HomeMy WebLinkAbout1992-142
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RESOLUTION NO. 92-142
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER
3 OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND
PROMOTION FUND FOR FISCAL YEAR 1991-92.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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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 Inland Empire Hispanic Chamber of Commerce, a
marked Exhibit
"All
and
is
attached hereto,
copy of which
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. The authorization to execute the above referenced
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agreement is rescinded if the parties to the agreement fail to
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within
passage
of
this
sixty
of
the
execute it
(60)
days
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
reqular meeting thereof, held on the 20tch
day
of April
, 1992 , by the following vote, to wit:
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RESOLUTION AUTHORIZING .~.!":~EEMENT WITH INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE FOR CIVIC AND PROMOTIONAL FUNDING.
Council Members
NAYS
ABSENT
ABSTAIN
AYES
ESTRADA
...lL-
REILLY
...lL-
HERNANDEZ
...lL-
MAUDSLEY
-X-
MINOR
---l!;
POPE-LUDLAM
-X-
MILLER
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City Clerk
. The foregoing resolution is hereby approved /:,'1is 24th
day 'of Jpti.L, 1992. ;::/
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',?y/l /
W. R. olcomb, Mayor
City f San BernardinQ
20 Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
'J. /1 P
BY',' 7'''''''' r. . ,~".".~.
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City of S Bdno Res 92~142 adopted 4/20/92
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A G R E E MEN T
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.
Organization has requested financial assistance from
fiscal year 1991-92, in order to assist in defraying
of certain events or activities sponsored by
Organization as outlined in their letter to the city dated April 2,
1992 and the memorandum from the Director of Parks, Recreation and
community Services, also dated April 2, 1992, copies of which are
attached marked Exhibit "A" and "B". 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 promotion of the Hispanic Community's
celebration of Cinco de Mayo.
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A.
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City for the
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the expense
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2 2. Pavment. Upon presentation of a claim to the ci ty
3 Finance Director, city shall pay to Organization from the budget
4 for the 1991-92 fiscal year, the total sum of five thousand dollars
5 ($5,000.00) dollars to cover the costs per the request by the
6 organization.
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8 3. Use of Funds. The funds paid to Organization shall be
9 used solely for the purposes set forth in Paragraph 1 and in strict
10 compliance with the provisions set forth in the letter and
11 memorandum stated above. No deviation from these provisions shall
12 be made without the express approval of the City of San Bernardino.
13 Any unexpended funds shall be returned to the City by Organization.
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15 4. Accountinq. Organization shall provide an accounting of
16 all expenditure of revenues accruing to the Organization for the
17 fiscal year ending June 30, 1992. Financial records shall be
18 maintained in accordance with generally accepted accounting
19 principles by organization in such a manner as to permit City to
20 easily trace the expenditures of the funds. All books and records
21 of Organization are to be kept open for inspection at any time
22 during the business day by the City or its officers or agents.
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24 5.
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27 fees),
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Hold Harmless. Organization covenants and agrees to
indemnify, and hold harmless the City and its employees and
from all liabilities an charges, expenses (including counsel
suits, or losses however occurring, or damages arising or
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1 growing out of the use or receipt of the funds paid hereunder and
2 all operations under this agreement. Payments hereunder are made
3 with the understanding that the city is not involved in the
4 performance of services or other activities of organization.
5 Organization and its employees and agents are independent
6 contractors and are not employees or agents of the City in
7 performing said services.
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9 6. Termination. city shall have the right to terminate this
10 agreement and any funding remaining unpaid hereunder for any reason
11 by mailing a ten-day written notice to organization and this
12 agreement shall terminate ten days after the mailing of such
13 notice. In the event this agreement is terminated for reasons of
14 improper use of funds or use of funds for any purpose other than
15 those authorized, any unexpended portion of the funds provided by
16 City shall be returned to city. In addition, Organization shall
17 reimburse to city any funds expended which were used for any
18 purpose other than those authorized under this agreement.
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20 7. Insurance. Organization shall take out and maintain
21 during the life of this Agreement such public liability and
22 property damage insurance as shall insure City, its elective and
23 appointive boards, commissions, officers, agents and employees,
24 permittee and its agents performing acts covered by this Agreement
25 from claims for damages for personal injury, including death, as
26 well as from claims for property damage which may arise from
27 organization's or its agents' operations hereunder, whether such
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1 operations be by Organization or its agents or by anyone directly
2 or indirectly employed by either Organization or its agents, and
3 the amount of such insurance shall be as follows:
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a.
Public Liability Insurance. In an amount not less than
5 $100,000 for injuries including, but not limited to, death to any
6 one person, and subject to the same limit for each person, in an
7 amount not less than $100,000 on account of anyone occurrence;
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Property Damage Insurance. In an amount of not less than
b.
9 $50,000 for damage to the property of each person on account of any
10 once occurrence.
city shall be set forth as additional named
11 insured in each policy of insurance provided hereunder.
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Organization hereby covenants that it has taken all
14 actions necessary to make the adherence to the obligations imposed
15 by this agreement a binding obligation of the organization.
