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.CITY OF SAN BE.QARDINO - REQUES~OR COUNCIL ACTION
From:
Annie R. Ramos, Director
Subject:
AUTHORIZATION TO UTILIZE CITY FORCES
AND EQUIPMENT, AND TO WAIVE THE COSTS
INCURRED RELATIVE TO ASSISTING CASA
RAMONA, INC., WITH THE 16TH OF SEPTEMBER
CELEBRATION AT SECCOMBE LAKE PARK.
Dept:
Parks, Recreation & Community Services
Date:
August 22, 1991
Synopsis of Previous Council action:
September 5, 1990 - Approved waiver of fees and use of City forces and equipment
for the Fourth Annual Mexican Independence Celebration at
Seccombe Lake Park.
August 21, 1991 -- Ways and Means Committee recommended approval of
utilization of City forces and equipment. waiver
of associated costs in connection with 16th of
September celebration. approval of agreement for
$5,000 in civic and promotional funding to help
defray the cost to Casa Ramona in the conduct of
the event.
Recommended motion:
1. That utilization of City crews and equipment for assisting Casa Ramona, Inc., a
non-profit corporation, in their 16th of September Celebration at Seccombe Lake
Park be authorized.
2. That the fees for use of facilities and equipment and the expenses incurred by
the use of City forces and equipment in providing assistance to Casa Ramona, Inc.
a non-profit corporation, for the 16th of September Celebration at Seccombe Lake
Park be waived.
3. Adopt resolution.
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Contact person: Ann i e F. Ramos. Di rector
Phone: 5030
FUNDING REQUIREMENTS:
Reoort & Faci1i~ Use Permit Ward: 1
$1, 81 to be absorbed by City departments.
Amount: $5,000 from Civic & Promotional Fund
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Source: (Acct. No.! 001-091-SJH2
Supporting data attached: Staff
Acct. Descri tion
Civic & Promotional Fund
Finance:
Council Notes:
Anpnrl;!i Itpm Nn
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CITY OF SAN BEI()lRDINO - REQUESTOoR COUNCIL ACTION
AUTHORIZATION TO UTILIZE STAFF REPORT
CITY FORCES AND EQUIPMENT,
AND TO WAIVE THE COSTS
INCURRED RELATIVE TO
ASSISTING CASA RAMONA, INC.,
WITH THE 16TH OF SEPTEMBER
CELEBRATION AT SECCOMBE LAKE
PARK.
Casa Ramona, Inc. a non-profit corporation, has scheduled
the use of Seccombe Lake Park for their Annual Mexican
Independence Celebration. As part of their request, Casa
Ramona has requested a waiver of the fees and costs involved
for use of the park. (see attached letter from Casa Ramona
dated July 22, 1991.) The Application/Permit for use of the
facility along with the Special Conditions, and a list of
fees and incidental manpower and equipment costs in the
amount of $1,681.00 involved for this event are also
attached.
Resolution No. 89-500 dated December 20, 1989 allows the
Mayor and Common Council to exempt non-profit corporations
and associations, organized primarily for patriotic, civic
betterment or charitable purposes, from the rates and fee
schedule for the use of park and recreation facilities, ser-
vices and equipment under the condition that paying the fees
would create a hardship or if the event is of unusual benefit
to the citizens of San Bernardino. This event is one in
which a large segment of the population participates and
which has been attended in the past four years by 7,000 to
10,000 people each year. This is a one day event featuring
entertainment, food and drink and culminating with the main
event in the evening which is a Mexican castillo a
fireworks display of large proportions.
Casa Ramona is providing security for the event in order to
mitigate the requirements of the city Police for this type of
celebration in a city facility.
This activity in Seccombe Lake Park has been extremely
successful in promoting Hispanic history and culture in our
city. The benefits of the event for all City inhabitants are
such that, as has been done for other such events, the fees
could be waived.
At their meeting of August 21, 1991, the Ways and Means Committee
recommended approval of the above requests. In addition, the
Committee recommended that an agreement be placed on the Council
Agenda for September 3 authorizing the expenditure of $5,000 in
civic and promotional funding to assist Casa Ramona in the conduct
of their 16 of September celebration. It is recommended that the
request for utilization of City forces and equipment, waiver of
8/21/91 attendant fees be approved and the agreement be adopted.
