HomeMy WebLinkAbout17- City Administrator CITY OF SAN BERN iDINO - REQUEST F. R COUNCIL ACTION
From: Shauna Clark, City Administrator Subject: Resolution relative to request
from Inland Empire Hispanic
Dept:- Administration Chamber of Commerce regarding
Cinco de Mayo Celebration
Date: April 12 , 1994
Synopsis of Previous Council action:
4/11/94 Recommended for approval by Ways and Means Committee
Recommended motion:
Adopt Resolution.
Signature
Contact person: Shauna Clark Phone: 384-5122
Supporting data attached: yes Ward:
85, 000 in civic/promotion FY93/94 funds
FUNDING REQUIREMENTS: Amount:$11y511 in ;n-kind services
Source: (Acct. No.) 001-091-53662
(Acct. Description)
Finance: fzd", 'L'
Council Notes:
75-0262 Agenda Item No.— 17
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CU 41
UEEO CN
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE
3 RELATING TO FY 93/94 CIVIC AND PROMOTION FUNDING ASSISTANCE, USE OF
CITY FACILITIES AND EQUIPMENT AND WAIVER OF CITY FEES IN CONNECTION
4 WITH THEIR CINCO DE MAYO CELEBRATION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
8
agreement with THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, a
9
copy of which is attached hereto, marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth at
11 length.
12 SECTION 2 . The authorization to execute the above referenced
13 agreement is rescinded if the parties to the agreement fail to
14 execute it within sixty (60) days of the passage of this
15 resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a meeting thereof, held on the day
19 of , 1994, by the following vote, to wit:
20 Councilmembers AYES NAYS ABSTAIN ABSENT
21 NEGRETE
22 CURLIN
23 HERNANDEZ
24 OBERHELMAN
25 DEVLIN
26 POPE-LUDLAM
27 MILLER
28
RESOLUTION AUTHORIZING AGREEMENT WITH INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE RELATING TO CINCO DE "9yO 1994.
1
2
3 City Clerk
4 The foregoing resolution is hereby approved this day of
5 , 1994 .
6
Tom Minor, Mayor
7 City of San Bernardino
8 Approved as to form
and legal content:
9
JAMES F. PENMAN
10 City Attorney
11 By:
12
13
14
15
16
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20
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22
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-2-
1
2
A G R E E M E N T
3
Civic and Promotional
4
5 THIS AGREEMENT is entered into between the CITY OF SAN
6 BERNARDINO, a municipal corporation, referred to as "City", and
7 THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, a non-profit
8 organization, referred to as "Organization. "
9 The parties agree to as follows:
10 1. Recitals.
11 A. Organization has requested assistance from the City
12 for fiscal year 1993-94 , in terms of use of City facilities and
13 waiver of City departmental equipment and labor costs in order to
14 assist in defraying the expenses connected with the CINCO DE MAYO
15 CELEBRATION activities sponsored by Organization and scheduled for
16 May 7 and 8, 1994, as outlined in their letter to the Mayor and
17 Common Council dated March 16, 1994, a copy of which is attached
18 hereto marked Attachment "A" .
19 B. Organization has further requested a direct
20 allocation of funds from the City's civic and promotion fund for FY
21 1993/94 , to support the conduct of this event, as outlined in their
22 Request for Funding Proposal presented to the Ways and Means
23 Committee, a copy of which is attached hereto and marked Attachment
nB
24 u
25 The terms of the request are incorporated herein by reference
26 and shall govern the use of City funding, facilities and services.
27 The assistance provided for in this agreement is made on a one-time
28
1 basis, and approval shall not imply a continuing obligation of the
2 City beyond the terms of this Agreement.
3 C. The above request is for a valid municipal public
4 purpose, to wit: the promotion of Organization's Cinco de Mayo
5 celebration.
6 2 . Facility Use Permit. Provided all internal City permit
7 processing requirements have been met to the satisfaction of the
8 respective departments, City shall grant the use of La Plaza Park
9 for a Cinco de Mayo celebration on May 7 and 8, 1994 from 12 : 00
10 Noon to 10:00 p.m. on each day.
11 The organization is prohibited from using said park for the
12 operation of a carnival.
