HomeMy WebLinkAbout1979-073
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RESOLUTION NO. 71- '1.3
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING RATES AND CHARGES
FOR THE USE OF THE SAN BERNARDINO CONVENTION CENTER FACILITIES AND ADOPTING
RULES RELATING THERETO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The terms and phrases used in this resolution are defined
as follows:
(a) "Base Rate" is the hourly rental charge established for any partic-
ular room within the facility, with a minimum rental period of two (2) hours.
(b) "Non-Profit Rate" is a reduced charge established for an organizatio
exempted from the Bank and Corporation Tax by Sections 23701 (a), 23701 (b),
23701 (d), 23701 (e), 23701 (f) or 23701 (g) or 23701 (i) of the Ca 1 Horni a
Revenue and Taxation Codes, or organizations determined by the City Admin-
istrator to be civic organizations.
(c) "Gross Receipts" shall include the total amount of all revenue
derived by an organization from the use of Convention Center facilities, the
serving of meals, operation of a bar(s) or other concessions, prior to the
deduction of any costs in connection with said use, excluding such Federal,
State and Local taxes as may be applicable.
(d) "Inter-Departmental Credit" is an abatement credit to the Con-
vention Center Rental Account, for the use of facilities by a City Department
in an amount equivalent to the monetary charge which would otherwise have
been made.
(e) Refundable deposits shall include all monies deposited in advance,
but not actually expended to defray the cost for personnel, services,
materials and/or damages.
(f) Non-refundable deposits shall include all monies deposited in
advance, and actually expended, to defray the cost for rental, personnel,
services, materials and/or damages.
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(g) "Special Service Abatement" shall mean any public service work,
approved in advance by the Mayor and Common Council, performed by any group
in lieu of monetary payment for the use of Convention Center facilities.
(h) "Holiday" shall be any day of the calendar year, declared by the
City, to be a day on which a majority of City employees are given time off
with pay.
SECTION 2: Charges for the various Convention Center rooms as set
forth below are hereby established:
MEETI NG DINING/BAR ATTENDANT SECURITY
*BASE RATE **BASE RATE PERSONNEL PERSONNEL
PER PER ***PER HOUR ****PER HOUR
HOUR/DAY HOUR PER EMPLOYEE PER EMPLOYEE
HALLS A&B $60/480 $75 $4 $6
HALL A or B 40/320 50 4 6
UPPER LEVEL
MEETING ROOMS 25/200 30 4 6
LO\~ER LEVEL
MEETI NG ROor~S 25/200 30 4 6
PURPLEor
MAGENTA 13/104 15 4 6
BLUEor
SCARLET 10/ 80 12 4 6
GREEN or
GOLD 7/ 56 9 4 6
CALI FORN IA 20/160 25 4 6
*Minimum of two (2) hours, plus hourly rate for each hour thereafter. Daily
charge for a period of use of at least 8 hours but not exceeding 16 hours,
shall be the equivalent of an eight (8) hour charge.
**Minimum of two (2) hours. Events sponsored by organizations which have not
been determined to qualify for the Non-Profit rate, in accordance with
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1. Section 1 (b) hereof, shall pay the hourly rate, or ten percent (10%) of
2 gross receipts, whichever is greater.
3 ***Additional Attendant personnel required for evening and weekend or at such
4 other times as may be deemed necessary by the Convention Center Manager.
5 **~s deemed necessary by Convention Center Manager.
6 NOTE: All rental rates shall be doubled for events occuring on days
7 designated as holidays for City personnel.
8 SECTION 3
9 (a) Organizations qualifying for the Non-Profit rate shall be entitled
10 to receive a twenty-five percent (25%) reduction in the above Base Rate,
11 but shall pay the additional personnel costs as set forth.
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(b) State and Federal governmental organizations shall receive a
twenty-five percent (25%) reduction in the above Base Rates but shall pay
the additional personnel costs as set forth.
(c) Local governmental organizations shall be exempted from payment
of the regularly established rental charge when the organizational use is
conducted during a regular City work-day, and no additional personnel
costs are involved. Such organizations shall be granted a reduction equal
to fifty percent (50%) of the regularly established rental charge for
events occuring after hours, weekends or holidays, plus the regularly
established charges for all additional personnel required.
(d) Regional, State or National conventions using Convention Center
facilities for three (3) or more consecutive days shall be granted a red-
uction equal to fifty percent (50%) of the regularly established rental
charge.
(e) Commercial events using Convention Center facilities for three (3)
or more consecutive days shall be granted a reduction equal to twenty
percent (20%) of the regularly established rental charge.
