HomeMy WebLinkAbout39-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
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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.
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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 Bernardino and the Patrons of the Roosevelt Bowl relative to support services
for Market Night at Perris Hill Park, a copy of which is attached hereto, marked 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.
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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
Cornmon Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
This Agreement is entered into this
day of September, 2008, by and between the City of
San Bernardino, 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 "Market Night" Program at
Perris Hill Park (the "Park") for the purpose of generating revenues to be used for
improvements at the Roosevelt Bowl, a City-owned facility; and
Whereas, the support services proposed to be provided by the City are for a valid municipal
purpose, to wit: for the conduct of events related to the Organization's Weekly Market Night
Program (the "Program") in Perris Hill Park for the purpose of generating revenues to be used
for improvements at the Roosevelt Bowl, a City-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 Bernardino's Perris Hill Park: and
Whereas, the weekly Market 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 are hereby repeated and made a part hereof and are hereby
deemed to be true.
Exhibit "A"
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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.
In support ofthe 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 Parks and
Recreation by the Organization at least thirty days prior to the first day of the Program.
Separate 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, ParkinglSignage/Barricades: The City shall post, or cause to be posted with the
assistance of Organization, in conformance with the law, 25 temporary "No parking
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 Park roadway in
conformance with the law, as needed before, during and after the Program.
C. Parks 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 cardboard
trash containers, for storage of no parking signs and miscellaneous supplies, The space
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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 in the numbers and under the terms and conditions
specified by the Police Chief.
E. Street Banners: While Market Night is in Season, the City will provide use of the
banner location on Highland Avenue (and other locations as available).
F. Maintenance: City shall provide an adequate number of bags and cardboard trash
receptacles as determined by City to collect the refuse of the attendees which will be
emptied by Market Night staff into a 3 cubic yard container with weekly service which
the Organization will pay to lease from the City. .
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 Parks 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.
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5.
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.
Insurance.
6,
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
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7.
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.
Obligation to Obtain Permits
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.
8.
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,
9.
national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual gender or sexual orientation, or any other status protected by law.
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 ofthis Agreement.
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10.
Termination.
This Agreement may be terminated by either Party upon the giving of thirty (30) days
prior written notice.
11.
Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to make the
adherence to the obligations imposed by this Agreement a binding obligation of the
Organization.
12.
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
Attn: City Manager
Patrons of the Roosevelt Bowl
1833 Kenwood Avenue
San Bernardino, CA 92404
Attn: President
13.
Venue
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 California 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.
14,
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
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terms, conditions or provisions of this Agreement, and any such document or instrument,
the terms and conditions ofthis Agreement shall prevail.
15. Modification
This Agreement may be modified or amended only by a written instrument executed by
all parties to this Agreement.
16. 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
By:
City Manager
PATRONS OF THE ROOSEVELT BOWL
By:
President, Patrons of the Roosevelt Bowl
Approved as to form:
By:
James F. Penman,
City Attorney
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE PATRONS OF THE ROOSEVELT BOWL
This Agreement is entered into this
day of September, 2008, by and between the City of
San Bernardino, 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 "Market Night" Program at
Perris Hill Park (the "Park") for the purpose of generating revenues to be used for
improvements at the Roosevelt Bowl, a City-owned facility; and
Whereas, the support services proposed to be provided by the City are for a valid municipal
purpose, to wit: for the conduct of events related to the Organization's Weekly Market Night
Program (the "Program") in Perris Hill Park for the purpose of generating revenues to be used
for improvements at the Roosevelt Bowl, a City-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 Bernardino's Perris Hill Park: and
Whereas, the weekly Market 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 are hereby repeated and made a part hereof and are hereby
deemed to be true.
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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.
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 Parks and
Recreation by the Organization at least thirty days prior to the first day of the Program.
Separate 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. ParkingiSignagelBarricades: The City shall post, or cause to be posted with the
assistance of Organization, in conformance with the law, 25 temporary "No parking
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 Park roadway in
conformance with the law, as needed before, during and after the Program.
C. Parks 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 cardboard
trash containers, for storage of no parking signs and miscellaneous supplies. The space
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shall be made available until such time as the Patrons/Junior University develop their
own on-site storage facility or the expiration ofthis Agreement; whichever occurs first.
D, Police: The Police Department shall provide police officers at no cost to the
Organization for the Program in the numbers and under the terms and conditions
specified by the Police Chief.
E. Street Banners: While Market Night is in Season, the City will provide use of the
banner location on Highland Avenue (and other locations as available).
F. Maintenance: City shall provide an adequate number of bags and cardboard trash
receptacles as determined by City to collect the refuse of the attendees which will be
emptied by Market Night staff into a 3 cubic yard container with weekly service which
the Organization will pay to lease from the City.
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 Parks 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.
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Indemnity,
Organization agrees to and shall indemnify and hold the City, its elected officials,
employees, agents or representatives, free and hannless 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.
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
6.
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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.
Obligation to Obtain Permits
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.
8.
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
9.
status, sexual gender or sexual orientation, or any other status protected by law.
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.
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10.
Termination.
This Agreement may be terminated by either Party upon the giving of thirty (30) days
prior written notice.
II.
Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to make the
adherence to the obligations imposed by this Agreement a binding obligation of the
Organization.
12.
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
Attn: City Manager
Patrons ofthe Roosevelt Bowl
1833 Kenwood Avenue
San Bernardino, CA 92404
Attn: President
13.
Venue
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 California or the U.S. District Court for the Central ~istrict of
California, Riverside ~ivision, The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
14. 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
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terms, conditions or provisions of this Agreement, and any such document or instrument,
the terms and conditions of this Agreement shall prevail.
15. Modification
This Agreement may be modified or amended only by a written instrument executed by
all parties to this Agreement.
16. 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
By:
City Manager
PATRONS OF THE ROOSEVELT BOWL
By:
President, Patrons ofthe Roosevelt Bowl
Approved as to form:
7.