13 3 . Payment. Upon presentation to the City of invoices
14 certified by the Organization as valid for services rendered to the
15 Organization by outside vendors for their Cinco de Mayo
16 celebration, and are deemed in accordance with the Organization's
17 Request for Funding Proposal previously submitted, City shall pay
18 said invoices from the civic and promotion fund budget for FY
19 1993/94 in a total amount not to exceed FIVE THOUSAND DOLLARS
20 ($5, 000) in the manner prescribed below:
21 a. Upon acceptance by the City of the validity of
22 vendors' invoices, a check will be issued to the Organization in an
23 amount equal to the total sum of invoices submitted. It shall be
24 the responsibility of the Organization to pay said invoices from
25 this amount. Under no circumstances, shall the total amount of the
26 City's remittance to Organization exceed FIVE THOUSAND DOLLARS
27 2
28
1 ($5, 000. 00) .
2 4 . Use of Funds. The funds paid to Organization shall be
3 used solely for the purposes set forth in Paragraphs 1 and 3 above.
4 No deviation from these provisions shall be made without the
5 express approval of the City of San Bernardino. Any unexpended
6 funds shall be returned to the City by Organization.
7 5. Accounting. At the request of the City Administrator,
8 Organization shall submit to the City Administrator, with a copy to
9 the Finance Director, an accounting of the actual expenditures
10 connected with said event as it relates to the funds which were
11 provided by the City as compared to Organization' s proposed
12 expenditures outlined in their Request for Funding Proposal. In
13 addition, Organization shall submit cancelled checks showing proof
14 of payment to vendors as outlined in Section 3 and 3 (a) above.
15 Financial records shall be maintained in accordance with
16 generally accepted accounting principles by Organization in such
17 manner as to permit City to easily trace the expenditure of the
18 funds. All books and records of Organization are to be kept open
19 for inspection at any time during the business day by the City or
20 its officers or agents. Failure to submit the financial records in
21 accordance with this section will result in the Organization
22 reimbursing the City in the full amount received by Organization.
23 6. Hold Harmless. Organization covenants and agrees to
24 defend, indemnify, and hold harmless the City and its employees and
25 agents from all liabilities and charges, expenses (including
26 counsel fees) , suits, or losses however occurring, or damages
27 3
28
1 arising or growing out of the use or receipt of said services
2 hereunder and all operations under this agreement. Approval of
3 request hereunder is granted with the understanding that the City
4 is not involved in the performance of services or other activities
5 of organization.
6 7 . Termination. City shall have the right to terminate
7 this agreement for any reason by mailing a ten-day written notice
8 to Organization and this agreement shall terminate ten days after
9 the mailing of such notice.
10 8 . Permits and Insurance. Organization shall obtain all
11 permits required for its activities and comply with all insurance
12 requirements applicable thereto including obtaining such public
13 liability and property damage insurance as shall insure City, its
14 elective and appointive boards, commissions, officers, agents and
15 employees, permittee and its agents performing acts covered by this
16 agreement from claims for damages for personal injury, including
17 death, as well as from claims for property damage which may arise
18 from Organization's or its agents' operations hereunder, whether
19 such operations be by Organization or its agents or by anyone
20 directly or indirectly employed by either Organization or its
21 agents, and the amount of such insurance shall be as follows:
22 a. Public Liability Insurance. In an amount not less than
23 $1, 000, 000 combined single limit for injuries including, but not
24 limited to, death to any one person, and subject to the same limit
25 for each person, in an amount not less then $1, 000, 000 on account
26 of any one occurrence.
27 4
28
I City shall be set forth as additional named insured under the
2 above policy. The company from which the insurance is obtained
3 shall be rated as an A+ company in the "BEST GUIDE. " Proof of
4 insurance shall be required for submittal no later than 72 hours
5 prior to the conduct of the event.
6 9. Endorsement for Liouor Liability.
7 City shall be set forth as an additional named insured
8 under the above referenced insurance policy requirement. If
9 alcohol is to be served, an additional endorsement for liquor
10 liability is required in the amount of $1, 000, 000.
11 10. Waiver of Fees. Upon satisfaction of all City
12 departments ' permit requirements and terms and conditions as
13 outlined in the Application Permit to Use a Public Park or
14 Recreation Facility (Attachment B) with respect to this event,
15 applicable fees estimated at ELEVEN THOUSAND FIVE HUNDRED AND
16 ELEVEN DOLLARS ($11,511.00) will be waived.
11 11. Extraordinary Law Enforcement Services
18 Organization shall be responsible for any extraordinary law
19 enforcement measures determined necessary by the Chief of Police
20 pursuant to Municipal Code Chapter 8 . 82 .