(STAFFRE:C.RAMON)
75-0264
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- CASA RAMONA,
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1524 WII' 7'11 5"..,
s.n le'Nrdino. Ce. 82411
Telephone 714/11ll.oo11
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,
July 22, 1991
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Honorable William R. Holcomb
Mayor of the City of San Bernardino
Members of the City Council
San Bernardino, CA 92415
Dear Honorable William R. Holcomb
and Members of the City Council
On Sunday, September 15, 1991, Casa Ramona and other community
based organizations will be hosting the 5th Annual Mexican In-
dependence Day Celebration at Seccombe Lake.
This year we are planning to start at 10:00 a.m. culminating
with our Castillo Fireworks display late that evening.
We are anticipating lining up Arts & Crafts displays, a full
day of live entertainment, many food booths and other activi-
ties for the public. As such, we are requesting a waiver of
all fees and costs associated with the assistance of the City
Departments.
We, at Casa Ramona appreciate the City's continued support.
,
?J=fty
Carmen Perez
Project Coordinator
CP:ja
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AN AUF SUPPORTED AGENCY
ARKS, RECREATION AND COMMUNITY
VICES
APPLICATION/PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
Name of organization:
CASA RAMONA, INC.
Facility desired:
SECOMMBE LAKE
Date: AUGUST 16, 1991
15TH OF SEPTEMBER - MEXICAN INDEPENCE DAY - CASTILLO CELEBRATION
Nature of activity:
Dateofactivity: SUNDAY. SEPTEMBER 15.1991
Time of activity: 1 0 : 00 AM/PM to 1 1 : 00 AM/PM
Estimate attendance: 2000
Is activity open to public? YES Admission Fee/Collection: NONE
Will activity require use or display of vehicles, equipment, signs, city personnel? YES
If yes, describe in detail:
VEHICLES AND EOUIPMENT FOR ASSISTANCE IN SETTING UP.
Will sound amplification or public addre.. system be used? YES Time of day amplifier i. to be u.ed:..1.1... AMIPM to..1.1AM/PM
(Section 12.80.130, City Municipal Code applies)
Applicant hereby acknowledge. that he/.he ha. read, understand., and will comply with all provisions of Chapter 12.80, MuniCipal
Code, City of San Bernardino, California partainlng to usa of Park and Recreation facilities.. Applicant hereby a..umes all respon.ibillty
to leave areas in a neet and clean condition. Applicant agr_ to hold harmless and indamnlfy tha City of San Bernardino, California,
from any and all liability for injury to parsons or proparty occurring es e result of this activity and agr..s to be liable to said City for
eny and all damage to any park, feclllty, building, pool, equipment, and furniture owned or controlled by City, which results from the
activity or permittee or i. cau.ed by any participant in said activity.
'NOTE: This permit is subject to cancelletion by eny Police Officer who determines violation of any provision of the City MuniCipal
Code.
CLEANING DEPOSIT: If arealfacility is not left in clean condition,
the depoSit shall be forfeited.
KEY DEPOSIT: Keys .hall be returned within two (2) working
days after the event for which the key Is) i. Issued. If key (s) Is not
~~f~aited' ~
Printed Name of Applicant
1524 WEST 7TH STREET
Address
SAN BERNARDINO. CA Q2411
City Zip
(714) 889-0011
Phone Number
ESTER ESTRADA
Signature of Applicant
AVAILABLE ~ YES _NO
SPECIAL CONDITIONS APPLY ~ YES _ NO
FEES/DEPOSIT(S) REQUIRED~YES_NO
FEES RECEIVED BY
ON RECEIPT # BY
DEPOSIT (S) RECEIVED BY
DEPOSIT RETURNED TO DATE
o APPROVED 0 DISAPPROVED DATE
Director, Park., Recreation & Community Services
DISTR1I1U1'.ON:
WHITE: APPl,.ICANY PINK: POLICE DEPT.
