
1 ASSISTANCE.
make the adherence to the obligations imposed by this Agreement a binding obligation of the
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Organization.
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9.
Notices.
All notices herein required shall be in writing and delivered in person or
6 sent by certified mail, postage prepaid, addressed as follows:
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As to City:
As to Organization:
City of San Bernardino
FRIENDS OF SAN BERt'lARDINO
CITY PARKS
300 North "D" Street
547 North Sierra Way
San Bernardino, CA 92418
San Bernardino, CA 92410
Attn: Mark Westwood
2002-341
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE
SAN BERNARDINO CITY PARKS" FOR FYOZ/03 CIVIC AND PROMOTION FUNDING
1 ASSISTANCE.
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10.
Entire Agreement.
.. This Agreement and any documents or instruments attached hereto or
5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
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of conflict between the terms, conditions or provisions of this Agreement, and any such
document or instrument, the temls 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.
FRIE S OF SAN BE
By. Y~Jr/
ARDINO 1)TY PARKS
/.~4'T?j)
Mark Westwood
ATTEST:
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Approved as to form
21 And legal content:
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2002-341
SAN BERNARDINO
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
Name of Organization
Friends of the Park (Patrons of the Bowl)
Address
547 N. Sierra way, San Bernardino, CA
Phon elf AX Contact Person
909 384 5032 Mark
Designation of 50 I c (3) non-profit status of Organization (Attached: Y es~ No.-J
PhonelF AX
909 88 -
Date of Event
November 2, 2002
Purpose of Funding
to assist in fundraiser to
Location
perris Hill Pa
Estimated No. of Attendees
renovate Roosev
PROPOSED CURRENT BUDGET
A. REVENUES: (List all anticiuated revenues other than City of San Bernardino)
AMOUNT TOTAL
Sponsorships
Registrations
Promotions
proposed tlcket sales (300 ) $ 3,000
vendor rental fees (proposed) (10) 500
Donations
In Kind Services (Other than City Services)
Total Dollar Amount Reouested ofCitv 3,356
A. TOTAL PROPOSED REVENUES
$6,B56
2002-341
NAME OF ORGANIZATION: Friends of the Bowl (Patrons of the Bowl)
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
B. EXPENDITURES: (Include all known direct expenses connect with event)
EXPENSES AMOUNT TOTAL
Personnel/Salaries mus~ca.L talent 1,200
Permits
Fire
Bus. Lic.
ABC
Other
Insurance
City of SB Attached (Yes No v)
Park Damage Bond fee waived. city facility
Park Clean UP DenositlDamage Bond fee waived, city
Security facil~ty
S.B.P.D
Private Security ISO
Other
Advertising bUU
Radio
Newspaper
Banners
FIvers
Other
Entertainment
Music
Sound System 400
Other p~ano rental l~U
Promotional Items
Trophies
Plaaues
T-Shirts
Other
Sanitation . 12U
Portable Restrooms
Special Events
Banauet Facilities
Parade
Other meals, refreshments 636
B. TOTAL PROPOSED EXPENDITURES
$3,356
Summary:
A. Total Revenues -
$ 6.856
c.
Total Amount Requested from City
B. Total Expenditures = $ 3 , 356
$ 3,356
$ 3,500
.'
10-10-2002 12,38PM
INTSRNAL RlVllNUE SSIlVICE
f. O. BOX Z508
CINCI~TI, OH .5~01
FROM PARKS, REC 9093845160
P.2'
2002-341
OS:PAR'rMENT OF TlfS TREASURY
Date, NaV 0 '1 llJlUJ
Employer Identification Number:
33 -0644692
DLN,
17053281729040
CODtact Person:
FRANCIS B BElWHARoT IDlI 31Z58
Contact Telephone Number:
(877) 8211-5500
Our Letter Dated,
FEiRUARY 1995
AddendUl1\ Applies:
NO
ntll!NOS OF SAN BERNARDINO CITY
PAR~
547 N SIERRA WAY
SAN BERNARDINO, CA 9~UO
Dear Applicant,
This modifies OUr letter of the above date in which we stated that you
would b" treated as an organization that i. not a private foundation until the
expiration of your advance ruling period.
Your exempt status under section 501(a) of the Internal Revenue Code .s an
Organization described in section 501 (c) (3) i. still in effect. Based on the
information you submitted, we h"ve determined. that you are not a private
fOund"tion within the meaning of section 509(a) of the Code because you are an
or~anization of the type described in se"tion SOli (a) (1) and 170(bl (1) (A) (vi).