21 12 . Authorization to Execute. Organization hereby covenants
22 that it has taken all actions necessary to make the adherence to
23 the obligations imposed by this agreement a binding obligation of
24 the organization.
25 13 . Notices. All notices herein required shall be in
26 writing and delivered in person or sent by certified mail , postage
27 5
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1 prepaid, addressed as follows:
2
3 As to City: As to Organization:
4 City of San Bernardino Hispanic Chamber of Commerce
300 North "D" Street 555 North "D" Street
5 San Bernardino, Ca 92418 San Bernardino, CA 92410
Attn: City Administrator Attn: President
6
7 14. Entire Agreement. This agreement and any documents or
8 instruments attached hereto or referred to herein integrate all
9 terms and conditions mentioned herein or incidental hereto, and
10 supersede all negotiations and prior writing in respect to the
11 subject matter hereof. In the event of conflict between the terms,
12 conditions or provisions of this Agreement, and any such document
13 or instrument, the terms and conditions of this Agreement shall
14 prevail.
15
16 ATTEST
CITY OF SAN BERNARDINO, a
17 Municipal Corporation of
State of California
18
19 TOM MINOR
Mayor
20
21 HISPANIC CHAMBER OF COMMERCE
22
23 President
24
25
26
27
6
28
Q�OEMPi�y/�'O Cl/1llI7L(}C/'
��ofl1U72P/'CC
SR?nt D
r and oun
n dern .rdir.o, Calif;rnia 2 418
ntlemen
6e request the use of Plaza Park to celebrate our Clnco de Mayo
Fics'..a on May 7th & 8th , 1994 .
We request sale of teer. We would like closure of 7th Street
between hit . Vernon and alley in back of the shopping center at
the north side of :ark . We also request 20 tables, 20 trash
_acs , also a large dinosaur for our trash.
As a_ says we are requesting the wavier of fees and other
assessr.en*_s .
For f-:rt!-:er 'nforma*. ion please contact Mr. .Alfredo Enciso
a,. ! ?, ) 888-2791 . ;hank you for your continued support .
-r.cerely
_r ..cc-DO E-::C1SC 9
cc/Ann 71.amos-Parks S Recreation Director
Dan Robbins-Chiof of Police RECEIVED
Will '':right- Fire°Chief
MAR ?- 1994
RED.& comm. M..
P.O. Box 7300 • San Bernardino,CA 92411 . (909) 88 8-2188
r PARKS, RECREATION AND COMMUNITY SERVICES
APPLICATION/PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
Date of Application: 3 -2 i
Name and Address of Applicant/Organization: #-��/+/r/t , �/•/ -�/C �^ �� � /�'✓6��C
Cf20Fn 7' Cl/ /�.nS/J�f�/'. S fi� J?r
�f
Facility Requested: �A -�
J((yy
Date of Active *' Time of Activity: / '� A.MJR.N. To U
y: ity: fir_ M AM P.M.
Nature of ActivitylEvent /SO ` r/'^ J� Y /� �.!/ L��` I-A n TILT -�-ri
Describe Planned Activities: hL�'1" �Y /sJ�L /"��l!��'?✓l 60w) I,,QQ TILT JJ(;l-/�
Estimated Attendance: /0 //Is Activity Open to the Public? L r, Admission Fee? �
Will Sound Amplification or Public Address System be Used? J
Time of Day Amplifier is to be Used: A.M./RN. T' o /0 -4.wR.M. aAA
(Section 12.80.130,City Municipal Code Applies.),,I7.CrA(
0
HOLD HARMLESS AGREEII
Applicant hereby acknowledges that he/she has read,understands,and will comp:;Yith all provisions of Chapter 12.80,Municipal
Code, City of San Bernardino, California pertaining to use of Park and Recreation facilities.' Applicant hereby assumes all
responsibility to leave areas in a neat and clean condition.Applicant agrees to hold harmless and indemnify the City of San Bernardino,
California,from any and all liability for injury to persons or property occuring as a result of this activity and agrees to be liable to said
City for and all damage to any park,facility,building,pool,equipment,and furniture owned or controlled by City,which results from
the activity or permittee or is caused by any participant in said activity. ^ _
Igna reo pplcant
N
'NOTE:This permit is subject to cancellation by any Police Officer AILABLE:_YES NO
who determines violation of any provision of the City Municipal Code.
