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HomeMy WebLinkAbout19-City Administrator CIT~ OF SAN BERADINO - REQUEST .QR COUNCIL ACTION From: FRED WILSON As~istant City Administrator Su~~: Request for funding -- Cinco de Mayo Celebration -- Hispanic Chamber of Commerce Dept: OM': March 26, 1991 Synopsis of Previous Council ~ion: 3/25/91 -- Ways and Means Committee reco~ended approval of $5,000 to the Hispanic Chamber of Commerce from FY 90/91 Civic and Promotional funds. Recommended motion: 1. Adopt resolution. 2. That utilization of City crews, City equipment and City Police personnel for assistance to the Hispanic Chamber of Commerce in their Cinco de Mayo Fiesta at Nunez Park be authorized; and that the expenses incurred by the use of Ci~t for s, equipment and Police personnel be waived. _~_____ Signature Con~ person: Fred Wilson Phone: 5122 Supporting dete ettached: yes Ward: FUNDING REQUIREMENTS: Amount: 5,000 Source: (Acct. No.! (($/- 01/- S~6CJ'8 (Acct. Descriotionl Hmf:::ce: 17Z7~~~O~ Council Notes: ,Q . . CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION STAFF REPORT The Inland Empire Hispanic Chamber of Commerce submitted a request for funding in the amount of $30,000 for support of the festivities connected with this year's Cinco de Mayo celebration at Nunez Park and the 16 de septiembre celebration. The Council Ways and Means Committee met on March 25th to consider this request. The Committee recommended the Funding Request be approved in the amount of $5,000 for the cinco de Mayo event from FY 90/91 civic and promotion funds and deferred the second part of the request for funding for 16 de septiembre until after July 1st at which time it will be considered for funding from FY 91/92 budget. In addition, for the Cinco de Mayo event, the Hispanic Chamber requested a waiver of fees and use of City facilities, manpower, and equipment in connection with the event. A summary of the costs include: Fees for equipment and facilities Police manpower Incidental (hours, equipment materials) $ 3,228. 9,230. Total 2.100. $14,558. The Committee recommended the request for waiver of fees and attendant costs for the Cinco de Mayo celebration be a pro d. RED WILSON Assistant City Administrator " 1;!1!.. - o o 1 2 3 4 5 6 7 8 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1990-91. 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 9 hereby authorized and directed to execute on behalf of said City 10 an Agreement with the Inland Empire Hispanic Chamber of 11 12 13 14 15 Commerce, 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- 16 referenced agreement is rescinded if the parties to the 17 agreement fail to execute it within sixty (60) days of the 18 passage of this resolution. 19 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a 23 day of 24 to wit: meeting thereon, held on the , 1990, by the following vote, 25 IIIII 26 IIIII 27 IIIII 28 IIIII , ^ In., Inn ., RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ~AGREEMENT WITH THE INLAN~MPIRE HISPANIC CHAMBER OF CO~RCE RELATING TO FINANCI~SSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1990-91. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 COUNCIL MEMBERS AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER CITY CLERK The foregoing resolution is hereby approved this day of , 1990. W. R. HOLCOMB, MAYOR city of San Bernardino Approved as to form 22 and legal content: 23 JAMES F. PENMAN City Attorney 24 /l ;4: 27 28 10/03/90 -2- " 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 o o AGREEMENT Civic and Promotional THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, 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 fiscal year 1990-91, in order to assist in defraying the expense of certain events or activitives sponsored by organization as set forth in organization's Request for Funding proposal (hereinafter "the proposal") recommended for approval by the Ways and Means committee of the city, a copy of which proposal is on file in the Office of the City Administrator. The terms of the proposal are incorporated herein by reference and shall govern the uses 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. 1 2 3 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ U ~ 26 27 28 - o o B. The expenditure is for a valid municipal public purpose, to wit: for the promotion of the Hispanic Community's celebration of Cinco de Mayo, as more fully set forth in the proposal submitted by organization. 2. pavment Upon presentation of a claim to the city Finance Director, city shall pay to Organization from the budget for the 1990-91 fiscal year, the total sum of five thousand dollars ($5,000) to cover the costs per the Request for Funding application agreement. 3. Use of Funds The funds paid to organization shall be used solely for the purposes set forth in paragraph 1 and in strict compliance with the provisions set forth in the proposal. No deviation from the proposal shall be made without the express approval of the City of San Bernardino. Said funds shall be expended by June 30, 1991 and any unexpended funds shall be returned to the city by organization. 4. Accountinq organization shall provide the informat- ion listed under the Actual Column on the Request for Funding form within 60 days of the event or program completion and forward completed form to the City Administrator Office for review by the Ways and Means committee. At such time or times as may be requested by the city Administrator or Director of Finance of City, organization shall submit to the City Administrator, with a copy to the Director of Finance, an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ 24 ~ 26 27 ~ accounting oc:lhe actual expenditures C:>all revenues accruing to the organization for the fiscal year ending June 30, 1991. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such a manner as to permit City to easily trace the expenditures of the funds. All books and records of organization are to be kept open for inspection at any time during the business day by the city or its officers or agents. 5. Hold Harmless Organization covenants and agrees to defend, indemnify, and hold harmless the city and its 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. payments hereunder are made with the understanding that the city is not involved in the performance of services or other activities of organization. organization and its employees and agents are independent contractors and are not employees or agents of the city in performing said services. 6. Termination city shall have the right to terminate this Agreement and any funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to organization and this agreement shall terminate ten days after the mailing of such notice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by city shall be returned to city. In addition, organization shall reimburse to city any funds expended which " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 ~ ~ 24 ~ 26 27 28 were used ~ this Agreement. purposes other thaA:)bose authorized under any est in city. 7. Assianment this Agreement organization shall not assign its inter- without the prior written approval of 8. Insurance Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure city, its elective and appointive boards, commissions, officers, agents and employees, permittee and its agents performing acts covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from organization's or its agents' operations hereunder, whether such operations be by organization or its agents or by anyone directly or indirectly employed by either Organization or its agents, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less than $100,000 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $100,000 on account of any one occurrence; (b) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of anyone occurrence. " 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 cit~hall be set forth as an~ditional named insured in each policy of insurance provided hereunder. 9. Organization hereby covenants that it has taken all actions to make the adherence to the obligations necessary imposed by this agreement a binding obligation of the organization. 10. 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 "D" Street San Bernardino, Ca 92418 Inland Empire Hispanic Chamber of Commerce P. O. Box 7300 San Bernardino, Ca 92411 11. Entire Aareement This Agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing 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. " AGREEMENT WIi:)INLAND EMPIRE HISPANIC C~ER OF COMMERCE FOR THE PROMOTION OF ARTS AND CULTURE. 1 2 3 4 5 6 7 CITY OF SAN BERNARDINO, a Municipal corporation of state of california ATTEST: W. R. Holcomb, Mayor City of San Bernardino Rachel Krasney City Clerk Approved as to form and legal content: INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE JAMES F. PENMAN 8 City Attorney 9" ' ,. cl' Zl~ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 President -6- - '. o o city of San Bernardino INTEROFFICE MEMORANDUM 9103-207 TO: SHAUNA EDWINS, CITY ADMINISTRATOR JL. ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES SUBJECT: COSTS FOR CINCO DE MAYO CELEBRATION AT NUNEZ PARK FROM: DATE: March 19, 1991 COPIES: ------------------------------------------------------------- The Inland Empire Hispanic Chamber of Commerce is requesting waiver of fees and use of city forces to conduct their Cinco de Mayo celebration at Nunez Park. Following are fees involved for furnishing manpower, equipment and facilities for the celebration: Fees for EQUipment and Facilities: Refuse charges for extra pick-up on Saturday 10 additional sets of bleachers 20 additional picnic tables 24 additional trash cans Ballfield light charges Use of Community Center Building Park Use Fee ($100 per day) Alcohol waiver Permit Manpower costs for police Department $ 215.00 1,260.00 225.00 60.00 360.00 708.00 300.00 100.00 $ 3,228.00 $ 9,230.00 The above costs are the primary additional costs involved with this event. However, there are other incidental costs for manpower and equipment use by Public Services Department for barricades and refuse arrangements, Facilities Management Department for checking and repairing any electrical ser- vices, Fire Department for checking carnival equipment and other equipment used in the festivities and this department for arranging and re-arranging facilities and schedules to provide for use of Nunez by the chamber. The services by all these departments are necessary for preparing the facilities for the festivities, but there is no fee structure for such costs. It is estimated that the hours, equipment and mater- ials involved would approximate an additional $2,100. 16:. AI .. - o 0 INTEROFFICE MEMORANDUM: 9103-207 COSTS FOR CINCO DE MAYO CELEBRATION AT NUNEZ PARK March 19, 1991 Page 2 summary of costs: Fees police manpower Incidental Total Fees $ 3,228.00 9,230.00 2.100.00 $14,558.00 These costs compare to those waived in previous years and to those waived for other cultural events such as the Black History Parade and related activities. tL:< 7: ~ Annie F. Ramos, Director Parks, Recreation and community Services AFR:jf . .