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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Susan Lien-Longville
Subject: 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.
Dept: Council Office 0 R 1 G 1 N A L
Date: May 27,2003
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
~~~~/~j
Signature
Contact person: Councilmember Lien-Longville
Phone:
5188
Supporting data attached:
Staff Report, Resolution
Ward:
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FUNDING REQUIREMENTS:
Amount: $2850. Monthly
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
\2.\C66~ 7. CO 3,-- \?-?-
Agenda Item No. Sl-
(p I rL/ D3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
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.
Backl!round:
The Patrons of the Roosevelt Bowl (Patrons) is incorporated as a 501.c.3 non-profit organization
for the purpose of providing financial, 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.
As a first endeavor, the Patrons is seeking an agreement with the City to provide support services
in order to produce a San Bernardino Market Night (Market Night) in the Park adjacent to the
Bowl. Market Night is proposed as a year-round event held on Tuesday evenings from 6-9:3Opm.
Market Night will provide a mechanism to restore the Bowl and bring arts, culture, educational
programming, entertainment, and community activity to the Bowl.
Market Night in the Park has certain advantages because the physical infrastructure necessary to
produce the event already exists: parking, restrooms, stage, and electrical service. The park-like
setting is a proven successful venue for a number of annual events including the Chili Cook-Off,
Over the Hill Gang Car Show, Neighborhood Night-Out, and the Jazz Festival.
The Patrons have requested support services from City in order to assist in defraying the
expenses connected with the events related to their "Market Night" Program. Support Services
include:
Electricity: The City of San Bernardino will provide the electricity necessary to run the
event. Patrons have estimated that expense to be less than $10 per week.
ParkinglSignagelBarricades: The City will provide 25 temporary "No-parking after
3pm 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 and Recreation Department: The department will provide two desks and access
to existing phones and fax for the Market Manager and assistant at the Parks and
Recreation facility four days per week. Parks and Recreation staff will be trained to
collect Market Night Vendor Registration applications/fees at the counter during. regular
business hours.
Market Manager Booth: The City will provide use of the Concession Stand to the
Market Manager on Tuesdays for the purposes of coordinating the event.
Market Night Staff Report
6/02/03 Meeting
Page 1 of2
Temporary Storage: The City will provide storage space in Perris Hill Park 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 one team of two overtime officers from 5:30-
10:3Opm at a cost of $650 per week.
Marketing: City will provide street banner locations for continuous use at various
locations throughout the year. The City's MarketinglPublic Affairs/ Public Information
Office will continuously promote Market Night.
The Patrons of the Roosevelt Bowl will be solely responsible for the financial support,
administration, and management of Market Night. The Patrons will provide a weekly report
listing vendors, attendance, and cash receipts. Additionally, Organization will provide monthly
financial statements to the City which will include the amount of funds spent by Organization on
improvements to the Roosevelt Bowl. Patrons will be responsible for the installation and
associated costs of the electrical infrastructure needed to accommodate the vendors. Patrons will
also provide one team of private security officers from 5 :30-1 0:30 pm and additional private
security as deemed necessary by the Chief of Police.
Fiscal Impact:
Electricity costs are estimated to be $10 per week. The cost to fund two Police Officers will be
$650 per week. Total of City support services to be provided - $2850 monthly.
Recommendation:
It is recommended that the Mayor and Common Council adopt the resolution.
MarnetN~htSmffReporl
6/02/03 Meeting
Page 2 of2
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CCOJfY
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 PERRlS 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 is 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 "An 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 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 PERRlS HILL PARK.
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
_ day of
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN-LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
"EXHIBIT A"
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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
(a 501 (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.
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
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 weekly report listing vendors, attendance, 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.
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 electrical infrastructure needed to accommodate the
vendors.
Maintenance: Organization will provide an adequate number 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.
Private Security: Organization will provide one team of two private
security officers from 5:30-10:30 pm and such additional private security
officers as determined by the Chief of Police.
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
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
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 agents, as additionally
insured. A certificate of insurance evidencing such coverage shall be
provided to the Mayor or her 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.
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9.
"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
Notices.
All notices herein required shall be in writing and delivered in person or
5 sent by certified mail, postage prepaid, addressed as follows:
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As to City:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Administrator
As to Organization:
Patrons of the Roosevelt Bowl
547 No. Sierra Way
San Bernardino, CA 92401
Attn: President
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"EXHIBIT A"
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
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.
In Witness Whereof, the parties hereto have executed this agreement on
the day and date first above shown.
CITY OF SAN BERNARDINO
By.
Judith Valles, Mayor
PATRONS OF THE BOWL
By.
Jeff Grande
Patrons of the Roosevelt Bowl
By.
Dennis Baxter
Patrons of the Roosevelt Bowl
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
James F. Penman
City Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~. z.-()3 Item # S.1- Resolution #
Vote: Ayes I -1 Nays -e Abstain -e-
'2crJ3 - \ dd-
Absent -8--
Change to motion to amend original documents:
Reso. # On Attachments: ~ Contract term: '" I {Xu3 on c:',POO'-j
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
~-A-03
Date of Mayor's Signature: e:, .'-'1-03
Date ofClerklCDC Signature: (,., - S ..O~
~.
Date Sent to Mayor:
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
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):
Copies Distributed to:
City Attorney /'
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
NulllYoid After: Coo DA-1J, / ~ - 1- <:.)3
I
By: -
Reso. Log Updated:
Seal Impressed:
,/",
,/'
Date Returned: <c - [0-<:>'3
Yes ...L.- No Byf-
Yes NO.JL....... By
Yes No t/ ::E
Yes No ,/
Yes No ,/ By_
EDA
Finance /
<.:JOune; L
MIS
(~L.r-
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: l',r\1' Date: *
Revised 01/12/01