HomeMy WebLinkAbout2001-328
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RESOLUTION NO. 2001-328
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH JUAN POLLO,
INC. AND THE CITY OF SAN BERNARDINO FOR REIMBURSEMENT TO CITY OF
WAIVER OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS
CAR SHOW AND CRUISE.
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 Juan Polio, Inc., for
reimbursement to City of fee waivers granted in connection with the 2001 McDonalds Car
Show and Cruise, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption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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2001-328
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AGREEMENT WITH JUAN POLLO, INC. AND THE
1 CITY OF SAN BERNARDINO FOR REIMBURSEMENT TO CITY OF WAIVER OF FEES
IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on
the 15th day of October ,2001, by the following vote to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
McGINNIS x
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SCHNETZ x
SUAREZ x
ANDERSON x
MCCAMMACK x
~h.~
City Clerk
The foregoing resolution is hereby approved this It-rH day of October
W01. n
Approved as to
Form and legal content:
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J4Ll'ith Valles, Mayor
(jitf of San Bernardino
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JAMES F. PENMAN,
City Attorney
By: Od~0 9.ra~~
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2001-328
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AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WAIVER
OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND
CRUISE.
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City" and JUAN POLLO, INC., referred to as
"Organization. "
The parties agree to as follows:
1. Recitals.
A. Organization has requested a waiver of City fees in the amount of$4,385
to assist in defraying the total costs of their "McDonald's Car Show and
Cruise" event, scheduled for November 10, 2001. The waiver of fees
provided for in this agreement is made on a one-time basis, and granting
of such waiver shall not imply a continuing obligation of the City beyond
the terms of this Agreement.
2.
Approval.
Upon approval by the Mayor and Council of the City of San Bernardino,
City shall waive departmental facility, personnel and equipment costs in
the amount of FOUR THOUSAND, THREE HUNDRED AND EIGHTY
FIVE DOLLARS ($4,385), as estimated by the City to assist
Organization with the conduct of the McDonald's Car Show and Cruise
scheduled for November 10, 2001, as outlined in the staff report by the
City Administrator, dated October 3,2001.
3. Reimbursement of Funds.
As a condition of this agreement, Organization agrees to reimburse City on a dollar-
for-dollar basis, but only up to and including the total amount of fee waivers granted
by the City, for every dollar over $20,600 in revenue that the event generates.
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2001-328
AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WAIVER
OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND
CRUISE.
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
identify costs connected with event. 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 of fee waivers received by Organization. At the
conclusion of the event, Organization shall present the City Administrator or his designee copies
of all receipts for expenditures connected with said event. If the event generates over $20,600 in
revenue, Organization is obligated to reimburse City on a dollar-for-dollar basis up to and
including the total amount of fee waiver for every dollar over $20,600 the event generates. In no
instance, shall the amount ofreimbursement exceed the total amount of FOUR THOUSAND,
THREE HUNDRED AND EIGHTY FIVE DOLLARS ($4,385).
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 attorney fees), suits, or losses, however occurring, or damages arising or growing out
of this waiver of fees and subsequent reimbursement, and all operations under this agreement
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 ofthe City Attorney
and members of his office in enforcing this agreement on behalf of the City shall be considered
as "attorney's fees" for the purposes of this paragraph.
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2001-328
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AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WAIVER
OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND
CRUISE.
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 and providing thirty (30) days
notice to said City of any material changes to or termination of such insurance coverage.
7. Termination.
City shall have the right to terminate this agreement 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 any purpose other than those authorized,
total reimbursement of the amount of fee waiver provided by City shall be returned to City.
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.
9. Notices.
20 All notices herein required shall be in writing and delivered in person or
21 Sent by certified mail, postage prepaid, addressed as follows:
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As to City:
As to Organization:
City of San Bernardino
Juan Polio, Inc.
300 North "D" Street
1398 North "E" Street
San Bernardino, CA 92418
San Bernardino, CA 92045
Attn: City Administrator
Attn: Richard Dietz
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2001-328
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AGREEMENT WITH JUAN POLLO, INe. FOR REIMBURSEMENT TO CITY OF WAIVER
OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND
CRUISE.
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 91'. SAN BERNARDINO
By. U /{{~
JudJth Valles, Mayor
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JUA'N POLLO, INC.
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By.
Richard Dietz
ATTEST:
By: ~ h.~
Approved as to form
21 And legal content:
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James F. Penman
City Attorney
By: ,fb/7'"",,,}-
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BUDGET SUMMARY FOR CRUZIN "E" STREET 2001
SPONSOR REVENUE 2001
San Manuel Indian Bingo and Casino
King Polio
Individual Group
Best Foods
Citizens Bank
MD construction
Foothill Bank
Austin Coopef Ins.
Mitla Cafe
Moss Bros.
Sub total
AUTO REGISTRATION REVENUE(102@$10ea.)
TOTAL REVENUE 2001
EXPENSES 2001
City of San Bernardino
Diesel Light towers and generators
Personnel
Office supplies
Insurance
Banners
Trophies
Porta-a-potties
Printing & Promotional
Electrical work
Misc.
TOTAL EXPENSES 2001
$5000.00
$3000.00
$2500.00
$1318.00
$ 500.00
$ 250.00
$ 250.00
$ 200.00
$ 200.00
$ 100.00
($13,318.00)
($ 1020.00)
$14.338.00
($4385.00) waived
$1,466.00
$6,000.00
$ 400.00
$ 180.00
$3,547.75
$ 729.46
$ 810.00
$2,109.74
$ 950.00
$ 619.50
$16,812.45
$2,474.45 SHORTFALL MADE UP BY JUAN POLLO
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