HomeMy WebLinkAbout1994-096
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RESOLUTION NO. 94-96
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE
3 RELATING TO FY 93/94 CIVIC AND PROMOTION FUNDING ASSISTANCE, USE OF
CITY FACILITIES AND EQUIPMENT AND WAIVER OF CITY FEES IN CONNECTION
4 WITH THEIR CINCO DE MAYO CELEBRATION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The City Administrator of the city of San
Bernardino is hereby authorized and directed to execute on behalf
of said City an agreement with THE INLAND EMPIRE HISPANIC CHAMBER
OF COMMERCE, 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agreement is rescinded if the parties to the agreement fail to
it within sixty
execute
(60)
days
of the passage
of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
18th
day
reqular
19 of April 1994, by the following vote, to wit:
,
20 Councilmembers AYES NAYS ABSTAIN ABSENT
21 NEGRETE x
22 CURLIN x
23 HERNANDEZ x
24 OBERHELMAN x
25 DEVLIN x
26 POPE-LUDLAM
x
27 MILLER
x
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RESOLUTION AUTHORIZING AGREEMENT WITH INLAND.EMPIR~ HISPANIC
CHAMBER OF COMMERCE RELATING TO CINCO DE MAYO 1994.
R.. Ct..eJ'VL LeIVl..k
city Clerk
Dy,xiYJLeLuUrfLeduw), ill.tp<-<l;~
The foregoing resolution is hereby approved this \"j\\\ day of
April
, 1994.
Approved as to form
and legal content:
J~
City Attar ~
By: . ~
-2-
~')/j I
, / /':;"?PI jtlt.A;"~r.....
. Tom Minor, Mayor
City of San Bernardino
Res 94-96
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RECEIV~D-i:rr'( CI..EF~
A G R E E M B9~ 'RAY lOP 3 :02
civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, a non-profit
organization, referred to as "Organization."
The parties agree to as follows:
1. Recitals.
A. Organization has requested assistance from the City
for fiscal year 1993-94, in terms of use of City facilities and
waiver of city departmental equipment and labor costs in order to
assist in defraying the expenses connected with the CINC0 DE MAYO
CELEBRATION activities sponsored by Organization and scheduled for
May 7 and 8, 1994, as outlined in their letter to the Mayor and
Common Council dated March 16, 1994, a copy of which is attached
hereto marked Attachment "A".
B. Organization has further requested a direct
allocation of funds from the City'S civic and promotion fund for FY
1993/94, to support the conduct of this event, as outlined in their
Request for Funding Proposal presented to the Ways and Means
Committee, a copy of which is attached hereto and marked Attachment
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liB".
The terms of the request are incorporated herein by reference
and shall govern the use of City funding, facilities and services.
The assistance provided tor in this agreement is made on a one-time
94 96
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basis, and approval shall not imply a continuing obligation of the
City beyond the terms of this Agreement.
C. The above request is for a valid municipal public
purpose, to wit: the promotion of Organization's cinco de Mayo
celebration.
2. Facilitv Use Permit. Provided all internal city permit
processing requirements have been met to the satisfaction of the
respective departments, City shall grant the use of La Plaza Park
for a Cinco de Mayo celebration on May 7 and 8, 1994 from 12:00
Noon to 10:00 p.m. on each day.
The organization is prohibited from using said park for the
operation of a carnival.
3. Pavment. Upon presentation to the City of invoices
certified by the Organization as valid for services rendered to the
Organization by outside vendors for their Cinco de Mayo
celebration, and are deemed in accordance with the Organization's
Request for Funding Proposal previously submitted, City shall pay
said invoices from the civic and promotion fund budget for FY
1993/94 in a total amount not to exceed FIVE THOUSAND DOLLARS
($5,000) in the manner prescribed below:
a. Upon acceptance by the city of the validity of
vendors' invoices, a check will be issued to the organization in an
amount equal to the total sum of invoices submitted. It shall be
the responsibility of the Organization to pay said invoices from
this amount. Under no circumstances, shall the total amount of the
ci ty' s reml ttdnce to Organization exceed FIVE THOUSAND DOLLARS
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($5,000.00) .
4. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Paragraphs 1 and 3 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.
5. Accountinq. At the request of the City Administrator,
Organization shall submit to the city Administrator, with a copy to
the Finance Director, an accounting of the actual expenditures
connected with said event as it relates to the funds which were
provided by the City as compared to Organization's proposed
expenditures outlined in their Request for Funding Proposal. In
addition, Organization shall submit cancelled checks showing proof
of payment to vendors as outlined in section 3 and 3(a) above.
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.
6. 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), sui ts, or losses however occurring, or damages
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arising or growing out of the use or receipt of said services
hereunder and all operations under this agreement.
Approval of
request hereunder is granted with the understanding that the city
is not involved in the performance of services or other activities
of Organization.
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.
8.
Permits and Insurance.
Organization shall obtain all
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permits required for its activities and comply with all insurance
requirements applicable thereto including obtaining such public
liability and property damage insurance as shall insure City, its
elective and appointive boards, commissions, officers, agents and
employees, permittee and its agents performing acts covered by this
agreement from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise
from Organization's or its agents' operations hereunder, whether
such operations be by Organization or its agents or by anyone
directly or indirectly employed by either Organization or its
agents, and the amount of such insurance shall be as follows:
a. Public Liability Insurance. In an amount not less than
$1,000,000 combined single limit for injuries including, but not
limited to, death to anyone person, and subject to the same limit
for each person, in an amount not less then $1,000,000 on account
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of anyone occurrence.
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1 City shall be set forth as additional named insured under the
2 above policy. The company from which the insurance is obtained
3 shall be rated as an A+ company in the "BEST GUIDE." Proof of
4 insurance shall be required for submittal no later than 72 hours
5 prior to the conduct of the event.
6 9. Endorsement for Liauor Liabilitv.
7 City shall be set forth as an additional named insured
8 under the above referenced insurance policy requirement. If
9 alcohol is to be served, an additional endorsement for liquor
10 liability is required in the amount of $1,000,000.
11 10. Waiver of Fees. Upon satisfaction of all City
12 departments' permit requirements and terms and conditions as
13 outlined in the Application Permit to Use a Public Park or
14 Recreation Fdcility (Attachment B) with respect to this event,
15 applicable fees estimated at ELEVEN THOUSAND FIVE HUNDRED AND
16 ELEVEN DOLLARS ($11,511.00) will be waived.
17 11. Extraordinarv Law Enforcement Services
18 Organization shall be responsible for any extraordinary law
19 enforcement measures determined necessary by the Chief of Police
20 pursuant to Municipal Code Chapter 8.82.
21 12. Authorization to Execute. Organization hereby covenants
22 that it has taken all actions necessary to make the adherence to
23 the obligations imposed by this agreement a binding obligation of
:l4 the organization.
25 13. Notices. All notices herein required shall be in
26 writing and delivered in person or sent by certified mail, postage
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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
Hispanic Chamber of Commerce
555 North "D" Street
San Bernardino, CA 92410
Attn: President
14. Entire Aareement. 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.
ATTEST
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
~//m.d:J6/f.~
sHAUNA CLARK
city Administrator
HISPANIC CHAMBER OF COMMERCE
9!7/ &2./
esident
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.~c;ntlemen
~e r~quest the use or Plaza Park to celebrate our Cineo de Mayo
~jesta on Naj 7th & 8th, 1994.
.e request sale of beer. We would like closure of 7th Street
between Nt. Vernon and alley in back of the shopping center at
the north side of park. We also request 20 tables, 20 trash
c~~s. also a large di~osaur ror our trash.
~s al~~ys we are requesting the ~er of fees and other
~.ssessr1ents.
r'~' f"~tr.er ~nfcrmation please contact Mr. Alfredo Enciso
2, (909) 888-2791. Thank you for your continued support.