Grantors and contributors may rely on this determination unless the
Ineernal RevenUe Service publish.. noti~e tQ the contrary. However, if you
lose your sectio~ 509(a) {l) status. a grantor Or contribut04 may not rely on
this determination if he or she was in part responsible for, or was aware of.
the act or failure to act, or the substantial or material change on the part of
the organiiation that resulted in your 10sI of such atatus, or if he or she
acquIred knowledge that the Internal Revenue Service had ~iven notice that you
would no longer be classified as a section 509(a' (1) organization.
You are require~ to make YOU4 annual information return, Form 990 Or
Form 1I90-az. available for public inspection for three years after the later
of the due date of the return or the date the return is filed. You are also
required to make available for public inspection your .xemption application,
any supporting doc~ments, and YOUr exemption letter. Copies of these
documents ar~ aleo required to be provided to any individual upon written or in
person request without charge other than reasonable fees tor eopying and
postage. You may fulfill this requ>rement by placing the.e documents on the
Internet. Penalties may b. impo..d for fail~r. to comply wieh these
requirements. Aaditional information is aV.ilable in Publication 557,
TaX~ExemptStatus for Your Organi~ation, or you may call cur toll free
number shown above.
If we have indicated in the heading of this letter that an addend~m
app11e$. the addendum enclosed is an integral part Qf thi~ letter.
Letter .050 (DO/CG)
2002-341
October 9, 2002
Proposal
2nd Annual San Bernardino Jazz Festival
I. Introduction
This is a request for some limited funding ($2,000. to $3,500.) from the City of
San Bernardino to help supplement and offset some of the utility costs incurred from the
staging of the 2nd Annual San Bernardino Jazz Festival on Saturday, November 2,
2004.
The Jazz Festival i.~ being put together by the Patron~ ()fthe Roosevelt Buwl,
with the approval and endorsement o/the San Bernardino Parks and Recreation
Department. .
The primary coordinator of this event and Patrons of Roosevelt Bowl is 2nd Ward Parks,
Recreation, and Community Services Commissioner Mark Westwood.
This proposal will discuss the current state, and existence of the bowl, and also
the Jazz Festival itself.
The Goals and purposes of the festival;
. Draw attention, and raise funds for the renovation of Roosevelt Bowl, also
known as Perris Hill Bowl in San Bernardino.
. To help Promote Education, Culture, Music and the Arts as well as create
activity in San Bernardino.
. For the enjoyment and entertainment of the citizens of San Bernardino.
. To add another community activity that enhances the overall image of the
city.
Last years Jazz Festival was a wonderful event, and enjoyed by many students, our
seniors, and of course the over all general population as a whole. This year another great
slate of performers have volunteered to perform It is our hope that we are beginning
another great annual event in San Bernardino.
This year we are hoping to expand the festival, Therefore there is a need for a
slightly larger revenue source. Again, many area Collegiate and semi-professional
musicians in support of this cause are donating the majority of entertainment at the
festival
Some of the groups performing are CSU San Bernardino, San Bernardino Valley
College Kicks Jazz Band, The Mike Thoma.~ Big Band, Slide Area, Sweet Silver, The
Versatles, and the Mainstreet Jazz Band.
Note: In the spirit of good hosvitalitv to these musicians. some who do not live in
San Beroordino. we should at the very least offer them some food and a soft drink while
they are &mating their time.
2002-341
Through the expansion, we hope to make it a revenue generating event as well with
the addition of professional performers The daytime performances in the park are open
and free of charge, but we are also hoping to add a night performance with ticket
generated revenue.
. We have secured a tentative agreement with two rising
entertainment artists. LA Jazz Vocalist Chris Williams and the
Jeff Barash Quartet. Both Chris and Jeff have new albums being
released and are being aired on Southern California Radio
Stations.
It has been determined that in order to conduct a truly quality event for our
community, that some investment should be made to cover some miuor utility costs.
Some of those costs are Entertainment, Security, postage, flyers, a small amount of
advertising, printing, sound equipment rental, and a meal/drink for those who
perform, and donate their talents to this worthy cause. These costs are detailed at the
end ofthis proposal.
II. Background
Patrons of the Bowl is a fledgling group of people concerned with the propagation
of Roosevelt Bowl. The groups only purpose is to help propagate the bowl, innovate new
culture and performances, enhance its current use, and preserve the bowl for future
generations.
The Jazz Festival, now in its second year, serves a three-fold purpose in
innovating new performances, creating a higher profile for the bowl, and
fund raising for its future uses.
