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RESOLUTION(ID# 1629) DOC ID: 1629
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jorge Carlos M/CC Meeting Date: 03/05/2012
Prepared by: Cheryl Weeks, (909) 384-5188
Dept: Council Office Ward(s): 2
Subject:
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 17,2011 and the Date that This Resolution is Adopted.
Financial Impact:
Account Budgeted Amount: «Inert Amount»
Account No. «Inert Account No.»
Account Description: <<Insert Account Description
Balance as of: «Inert Date>>
Balance after approval of this item: «Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
10/06/2008 Resolution 2008-391 was adopted by the Mayor and Common Council.
09/15/2008 Council continued item.
09/02/2008 Council continued item.
03/20/2006 Council authorized execution of a two-year agreement between the City and
Patrons of the Roosevelt Bowl to provide support services for Market Night at
Perris Hill Park.
Background:
Updated:2/28/2012 by Linda Sutherland Page 1
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1629
The San Bernardino Farmers Fair and Market Night at Perris Hill Park is preparing to open for
their 2012 season on May 1,2012.
The San Bernardino Farmers Fair and Market Night is operated by the Patrons of the Roosevelt
Bowl, a 501 (c) 6 non-profit public benefit corporation. The purpose of Market Night is to
promote and raise funds for the upkeep of the Roosevelt Bowl, a city owned amphitheater at
Perris Hill Park in San Bernardino.
The adoption of this resolution will allow the city to provide support services for the Farmers
Fair and Market Night.
City Attorney Review:
Diane C. Roth
Suonortine Documents:
03-05-2012-#2 - Roosevelt Bowl Agrmt (PDF)
reso1629 (PDF)
03-05-2012 -#2 -PR Roosevelt Bowl Reso (MinmeTraq) (PDF)
agrmt 1629 (PDF)
Updated: 2/28/2012 by Linda Sutherland Page 2
I RESOLUTION NO.
O.. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
3 AGREEMENT WITH THE PATRONS OF THE ROOSEVELT BOWL FOR THE
4 PROVISION OF SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK
AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 17, 2010 AND THE DATE
5 THAT THIS RESOLUTION IS ADOPTED
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
7 BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City an Y
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9 Agreement between the City of San Bernardino and the Patrons of the Roosevelt Bowl relative to
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10 support services for Market Night at Perris Hill Park,a copy of which is attached hereto,marked mo
11 Exhibit"A" and incorporated herein by reference as fully as though set fort at length. a
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12 SECTION 2. That the implementation date of the Agreement is April 17,2010;therefore O�
13 any action taken between April l7,2010 and the date that this Resolution is adopted is hereby c
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14 ratified. �
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15 SECTION 3. That the authorization to execute the above referenced Agreement is ,o
16 rescinded if the parties to the Agreement fail to execute it within sixty 60 days of the passage of this N
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17 Resolution. A
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
t� BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
2 AGREEMENT WITH THE PATRONS OF THE ROOSEVELT BOWL FOR THE
PROVISION OF SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK
3 AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 17, 2010 AND THE DATE
4 THAT THIS RESOLUTION IS ADOPTED
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,held on the
7 day of 2012,by the following vote,to wit: t
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9 Council Members: AYES NAYS ABSTAIN ABSENT g
10 MARQUEZ m
I1 JENKINS d
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12 VALDIVIA $
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13 SHORETT
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14 KELLEY
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15 JOHNSON N
16 McCAMMACK
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19 Georgeann Hanna,City Clerk
City of San Bernardino e
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21 The foregoing resolution is hereby approved this day of 2012. E
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23 Patrick J. Morris,Mayor
24 City of San Bernardino
25 Approved as to Form:
26 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 5th day of March,2012, by and between the City of
San Bernardino("City")and Patrons of the Roosevelt Bowl a 501(c)(3)non-profit organization
("Organization"),sometimes jointly referred to herein as Parties.
Recitals:
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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 Z
Program at Perris Hill Park the Park for the purpose of generating revenues to be used for x
improvements at the Roosevelt Bowl,a City owned facility;and, `m
WHEREAS,the support services proposed to be provided by the City are for a valid c
municipal purpose,to wit: for the conduct of events related to the Organization s Weekly Market m..
Night Program("the Program")in Perris Hill Park for the purpose of generating revenues to be m
used for improvements at the Roosevelt Bowl,a City owned facility;and, c
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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
activities at the Roosevelt Bowl Outdoor Amphitheater in San Bernardino's Perris Hill Park;and, Y
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WHEREAS, the weekly Market Nights at Perris Hill Park will be held during the months r
of May through October, inclusive; m
Now therefore for the consideration hereinafter set forth the Parties do hereby
agree as follows: 0
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1. The recitals set forth above are hereby repeated and made a part hereof and are
hereby deemed to be true. 0
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2. Term. This Agreement is for an initial term commencing April 17,2010 and E
ending on April 16,2014. 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 d
written renewal. E
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3. In support of the Program the City hereby agrees to the following: a
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,Recreation and Community Services by
the Organization at least thirty days prior to the first day of the Program.