GREEN: FACIL.ITV GOL.DENROD: DEPOSIT FIL.E
CANARY: FILE
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SPECIAL CONDITIONS OF PERMIT
As Part of the Public Park Use Permit, the following repre-
sents an understanding between the city of San Bernardino
and ~p.. ({~1{)/JA
~ppliFant)
of c;C;7tCD M~ Ir/'d(f pAQ.~
~ Je( ~\~l}~me of facility)
- . (purJ?ose of use)
during the period S2~ f." / 10 A-fIt
( ate ,nd hour)
, relating to the use
for IlLJ 1i. c~ ~
to s~{r - Ii ?(A1.
date and hour)
All requirements must be completed not later than
~ Of 14'1 { Failure to
(5 or ing1days prior to event)
comply with any provision/requirement of these special
conditions will be cause for immediate termination of this
permit.
PERMITS AND LICENSES
Applicant agrees to obtain all necessary permits and licenses
required for the various activities and events to be
conducted throughout the period of use of the facility and to
provide proof of same to the parks, Recreation and Community
Services Department.
Following is a list of permits, licenses and other require-
ments:
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...... 1. TEMPORARY USE PERMIT - Apply for this in the Planning
and Building Services Office, Third Floor, City Hall.
...... 2. FIRE DEPARTMENT PERMIT - Apply for this at the City Fire
Department, 200 E. Third Street.
t'rW ~ 3. ENVIRONMENTAL HEALTH ITINERANT PERMIT - Apply for this
" at 385 N. Arrowhead Avenue.
-,4. BUSINESS LICENSE - This includes Business license for
each vendor and Service provider.) Apply for this at city
Clerk's Office, /Second Floor, City Hall.
~1.izvG~ 1c~ - {}'tJtu&~ k~iA~-e:r ~ ~t1. (3~
(I ~tu - ~ :;1-f(}'\J'"?~ J4:l)
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- 5. ABC LICENSE AND TEMPORARY SELLER'S
USE TAX RETURN (For Alcohol Sales )
State Board of Equalization Office, 303
o
PERMIT AND SALES AND
Apply for this at the
W. 3rd Street.
--6. Permit authorizing
tainment apply for
Narcotics Division.
Carnival and other outdoor enter-
this at city Police Dept., Vice and
Ride vendors will be in compliance with all California State
Division of Occupational Safety and Health policies dealing
with carnival amusement rides and covered under law by Labor
Code /Sections 7900 through 7915. Ride vendors will comply
with police Department personnel or other City department
personnel requests to inspect their ride permits. In the
event of a malfunction of an amusement ride or an accident
resulting in a patron injury or fatality, the ride vendor
will immediately notify the Police Department fully cooperate
with the investigation.
_ SECURITY AND CROWD CONTROL
Applicant will provide security and crowd control for the
event on a 24 hour basis with a written duty schedule to be
provided to the Parks, Recreation and Community Services
Department and the Police Department. The duty schedule will
provide the name, -address and telephone number for the
individual responsible for security along with the names and
duty times for each individual working as crowd controller
and/or day/night security guard.
___ CLEANLINESS OF FACILITY AND CLEAN-UP DEPOSIT
Applicant will provide for continuous clean-up during the
event. Applicant will make arrangements with city jlefuse-'
Division for provision of trash bins and for the time toe
bins are to be emptied. Applicant agrees to provide person-
nel to empty trash receptacles into the large trash bins
prior to scheduled pick-up time by the Refuse Division. A
facility Cleaning Deposit of $ ~C():- is required.
The falility shall be cleaned y applicant not later than
_ll~ tJ1't. /1iJ~.(A1...t"4)
(Dat / 1me) '...."'II"'""[
Cleaning Deposit shall be forfeited if, upon inspection by a
Parks, Recreation and Community Services Department represen-
tative, the facility has not been properly cleaned.
~EMERGENCY RESPONSE
Applicant agrees that in the event of an emergency response
by city forces as a result of activities of the event, all
salary and material costs shall be borne by the applicant:
i.e., plugged sewer lines, electrical failure, riots, mass
arrests, major crime responses, etc.
