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Home My WebLink About2006-081 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2006-81 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 which 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2006-81 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20thdayof March , 2006, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x MC GINNIS x x DERRY KELLEY x JOHNSON x MC CAMMACK x ~/3~f41l Rac el G. Clark, CIty Clerk The foregoing resolution is hereby approved this dd-~ day of March 2006 Approved as to form and legal content: ) . i, {,"1./7 h..Z"",- "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 (aSO 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. 2 "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 Bemardino, its departments, agencies, boards, commissions, elected officials, officers, attomeys, 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 3 "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 "0" 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. 4 "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 ayor PATRONS OF THE BOWL /) ~ ~-~~~}~7Lh~ Susan Lien Longville, P{esident Patrons of the Roosevelt Bowl APPROVED AS TO FORM AND LEGA CONTENT: ()J .{jt~ III III III III III III III III 5