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HomeMy WebLinkAbout35-Council OfficeCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION /~'~, From: Councilman Dennis Baxter ~rri Second Wazd Dept: Council Office Date: July 11, 2008 Subject: Resolutiou authorizing the City Meuager to execute au Agreement with the Patrons of the Roosevelt Bowl for the provision of support services for Market Night at Perris Hill Park, and ratifying any action taken between April 17, 2008 and the date that this Resolutiou is adopted. M/CC Meeting Date: August 4, 2008 Synopsis of Previous Council Action: 3/20/06 Council authorized execution of a two-yeaz Agreement between the City and the Patrons of the Roosevelt Bowl to provide support services for Mazket Night at Perris Hill Park. Recommended motion: Adopt Resolution. 0 Signature Contact person: Dennis Baxter Second Ward Councilman Supporting data attached: Yes FUNDING REQUIREMENTS: Phone: 384-5222 Ward: 2nd Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item ~~~ S -~s-o8 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect• Resolution of the Mayor and Common Council of the City of San Bemazdino authorizing the City Manager to execute an Agreement with the Patrons of the Roosevelt Bowl for the provision of support services for Mazket Night at Perris Hill Pazk, and ratifying any action taken between April 17, 2008 and the date that this Resolution was adopted. Backeround: On Mazch 20, 2006, Council authorized the execution of an Agreement between the City of San Bernazdino and the Patrons of the Roosevelt Bowl to provide support services for Mazket Night at Perris Hill Pazk. The term of the Agreement was for twenty-four months, beginning April 17, 2006, and ending on April 16, 2008. Recommeudatiou• Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 17 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PATRONS OF THE ROOSEVELT BOWL FOR THE PROVISION OF SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK, AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 17, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute the Agreement between the City of San Bernazdino and the Patrons of the Roosevelt Bowl relative to support services for Mazket Night at Perris Hill Pazk, a copy of which is attached hereto, mazked Exhibit "A" and incorporated herein by reference as though fully set forth at length, and SECTION 2. That the implementation date of the Agreement is April 17, 2008; therefore, any action taken between April 17, 2008 and the date that this Resolution is adopted is hereby ratified, and SECTION 3. That 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. 18 /// 19 /// 20 21 /// III /// ~ ~ ~ /// 24 /// 25 /// /// ~ `D 111 O$ _ ~ ~ - D~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 20 21 22 23 24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PATRONS OF THE ROOSEVELT BOWL FOR THE PROVISION OF SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK, AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 17, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernazdino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: ESTRADA .BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK AYES NAYS ABSTAIN ABSENT Rachel Clazk, City Clerk The foregoing resolutiomis hereby approved this day of , 2008. Patrick J. Moms, Mayor City of San Bernazdino Approved as to Form: Penman, City Attorney AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL This Agreement is entered into this day of August, 2008, by and between the City of San Bernazdino, a municipal corporation (referred to herein as "City") and Patrons of the Roosevelt Bowl (a 501 (c) (3) non-profit organization (referred to herein as "Organization") (Sometimes jointly referred to herein as `Parties"). Recitals. Whereas, Organization has requested support services from City in order to assist in defraying the expenses connected with the conduct of events related to their "Mazket Night" Program at Penis Hill Park (the "Pazk") for the purpose of generating revenues to be used for improvements at the Roosevelt Bowl, aCity-owned facility; and Whereas, the support services proposed to be provided by the City aze for a valid municipal purpose, to wit: for the conduct of events related to the Organization's Weekly Mazket Night Program (the "Program") in Perris Hill Pazk for the purpose of generating revenues to be used for improvements at the Roosevelt Bowl, aCity-owned facility: and Whereas, the Patrons of the Roosevelt Bowl was established for the sole purpose of providing financial, physical, and program support for arts, culture, entertainment, and community activity at the Roosevelt Bowl Outdoor Amphitheater in San Bernazdino's Perris Hill Park: and Whereas, the weekly Mazket Nights at Perris Hill Park will be held during the months of April through September and during the month of December. Now therefore, for the consideration hereinafter set forth ,the Parties do hereby agree as follows: 1. The recitals set forth above aze hereby repeated and made a part hereof and are hereby deemed to be true. 2. Term. This Agreement is for an initial term commencing April 17, 2008 and ending on April 16, 2010. The Agreement may be renewed upon the written concurrence of the Parties executed on or before the expiration of the then current term. Any renewal shall be upon such terms and conditions as shall be mutually agreeable to the Parties and incorporated into the written renewal. 