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17 10. Notices. All notices herein required shall be in writing
18 and delivered in person or sent by certified mail, postage prepaid,
19 addressed as follows:
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As to City:
As to Organization:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Inland Empire Hispanic
Chamber of Commerce
P. O. Box 7300
San Bernardino, CA 92411
11. Entire Aareement.
This agreement and any documents or
instruments attached hereto or referred to herein integrate all
terms an conditions mentioned herein or incidental hereto,
and
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AGREEMENT WITH INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE FOR
PROMOTIONAL FUNDING.
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2 supersede all negotiatioas and prior writing in respect to the
3 subject matter hereof. In tha event of conflict between the
4 terms, conditions or provisions of this Agreement, and any such
5 document or instrument, the terms and cJnditions of this
6 Agreement shall prevail.
ATTEST:
CITY OF SAN BERNARD;MO
"/,
City Clerk
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M<:.yor
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INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCL
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Approved as to form
17 and legal content:
18 JAMES F. PENMAN,
City Attorney
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By: .,L
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City of S Bdno Res. 93-142 adopted 4/20/92
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(jlwmlx~/;I' 6~lmerce
Honorable W.R. Holccxnb and Ccxtm:>n Council
City Hall
300 N. "D" street
San Bernardino, Ca. ,92401
April 2,1992
Dear Mayor and Council;
As in our annual request for the use of Nunez Park, the Inland
Einpire Hispanic Chamber of Conrnerce is proposing to host tIolO-three
day celebrations in conjunction with a mini business exposition
providing opportunities for entrepreneurs to showcase their wares
and services.
A major purpose of the fiesta is to attract aspiring entrepreneurs
to conduct business within the city of San Bernardino utilizing
local resources. These projects will attract new jobs and contribute
to the city's tax base.
In order to make these projects a reality, funding is of the ubnost
importance. Therefore the LE.H.C.C. is requesting a grant of
$25,000 to help defray the costs of these important ccmnunity
projects.
We look forward to your continuing support and assistance in making
these events a success and reflecting the teamwork of the City
of San Bernardino and the Hispanic Chamber in a positive manner.
Together bringing pride and joy to our community.
Should you have any questions, please call me at 884-4186.
Most Sincerely,
~E~1/
J ~0dent
LE.H.C.C.
c.xHIBlt '~.
P.O. Box 7300 . 972 Mount Vernon Avenue' San Bernardino. CA 92411 . (714) 888-2188
APPLICANT:
FACILITY:
IlM'E OF USE:
Inland Empire Hispanic
Chamber of Commerce
Nunez Park
Mav 1. 2 .
& 3. 1992
SPECIAL CONDITIONS OF PERMIT
As part of the Public Park Use Permit, the following represents an
understanding between the City of San Bernardino, hereinafter
referred to as City, and the Inland Empire Hispanic Chamber of
Commerce, hereinafter referred to as Chamber, relating to the use
of Nunez Park during the Cinco de Mayo Celebration from May 1, 1992
through May 3, 1992. The Chamber will begin setting up for the
fiesta on April 29, 1992 and will be completing the clean-up
processes on May 4, 1992.
1. The Parks, Recreation and Community Services Department
Department will provide on Thursday morning,
8:00 AM, April 30, 1992, additional seating for 700
people, 24 additional trash cans and 20 additional
picnic tables and keys to electrical panels. The
Chamber shall supply the manpower for set-up and
take down. Responsible representative of the
Chamber shall be present at the time of delivery
and shall sign the Temporary Equipment Use Receipt
before items are unloaded by the Park Staff.
Following the event, the Chamber shall take down and
assemble the equipment and panel keys for pick-up
by the city. Pick-up shall be at 8:00 AM on
Monday morning, May 4, 1992, so as to require
the minimum amount of security time on the part of the
Chamber. A copy of the Temporary Equipment Use
Receipt, indicating the equipment returned, will be
given to the representative of the Chamber at that
time. Any shortages or damages to the property/equipment
will be the responsibility of the Chamber.
2 The Chamber will provide security 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 City Police Department
not later than April 27, 1992, together with the
name and telephone number of the Chamber representative
responsible for security.
3. The Chamber will provide for continuous clean-up
during the event and will leave with the Department
a $500 cleaninq deposit not later than April 27..
1992. This deposit will be utilized to defer
potential extra manpower cost which may be required
SPECIAL CONDITIONS OF PERMIT
PAGE 2
if the park is not left in a clean and orderly
condition. Park must be cleaned by 12:00 noon on
May 4, 1992. The Area Park Supervisor will sign
off the deposit upon satisfactory inspection of the
site.
(a) The city will provide trash cans and a large bin
for refuse for the event.
(b) The Chamber agrees to provide personnel to
empty 30-gallon capacity trash receptacles into
the trash bin provided by the Refuse Division,
prior to 1:00 PM, Saturday, May 2, 1992
at which time Refuse Division will empty the large
bin.