:=incerely
cc/Ann P~mos-Parks & Recreation Director
Dan ~obbins-ChicF of Police
~ill Wright- EirecChief
,__1cf
1/~ P'
RECEIVED
.:.. ~~'?2JO !::r-~CISO
MAR ~ 1 1994
., W:. & COMM SV~.
PO Box 7300 . San Bernardino, CA 92411 . (909) 888-2188
94 96
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PARKS, RECREATION AND COMMUNITY SERVICES
APPLlCA TION/PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
Date of Application:
:< <::,/' a
.;; -::<. /- _ L
Name and Address of ApplicanVOrganization: /v / ), 17A If)
et2.oFC o/i IV :;~S-It./,
Facil~y Requested: ((J j It-l./! P /-? /! 1-<
, '
Date of Activ~y: /1.( 1~::; - f Time of Activrty: / "z A.M./IUA. To
Nature of ActivitylEvent ~<; iJ E /11;9 Ii u fif.=-..r -; /)
DescribePlannedActiv~ies: LJFL! J:1'/rJlrf//V jJJ~/Tj FODO 000, 1 HI; Bene
S'f-}Lf 1(:,5-/2;:'.4 ///L I}/J)/J n'U fJp(JF/T ()KG , O/sj)l/lVF
I /0 1'1 ' \I~f- I /1/'-'
Estimated Attendance: /1/ls Activity Open to the Public? -F- Admission Fee? /v J
WOO '000' 'm"""ooo m '",,"0 ".,~. ","m.' ''''? f r.r ~ ~
Time of Day Amplffier is to be Used: /.2. A.M.JFZ;M. To /0 .,A,.f;lJP.M. a.AI.. ~ 1/
(Section 12.80.130, Crty Municipal Code Applies.) if;"" ~ ~l-
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IJ / Il-It//C
,)dft)U, eu: 92 W
o f' /11
/ .A.M:/P.M.
HOLD HARMLESS AGREEMEr~
Applicant hereby acknowledges that helshe has read, understands, and will compl,' v.:th all provisions of Chapter 12,80, Municipal
Code, C~y of San Bernardino, California pertaining to use of Park and Recreation facil~ies" Applicant hereby assumes all
responsibility to leave areas in a neat and clean condition, Applicant agrees to hold harmless and indemnify the City of San Bernardino,
California, from any and all liability for injury to persons or property ocx:uring as a result of this activity and agrees to be liable to said
C~y for and all damage to any park, facil~y, building, pool, equipment, and furn~ure owned or controlled by City, which results from
the activity or permittee or is caused by any participant in said activ~y. ^
'NOTE: This perm~ is subject to cancellation by any Police Officer
who determines violation of any provision of the City Municipal Code.
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KEY DEPOSIT: Keys shall be returned wlth,n two (2) working days
after the event for which the key(s) is issued. If key(s) is not returned
prol1)ptly, the dopa,it shall be forleited.
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AILABLE: YES NO
SPECIAL CONDITIONS APPLy::::JL::: YES NO
FEESlDEPOSIT(S) REQUIRED: ~ YES NO
FEES: $i,h 7:J- RECEIVED BY:
ON RECEIPT #: BY:
DEPOSIT(S):.si~O;L.'-f RECEIVED BY:
DEPOSIT RETURNED TO: DATE:
o APPROVED 0 DISAPPROVED DATE:
CLEANING DEPOSIT: <<areaftacil~y is not left in clean cond~ion, the
depos~ shall be forle~ed,
Director, Parks, Recreation & Community Services
DISTRIBUTION:
WHITE: OEPT./FACIUTY
GREEN: APPLICANT f USER
CANARY: DEPOSIT FILE
PINK: POLICE DEPT.
GOLDENROD: RISK MGMT.