SPECIAL CONDITIONS APPLY:-/ O
YES _N
CLEANING DEPOSIT: If areaAacil'Ity is not left in clean condition,the FEESIDEPOSIT(S)REQUIRED:JL YES _NO
depose shall be forfeited. FEES:RECEIVED BY:
KEY DEPOSIT: Keys shall be returned within two(2)working days ON OSIT(S):RECEIPTS: BY:
after the event for which the key(s)is issued. 0 keys)is not returned DEPOSIT(:): RECEIVED BV:
promptly,the deposit shall be forfeited. DEPOSIT RETURNED TO: DATE.
r�lr/I'J c=r,;�J��C" OAPPROVED ODISAPPROVED DATE:
P ntyd Name of licant
Address
(i f� q Director,Parks,Recreation 8 Community Services
dI��
DISTRIBUTION:
/I WHRE: DEFTIFACLITY
City zip Phone Number GREEN: APPLICANTIUSER
A, I ! n CANARY: DEPOSIT FILE
�tCxJ PINK: POLICE DEPT.
Signature of Applicant GOLDENROD:RISK MGMT.
0 0
SPECIAL CONDITIONS OF PERMIT
As Part of the Public Park Use Permit, the following
represents an understanding between the City of San
Bernardino and 1) r{41' ILt y((idel r( C ' relating to the use
(applicant) A�
of for
(name of facility)
(purpose of use) F,,,,;.fn c..,, f'
to
-�I�TAlf
during the period � f� ti
(da a and hour) (date and hour)
All requirements must be completed. Failure to complete
any of these 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 Departments.
Following is a list of permits, licenses and other
requirements:
1. FIRE DEPARTMENT PERMIT - Apply for this at the City
Fire Department, 200 E. Third Street.
2. ENVIRONMENTAL HEALTH ITINERANT PERMIT - Apply for
this at 385 N. Arrowhead Ave.
3 . BUSINESS LICENSE - This includes a Business License
for each vendor and service provider. ) Apply for
this at City Clerk's office, Second Floor, City
Hall .
1
4 . ABC LICENSE AND TEMPORARY SELLER'S PERMIT AND SALES
AND USE TAX RETURN - (For Alcohol Sales) Apply for
this at the State Board of Equalization Office, 303
W. 3rd Street.
1 5. Permit authorizing Carnival and other outdoor
entertainment - apply for this at City Police Dept. ,
II �U Vice and Narcotics Division.
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
otherCity departm nt in theleventte r
ofa malfunction of an
amusement ride or an accident resulting in a patron
injury or fatality, the ride vendor will immediately
notify the Police Department and fully cooperate with the
investigation.
SECURITY AND CROWD CONTROL
Applicant will provide security and crowd control for the
n 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
CB with the names and duty times for each individual working
�v1 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 Refuse
Division for provision of trash bins and for the time the
bins are to be emptied. Applicant agrees to provide
personnel to empty trash receptacles into the large trash
bins prior to scheduled pick-up time by the Refuse
Division. A facility Cleaning Deposit of
$ p is required. The facility shall be
cleanepp d by applicant not later than M�
(Date/Tim )
Cleaning Deposit shall be forfeited if, upon inspection
by a Parks, Recreation and Community Services Department
representative, the facility has not been properly
cleaned.
2
' 0
PORTABLE RESTROOMS
Applicant agrees to provide portable restrooms as
required for the anticipated attendance. Restrooms will
be strategically located and will be kept clean and
supplied by applicant.
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.
ALACHOLIC 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 Department and a�/nu�ABC License must be obtained.
Alcohol use fees are $ 0IOL
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 alcoholic beverage sale and/or use is
approved for this event, the applicant shall hold the
City Harmless from any potential liability claims
resulting from the sale and/or use of alcoholic beverages
on the facility premises.
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
identication when necessary.
CONTRACTURAL AGREEMENTS
Applicant shall furnish to the Parks, Recreation and
Community Services Department a copy of signed contracts
between applicant and any vendors or otherproviders of
services for the event.
3
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 accidents 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.
BOND FOR DAMAGES AND OTHER UNFORESEEN COSTS
Applicant shall provide a damage bond in the amount of
$$,OLtV . _ to cover damages to City property and
eg ipment which may occur and to recover other costs
which may accrue as a result of the scheduled activities.