4. The Police Department will prepare an operation plan
to provide police protection during the hours of
activities for participants of the celebration. The
staffing levels, shifts, and hours will be determined by
the Incident Commander for the event. The staffing
will be comprised of a combination of regular police
officers and reserve officers.
5. In the event of an emergency response by city Personnel
as a result of the celebration, all salary and material
costs shall be borne by the Chamber, i.e., plugged sewer
lines, electrical failure, riots, mass arrests, major
crime responses, etc.
6. All necessary permits and licenses required for the
various activities and events to be conducted throughout
the celebration, shall be the responsibility of the
Chamber to obtain 72 hours prior to the commencement of
the Festival. Proof of same shall be provided to Parks,
Recreation and Community Services Department by
April 27, 1992.
7. The Chamber shall hold the City harmless from any
potential liability claims resulting from the sale of
alcoholic beverages on park premises.
8. The Chamber and its authorized beer merchants will
strictly enforce all ABC laws with particular attention
to selling beer to minors, selling beer to intoxicated
persons, and requiring proper identification when
necessary. All beer will be served onlY in paper cups.
SPECIAL CONDITIONS OF PERMIT
PAGE 3
9. The live entertainment area will be designated as a
"beer garden" area during the hours of the celebration.
Beer purchased at the celebration shall be consumed any-
where within the beer garden area. The Chamber will post
signs in both English an Spanish at all main entrances to
the park with any alcoholic beverages. The Chamber will
also provide signs in both English and Spanish at the
entry way from the entertainment area to the Carnival
area that no beer is allowed in the carnival area. Trash
receptacles will be placed by these entrances to limit
littering and to encourage compliance.
10. The carnival activities to be conducted shall be subject
to the following conditions with documentation to be
furnished to the Parks, Recreation and Community Services
Department Administration Office not later than
April 27, 1992.
(a) Proof of liability insurance. The citv of San
Bernardino shall be named as additional insured.
(b) Design layout of rides, booths, etc.
(c) If food is to be served, proof of health
certificate.
(d) Copy of Business and ABC Licenses permitting beer
sales.
(e) Copy of Environmental Health Department Itinerant
permit.
(f) Copy of Fire Department Permit/Application for
inspection and authorization to operate at the
facility; and a copy of the Fire Department Inspec-
tion Report.
(g) copy of permit authorizing carnival and other
outdoor entertainment. Outdoor entertainment, i. e. ,
food booths, game booths, entertainment rides, must
be approved by the Police Department (vice and
Narcotics Division). police Department will
determine fees and issue a permit.
(h) Copy of city Business License permitting carnival
to operate in San Bernardino.
(i) Rider vendors will be in compliance with all
California State Division of Occupational Safety
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SPECIAL CONDITION OF PERMIT
PAGE 4
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
personnel requests to inspect their ride permits.
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 personnel on scene and fully cooperate
with the investigation.
11. Each night during the celebration, the following schedule
shall be adhered to:
(a) Beer sales shall terminate at 9:00 PM.
(b) Ticket sales for carnival rides shall terminate
at 9:30 PM.
(c) All entertainment and carnival rides shall terminate
operations at 10:00 PM.
(d) Food sales shall terminate at 10:30 PM.
- (e) The park shall be closed at 11:00 PM.
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12. Chamber shall furnish to the Parks, Recreation and
Community Services Department Administration Office a
copy of the signed contract between the carnival Operator
and the Chamber along with a copy of Carnival Insurance
with city of San Bernardino named as additional insured
not later than April 27, 1992.
13. Chamber shall provide a bond in the amount of $2,000 to
to cover damages to City property and equipment which may
occur and to recover other costs which may accrue as a
result of the activities.
14. The Chamber, in concert with "The Gents" organization is
sponsoring a 5K/10K Run as part of the festivities. This
Run is a fundraiser for the Jess Arias scholarship Fund
for Hispanic Students in Law and Public Policy. The Run
will be held on Sunday Morning, May 3rd, from 6 A.M. to
10:30 A.M. This event will be conducted in accordance
with the requirements of the City Police Department. The
Chamber, The Gents and all those involved with the Run
shall be responsible for assuring that all laws and
requirements as stipulated by the Police Department are
4/2/92
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strictly enforced.
Run) .
(See attached map for route of the
WORK SHEET FOR FEES/DEPOSITS/MISC. COSTS
Fees
10 Sets of Bleachers
20 picnic Tables
24 Trash Cans
Ballfield Lights
Community Center Rent
Park Use Fee
Alcohol Waiver
$1,260
225
60
360
708
300
100
Total Park Fees
$ 3,~
Refuse charges (2 days Service)
518
Fire Permit
38
Total Other Fees
$ 556
Misc. Manpower & Materials from
other Departments (Includes plumbers,
electricians, inspectors, laborers,
traffic control equipment. etc.)
2,700
Police Manpower Costs
9,987
12. Ei87
Grand Total of Fees/Costs
$16,!'m
DEPOSITS
Clean-up
Bond for Damages
Key Deposit
$ 500
2,000
50
$2,550
Total Deposits
4/2/92
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