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1. )Conventions, trade shows and other events using Convention Center facilities
2 for three (3) or more consecutive days shall be entitled to one (1) day to
3 move in and one half (1/2) day to move out, without charge. Additional
4 time, required by any lessee, to move in or out of Convention Center
5 facilities shall be charged at fifty percent (50%) of the regularly estab-
6 lished rental charge.
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SECTION 4: Events requiring additional personnel, services and/or
8 materials shall be billed for the actual cost thereof; when such costs can
9 be determined prior to an event, they shall be collected in advance.
SECTION 5: Inter-Departmental Credits and Special Service Abatements
11 are hereby established as follows:
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(a) Inter-Departmental Credits shall be credited to the Convention
13 Center Rental Account, at the Non-Profit rate, for use of Convention
14 Center facilities by City Departments.
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(b) Special Service Abatements, approved for applicant organizations
in advance by the Mayor and Common Council, shall be charged, on the basis
of the Non-Profit rate, against the proper City account and credited to
the Convention Center Rental Account as an inter-Departmental transfer.
SECTION 6: The following procedure shall be followed with respect to
refundable and non-refundable deposits:
(a) Refundable deposits held by the City pursuant to this resolution
shall be refunded, in full or in part, within fourteen (14) days after
completion of the use period. Deductions for extra personnel, services
and lor materials used by, or damages caused by, event particulars shall
be made from said deposits.
(b) A non-refundable deposit of not less than twenty-five percent
(25%) of the regularly established rental charge shall be made at the time
the application for facility use is submitted. Reservation of Convention
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Center facilities shall not be considered by the City to be contractually
binding until such time as said deposit is made.
(c) With the exception of governmental agencies paying by purchase
order, payment of fifty percent (50%) of the regularly established rental
charge shall be deposited with City not less than thirty (30) days prior
to any event.
SECTION 7: Payment in full, of the regularly established rental charge
shall be required of any Lessee cancelling an event less than thirty (30)
days prior to said event.
SECTION 8: Catering services shall be obtained from only authorized
licensed San Bernardino City catering firms which have on file, with the
Convention Center, a valid Catering Agreement. Catering of alcoholic
beverages by organizations which qualify for the Non-Profit Rate shall
be allowed, provided said organizations obtain all necessary permits required
by the State of c.lifornia Alcoholic Beverage Control Board.
SECTION 9: It shall be the responsibility of the Lessee to obtain any
and all required licenses and permits, whether said licenses and permits be
required by City Ordinance, County Ordinance or State law; and Lessee
shall agree, in writing and in advance, to permit inspection, by appropriate
City personnel, of all equipment, merchandise and materials provided by Lessee.
All Lessees, concessionairs and their agents and employees shall at all
times conform to all rules and regulations for the use and occupancy of,
and operations in, the San Bernardino Convention Center. Violations of such
rules and regulations shall, at the discretion of the Convention Center
Manager, subject such violator(s) to immediate expulsion from said facilities
and the forfeiture of all rents, percentages and/or other fees paid prior
to said violation. Said expulsion shall not relieve any Lessee of any
obligation to pay all rents, percentages and/or other fees required to be paid I
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for the use of Convention Center facilities for the full contract term.
The City of San Bernardino reserves the right to operate all concessions
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except as otherwise provided for herein.
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SECTION 10: The City shall not accept responsibility or liability for
5 any action by any.~ent, employee or participant of any event and an
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6 agreement "holding the City harmless" from any liability or action at law
7 or in equity shall be filed in the Convention Center office by the lessee,
8 prior to each event.
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SECTION 11: No section or sub-section of this resolution shall be
10 construed to negate any contract or agreement entered into prior to the
11 adoption of this resolution. All previously contracted rates and charges
12 shall remain in force and effect for the duration of said contracts and
13 agreements.
14 SECTION 12 Subject to the provisions contained herein, the Manager is
15 authorized to contract for the rental of the San Bernardino Convention
16 Center on behalf of the City. In the event of a dispute with respect to the
17 terms of any such contract, the applicant shall have the right to appeal
18 to the Mayor and Common Council. The City shall retain the right to cancel
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the contract of any person or organization who, in the opinion of the
Convention Center Manager, City Administrator or Mayor and Common Council,
is acting or proposing to act in any manner which is potentially dangerous
to any person or property, is contrary to the public welfare or public:
morals, or is contrary to law.
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7 AYES: Councilmen: ~J/;_IL... flt)L~~z;;~_.. ~"'1~'~
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NAYS:
ABSENT:
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-~ City Clerk
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The foregoing resolution is hereby approved this --1AG6{
day of
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. 1979.
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FILED
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FEB " O~q07(1
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CITY CLERKS OFFICE
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