CITY OF SAN BERNARDINO
PATRONS OF ROOSEVELT BOWL Page I
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. Parking/Signage/Barricades: The City shall post or cause to be posted,
with the assistance of Organization and 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 s
with the law as needed before during and after the Program.
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C. Parks and Recreation Storage: The City shall provide space in the former Y
ticket office and adjoining room at Fiscalini Field for storage and the
conduct of meetings by Organization,for placement of the temporary 3
electrical system, for storage of cardboard trash containers, for storage of �0
no parking signs and miscellaneous supplies. The space shall be made
available until such time as the Patrons/Junior University develop thew m
own on site storage facility or the expiration of this Agreement whichever o
occurs first. 0 it
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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
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conditions specified by the Police Chief. �
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E. Street Banners: While Market Night is in season the City will provide use
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of the banner location on Highland Avenue and other locations as
available. Banner shall be mounted by City Employees.
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F. Maintenance: City shall provide an adequate number of bags and m
cardboard trash receptacles, as determined by City,to collect the refuse of It
the attendees. The refuse receptacles shall be emptied by Market Night r
staff'into a 3-cubic yard container with weekly service which the
Organization will pay to lease from the City.
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4. Accountability and Use of Funds by Organization. Organization is solely N
responsible for the financial support,administration and management of Program. Organization d
hereby covenants and agrees that one hundred percent(100%)of its weekly net profit(weekly E
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,Recreation and
Community Services 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.
CITY OF SAN BERNARDINO
PATRONS OF ROOSEVELT BOWL Page 2
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 attorneys' fees,the City,
its elected officials,employees,agents or representatives from any and all legal actions based O
upon such actual or alleged acts or omissions. Organization hereby waives any and all rights to Z
any types of express or implied indemnity against the City, its elected offi cials, employees, x
agents or representatives with respect to third party claims against the Organization relating to or g
in any way connected with the accomplishment of the work or performance of services under ;
this Agreement. m°
6. Insurance. While not restricting or limiting the foregoing, during the term of this N
Agreement Organization shall maintain in effect policies of comprehensive public,general and o
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 w
Bernardino,its departments,agencies,boards, commissions,elected officials,officers,attorneys, S
employees and agents as additional insureds. The policy shall be without right of subrogation d
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 N
the insured's operations,"
A certificate of insurance evidencing such coverage shall be provided to the City's Risk c
Manager with the added notation that the insurance policy shall not be terminated or materially .2
altered without thirty days' prior written notice to the City. 'n
7. Organization shall obtain from the City and all other appropriate agencies all such N
permits and approvals as shall be required under law for the conduct of the Program or any part
thereof. E
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8. Non-discrimination. In the performance of this Agreement and in the hiring and m
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, E
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.
9. 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
temunation of this Agreement. Regardless of City's consent,no subletting or assignment shall
CITY OF SAN BERNARDINO
PATRONS OF ROOSEVELT BOWL Page 3
release Organization of Organization's obligation to perform all other obligations to be
performed by Organization hereunder for the term of this Agreement.
10. Termination. This Agreement may be terminated by either Party upon the giving
of thirty(30)days'prior written notice.
11. Notice. All notices herein required shall be in writing and delivered in person or
sent by certified mail,postage prepaid,addressed as follows:
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As to City: As to Organization: rn
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City of San Bernardino Patrons of the Roosevelt Bowl x
300 North D Street 1833 Kenwood Avenue m
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San Bernardino CA 92418 San Bernardino, CA 92404 ;
Attn: City Manager Attn: President c
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12. Authorization to Execute. Organization hereby covenants that it has taken all
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actions necessary to make the adherence to the obligations imposed y this Agreement a binding o
obligation of the Organization z
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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 m
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the County of San Bernardino, State of California,or the U. S. District Court for the Central �
District of California,Eastern Division. The aforementioned choice of venue is intended by the N
parties to be mandatory and not permissive in nature.
14. Governing Law. This Agreement shall be governed by the laws of the State of c
California.
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15. Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of the parties to this Agreement and their respective heirs,representatives,successors,
and assigns.
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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 a
affect the validity or enforceability of the remaining terms and provisions hereof or of the d
offending provision in any other circumstance,and the remaining provisions of this Agreement
shall remain in full force and effect.
17. Remedies; Waiver. All remedies available to either party for one or more
breaches by the other party are and shall be deemed cumulative and may be exercised separately
or concurrently without waiver of any other remedies. The failure of either party to act in the
event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or
a waiver of future breaches,unless such waiver shall be in writing and signed by the party
against whom enforcement is sought.
CITY OF SAN BERNARDINO
PATRONS OF ROOSEVELT BOWL Page 4
18. Entire Agreement;Modification. This Agreement constitutes the entire agreement
and the understanding between the parties, and supersedes any prior agreements and
understandings relating to the subject matter of this Agreement. This Agreement may be
modified or amended only by a written instrument executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 2012 Dated: 2012 s
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CITY OF SAN BERNARDINO PATRONS OF THE ROOSEVELT BOWL z
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By: By:
Charles McNeely, City Manager President 0
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APPROVED AS TO FORM: e
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James F. Penman, City Attorney m
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CITY OF SAN BERNARDINO
PATRONS OF ROOSEVELT BOWL Page 5