No preview available
HomeMy WebLinkAbout2001-247 " 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 RESOLUTION NO. 2001-247 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "SALUTE TO THE ROUTE" FOR CIVIC AND PROMOTION FUNDING FROM THE FYOl/02 BUDGET TO ASSIST IN THE CONDUCT OF THE "SALUTE TO THE ROUTE" EVENT, 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 "Salute to the Route" organization for civic and promotion funding from the FYOI/02 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 SECTION 2, The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. 1/1 11/ III III III III III III III 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 2001-247 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH SALUTE TO THE ROUTE FOR FYOl/02 CIVIC AND PROMOTION FUNDING. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6th day of August ,2001, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ ~ ANDERSON x MCCAMMACK x ,~~~ The foregoing resolution is hereby approved this "lnt day of August 2001. r€lbr~- Esther Estrada, Mayor Pro Tern City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: 2001-247 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 Civic and Promotional Funding This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and "SALUTE TO THE ROUTE", 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 2001/02, in order to assist in defraying the expenses connected with the conduct of events related to their 2001 "Salute to the Route" celebration, as outlined in their request for funding to the Mayor and Common Council, a copy of which is 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 events related to their 2001 "Salute to the Route" celebration, September 15, 2001. 2. Payment. Upon presentation and approval of a claim by the City Administrator's Office, City Finance shall pay to organization from the civic and promotion fund budget for the 2001/02 fiscal year, the total sum ofTEN THOUSAND DOLLARS ($10,000). 2001-247 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 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Paragraph I above. No deviation from these provisions shall be made without the express approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by Organization. 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 the expenditure of the funds. All books and records of Organization are to be kept open for 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 TEN THOUSAND DOLLARS ($10,000). If Organization does not submit receipts totaling $10,000 which City deems appropriate, Organization shall remit balance of funds to City. 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. The costs, salary and expenses of the 2 2001-247 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 City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "counsel fees" for the purpose 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 as additionally insured. Said coverage shall require notice to the City if insurance is terminated or materially altered. 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 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 make the adherence to the obligations imposed by this agreement a binding obligation of the organization. 1/1 1/1 1/1 II/ 3 2001-247 1 2 Notices. 9. All notices herein required shall be in writing and delivered in person or 3 4 5 6 7 8 9 10 I I I 11 12 13 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 Attn: City Administrator Salute to the Route P.O. Box 89 San Bernardino, CA 92402 Attn: Danny Flores, Chairman !II !II I!I 14 15 16 I I I 17 18 19 20 21 22 23 24 25 26 27 28 !II !II !II !II !II I!I !II !II !II 4 2001-247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AGREEMENT WITH SALUTE TO THE ROUTE FOR CIVIC AND PROMOTION FUNDING FROM THE FYOl102 BUDGET, 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 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. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO B~A~~.~ Esther Estrada, Mayor Pro rem 15 16 17 18 19 ATTEST: :~ By: ~~ 22 SALUTE TO THE ROUTE By. &::;7c ~ Danny Flor. , Chairman 23 Approved as to form and legal content: 24 James F. Penman 25 City Attorney 26 By: L o ?-.~ 27 28 5 2001-247 EXHIBIT A CITY OF SAN BERNARDINO REQUEST FOR WAIVER OF FEES FOR CITY SERVICES, PERSONNEL & EQUIPMENT Approval of fee waivers are ([ranted bv the Mallor and CounciL Allow 60 dalls from recei>>t of aonlication bv Ci/v Administrator's Office for orocess;nl!. Contact City Administrator's Office 909384-5122fFAX909384_S138 Date Submitted May 2001 Name of Applicant/Organization Salute to the Route Contact Person Danny Flores Address P.O. Box 89. San Bernardino 92402 Phoneliti (909) 887-2745 Activity for which Waiver(s) are requested 9th Annual "Salute to the Route" Date(s) of event/activity 09/15/01 Location of event/activity Nunez Park Date and Time of Set Up and Take Down of Event 09/15/01 8am - 6pm PART I: MUST BE COMPLETED AND SUBMIITED BY ORGANIZATION BEFORE REVIEW BY CITY DEPARTMENTS Proposed Budget for Event . Estimate Personnel (Salaries, Overtime etc.) -0- Office Supplies 301 Postage 100 Printing 920 Equipment Rental 1,190 Security 7,992 Food/Refreshments 2 ,44!~ Facility Rental 400 lnsurance 8,000 Decorations 400 Utilities -0- Advertising 4 500 Promotion 2.567 Trophies 2,606 Scholarships -0- Special Equipment 180 Sanitation Facilities 861 Other 4,540 SUBTOTAL 37,001 2001-247 Anticipated Revenue from Other Sources (list source by name) Estimate 1. Inland Empire Health Plan 5,000 \' 2. Gents Organization 8,550 3. San Bernardino County Public Health TURN 5,000 4. Vehicle Registrations/Vendors 2,436 5. Sponsorships 5,170 TOTAL -r-crr",- ~=>, 'DTA-L.. A A-Nrto:../{)dTEL! f2Ev GIIJ 1.1...6 ::- '1D AcPP4Cdn"- :$ ,;:--.tC':->/ -' , il .-J -:~~-P)/~ dJ,' 10)g ;/.:',- PART II: TO BE COMPLETED BY CITY DEPARTMENTS PRIOR TO CONSIDERATION BY WAYS AND MEANS COMMITIEFJMA YOR AND COUNCIL ACTION Applicant is responsible for contacting City departments and other outside agencies for requests for services. City Departmental Services Requested Fee Waivers Administration 909384-5122 Estimate Filming Penn it Street Banner -0- Police 909384-5735 Traffic Control Security Personnel 4,798 Development Services 909384-5057 Generator/Temporary Power Pole TUP Public Services 909384-5140 Trash Services (boxes, bins, liners) 736 Street Sweeping After Event Cleanup Parks, Recreation, Community Services 909384.5031 Park Use 200 Stadium Use Facility Use Public Works/Traffic Engineering 909384-5084 Signs Barricade Placement/Removal Facilities Management 909384.5244 Civic Center Use Custodial Services Sound/PA System Use TOTAL AMOUNT OF CITY SERVICES 5,734 NON W AIV ABLE FEES County Environmental Health 909 884-4056 (food service) ": Alcoholic Beverage Control 909782-4400 (alcohol sales) Barricade Deposit Perfonnance Bond 8,OOu Clean Up/Security Deposit Fire Inspection Fee Fire Pennit Fee Fire Personnel Stand-by Fee Business Registration Vendor Fee 10 2