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C?ITY OF SAN BE~RbINO - REQUESTOOR COUNCIL ACTION
Frgm: Fred Wilson
Asst. City Administrator
Dept: Administration
Subject: Resolution authorizing an agreement with
Roosevelt Bowl -- granting $10,000 from
Civic & Promotional Fund.
Date: August 23, 1991
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt resolution.
Signature
Fred Wilson
Phone:
5122
Contact person:
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: $10.000
S3<oz4>
001-091 S366!
Source: (Acct. No.l
IAcct. DescriDtion)
Civic & Promotional Fund
Finance: 17,12-;/
Council Notes:
Agenda Item No
/'7
~ITY OF SAN BE~RDINO - REQUEST())R COUNCIL ACTION
STAFF REPORT
The requested funds will provide for continued programing at
Roosevelt Bowl for the Indian Summer and Rites of spring
musical entertainment series. The series has been successful
in the past years with six (6) programs in the Indian Summer
series in september-october 1990 and seven (7) programs in
the Rites of spring series during May-June 1991, approxi-
mately 3,000 people have attended during these past two
series.
Donations are received at each performance and it is anti-
cipated that $1,710 will be received in the coming two series
in Fall 1991 and spring 1992. The cost for facility operat-
ion and maintenance and part-time staff is borne by the
Parks, Recreation and Community Services Department Budget
and the advertising is donated by the Sun as a co-sponsor of
the events.
with the acquisition of this funding, the series will not
only continue but will grow and increase in value to the
citizens as more exciting programs will be enticed with the
community responding accordingly.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ROOSEVELT BOWL RELATING TO
FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR
FISCAL YEAR 1991-92.
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
hereby authorized and directed to execute on behalf of said City
an Agreement with Roosevelt Bowl, 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is rescinded if the parties to the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
passage of this resolution.
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 thereon, held on the
, 1991, by the following vote,
day of
to wit:
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RESOLUTION ~ORIZING AN AGREEMENT WITH ROOOLT BOWL RELATIVE TO
FINANCIAL AS~TANCE.
Councilmembers
~
ABSTAIN
ABSENT
~
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
The foregoing resolution is hereby approved this
day of
, 1991.
w. R. HOLCOMB, MAYOR
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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AGREEMENT
civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the ROOSEVELT BOWL, 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 1991-92, 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.
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B. The expenditure is for a valid municipal public
purpose, to wit: entertainment series of admission-free
concerts for the community, 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 1991-92 fiscal year, the total sum of ten thousand
dollars ($10,000) 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, 1992 and any unexpended funds shall be
returned to the City by Organization.
4. Accountina Organization shall provide the informat-
ion listed under the Actual Column on the Request for Funding
form within 2Q 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
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accountinJC)f the actual expenditure(:)of all revenues accruing
to the Organization for the fiscal year ending June 30, 1992.
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
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were used~ any purposes otherthC:> those authorized under
this Agreement.
7. Assianment
est in this Agreement
city.
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:
(al 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;
(bl 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.
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~ shall be set forth as a~dditional named insured
in each policy of insurance provided hereunder.
9. organization hereby covenants that it has taken all
actions necessary to make the adherence to the obligations
imposed
this agreement
a binding obligation of the
by
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 "0" Street
San Bernardino, Ca 92418
Roosevelt Bowl
city of San Bernardino
547 N. Sierra Way
San Bernardino, Ca 92410
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.
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AGREEMENT WOROOSEVELT BOWL RELATIVE TO FlOIAL ASSISTANCE.
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
W. R. Holcomb, Mayor
City of San Bernardino