3. In support of the Program, the City hereby agrees to the following: A. Electricity: The City shall be responsible for the cost of electricity necessary to operate approved concessions and facilities of the Program. Approved concessions and facilities shall be those set forth on a list presented to the Director of Pazks and Recreation by the Organization at least thirty days prior to the first day of the Program. Sepazate and apart, Organization shall be responsible for the installation and all costs associated with the operation of any portable electrical system required to provide electricity to any individual vendor. B. Pazking/SignageBarricades: The City shall post, or cause to be posted with the assistance of Organization, in conformance with the law, 25 temporary "No pazking after 3:00 p.m. on Tuesday" signs to be placed along the Park roadway on the morning of the Program. The City will barricade, or cause to be barricaded, the Pazk roadway in conformance with the law, as needed before, during and after the Program. C. Pazks and Recreation Storage: The City shall provide space in the former ticket office and adjoining room at Fiscalini Field for storage and the conduct of meetings by Organization; for placement of the temporary electrical system; for storage of cazdboazd trash containers, for storage of no parking signs and miscellaneous supplies. The space shall be made available until such time as the Patrons/Junior University develop their own on-site storage facility or the expiration of this Agreement; whichever occurs first. D. Police: The Police Department shall provide police officers at no cost to the Organization for the Program as in the numbers and under the terms and conditions specified by the Police Chief. E. Street Banners: The City will provide yeaz-round availability of the banner location on Highland Avenue adjacent to the Park (and other locations as available as determined by City). The City's Marketing Public Affairs/Public Information Office will promote the Program in coordination with Patrons of the Roosevelt Bowl. F. Maintenance: City provide an adequate number of bags and cazdboazd trash receptacles as determined by City to collect the refuse of the attendees which will be emptied by Mazket Night staff into a 3 cubic yazd container with weekly service which the Organization will pay to lease from the City. 3. Accountability and Use of Funds by Organization Organization is solely responsible for the financial support, administration and management of Program. Organization hereby covenants and agrees that one hundred percent (100%) of its weekly net profit (weekly revenue minus weekly expenses) will be committed and spent on improvements to the Roosevelt Bowl. Organization will provide a monthly report to the Director of Pazks and Recreation ("Director") listing vendors, attendance, expenses and cash receipts. Additionally, Organization will provide monthly financial statements to the Director, which shall include, but not be limited to, the amount of funds spent by Organization on improvements to the Roosevelt Bowl. Organization further agrees to permit the City, its agents and representatives at reasonable intervals at any and all times upon reasonable advance notice, to inspect all books, records, and accounts for the weekly Market Night events. 4. Indemnity. Organization agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Organization, its employees, agents, concessionaires, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Organization agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Organization hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Organization relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. 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 automobile liability insurance, and all such riders as are related to the operation of the Program, in the amount of $2,000,000 per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents, as additional insureds. The policy shall be without right of subrogation against the City. The insurance provided shall carry the endorsement that "This insurance is primary and noncontributory as respects any loss or liability arising directly or indirectly from the insureds operations." A certificate of insurance evidencing such coverage shall be provided to the Mayor or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without thirty days prior notice to the City. 6. Organization shall obtain from the City and all other appropriate agencies, all such permits and approvals as shall be required. under law for the conduct of the Program, or any part thereof. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Organization shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. ASSIGNMENT. Organization shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Organization's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release Organization of Organization's obligation to perform all other obligations to be performed by Organization hereunder for the term of this Agreement. 9. Termination. This Agreement may be terminated by either Party upon the giving of thirty (30) days prior written notice. 10. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed y this Agreement a binding obligation of the Organization. 11. Notices. 12. 13 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: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Manager Venue As to Organization: Patrons of the Roosevelt Bowl 1833 Kenwood Avenue San Bernazdino, CA 92404 Attn: President The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of Califomia or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. Entire Agreement This Agreement and any documents or instruments referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writings 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. 14. Modification This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 15. Severability If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. In Witness Whereof ,the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO Fred Wilson, City Manager PATRONS OF THE ROOSEVELT BOWL By: President, Patrons of the Roosevelt Bowl Approved as to form: By. .. es F. Penman, ty Attorney