Roosevelt Bowl is a citywide asset that benefits everyone The 1800 seat bowl
was built in 1934 by the members of the Board of Water Commissioners as part ofa
flood control project, and the CW A, or Federal Civil Works Authority in cooperation
with city of San Bernardino.
The Bowl has remained mostly unchanged since that era with the exception of
aluminum bleacher type seating nearly 2S years ago, and the addition of a concrete stage
in 1982 after the wooden stage burned in an arson fire.
Roosevelt Bowl is now 68 years old. It is in need of some very basis additions
that could make a useful and economy generating venue to the city, its residents, and area
merchants.
2002-341
The 2nd Annual Jazz Festival is a good place to keep the momentum
rolling, and like every garden, you must seed, water and cultivate it to keep it alive
and healthy. This is a most worthy cause not only for its recreation and enjoyment,
but for its possibilities to create a little better life in San Bernardino
IV. Funds
The Following requests are hearby submitted for your consideration Some help in
whole or in part is greatly appreciated.
Chris Williams and his Band
Jeff Barash Quartet
Sound Equipment Rental
Piano Rental
Postage, Printing for Direct Mail Advertising
MealslDrinks for Performers
3 Big Bands with 19 musicians (57)
4 combos etc with approx. (20)
Volunteer Help - (15)
(Total Meals = 92 @ $8.00 each)
U tilitv
$600.00
$600.00
$400.00
$250.00
Extended
$600.00
$736.00
Security
Set-up/Break Down Labor (2 people)
Totals
$150.00
$120.00
($2,000.00) + ($1,456.00) = $3,356.00
V. Conclusion
Many communities have bustling performance centers and venues. The city of
Redlands is a good example of this with their summer concert series. These events all
take place free of charge to the public They receive city funding, and have over 1000
private donors as well. In the last three months they have staged two concerts a week
featuring well known and national performers. These concerts have been well received
and well attended. San Bernardino should have no less.
Since the demise of the Swing Auditorium, and the decay of the bowl, the
opportunities to enjoy a concert in the City of San Bernardino under the stars, or a
late fall performance are growing more rare each year. This small request is a good
start.
2002-341
2001 Actual Costs 1st Annual SB Jazz Festival
Vendor Service Cost Receipt No.
Postage--paid back to FOSBP Postage $227.1B XX Check
Express Print & Mail Donated Banner $0.00 ($296.70) 1
Express Print & Mail Banner-Paid $182.75 2
Personal Protective Services Security Guard $100.00 3
Daniel Coyaso General Labor/litter $25.00 4
Donald Orantes General Labor/litter $25.00 5
EZ Shelter Rentals 5 EZ up Shade Shelters $100.00 6
Paul Rodriquez Catering Food For Musicians (Deposit) $250.00 7
Paul Rodriquez Catering Food For Musicians (Balance) $B20.00 8
Paul Rodriquez Catering Beverages for Help/Musicians $100.00 9
SBVC Fortissimo Club Sodas/Donation for Help $120.00 10
Balloons Plus (Gas&Streamers) Balloons for Decoration $46.17 11
Kinkos Misc Printing $2.06 ~12
L & N 99 Cent Store Poster Board $0.99 13
L & N 99 Cent Store Bungee Cords/Misc Items $7.06 14
Luigi's 99 Cent Store Misc. ItemsfTape Pens etc $13.07 15
SUB TOTAL Actual Reciepts $2.019.28 (Actual $$J
So Cal Piano Movers Provided by Liers Music Donated $250.00
Dave Gianmarco Sound "Negotiated No Pay ($350.00)
"(equip. didn't work)
Total with Donations Liers Music $2,269.28 ($250.00)
Total with Donations Espress Printing $2,315.98 ($296.70)
Total with Sound Discount D. Gianmarco/L. Anderson $2,369.2B ($350.00)
(Grand Total) Cash, Doantions & Discount speculative only $2915.98)
~OOI .
BfLI) b cr.-
2002-341
ROOSEVELT
BOWL
2"J.. At I ,.,./
San Bar
Jazz F: t)ardino
estival
Day Festival- Free
Event Tickets S10.00
info @ 909.384.5032
November 2nd, 2002
With Performanees by....
esu SaIl Beraardiuo
SBve Kicks Big Baad
Mike Tho_ali Big Baad
SHde Area
Sweat Silver
The Venatlleli &_ore......
PERRIS
llam-9pm
FEATURING...
JAZZ VOCALIST
CHRIS WILLIAMS
www.ChrisWlIU....III__ie.eo_
Also featuring
The .Jeff Barash Quartet
HILL
PARK