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CITY OF SAN BERN~EST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: Request for Civic & Promotion
funding and waiver of fees for Fiesta
Route 66 at Nunez Park on September
18,2004
Dept: City Administrator's Office
Date: September 13, 2004
Meeting Date: September 20, 2004
Synopsis of Previous Council Action:
July 21, 2003 - Council approves indirect funding of $9,243 and waiver of fees
September 8, 2004 - Ways and Means Committee recommends that the Mayor
approve the request for direct funding and a waiver of fees.
Recommended motion:
That the Mayor's action to approve direct funding in the amount of $4,522, indirect
funding in the amount of $5,478, and a waiver of fees and use of City personnel and
equipment to assist in the 2004 Fiesta Route 66 be ratified; and that $5,478 be
transferred from the FY 2004-05 Civic and Promotion fund various City departmental
accounts as listed in the attached staff report.
Contact person: Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: $4,522 direct; $5,478 indirect
Source: (Ace!. No,) 001-091-5186
(Ace!. Description) Civic & Promotion
Finance:
Council Notes:
'f/1DV8-
Agenda Item No. ~
STAFF REPORT
Subiect:
Request for Civic and Promotion funding for Fiesta Route 66 event, and waiver of fees
for use of personnel and equipment to assist with the event.
Backl!round:
Mr. Joe Rodriguez, on behalf of the Home of Neighborly Service, is requesting fmancial
assistance from the City in the form of a waiver of fees and direct funding in connection
with their "Fiesta Route 66" event, scheduled for September 18, 2004, in Nunez Park.
The attached letter of request was received from Mr. Rodriguez on Wednesday,
September 1. The letter explains that this event was previously conducted by another
organization in 2003 (the Gents), but has now been assumed by the Home of Neighborly
Service. The Fiesta Route 66 will continue to showcase many "lowrider" custom cars
and bicycles and embodies the spirit of the City's Hispanic community.
On September 8, 2004, the Ways and Means Committee discussed the attached Request
for Civic and Promotion funding which included a proposed budget, estimated revenue
from other sources, and the anticipated cost of the event to the organization. Mr.
Rodriguez also requested a waiver of fees for departmental personnel and equipment to
assist with the event. These fees are as follows:
DeDartmental Accounts
Police
Parks/Recreation
Amount
$4,028
$500
Public Services
Fire
Total
$750
$200
$5,478
(security for event)
(use of Nunez Park and community
center; alcohol beverage sales
permit)
(refuse - prelim. estimate)
(permit and inspection fees)
Non waivable fees and refundable security deDosits:
Parks & Recreation $3000 (Clean-up deposit)
Parks & Recreation $5000 (Damage bond)
It is noted that the estimated revenues and expenditures for the event, as provided in the
Request for Civic and Promotion funding, indicate that the event may be self-sufficient
without the City's financial assistance. However, staff discussed this with Mr. Rodriguez,
and he indicated that the event's new sponsors do not have sufficient funding in place to
cover the event's up-front costs; therefore, direct funding is being requested in the
amount of $4,522. In addition for paying for other event expenses, this direct funding
will also be used to pay for the required damage bond, which is estimated to cost $500.
It was noted at the Ways and Means Committee that since the next Council meeting
would occur on September 20, two days after the event date of September 18, approval of
the request could be made by the Mayor with subsequent Council ratification. The
Committee recommended that the Mayor approve the request.
On September 8, the Mayor approved the request subject to certain conditions. Those
conditions were incorporated into the Agreement between the City and the Home of
Neighborly Services, which has been executed by both parties (see attached memo and
Agreement).
Financial ImDact:
$4,522 in direct funding, and a waiver of fees for City personnel and equipment in the
amount of $5,478 from the Civic and Promotion fund constitute the costs to the City for
this event, for a total of $10,000 in funding assistance. Provided as an attachment is a
matrix for the FY 04/05 Civic and Promotion fund which indicates the availability of
funding.
Recommendation:
That the Mayor's action to approve direct funding in the amount of $4,522, indirect
funding in the amount of $5,478, and a waiver of fees and use of City personnel and
equipment to assist in the 2004 Fiesta Route 66 be ratified; and that $5,478 be transferred
from the FY 2004-05 Civic and Promotion fund to various City departmental accounts as
listed in the attached staff report.
ofOJiJiQ.
... Ty or W CObM
04 S"p.. S>1N 8r~Xl:[tl
1;, ~ I .;/110/
Pit I: 44
August31,2004
City of San Bernardino
Ways and means Committee
To Whom This May Concern:
I'm writing this letter in respect of our San Bernardino's armual westside 'Fiesta Route- 66' Committee.
