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HomeMy WebLinkAbout24-City Manager c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson City Manager Subject: Request for civic & promotion funding & waiver of fees for the Earth Day Fair & Expo 2008. Dept: Date: January 13, 2008 MICC Meeting Date: 2/19/08 Synopsis of Previous Council Action: 2/13/08 Recommended for approval by Legislative Review Committee. Recommended Motion: 1. Adopt resolution; and 2. Authorize direct funding in the amount of $5,000 and indirect funding in the amount of $9,688.64 be transferred from the 2007-08 civic and promotion fund into the Police department account as listed in the attached Staff Report; and authorize a waiver of fees and use of City personnel and equipment to assist with the Earth Day Fair & Expo 2008 scheduled for. r" 25,26,2008. Contact person: I=rl>ti Wil,,"n Phone: 1\1?? Supporting data attached: Ward: 1 yel'; FUNDING REQUIREMENTS: Amount: $5,000 direct; $9,688.64 indirect Source: (Acct. No.) 001-091-5186 (Ar.M n~~r.riptinn) r.i\lit" it rrnmntinn Finance: / Council Notes: ~c2/ c2-/'1-0P STAFF REPORT r '- Subiect: Request for civic and promotion funding for the Earth Day Expo 2008 and waiver of departmental fees for use of personnel and equipment to assist with the event. Backl!round: Attached is a correspondence from the San Bernardino Downtown Rotary Club requesting funding from the Civic and Promotion budget to fund the activities of its 2008 Earth Day Expo scheduled-for April 25, 26, 2008. Their budget is attached as Exhibit A. In addition, the Rotary is requesting a waiver of fees for the use of City labor and equipment to assist with this event which is estimated to cost approximately $16,392. Fnnding for the above costs will be transferred from the civic and promotion fund into the various City departmental accounts to recover their costs incurred in assisting with the Expo. Per the agreement, the organization will submit an accounting including receipts for the 2008 event which will be reviewed for compliance by the City Manager's Office. DeDartmental Accounts Amount ",.- Police Refuse Planning Building Public Works Animal Control Fire $ 13,368 officers/equipment $ 605 bins $ 440/archive fee & TUP $ 84 inspection $ 700 overtime $ 150 permit $ 1.045 inSDection $ 16,392 TOTAL '- Financial ImDact: Direct funding in the amount of $5,000 and a waiver of fees for personnel and equipment in the amount of$9,688.64 from the civic and promotion fund. Provided as Exhibit B is a matrix of the FY 07-08 civic and promotion fund which indicates that is the available balance. This amount of $9,688.64 will be transferred from the civic and promotion fund to offset the Police Department costs for the event. The balance of fee waiver costs ($6,703.36) will be absorbed by the other departments Recommendation: Adopt resolution; and Authorize direct funding in the amount of$5,000 and indirect funding in the amount of $9,688.64 from the civic and promotion fund to offset Police costs and authorize a waiver of fees and use of City personnel and equipment to assist with the Earth Day Expo 2008, scheduled for April 25, 26, 2008 '- ,,-. '--- '- 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2007/08. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Downtown Rotary Club for financial assistance from the civic and promotion fund for FY 2007/08, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. Section 2. The authorization to execute the above referenced agreement is 14 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this resolution. 1// 1// 1// /1/ 1// 1// 1// 1// 1// /1/ c c c 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2007-08. 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 day of , 2008, by the fojlowing vote to-wit: thereof, held on the Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution is hereby approved this 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: L ?P~ () . 2 C 1 2 3 4 5 6 7 8 9 10 12 C 13 14 15 16 17 18 19 20 21 c EXHIBIT A AGREEMENT Civic and Promotional This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, !eferred to as "City" and the SAN BERNARDINO DOWNTOWN ROTARY CLUB, a non-profit organization, referred to as "Organization." The parties agree as follows: 1. Recitals. A Organization has requested financial assistance from City for the 11 Fiscal Year 2007/08, in order to assist in defraying the expenses connected with the conduct of events related to their Earth Day 2008 celebration, as outlined in their Request for Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit "A". The terms of the request are incorporated herein by reference and shall govern the use of the funds provided herein. The financial assistance provided for in this agreement is made on a one-time basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this agreement. Further, any proceeds derived from this event shall be used by Organization for the sole purpose of funding scholarships. B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to Organization's Earth Day Expo 2008 scheduled lor April 25, 26, Payment. Upon presentation of a claim to the City Finance Director, City shall pay 26 to Organization from the civic and promotion fund budget for the 2007-08 fiscal year, the total 27 sum of $5,000. 28 c c c AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC 1 AND PROMOTION FUND. 2 3 4 5 Use of Funds. 3. The fun~s paid to Organization shall be used solely for the purposes set forth in 6 Paragraph I above. No deviation from these provisions shall be made without the express 7 8 9 10 11 accepted accounting principles by Organization in such marmer as to permit City to easily trace approval of the City. Any unexpended funds shall be returned to the City by Organization. 4. Accountability. Financial records shall be maintained in accordance with generally 12 the expenditure of the funds. All books and records of Organization are to be kept open for 13 inspection at any time during the business day by the City or its officers or agents. Failure to 14 submit the financial records in accordance with this section will result in the Organization 15 reimbursing the City in the full amount received by Organization. At the conclusion of the 16 17 18 event, Organization shall present the City Manager or his designee a written accounting of all expenditures and revenues connected with said event. Organization will further supply City with 19 any and all receipts relating to accounting of expenditures if so requested by City. If 20 Organization does not submit an accounting of expenditures and revenues which City deems 21 appropriate, such failure will result in the Organization reimbursing the City in the full amount 22 23 24 25 26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers, 27 received by Organization. 5. Hold Harmless. Organization covenants and agrees to defend (if requested by City), indemnify, and hold attorneys, employees and agents from all liabilities and charges, expenses (including counsel 28 2 c c c AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC 1 AND PROMOTION FUND. 2 fees), suits, or losses, however occurring, or damages arising or growing out ofthe use or receipt 3 4 made with the understanding that the City is not involved in the performance of services or other 5 6 7 8 9 10 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are activities of Organization. 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 11 12 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 13 14 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 15 insured. Said coverage shall require ten (10) days written notice to the City if insurance is 16 terminated or materially altered. 17 18 19 20 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In 21 the event this agreement is terminated for reasons of improper use of funds or use of funds for 22 any purpose other than those authorized, any unexpended portion of the funds provided by City 23 shall be returned to City. In addition, Organization shall reimburse to City any funds expended 24 which were used for any purpose other than those authorized under this agreement. 25 26 27 28 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 3 C 1 2 3 4 5 6 c c AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND PROMOTION FUND. 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 Organization: San Bernardino Downtown Rotary Club P.O. Box 894 San Bernardino, CA 92402 Attn: Tim Prince 4 C 1 2 3 4 5 6 7 8 9 10 c c AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integr-ate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing with 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 ofthis agreement shall prevail. In witness whereof, the parties hereto have executed this agreement on the day and date 11 first above shown. 12 13 14 15 16 17 18 ATTEST: 19 By: 20 City Clerk 21 Approved as to form: 22 23 James F. Penman 24 City Attorney 25 By: 26 27 28 CITY OF SAN BERNARDINO By. Fred Wilson, City Manager SAN BERNARDINO DOWNTOWN ROTARY CLUB By. Tim Prince 5 c c c AGREEMENT Civic and Promotional Payment. Upon presentation of a claim to the City Finance Director, City shall pay 26 to Organization from the civic and promotion fund budget for the 2007-08 fiscal year, the total 27 sum of $5,000. 28 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC elAND PROMOTION FUND. 2 3 4 3. Use of Funds. 5 6 Paragraph I above. No deviation from these provisions shall be made without the express 7 8 9 The funds paid to Organization shall be used solely for the purposes set forth in approval of the City. Any unexpended funds shall be returned to the City by Organization. 4. Accountability. 10 Financial records shall be maintained in accordance with generally 11 accepted accounting principles by Organization in such manner as to permit City to easily trace 12 the expenditure of the funds. All books and records of Organization are to be kept open for c 13 inspection at any time during the business day by the City or its officers or agents. Failure to 14 submit the financial records in accordance with this section will result in the Organization 15 reimbursing the City in the full amount received by Organization. At the conclusion of the 16 17 event, Organization shall present the City Manager or his designee a written accounting of all . 18 expenditures and revenues connected with said event. Organization will further supply City with 19 any and all receipts relating to accounting of expenditures if so requested by City. If 20 Organization does not submit an accounting of expenditures and revenues which City deems 21 appropriate, such failure will result in the Organization reimbursing the City in the full amount 22 23 24 25 Organization covenants and agrees to defend (if requested by City), indenmifY, and hold 26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers, C 27 attorneys, employees and agents from all liabilities and charges, expenses (including counsel received by Organization. 5. Hold Harmless. 28 2 c AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC 1 AND PROMOTION FUND. 2 fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt 3 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 4 made with the understanding that the City is not involved in the performance of services or other 5 6 7 8 activities of Organization. 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. 9 10 11 12 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 13 automobile liability insurance, in the amount of$I,OOO,OOO, per occurrence combined single C 14 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally 15 insured. Said coverage shall require ten (10) days written notice to the City if insurance is c 16 terminated or materially altered. 17 18 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice 19 to Organization and this agreement shall terminate ten days after the mailing of such notice. In 20 21 the event this agreement is terminated for reasons of improper use of funds or use of funds for 22 any purpose other than those authorized, any unexpended portion of the funds provided by City 23 shall be returned to City. In addition, Organization shall reimburse to City any funds expended 24 which were used for any purpose other than those authorized under this agreement. 25 26 27 28 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 3 c c c AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC 1 AND PROMOTION FUND. 2 make the adherence to the obligations imposed by this agreement a binding obligation of the 3 organization. 5 6 sent by certified mail, postage prepaid, addressed as follows: 7 8 9 4 10 11 12 13 /II 14 /II 15 /II 16 17 /II 18 /II 19 /II 20 1/1 21 1/1 22 /II 23 /II 24 25 /II 26 /II 27 28 9. Notices. All notiees herein required shall be in writing and delivered in person or As to City: As to Organization: City of San Bernardino San Bernardino Downtown Rotary Club 300 North "D" Street P.O. Box 894 San Bernardino, CA 92418 San Bernardino, CA 92402 Attn: City Manager Attn: Tim Prince 4 11 first above shown. 12 13 C 14 15 16 17 18 ATTEST: 19 By: 20 City Clerk C 1 2 3 4 5 6 7 8 9 10 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integr-ate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing with 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 CITY OF SAN BERNARDINO By. Fred Wilson, City Manager SAN BERNARDINO DOWNTOWN ROTARY CLUB By. Tim Prince 21 Approved as to form: 22 23 James F. Penman 24 City Attorney BY~ },P~. 25 26 0 27 28 5 ~ SAN BERNARDINO EXHIBIT A REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Qe of Organization . . SAN BERNARDINO DOWNTOWN ROTARY CLUB Address PO BOX 894, SAN BERNARDINO, CA 92402 Contact Person Phone Fax TIM PRINCE 909888-1000 909 888-6601 Designation of 5-1 c (3) non-profit statlls of Organization (Attached: Yes_ No - X .- Date of Event Location Estimated No. of Attendees APRIL 25, 26, 2008 MAIN STREET/CITY HALL PLAZA 5,000 Purpose of Funding TO CONDUCT EARTH DAY EXPO 2008 CELEBRATION PROPOSED CURRENT BUDGET -- SEE ATTACHMENT 1 A. REVENUES: (List all anticipated revenues other than City of San Bernardino) Sponsorships AMOUNT TOTAL ~ Reaistrations Promotions, concessions, souvenirs, proaram sales Donations In Kind Services (Other than City Services) Total Dollar Amount Reauested of Citv A. TOTAL PROPOSED REVENUES c -" ,~ REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART II) Q:;~~E~~;;::~:;:;~:;:~:~;~~~/~~~:G~;Q;:: ~~:::;DINO B. EXPENDITURES: (Include all known direct eXDenses connected with event) EXPENSES SEE ATTACHMENT 1 AMOUNT TOTAL Personnel/Salaries Permits -~ Fire -~ Business License ABC Other Insurance City of San Bernardino (attached Yes No ) Park Damaae Bond Park Clean Uo DeoositlDamaae Bond Securful S.B.P.D. Private Security Other Advertisino Radio , Newsoaoer -. Banners Fivers Other Entertainment . Music Sound System Other Promotional Items Troohies Ribbons and/or Plaaues I-Shirts Other Sanitation . Portable Restrooms - Public Services Soecial Events Banauets Facilities Parade Other -.Parks, Recreation B. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHMENT 1) C'mary: A. Total Revenues B. Total Expenditures C. Total Fee Waivers - (from Part III) 90,500 88,600 16,392 D. Total Amount Requested $21,392 includes $5,000 direct cost ~ ",,- REQUEST FOR CIVIC AND PROMOTION FUNDING REQUEST FOR FEE WAIVERS (PART III) One OF ORGANIZATION SUNSET ROTARY OF SAN BERNARDINO (List all City services for which you are requesting fee waivers) C. Fee Waivers .~ AMOUNT Police .~ $13,368 Securitv T rafflc Control Other Fire Site Insoections Crowd Control Facilities Sound Svstem Civic Center Use Permit Public Services - Refuse Bins 605 ... Street Sweeoina Develooment Services Plannina TUP 435 Buildina 84 Public Works Labor for Archive 700 Other lExolain) 5 Animal Control Permit Fee 150 Fire Insoection Permits 1045 Total Amount of Fee Waivers (In-Kind Services) $16,392 For Office Use Only: Departmental Costs In: Police Fire Public Services Public Works Development Services Facilities Previous Year's Accounting Reviewed: Admin: Finance c c earth Day Fair Expo 08 Budget Earth Dav Fair & exoo Saturday. Aorll26. 2008 D.!!!!a!1 Revenues Sponsors ProleClIld 2x$10000 $ 20 000.00 2x$5ooo .. $ 10 000.00 5x$1ooo .. $ 5000.00 20 x $500 . $ 10,000.00 .- Citv Of San Bamardino $ 5 000.00 CIIv Of San Bernardino $ 25 000.00 Pol/os, Fore, Permits & Fees Exhibitors Booths 60 x $250 (10 x 10) $ 15,000.00 ~ufItl $ 500.00 Car rtunitv Drawing TICket Sale $ - Total Revenues $ I/O 500.00 c Attachment. 1 c III .j..l .r! ..Q 'r! ..c: ~ r.:I c c -_~fh .. .. .. ill ill ill <l; '" '" ;U ;n ;Z ;Z8 .. .. '" "' "' . .; .; .. cON '" M .; '" aio:::i COCO .. cOo u .. .. ... S;:ll ~ '" '" ;;; -'" "'''' '" '" C .. .. '" "' '" -"' "'''' "' "' m :i .; i ai""': '" N ,.: N aj~ ,....r-: :! '" ;; '" "'''' '" ,'" ...'" "M ID - - - ... C ~ ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. -- '" 00 0 ;;; 0 0 00 00 "' C> 00 0 0 0 00 00 ~ OJ cig ci a; ci ;:! d"": c::ici 0 ~ 0 OM 00 - '" 8M '" 0 0 .... 00 '" c oj Ilia;) N <D .,; .,; ";0 ~~ .,; . 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