~~P~~"-
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~ ALCOHOLIC BEVERAGE SALES AND/OR CONSUMPTION
Alcoholic beverage use for any event on city property must be
approved by the city Administrator. In addition, alcoholic
beverage sales must be approved by the city Police Depart-
ment and an ABC License must be obtained. Alcohol use fees
are $.JflO ~ .
The Parks, Recreation and Community Services Department will
forward the request for Alcohol use to City Administrator
when the formal request is received and the alcohol waiver
fees are paid.
In the event that
approved for this
Harmless from any
the sale and/or use
premises.
alcoholic beverage sale and/or use is
event, the applicant shall hold the City
potential liability claims resulting from
of alcoholic beverages on the facility
Applicant will strictly enforce all ABC laws with particular
attention to the prohibition of sale and/or use of alcohol by
minors and by requiring proper identification when necessary.
......... CONTRACTURAL AGREEMENTS
Applicant shall furnish to
munity Services Department a
applicant and any vendors or
the event.
the Parks, Recreation and Com-
copy of signed contracts between
other providers of services for
~INSURANCE REQUIREMENTS
Applicant shall procure and maintain in force during the term
of this permit and any extension thereof, at its expense,
public liability insurance in companies and through brokers
approved by city, adequate to protect against liability for
damage claims through public use of or arising out of acci-
dents occurring in or around the premises, in a minimum
amount of $1,000,000. The City shall be named as additional
insured in the policy. The Applicant's insurance will be
primary to any coverage the City of San Bernardino may have
in effect. Such insurance policies shall provide coverage
for City's contingent liability on such claims or losses
resulting from activities of the permit. An appropriate
certificate of insurance shall be furnished to the Director
of Parks, Recreation and Community Services. Failure to
provide insurance as stated herein will be cause for
immediate termination of this permit.
In addition, all vendors and service providers shall provide
Certificates of Insurance in the amount of $1,000,000 with
the city named as additional insured.
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BOND FOR DAMAGES AND OTHER UNFORESEEN COSTS
Applicant shall provide a damage bond in the amount of $
~100a~ to cover damages to City property and equipment
which may occur and to recover other costs which may accrue
as a result of the scheduled activities.
FACILITY USE FEES & DEPOSITS
unit Quantity Unit Price Extension
(IV
.~....-
.- $
,
?'7.~
OO,~
:Ui. .~
111~ c~
l~
;)..0
- O'D
f), -
.ro
-
/.II/S. ~
~t
TOTAL $ ~
(REFUNDABLE)
CASH/CHECK
(~"'u.~~
[7eJ
lolJD
TOTAL $
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CASA RAMONA 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 Casa Ramona, 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 CAS~ONA RELATIVE TO FINANCIAL
ASSISTANCE.
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Councilmembers
ABSTAIN
ABSENT
AYES
NAYS
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
CASA RAMONA, 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: for the promotion of the Hispanic Community's
celebration of the 16th of september, 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 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, 1992 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 RQ 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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accountin~ the actual expenditure~f 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 <:)or any purposes
this Agreement.
t~ those authorized
under
other
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est
city.
7. Assianment Organization shall not assign its inter-
in this Agreement 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
less than $50,000 for damage to
account of anyone occurrence.
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Insurance. In an amount of not
the property of each person on
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~" ' D ] tUI
cQ, shall be set forth as Qadditional named insured
in each policy of insurance provided hereunder.
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9. Organization hereby covenants that it has taken all
actions necessary
to make the
adherence to the obligations
binding obligation
of the
this
agreement a
imposed 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 liD" street
San Bernardino, Ca 92418
Casa Ramona
1524 W. 7th Street
San Bernardino, CA 92411
11. Entire Aareement
This Agreement and any documents
16 or instruments attached hereto or referred to herein integrate
17 all terms and conditions mentioned herein or incidental hereto,
18 and supersede all negotiations and prior writing in respect to
19 the subject matter hereof. In the event of conflict between the
20 terms, conditions or provisions of this Agreement, and any such
21 document or instrument, the terms and conditions of this
22 Agreement shall prevail.
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AGREEMENT W~CASA RAMONA RELATIVE TO FINAN~ ASSISTANCE.
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
Rachel Krasney
city Clerk
w. R. Holcomb, Mayor
city of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
L~
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