We have plarmed this year's event to take place at Nunez Park, September 18,2004. lla. To 6p.
We have continued to have great success with this event (the only major event) on behalf of this westsidl
community that non-profits benefit. The Home of Neighborly Service will be the host non-profit (SOI-c3:
agency. If you are not familiar with the 'Home' this is a community service agency that provides support
for all residents through the process of Federal, County and City grants. Some funded programs are in
collaboration with various inter-agency's such as Senior Nutrition, Boys & Girls Scouts, after school
tutoring, youth mentoring and home to the largest youth boxing program in this City. These are just a fe,
of the programs this agency provides to our community. The Board of Directors has approved the hostin,
of this event.
Due to our timeline, we are in need of funding. This year's budget has been cut by SO%. This is largely
due to economic circumstances beyond our control. Personally, I have responded to our request to the
Way's and Means Committee. This year I had plarmed to allow others to take care of this plarmed event,
yet due to the previous Organization negating to promote this event fully I decided to continue with this
promotion.
Attached is the following budget proposed for this year's event to take place. We understand your timeliJ
for this type of application and appreciate any consideration in this matter with what you may be able to
support.
I'm requesting that this request be acknowledged on your next agenda meeting.
Sincerel
AGREEMENT
Civic and Promotional
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City" and HOME OF NEIGHBORLY SERVICE, a non-
The parties agree to as follows:
1. Recitals.
A. Organization has requested financial assistance from City for the
Fiscal Year 2004/05, in order to assist in defraying the expenses connected with the conduct of
events related to their 2004 Fiesta Route 66 celebration, as outlined in their Request for Funding
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND FOR FINANCIAL
1 HOME OF NEIGHBORLY SERVICE FOR ASSISTANCE FROM FY 2004/05 CIVIC
AND PROMOTION FUND.
2
3
4
3.
Use of Funds.
5 The funds paid to Organization shall be used solely for the purposes set forth in
6 Paragraph 1 above. No deviation from these provisions shall be made without the express
7
approval of the City of San Bernardino. Any unexpended net revenues shall be retained by
8
Organization and set aside to provide "seed" money for the 2005 Fiesta Route 66 event.
9
10
11
12 accepted accounting principles by Organization in such manner as to permit City to easily trace
13
4.
Accountability.
Financial records shall be maintained in accordance with generally
the expenditure of the funds. All books and records of Organization are to be kept open for
14 inspection at any time during the business day by the City or its officers or agents. Failure to
15
submit the financial records in accordance with this section will result in the Organization
16
reimbursing the City in the full amount received by Organization. At the conclusion of the
17
18 program, Organization shall present the City Administrator or his designee a written accounting
19 of all expenditures and revenues connected with said event. Organization will further supply
20 City with any and all receipts relating to accounting of expenditures if so requested by City.
21
22
23
If
Organization does not submit an accounting of expenditures and revenues which City deems
appropriate, such failure will result in the Organization reimbursing the City in the full amount
received by Organization.
24
25
26
5.
Future Planning
a. A proposed budget and action plan for the 2005 Fiesta Route 66 event
27 shall be submitted to the City Administrator's Office on or before February 1, 2005. Should
28
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND FOR FINANCIAL
HOME OF NEIGHBORLY SERVICE FOR ASSISTANCE FROM FY 2004/05 CIVIC
AND PROMOTION FUND.
1
2
3 Organization fail to submit the proposed budget and action plan by that date, no request for civic
4
and promotion funding assistance shall be considered for the 2005 event.
5
b.
Any request for civic and promotion funding assistance for the 2005 Fiesta
6 Route 66 event shall be submitted to the City Administrator's Office on or before May 1, 2005.
7
Should Organization fail to submit the request for civic and promotion funding assistance by that
8
date, no request for civic and promotion funding assistance shall be considered for the 2005
9
event.
10
11
12
13
14
15
16
17
18
6.
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 ofthe 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
19 activities of Organization. The costs, salary and expenses ofthe City Attorney and members of
20
21
22
his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
for the purposes of this paragraph.
7.
Insurance.
23
While not restricting or limiting the foregoing, during the term of this
24
agreement, Organization shall maintain in effect policies of comprehensive public, general and
25
26
automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single
27 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally
28
1
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND FOR FINANCIAL
HOME OF NEIGHBORLY SERVICE FOR ASSISTANCE FROM FY 2004/05 CIVIC
AND PROMOTION FUND.
2 insured. Said coverage shall require ten (10) day written notice to the City if insurance is
3 terminated or materially altered.
4
5
6
7 to Organization and this agreement shall terminate ten days after the mailing of such notice. In
8
9 any purpose other than those authorized, any unexpended portion of the funds provided by City
10
11
12
13
14
15
16
17
18
8.
Termination.
City shall have the right to terminate this agreement by mailing a ten-day written notice
the event this agreement is terminated for reasons of improper use of funds or use of funds for
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.
9.
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.
10.
Notices.
All notices herein required shall be in writing and delivered in person or
19
Sent by certified mail, postage prepaid, addressed as follows:
20
21
22
23
24
25
26 I! I
27
28
As to City:
As to Organization:
City of San Bernardino
Home of Neighborly Service
300 North "D" Street
839 W. Mt. Vernon Avenue
San Bernardino, CA 92418
San Bernardino, CA 92411-2737
Attn: City Administrator
Attn: Amparo Olguin
II!
1
2
3
4
5
6
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND FOR FINANCIAL
HOME OF NEIGHBORLY SERVICE FOR ASSISTANCE FROM FY 2004/05 CIVIC
AND PROMOTION FUND.
11.
Entire Agreement.
This agreement and any documents or instruments attached hereto or
7 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
8 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
9
of conflict between the terms, conditions or provisions of this agreement, and any such document
10
11
12
13
14
15
16
17
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.
By.
18
19
20
21 Approved as to form
and legal content:
22
23
HOME OF NEIGHBORLY SERVICE
Uk ~
By.' :~A>A
Amparo Olguin, Directo
James F. Penman
City omey
t.~
24 By:
25
26
27
28
SAN BERNARDINO
REQUEST FOR CMC AND PROMOTION FUNDING (PART I)
Name of Organization ~~ "f? /1/6"'1' 'H6'O
~. 4;?; tYDe1.V1lf
8;::- J""1 J Contact Person ~ vGZ-
Designation of501 c (3) non-profit status of Organization (Attach d: Yes~o-.J
J?~t/;u-
6{3 qz...,JI-z137
Address ~.;"
ho
AX
-
Ir
Date of Event ..xl.. /
Purpose of Funding _/ /.
e:V61/IT .:
Estimated No. of Attendees
~ '.Ie
PROPOSED CURRENT BUDGET
A. REVENUES: ist all antici ated revenues other than Ci of San Bernardino
AMOUNT
TOTAL
Promotions
Donations
'j
0-
()..i'
-
A. TOTAL PROPOSED REVENUES
II <j S~
I
. . MUST BE SUBMITTED TO CITY ADMINISTRATOR'S OFFICE 60 DAYS PRIOR TO EVENT FOR WmCH FUNDING IS REOUESTED. NO EXCEPTIONS.
. NAME OF ORGANIZATION:
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (pART II)
B. EXPENDITURES: (Include all known direct expenses connect with event)
EXPENSES AMOUNT TOTAL
Personncl/Salaries
Permits
Fire .....Q;3
Bus. Lie. -;;; ~
ABC -=< ~ /"::
Other 7:...1 c. - ...--.. I, ''',r-lIJr#/ <.'7J .
Insurance /' .
City of SB Attached (Yes ..PNo if)
Park Damal!;e Bond , '" ~""/).
Park Clean Uo Deoosit/Damage Bond "7 .<~ ~
Security
S.B.P.D ./
Private Security ~
Other .
Advertising
Radio
Newsoaoer
Banners r
Flyers '/7/'1t"')
.
Other
Entertainment
Music ./.... .A/'j
Sound Svstem ~
Other
Promotional Items
Troohies ----
Plaaues 7 77J?
T-Shirts
Other
Sanitation
Portable Restrooms ~
Special Events
Banquet Facilities
Parade
Other
B. TOTAL PROPOSED EXPENDITURES / (/tJS--:;-
Summary:
A. Total Revenues
C. Total Fee Waivers-
(from Part III)
$ //.//J'?J.
,
$ /~I 053-:-
$ <r;7~O,
D.
Total Amount Requested from City
$ /O.ClI?JO_
.
B. Total Expenditures -
NAME OF ORGANIZATION:
REQUEST FOR CIVIC AND PROMOTION FUNDING (pART III)
REQUEST FOR FEE WAIVERS
(List all City services for which you are requesting fee waivers)
C. Fee Waivers Amount
Police
Security w-
Traffic Control
Fire
Site Inspections ~-
Crowd Control
Facilities
Sound Svstem
Civic Center Use Permit ,/
Public Services
Refuse Bins Y'B-
Street SweeniDl!
Development Services
Planninl! TUP
Buildinl!
Other (Explain) refund of insurance pavrnent
7/d'.Yl / .,
Total Amount of Fee Waivers (In-Kind Services) WfPG
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Public Works
Development Services
Facilities
Previous Year's Accounting Reviewed: Admin:
Finance
~ O,e~/IIV;<I1T7&A/:
FIESTA ROUTE-66.........