94 96
SPECIAL CONDITIONS OF PERMIT
As Part of the Public Park Use Permit, the following
represents an understanding between the city of San
Bernardino and ~L.A~ I) nWd~~ Ifr(f>-"~I/( cjj,. relating to the use
(applicant)
of l..A ?LA"LA-
(name of facility)
-p~,
for C. \ N<: c.) d... M,yyJ
(purpose of use) ('..,,:-tn. ~ 7 t.' Y
. ~ I (] /.-., ,\/l-C'">1 ~ 'J ?, 1
during the period r1o...I1 1; ~ .j-- I . to { tJ f /'v
(da~e and hour) (date and hour)
All requirements must be completed. Failure to complete
any of these conditions will be cause for immediate
termination of this 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 Departments.
Following is a list of permits, licenses and other
requirements:
1. FIRE DEPARTMENT PERMIT - Apply for this at the city
Fire Department, 200 E. Third Street.
2. ENVIRONMENTAL HEALTH ITINERANT PERMIT - Apply for
this at 385 N. Arrowhead Ave.
3. BUSINESS LICENSE - This includes a Business License
for each vendor and service provider.) Apply for
this at city Clerk's Office, Second Floor, city
Hall.
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4. ABC LICENSE AND TEMPORARY SELLER'S PERMIT AND SALES
AND USE TAX RETURN - (For Alcohol Sales) Apply for
this at the State Board of Equalization Office, 303
W. 3rd Street.
5. Permit authorizing Carnival and other outdoor
entertainment - apply for this at city Police Dept.,
Vice and Narcotics Division.
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 department 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.
SECURITY AND CROWD CONTROL
Applicant will provide security and crowd control for the
event on a 24 hour basis with a written duty schedule to
be provided to the Parks, Recreation and Community
services department and the Police 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 and/or day/night security guard.
CLEANLINESS OF FACILITY AND CLEAN-UP DEPOSIT
Applicant will provide for continuous clean-up 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
$ ~0Cl is required. The facili~ shall be
cleaned by applicant not later than ~ tM1 'it:!s..~/4~Y.
(Date/Tim ) ,
Cleaning Deposit shall be forfeited if, upon inspection
by a Parks, Recreation and community Services Department
representative, the facility has not been properly
cleaned.
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PORTABLE RESTROOMS
Applicant agrees to provide portable restrooms as ./
required for the anticipated attendance. Restrooms will
be strategically located and will be kept clean and
supplied by applicant.
EMERGENCY RESPONSE
Applicant agrees that in the event of an emergency
response by City forces as a result of activities of the
event, all salary and material costs shall be borne by
the applicant; 1. e., plugged sewer 1 ines, electrical /
failure, riots, mass arrests, major crime responses, etc.
ALOCHOLIC BEVERAGE SALES AND/OR CONSUMPTION
Alcoholic beverage use for any event on city property
must be approved by the City Administrator. In addition,
alcoholic beverage sales must be approved by the City
police Department and an ABC License must be obtained.
Alcohol use fees are $IOtJ.o. .
T
The Parks, Recreation and Community Services Department
will forward the request for Alcohol use to City
Admimistrator when the formal request is received and the
alcohol waiver fees are paid.
In the event that alcoholic beverage sale and/or use is
approved for this event, the applicant shall hold the
City Harmless from any potential liability claims
resulting from the sale and/or 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 requiring proper
identication when necessary.
CONTRACTURAL AGREEMENTS
Applicant shall furnish to the Parks, Recreation and
community services Department a copy of signed contracts
between applicant and any vendors or otherproviders of
services for the event.
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INSURANCE REOUIREMENTS
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 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
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 city's
contingent liability on such claims or losses resulting
from activities of the permit. An appropriate
certificate of insurance shall be furnished to the
Director of Parks, Recreation and Community Services.
Failure to provide insurance as stated herein will be
cause for immediate termination of this permit.
In addition, all vendors and service providers shall
provide certificates of Insurance in the amount of
$1,000,000 with the city named as additional insured.
BOND FOR DAMAGES AND OTHER UNFORESEEN COSTS
Applicant shall provide a damage bond in the amount of
$~Mf' to cover damages to City property and
e ipment which may occur and to recover other costs
which may accrue as a result of the scheduled activities.