4
FACILITY USE FLGS & DEPOSITS
FEES NON-REFUNDABLE
quip/Facility/Sere. Unit quantity Unit Price Extension
PICNIC TABLES 10 EA.
20 + $25 D
TRASH CANS 20 2
DING BIN FOR TRASH REMO- L 1 LG.
ALCOHOL WAIVER FEE
FIRE PERMIT $ 38.00
PARK USE - 3 DAYS $100 PER WY $300.00
GAZEBO - 3 DAYS $ 97 PER D Y 291.00
EXTRA SUPPLIES FOR R.R. $150.00
TOTAL $ 1 ,672.00
DEPOSITS REFUNDABLE
YPE CASH/CHECK
DAMAGE BOND
CLEANING DEPOSIT
KEY DEPOSIT 24.00
TOTAL $ 8.02 .00
DEPOSIT RETURNED TO:
(SPECIALCOND$2)
Signature Date
Printed Name 8 Address
{ REQUEST FOR FUNDING a SSISTANCE
1. 13ryasi2aton(Noma.Adid etc.)// , Data Submitted
�YL�UQ'7 did
T/lP9y/C C C 2. Contact Parson
TWO
Phone
Phone �(,�� Fd'fa/A r� 4. Period of Suppon Relq/ueestedrror Date of Evam �(
Number of Years in Existence .� F MAW & 4 �—y,A(
5. Taxpayer ldsmric nNumber
b. Activity for which funding is requested
.7. Estimated number of persona expected to attend this program/project ✓ 11
9. proposed Budget: Bud" Anne sex" �W aussar vuel
Personnel: 016 Facility Rental 023 Trophies
i 017 Idsurance 024 Scholarships
01 Fulttims Salaries OC W
016 Decorations
02 Panama Salaries 025 Cole"Expenses
03 Oyanims 019 Utilities: AticommodatpM
'r) f �NI Ws
05 71'1//1St fruY ENctricaj, �u Other�
Phone GG'
Other 026 N a mas:
panties:
SubTOltl a
010 Office Supplies l 020 Special quip n
t 011 Postage (:`
012 Prmung 4
013 Equipment Rental _ 7-,F 010 Security = 021 Adve 'ng -Zlr
015 FooN 022 Promotion --- /
Refresh manu ExWno r GRAND TOTAL
9. List Anticipated Funding/Rawnue(Sources other than City)
Source Amount
. 3 .
vj
TOTAL i YJCI V
10.Anticipated revenue from activity
*tl LTotal Amount Requested from City: -
CC'C�
A. Total Propoaea Budget Amount P(' L Sent y Ways a Means ON,:
Anion:
B. LM:Other Funding Sources _ �y d O SamWMaYW&Coundil Day:
s C. TOW Amount Requestedlrum City Ej Orp
_ Action:
12.DesenM any additional assistance Ming toque from IM ctty: (Pareqncel,pulpnynL pruk eras,
AuiWirp��l /} 1 (To be completed bl'City)
B.
C. t ;
r
�T
13.Signature of applicant: / (( Cats:
t
NOTE:Phase M Xepanad to submit tin audit Of your flnaneyl aetblll A In IM avant such information is cial"ci nseaaasry.
Attach sketch and other supporting Information,If appropNts.
+ �xML[:Vl1 arvsArcr.a:___
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY ADMINISTRATOR'S OFFICE
DATE: April 14, 1994
TO: The Honorable Mayor and Common Council
FROM: Fred Wilson, Assistant City Administrator
SUBJECT: Review of Documentation Relative to Inland Empire
Hispanic Chamber of Commerce Beauty Pageant
COPIES:
------------------------------------------------------------------
The copies of documents submitted by the Hispanic Chamber of
Commerce relative to the Miss Hispanic Chamber of Commerce Beauty
Pageant have been reviewed. The total income of the pageant was
$15, 357 .50 of which the City contributed $3 , 500; the total
substantiated expenditures are $8, 138. 65. No accounting was
provided to explain the difference between income and expenditures.
Another item I noted was a withdrawal of $3 ,000 by Manuel Cervantes
and an additional co-signer. A handwritten note on the withdrawal
slip indicates the money was to be spent for "band, judges, help,
etc. " , but there was no line item on the income and expense
statement other than "cash" . There are no receipts to indicate how
the "cash" was distributed.
FRED WILSON '�-"'�-`"
Assistant City Administrator
FAW/md