Expenses
Item Cost Inkind
Parks & Rec's San Bdno......... .......................................... .................240.
SB. Fire Dept. ..................................................................... 80.
SB. Police Dept. ................................................... .................. 4800.
Private Patrol ............ ......... .................. ......... ................... .1100.
Portable Toilets ........................ ......... ................................... 960.
Certificate of Insurance ... ......... ... ...... ......... ...... ..... .... ... ...... ... ...... .... 600.
Advertising ............... .................................................... 1500.
Entertainment ............................................................... .....2000.
Awards! Raffle items ............... ......... ......... ................................... 600.
Clean up Detail
Volunteers
Beverage License
Business License
Environmental Fee
Anhueser Busch
Abbotts Rentals
Sound! Staging
500.
1000.
.................................................................... 30.
.................................................................... IS.
.................................................................... 50.
.................................................................... 1300.
.................................................................... 700.
.................................................................... 900.
Total............... $ 10,075.
2m3 (ca4)
Revenue
Item Aunount
Vehicle Registration.............................. 120 x $15. ea. = $1800.
T-Shirt Sale
Food Booths
Beverage Sales
106 x 10.
= 1060.
= 1000. IltID 'f;b;:' 1./-'600 7
~ - .1000
<9
= 2900. 0500
6700.
10 x 100.
..(per cup) less $1300..... 1600 x 3.
Total
~
~IIO!Af2-('HjJJ~OW: ~rJO().
IJ;Nt! . '100 .
BUDGET: FIESTA ROUTE 66 ~
ITEM
DESCRIPTION
COST
SB Parks & Rec's (BOND) $6000.
User- Fee Park Use 200.
SBPD Public Safety 4000.
Private Security 800.
Portable Restrooms Public use facility X 12 @ $60 ea. 720.
Certificate of Insurance Liability ( to include $1,000,000.) 600.
Advertisement Posters, flyers & T-shirts 1000.
Entertainment Bands, Staging & Misc. 2000.
Awards Carl Byke Show Participants 500.
Volunteers Transportation/ Food-Drinks 600.
( Less Park Bond 6000 ) Total: 10420.
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CITY OF SAN BERNARDINO
MAYOR'S OFFICE
INTEROFFICE MEMORANDUM
Fred Wilson, City
/
'" strator
TO:
,
FROM:
SUBJECT:
romotion Funds for Fiesta Route 66
DATE:
September 8, 2004
COPIES:
Barbara Pachon; Lemuel Randolph
I understand that the Ways and Means Committee voted unanimously to recommend civic and
promotional funding in the amount of $4,522 in direct funding and $5,478 in indirect funding for
the Fiesta Route 66 event on September 18, 2004.
I am approving the request, authorizing you to issue payment for the direct funding, and
authorizing the waiver of fees and use of City personnel and equipment to assist in the event.
Please prepare an Agreement with the Home of Neighborly Services (the Organization) that
includes the following conditions for the funding:
. Any unexpended net revenues shall be retained by Organization and set aside to provide
"seed" money for the 2005 Fiesta Route 66 event.
. 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. Organization will further supply City with any and all receipts relating to
accounting of expenditures if so requested by City.
. A proposed budget and action plan for the 2005 event must be submitted to the City
Administrator's Office by February I, 2005.
. Any request for civic and promotion funding for the 2005 event must be submitted to the
City Administrator's Office no later than May 1, 2005.
If you have any questions or would like to discuss this issue further, please let me know.
,
. .
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
,.
September 23, 2004
. Mr. Joe M. Rodriguez, Chairman
Home of Neighborly Service
839 N. Mt. Vernon
San Bernardino, CA 92411-2737
Dear M~uez:
At the Council meeting held on September 20, 2004, the following action was taken relative to
your request for a waiver of fees:
That the Mayor's action to approve direct funding in the amount of $4,522, indirect
funding in the amount of $5,478, and a waiver of fees and use of City personnel and
equipment to assist in the 2004 Fiesta Route 66 be ratified; and that $5,478 be
transferred from the FY 2004-05 Civic and Promotion fund to various City
departmental accounts as listed in the staffreport dated September 13, 2004, from Fred
Wilson, City Administrator.
If you have any questions relative to the waiver of fees, please contact City Administrator Fred
Wilson at (909) 384-5122.
Sincerely,
Ck~ }.1 C&,....Je..
Rachel G. Clark, CMC
City Clerk
RGC:ls
cc: Fire Department
Parks, Recreation and Community Services Department
Police Department
Public Services Department
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human DiJ!,nity' Honesty