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COPY
CITY OF SAN BERNNARDINO — REQUEST FOR COUNCIL ACTION
From: Fred Wilson Subject: Request for civic & promotion
City Manager funding & waiver of fees for the
Earth Day Fair & Expo 2008.
Dept:
Date: January 13, 2008
M/CC Meeting Date: 2119/08
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.
Signature
Contact person: Ered Wilson Phone: 51?2
Supporting data attached: yes Ward: 1
FUNDING REQUIREMENTS: Amount: $5,000 direct; $9,688.64 indirect
Source: (Acct. No.) 001-091-5186
(Acct Description) :iyor & promntion
Finance:
Council Notes:
STAFF REPORT
Subject:
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.
Background:
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.
Funding 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.
Departmental Accounts Amount
Police $ 13,368 officers/equipment
Refuse $ 605 bins
Planning $ 440/archive fee & TUP
Building $ 84 inspection
Public Works $ 700 overtime
Animal Control $ 150 permit
Fire $ 1,045 inspection
$ 16,392 TOTAL
Financial Impact:
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
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL
4 ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2007/08.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City an Agreement with the San Bernardino
9 Downtown Rotary Club for financial assistance from the civic and promotion fund for FY
10
2007/08, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
11
reference as fully as though set forth at length.
12
13 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 of this resolution.
16
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
1 SAN BERNARDINO DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE
FROM THE CIVIC AND PROMOTION FUND FOR FY 2007-08.
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
4 Mayor and Common Council of the City of San Bernardino at a meeting
5 thereof, held on the day of , 2008, by the following vote to-wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8
BAXTER
9
BRINKER
10
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
15
16
City Clerk
17
18 The foregoing resolution is hereby approved this day of 2008.
19
20
21 Patrick J. Morns, Mayor
22 City of San Bernardino
Approved as to form:
23
24 JAMES F. PENMAN,
25 City Attorney
26 By:
27
28
2
I EXHIBIT A
2 AGREEMENT
3 Civic and Promotional
4 This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
5 municipal corporation, referred to as "City" and the SAN BERNARDINO DOWNTOWN
6 ROTARY CLUB, a non-profit organization, referred to as "Organization."
7
The parties agree as follows:
8
1. Recitals.
9
10 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
12 events related to their Earth Day 2008 celebration, as outlined in their Request for Funding to the
13 Mayor and Common Council, a copy of which is attached hereto marked Exhibit"A". The terms
14
of the request are incorporated herein by reference and shall govern the use of the funds provided
15
16 herein. The financial assistance provided for in this agreement is made on a one-time basis, and
17 receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this
18 agreement. Further, any proceeds derived from this event shall be used by Organization for the
19 sole purpose of funding scholarships.
20 B. The expenditure is for a valid municipal public purpose, to wit: for the
21 conduct of events related to Organization's Earth Day Expo 2008 scheduled for April 25, 26,
22
2008.
23
24 2. Payment.
25 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
1 AND PROMOTION FUND.
2
3
4 3. Use of Funds.
5 The funds 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
approval of the City. Any unexpended funds shall be returned to the City by Organization.
8
9 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
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
received by Organization.
23
24 5. Hold Harmless.
25 Organization covenants and agrees to defend (if requested by City), indemnify, and hold
26 harmless the City, its departments, agencies,boards, commissions, elected officials, officers,
27 attorneys, employees and agents from all liabilities and charges, expenses (including counsel
28
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
DOWNTOWN ROTARY CLUB FOR FINANCIAL ASSISTANCE FROM FY 2007/08 CIVIC
I 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 activities of Organization. The costs, salary and expenses of the City Attorney and members of
7 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
8 for the purposes of this paragraph.
9 6. Insurance.
10
While not restricting or limiting the foregoing, during the term of this
11
agreement, Organization shall maintain in effect policies of comprehensive public, general and
12
13 automobile liability insurance, in the amount of$1,000,000, per occurrence combined single
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 7. Termination.
18
City shall have the right to terminate this agreement by mailing a ten-day written notice
19
20 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 8. Authorization to Execute.
26
27 Organization hereby covenants that it has taken all actions necessary to
28
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.
4 9. Notices.
5 All notices herein required shall be in writing and delivered in person or
6 sent by certified mail, postage prepaid, addressed as follows:
7
As to City: As to Organization:
8
9 City of San Bernardino San Bernardino Downtown Rotary Club
10 300 North "D" Street P.O. Box 894
11 San Bernardino, CA 92418 San Bernardino, CA 92402
12 Attn: City Manager Attn: Tim Prince
13
14
15
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25
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28
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 10. Entire Agreement.
4 This agreement and any documents or instruments attached hereto or
5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
6 supersede all negotiations and prior writing with respect to the subject matter hereof. In the
7
event of conflict between the terms, conditions or provisions of this agreement, and any such
8
9 document or instrument, the terms and conditions of this agreement shall prevail.
10 In witness whereof, the parties hereto have executed this agreement on the day and date
11 first above shown.
12 CITY OF SAN BERNARDINO
13 By.
14 Fred Wilson, City Manager
15
SAN BERNARDINO DOWNTOWN ROTARY CLUB
16
17 By.
Tim Prince
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
1
2 AGREEMENT
3 Civic and Promotional
4 This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
5 municipal corporation,-referred to as "City" and the SAN BERNARDINO DOWNTOWN
6 ROTARY CLUB, a non-profit organization, referred to as "Organization."
7
The parties agree as follows:
8
1. Recitals.
9
10 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
12 events related to their Earth Day 2008 celebration, as outlined in their Request for Funding to the
13 Mayor and Common Council, a copy of which is attached hereto marked Exhibit"A". The terms
14
of the request are incorporated herein by reference and shall govern the use of the funds provided
15
16 herein. The financial assistance provided for in this agreement is made on a one-time basis, and
17 receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this
18 agreement. Further, any proceeds derived from this event shall be used by Organization for the
19 sole purpose of funding scholarships.
20 B. The expenditure is for a valid municipal public purpose, to wit: for the
21 conduct of events related to Organization's Earth Day Expo 2008 scheduled for April 25, 26,
22
2008.
23
24 2. Payment.
25 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
1 AND PROMOTION FUND.
2
3
4 3. Use of Funds.
5 The funds paid to Organization shall be used solely for the purposes set forth in
6 Paragraph 1 above. No deviation from these provisions shall be made without the express
7
approval of the City. Any unexpended funds shall be returned to the City by Organization.
8
9 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
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
16 reimbursing the City in the full amount received by Organization. At the conclusion of the
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 g g the City in the full amount
22
received by Organization.
23
24 5. Hold Harmless.
25 Organization covenants and agrees to defend (if requested by City), indemnify, and hold
26 harmless the City, its departments, agencies, boards, commissions, elected officials, officers,
27 attorneys, employees and agents from all liabilities and charges, expenses (including counsel
28
2
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 activities of Organization. The costs, salary and expenses of the City Attorney and members of
7 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees"
8 for the purposes of this paragraph.
9 6. Insurance.
10 While not restricting or limiting the foregoing, during the term of this
11
agreement, Organization shall maintain in effect policies of comprehensive public, general and
12
13 automobile liability insurance, in the amount of$1,000,000,per occurrence combined single
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 7. Termination.
18
City shall have the right to terminate this agreement by mailing a ten-day written notice
19
20 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 8. Authorization to Execute.
26
Organization hereby covenants that it has taken all actions necessary to
27
28
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.
4 9. Notices. .
5 All notices herein required shall be in writing and delivered in person or
6 sent by certified mail, postage prepaid, addressed as follows:
7
As to City: As to Organization:
8
9 City of San Bernardino San Bernardino Downtown Rotary Club
10 300 North"D" Street P.O. Box 894
11 San Bernardino, CA 92418 San Bernardino, CA 92402
12 Attn: City Manager Attn: Tim Prince
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
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 10. Entire Agreement.
4 This agreement and any documents or instruments attached hereto or
5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
6 supersede all negotiations and prior writing with respect to the subject matter hereof. In the
7
event of conflict between the terms, conditions or provisions of this agreement, and any such
8
9 document or instrument, the terms and conditions of this agreement shall prevail.
10 In witness whereof, the parties hereto have executed this agreement on the day and date
11 first above shown.
12 CITY OF SAN BERNARDINO
13 By.
14 Fred Wilson, City Manager
15
SAN BERNARDINO DOWNTOWN ROTARY CLUB
16
17 By'
Tim Prince
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
5
SAN BERNARDINO EXHIBIT A
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART 1)
i ._ .ne of Organization
SAN BERNARDINO DOWNTOWN ROTARY CLUB
Address
PO BOX 894, SAN BERNARDINO, CA 92402
Contact Person Phone Fax
TIM PRINCE 909 888-1000 909 888-6601
Designation of 5-1 c (3) non-profit status 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
Registrations
Promotions, concessions, souvenirs, program sales
Donations
In Kind Services Other than City Services
Total Dollar Amount Requested of City
A. TOTAL PROPOSED REVENUES
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
BE SUBMITTED TO CITY MANAGER'S OFFICE 60 DAYS PRIOR TO EVENT FOR WHICH FUNDING IS REQUESTED NO EXCEPTIONS
NAME OF ORGANIZATION SUNSET ROTARY CLUB OF SAN BERNARDINO
B. EXPENDITURES: (Include all known direct expenses 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 Damage Bond
Park Clean Up Deposit/Damage Bond
Security
S.B.P.D.
Private Security
Other
Advertising
Radio
Newspaper
Banners
Flyers
Other
Entertainment
Music
Sound System
Other
Promotional Items
Trophies
Ribbons and/or Plaques
T-Shirts
Other
Sanitation
Portable Restrooms - Public Services
Special Events
Banquets Facilities
Parade
Other - Parks, Recreation
B. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHMENT 1)
nmary:
A. Total Revenues 90,500 D. Total Amount Requested
B. Total Expenditures 88,600 $21,392 includes $5,000 direct cost
C. Total Fee Waivers - 16,392
(from Part III)
REQUEST FOR CIVIC AND PROMOTION FUNDING
REQUEST FOR FEE WAIVERS (PART III)
.ME 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
Security
Traffic Control
Other
Fire
Site Inspections
Crowd Control
Facilities
Sound System
Civic Center Use Permit
Public Services
Refuse Bins 605
Street Sweeping
Development Services
Planning TUP 435
Building 84
Public Works
Labor for Archive 700
Other (Explain) 5
Animal Control Permit Fee 150
Fire Inspection Permits 1045
Total Amount of Fee Waivers (In-Kind Services) $116392
For Office Use Only:
Departmental Costs In: Police Fire Public Services
Public Works Development Services Facilities
Previous Year's Accounting Reviewed: Admin: Finance
Attachment' l
Earth Day Fair Expo 08
Budget
Earth Day Fair&Expo
Saturday,April 26 2008
Budget
Revenues
S onsors
2 x$10,000 Pro'ected
2 x$5Ex$500 000 $ 20,000.00
00 $ 10,000.00
$ 5,000.00
$ 10,000.00
Ci Of San Bernardino $ 5,000.00
Ci Of San Bernardino $ 25,000.00
(Police,Fire,Permits&Fees
Exhibitors Booths
60 x$250 10 x 10 $ 15,000.00
10 x$50 Non-Profit $ 500.00
.Hybrid Car Opportunity Drawina Ticket Sale $
Total Revenues $ 90,500.00
Expenses
Music Band
Website $ 3,000.00
E-Blast $ 200.00
Radio Media(Live Remote Action Broadcasts $ 500.00
Banners $ 8,000.00
Television Media(Advertising and Personali $ 1,200.00
T-Shirts $ -
Goodie Ba s $ 400.00
News a er and Ma azine Media $ 6600.00
Police Ex lorer R.O.T.C. $ 15,000.00
Volunteer Essentials $ 1,500.00
O ortuni Drawin Tickets $ 1,500.00
Liabil, insurance $ 300.00
Waste $ 500.00
Sanitation $ 2,000.00
Printin $ 600.00
Meetin Food and Drinks $ 10,000.00
Office Su lies $ 1,500.00
Hotel-Fashion Show $ 1,000.00
3$250 Savin s Bond(Youth Art Cntest est $ 200.00
o
Electric Go Carts $ 400.00
Promotional Items-7 Plaques $ 7,000.00
Fencin $ 200.00
1 an ernar ino o ice, ire, ermi s ees $ 2,000.00
Total Ex enses 25,000.00
$ 88,600.00
Net Income(Loss)
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