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FACILITY USE FEES & DEPOSITS
FEES NON-REFUNDABLE
quip/Facility/Servo
Unit Quantity unit Price Extension
PICNIC TABLES
TRASH CANS
DINO BIN FOR TRASH REMOV L
ALCOHOL WAIVER FEE
FI RE PERMIT
PARK USE - 3 DAYS
GAZEBO - 3 DAYS
EXTRA SUPPLIES FOR R.R.
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20
1 LG.
2
$100 PER 0 Y
$ 97 PER 0 Y
$ 38.00
300.00
291.00
150.00
DEPOSITS (REFUNDABLE
YPE
CASH/CHECK
. DAMAGE BOND
CLEANING DEPOSIT
KEY DEPOSIT
24.00
TOTAL $ 8 024.00
DEPOSIT RETURNED TO:
(SPECIALCOND#2)
Signature
Date
Printed Name & Addrecc
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96
:'(1.
CITY OF SAN BERNARDINO - CIVIC AND PROMOTION FUND
REQUEST FOR FUNDING ASSISTANCE
,
1. Organization (Name, Addr.., etc.) , 'C. C
:_ .:rA/Lf/A/D E~?lRE/II.JP111/C
Ii! (! I /J (J X. 7:3 00
CinC( SUJ./;;:i
Number of Years in Existence
Activity fOf which funding is requested:
Date Submitted
2. Contact Person
Trtle
Phon.
4. Period of Support Requested oJ Date oC Event I.M
:; /) E /v! /l. (/0 fiS1n '-7 -1- 97'"'
5. Taxpay.rld.nliflca~nNumbQr '
5'
016 Facility Rental
017 Insurance
018 Decorations
019 Utilities:
Gas
Erectrical~
Phone __ 0 ~(/
Other
Sub-Total
.....,..,/, ;
,
-'''-'.
Ust Anticipated Funding/Revenue (Sources other than City)
Sour~
Estimated number of persons expected 10 attend this programlprojact
Budpl: k1....,
8udgll AcIuaI
0(_
l. -L-
023 Trophies
024 Scholarships
025 Celebrity Expenses
Accommodations
Lodging
Other
::::::u::.: J.~-
Parttime Salaries
%otimo
~~f~~ ~ ,'--
pen...:' I
010 Office Supplies
011 Postage
012 PrintIng
013 Equipment Rental
014 Security
015 Food/
Refreshments
ry
'.
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Cl'{
/; i..' /III., ,..
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nses:
Q ,
/lfVYO
GRAND TOTAL
: 1 o. Anticipated revenue from activity
~..:
TOTAL
Amount
.'3 - ,-
'} I, '" )
J _ ,';0
C'f 0 ')
~l" Total Amount Requfilsted from City: !'f; 880 Sent 10 Ways & Means Date:
A. Total Proposed Budgel Amount Action:
B. .L.iu: Other Funding Sources (- t:l, 0 Senllo Mayor & Council Date:
C, Tolal Amount Requested from City ~~ f) 0 (() Action:
.'\- -
12. Describe any additional assistance being requuT8d frOm the city: (Personnel, equipment, park area,
building\ etc.)
('(/. 1\ ' ,. j)/1/,-
A. .,.... _ ,'" I ,., \ "\
., '/1 . 1(./-' , . -I' '~/. .
-"(.J~/I.II. i'';''~''I-'.).~('t' -.~ ''/.
B. [) [I" "-;;'.1 r (~I tj ,;Jj!. /~ r
!
c. [)/!'
o t:
/. '- ~,
13. Signature of applicant
r
rv ~
.
Esllmated Costs
(To bo comploted by CIty) ,
!JI,l, 1:.. !,no,!".
r--
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I~.../
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NOTE: Please be prepared to submit an audit of your ffmmclslactfvltl.s, In the evenr such infarmarlon Is doemed necessary.
~ . Artach SKfJlCn Bna_~th~~.s.?~.~:~~?.!nfOrm8t10n. It 8PproprUl~:'_APPl.CAHT OTHEFlOEPTS:
Date:
