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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Councilman Dennis J. Baxter
Second Ward
Subject: Resolution Authorizing the
the Mayor to execute an agree-
ment between the City of San
Bernardino and the Patrons of
the Roosevelt Bowl to provide
support services for Market
Night at Perris Hill Park
Dept.
Council Office
Date:
March 13,2006
MCC Date:
March 20, 2006
Synopsis of Previous Council Action:
ORJGJf\.
. L_
Recommended Motion:
Adopt Resolution.
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Signature
Contact Person: Councilman Dennis J. Baxter
Phone:
5222
Supporting Data Attached: Staff Report/Resolution
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
Council Notes: :J. O{) fo '" g I
Agenda Item No.
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CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT
SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK
The Patrons of the Roosevelt Bowl (Patrons) is incorporated as a 501.c.3 non-
profit organization for the purpose of providing fmandal, physical, and program
support for arts, culture, entertainment, and community activity at the Roosevelt
Bowl Outdoor Amphitheater (Bowl) in San Bernardino's Perris Hill Park (Park).
The Patrons of the Roosevelt Bowl Articles of Incorporation specify that the
residents of the City of San Bernardino and this particular city-owned facility will
be the sole benefactors of the Patrons activities.
No one can forget July 13, 2003 when the San Bernardino Farmers Fair and
Market Night opened with over 100 vendors and crowds so large that additional
cars looking for a place to park were turned away. The following Tuesday nights
were an enormous success. Within weeks, additional street parking was added
and a new driveway was installed to the west parking lot. It seemed like San
Bernardino had a winner on its hand and spirits could not have been higher.
Then came Saturday, October 25th, the 3rd Annual Jazz Festival had just gotten
underway in Perris Hill Park, when the "Old Fire" roared down the canyon taking
more than 400 homes. The City of San Bernardino went into shock. Not even an
aggressive advertising campaign and collecting donations for the victims
throughout the winter and spring could bring people back. Soon the vendors
began to slip away and Patrons started struggling fmancially. In May of 2004, a
festive Grand Opening failed to attract a crowd and, in spite of similar attempts,
the crowds and vendors continued to remain stagnant until the market closed
after Labor Day in 2004.
That winter, the Executive Director of the 66er's Arrowhead Stadium, Dave
Oldham, and Larry Sharp, CEO of the Arrowhead Credit Union approached
Councilmember Susan Longville proposing to "import" the market to the stadium
for all home games, plus a Perris Hill market during Junior University. The
Board of Directors voted to give it a try. A lesson was learned: farmers balked at
the concept and the entire season netted less than $500 profit.
At this time, with a new Mayor and a community pulling together as evidenced
by Mynesha's Circle and the March for Peace that brought out 1,000 people, the
opportunity to utilize the market as a positive force for change exists. Former
Councilmember Susan Longville was elected as President of the Board and she is
committed to bringing the market back to its former glory and unrealized
potential.
This item did not go to Ways & Means Committee because time is of the essence
NOW to recruit vendors before seasonal commitments on Tuesday nights are
made elsewhere.
The Grand Opening will occur when the market has reached a threshold of
vendors and farmers that was established by the Board. An experienced local
vendor, Joe Margolis, whom the Board respects from his many years of
experience working at local markets, is ready to take on the recruitment and
management of the market. The manager is also responsible for verifying that
vendors have a valid business license, or filling out the application and collecting
the City's special license fee that is delivered to the City Clerks Office. A County
Health Department permit will be obtained for food vendors. The street banner is
being repaired with a new attachment that reads "Watch for Grand Opening
Date". It will be installed as soon as possible.
This is an investment in the City's quality of life. As before, the City can
terminate the agreement with 30 days notice should the need arise.
I urge your support of this resolution.
Recommended Action
To adopt the resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT
SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK.
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 if hereby
authorized and directed to execute on behalf of said City an Agreement with
the Patrons of the Roosevelt Bowl regarding support services for Market
Night at Perris Hill Park, a copy of \vhich is attached hereto, marked Exhibit
"A" and incorporated herein by reference as though fully 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 passage of this resolution.
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RESOLUTION OF THE MAYOR Al\D COMMON COUNCIL OF THE CITY OF
SA;\! BERNARDINO AUTHORIZING THE MA YOR TO EXECCTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS
OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT SERVICES FOR MARKET
NIGHT AT PERRIS HILL PARK.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 1'v1ayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTIV\DA
BAXTER
MC GINNIS
DERR'{
14
KELLEY
16
JOHNSON
!\1C CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2006
Patrick 1. Morris. Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMl:;;S F. PENMAN ......).
City &\;~torneY/l .
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City" and Patrons of the Roosevelt Bowl (a50 1 (c)(3) non-profit
organization), referred to as "Organization".
The parties agree to as follows:
1. Recitals.
A. Organization has requested support services from City in order to assist in
defraying the expenses connected with the conduct of events related to their
"Market Night" Program at Perris Hill Park for the purpose of generating
revenues to be used for improvements at the Roosevelt Bowl, a city-owned
facility.
B. The support services provided by the City are for a valid municipal purpose,
to wit: for the conduct of events related to the Organization's Weekly Market
Night Program in Perris Hill Park for the purpose of generating revenues to be
used for improvements at the Roosevelt Bowl, a City-owned facility.
Furthermore, the Patrons of the Roosevelt Bowl was established for the sole
purpose of providing financial, physical, and program support for arts,
culture, entertainment, and community activity at the Roosevelt Bowl
Outdoor Amphitheater in San Bernardino's Perris Hill Park.
C. The weekly Market Nights at Perris Hill Park will be held during the months
of April through September and during the month of December.
2. Term.
Based upon the recitals contained herein, this Agreement is for a twenty-four- (24)
month period beginning April 17, 2006, and ending on April 16, 2008. It is
renewable bi-annually upon written mutual agreement by both parties.
3. Support Services.
City agrees to provide the following:
"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
Electricity: The City will provide the electricity necessary to run the event.
Parking/Signage/Barricades: The City will provide 25 temporary "No parking after
3:00 p.m. on Tuesday" signs that Patron staff will post on the park roadway on the
morning of each event. The City will also provide barricades for Patron staff to close
the roadway for the event.
Parks & Recreation Storage: The City will provide storage space at Fiscalini field,
the former ticket office and adjoining room for storage and meeting space, for the
temporary electrical system, cardboard trash containers, no parking signs, and
miscellaneous supplies until such time as the Patrons/Junior University develop
their own on-site storage facility.
Police: The Police Department will provide police officers for the weekly event as
specified by the Police Chief.
Street Banners: The City will provide year-round use of the banner location on
Highland Avenue (and other locations as available). The City's Marketing Public
Affairs/Public Information Office will promote Market Night in coordination with
Patrons of the Roosevelt Bowl to ensure success.
4. Accountability:
Responsibility: Organization will be solely responsible for the financial support,
administration, and management of Market Night. Organization covenants and
agrees that one hundred percent (100%) of its weekly net profit (weekly revenue
minus weekly expenses) will be committed and spent on improvements to the
Roosevelt Bowl. Organization will provide a monthly report listing vendors,
attendance, expenses, and cash receipts. Additionally, Organization will provide
monthly financial statements to the City, which shall include, but not be limited to,
the amount of funds spent by Organization on improvements to the Roosevelt Bowl.
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
Organization further agrees to permit the City, its agents and representatives at
reasonable intervals at any and all times upon reasonable advance notice, to inspect
all books, records, and accounts for the weekly Market Night events.
Electricity: Organization will be responsible for the installation and associated
costs of the portable electrical system needed to provide service to (individual)
vendors.
Maintenance: City will provide an adequate number of bags and cardboard trash
receptacles to collect the refuse of the attendees which will be emptied by Market
Night staff into a city-leased 3 cubic yard container with weekly service.
5. Hold Harmless.
Organization covenants and agrees to defend, (if asked by City), indemnify, and hold
harmless the City of San Bernardino, 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 of the use or receipt of the funds paid
hereunder and all operations under this Agreement. The costs, salary and expenses
of the City Attorney and members of his office in enforcing this Agreement on behalf
of the City shall be considered as "counsel fees" for the purposes 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, its departments, agencies,
boards, commissions, elected officials, officers, attorneys, employees, and
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
agents, as additionally insured. A certificate of insurance evidencing such coverage
shall be provided to the Mayor or his designee, with the added notation that the
insurance policy shall not be terminated or materially altered without ten days prior
notice to the City.
7. Termination.
This agreement may be terminated by either Party upon the giving of thirty (30) days
written notice.
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.
All notices herein required shall be in writing and delivered in person or 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 Manager
Patrons of the Roosevelt Bowl
1833 Kenwood Avenue
San Bernardino, CA 92404
Attn: President
10. Entire Agreement.
This Agreement and any documents or instruments referred to herein integrates all
terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiations and prior writings 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.
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
In Witness Whereof, the parties hereto have executed this agreement on the day and
date first above shown.
CITY OF SAN BERNARDINO
By
Patrick J. Morris, Mayor
PATRONS OF THE BOWL
By
Susan Lien Longville, President
Patrons of the Roosevelt Bowl
By
Oscar Gonzalez, Secretary
Patrons of the Roosevelt Bowl
APPROVED AS TO FORM AND
LEGAifONTENT: /)
1/-, /
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By: J~~ ;~;:::ma~ . .1 ~',0~,~~
// C1y Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M.O;., D", (D... A'7"" '3, y> ' 010
Vote: Ayes Nays
Change to motion to amend original documents 0
Item # .:3f'1
Resolution # ,:J [I 06 -- '3 /
Abstain
Companion Resolutions
Absent
I.m ,~,-'I fifth
NulVVoid After: J./!L/L-- days / './ ~
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: ~"Y1 ,t) k>
Date of Mayor's Signature: 7') 'r - () b
Date ofClerk/CDC Signature: '3 ,,) Yr e6
Reso. Log Updated: 6"
Seal Impressed: 1Zf"'/
Reso. # on Staff Report c:(
Date Memo/Letter Sent for Signature: ?' -AI' 0' Date Returned: '-f -J..'7 - r:& Not Returned: 0
I" Reminder Letter Sent: 2"d Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YeS/NO By_
Yes - No'/' By_
NO~_
No By_
Yes
Yes
Yes
No
By_
Copies Distributed to:
Animal Control
o
~
EDA
0 Information Services ~
~ Parks & Recreation
Police Department 0
0 Public Services 0
0 Water Department 0
City Administrator
City Attorney
Facilities
Finance
Code Compliance 0 Fire Department
Development Services 0 '. Hu~n Resources,
Others: _CV"/)V"c.ve~ _I)
/
Notes:
Ready to File: _
Date:
Revised 12/18/03
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OFFICE OF TIlE CITY CLERK
RACHEL G. CLARK, C.M.C. .. CITY CLERK
300 North "D" Street. San Bernardino' CA92418-0oo1
909.384.5002. Fax: 909.384.5158
www.sbcity.org
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March 28, 2006
Patrons of the Roosevelt Bowl
Attn: President
1833 Kenwood Avenue
San Bernardino, CA 92404
Dear President;
At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino
adopted Resolution 2006-81- Resolution authorizing the Mayor to execute an agreement
between the City of San Bernardino and the Patrons of the Roosevelt Bowl to provide support
services for market night at Perris Hill Park.
Enclosed are one (I) original agreement and two (2) duplicate original agreements, to be
executed. Please sign in the appropriate locations and return the original and one (1) duplicate
original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible. Please keep one (I) fully executed duplicate original
agreement for your records.
Please be advised tbat the resolution and agreement will be null and void if not executed
within sixty (60) days or by Thursday, May 18, 2006.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, " "f
,~~<.'I,,;/
,.~../~
Eileen Gomez c,./
Senior Secretary
Enclosure
Cc: Councilman Dennis J. Baxter
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty