HomeMy WebLinkAbout2008-082
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RESOLUTION NO.2008-82
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
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption
of this resolution.
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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.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a j oint regular meeting
thereof, held on the 17th day of March , 2008, by the fo~lowing vote to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
BAXTER ~
BRINKER X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK ----X-
1if~- /!J. ~
City Clerk
The foregoing resolution is hereby approved this c><.l.sr- day of March
2008.
~~
.ckJ.Morris,Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By: L 7f~
o
2
2008.
2008-82
AGREEMENT
Civic and Promotional
2.
Payment.
2008-82
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.
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3.
Use of Funds.
The funds paid to Organization shall be used solely for the purposes set forth in
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Paragraph 1 above. No deviation from these provisions shall be made without the express
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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
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
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submit the financial records in accordance with this section will result in the Organization
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reimbursing the City in the full amount received by Organization. At the conclusion of the
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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
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appropriate, such failure will result in the Organization reimbursing the City in the full amount
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received by Organization.
5. Hold Harmless.
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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
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2008-82
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
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made with the understanding that the City is not involved in the performance of services or other
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of the funds paid hereunder and all operations under this Agreement: Payments hereunder are
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.
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13 automobile liability insurance, in the amount of$l,OOO,OOO, per occurrence combined single
14 limit, naming the City of San Bernardino, its officers, employees and agents, as additionally
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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
15 insured. Said coverage shall require ten (10) days written notice to the City if insurance is
16 terminated or materially altered.
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to Organization and this agreement shall terminate ten days after the mailing of such notice. In
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Termination.
City shall have the right to terminate this agreement by mailing a ten-day written notice
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.
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8.
Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
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2008-82
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.
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9.
Notices. .
All notices herein required shall be in writing and delivered in person or
6 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
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2008-82
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.
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10.
Entire Agreement.
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
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supersede all negotiations and prior writing with respect to the subject matter hereof. In the
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event of conflict between the terms, conditions or provisions of this agreement, and any such
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document or instrument, the terms and conditions of this agreement shall prevail.
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lOIn witness whereof, the parties hereto have executed this agreement on the day and date
11 first above shown.
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By.
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18 ATTEST:
19 BY:YJllYic0~ YHfdilJaj kwrih
CIty Clerk T Vl-O
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SAN BERNARDINO DOWNTOWN ROTARY CLUB
BY.~~.
Tim Prince
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Approved as to form:
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23 James F. Penman
24 City Attorney
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2008-82
SAN BERNARDINO EXHIBIT A
REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I)
Name of Organization
SAN BERNARDINO DOWNTOWN ROTARY CLUB
Add ress
PO BOX 894, SAN BERNARDINO, CA 92402
Contact Person Phone Fax
TIM PRINCE 909 888-1 000 909 888-6601
Designation of 5-1 c (3) non-profit status of Organization (Attached: Yes_ No - X
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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
ReQistrations
Promotions, concessions, souvenirs, program sales
Donations
In Kind Services (Other than City Services)
Total Dollar Amount Requested of City
A. TOTAL PROPOSED REVENUES.
2008-82
REQUEST FOR CIVIC AND PROMOTION FUNDING
PROPOSED CURRENT BUDGET (PART II)
MUST BE SUBMITTED TO CITY MANAGER'S OFFICE 60 DA YS 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
Person nel/Salaries
Permits
Fire
Business License
ABC
Other
Insurance
City of San Bernardino (attached Yes No )
Park Damaqe Bond
Park Clean Up Deposit/Damage Bond
Secu rity
S.B.P.D.
Private Secu rity
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)
Summary:
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
2008-82
REQUEST FOR CIVIC AND PROMOTION FUNDING
REQUEST FOR FEE WAIVERS (PART III)
NAME 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
Secu rity
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) $16,392
For Office Use Only:
Departmental Costs In: Police
Fire
Public Services
Pu blic Works
Development Services
Facilities
Previous Year's Accounting Reviewed: Admin:
Finance
2008-82
Earth Day Fair Expo 08
Budget
Earth Dav Fair & Exoo
Saturdav. Aoril26. 2008
Budaet
Revenues
p. d
Sponsors rOJ8cte
2 x $10,000 $ 20,000.00
2 x $5,000 $ 10,000.00
5 X $1,000 $ 5,000.00
20 x $500 ~ - $ 10,000.00
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CitY Of San Bernardino $ 5,000.00
City 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 Drawing Ticket Sale $ -
Total Revenues $ 90,500.00
EXDenses
Music Band $ 3,000.00
Website $ 200.00
E-Blast $ 500.00
Radio Media (live Remote Action Broadcasts) $ 8,000.00
Banners $ 1,200.00
Television Media (Advertising and Personality) $ -
T-Shirts $ 400.00
Goodie Bags $ 6 600.00
Newspaper and Magazine Media $ 15,000.00
Police Explorer R.O. T.C. $ 1,500.00
Volunteer Essentials $ 1,500.00
OpportunitY Drawing Tickets $ 300.00
liabilItY Insurance $ 500.00
Waste $ 2,000.00
Sanitation $ 600.00
Printing $ 10,000.00
Meeting Food and Drinks $ 1,500.00
Office Supplies $ 1,000.00
Hotel - Fashion Show $ 200.00
3 $250 Savings Bond (Youth Art Contest) est $ 400.00
Electric Go Carts) $ 7,000.00
Promotional Items - 7 Plaques $ 200.00
Fencing $ 2,000.00
CitYUt ~an BernardIno (Police, fIre, PermIts & Fees) $- 25,000.00
Total Expenses $ 88,600.00
Net Income (Loss) $ 1,900.00
Prepared by David Christopher Howe 2/13/2008 5:03 PM
Attachment. 1
Page 1
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