HomeMy WebLinkAbout08.A- City Manager RESOLUTION (ID#2024) DOC ID:2024
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Andrea Travis-Miller M/CC Meeting Date: 09/04/2012
Prepared by: Heidi Aten, (909)384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement Between the City of San Bernardino and the San Bernardino
Convention and Visitors Bureau Dba Route 66 for City Services for the 23Rd Annual Stater Bros
Route 66 Rendezvous.
Financial Impact:
CVB will reimburse the City for City services as outlined in the attached agreement.
Motion: Adopt the Resolution.
Svnonsis of Previous Council Action:
09/06/2011 -Mayor and Common Council authorized an agreement between the City and CVB
for in-kind support of the 22nd annual Route 66 Rendezvous.
BACKGROUND:
The San Bernardino Convention and Visitors Bureau (CVB) will host the 23 3 Annual Stater
Bros Route 66 Rendezvous on September 13 - 1, 2012. This event was started by the CVB in
1990, and CVB remains the sole producer of the event, which has expanded to nearly 35 blocks
of downtown San Bernardino.
Unlike other car shows, Route 66 was designed to be an economic development project, rather
than a fundraiser. The CVB's primary focus is to organize this event in a way that will generate
a significant and beneficial economic impact for the City. The City benefits by way of revenue
generated from increased transient occupancy tax revenue and an increase in sales tax. Car
enthusiasts from across the country visit San Bernardino and, as a consequence, help the local
economy. They patronize local restaurants and purchase a variety of other services. In addition,
major media outlets from across the state provide live coverage of the four-day event.
Unlike previous years when the City was in a better position to absorb in-kind costs and offer
funding to assist with services for the event, the City's dire financial situation this year will not
allow that. Route 66 organizations have worked very hard to find donations in order to pay for
City services this year and many generous local businesses and organizations have stepped up to
the plate in order to allow the event to go forward this year. The City has worked very closely
with event organizers to lower their cost for services. For instance, the Police Department will
provide adequate staffing levels during the operating hours of the event,with minimal cost. This
will be accomplished by temporary reassignment of proactive resources and salaried personnel.
Patrol staffing committed to the rest of the City will not be impacted unless necessary due to an
unusual event.
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Updated:8/30/2012 by Georgeann"Gigi"Hanna Page I
2024
Through redirection of existing resources, police staffing will be scheduled without incurring
costs to the Police Department, the City, or the event organizers. If expenses do accrue, the
agreement provides for reimbursement to the City in amount of up to $5000.
A departmental breakdown of the City's estimated costs and for the 2012 event is shown on the
attached spreadsheet. The total estimated cost to the City is approximately $53,340, all of which
is to be paid by the CVB upon receipt of invoice from the City. CVB will reimburse the City for
services as follows:
Police (amount not to exceed) $ 5,000
Fire Department Personnel/fees $ 8,470
Public Works(Traffic) $ 3,375
Public Works (Streets) $28,460
Integrated Waste Management(IWM) 8,055
TOTAL $53,340
CVB will also pay directly for supplies such as temporary refuse boxes and liners. City staff
will assist with insurance coverage for the event, but the cost of coverage will be paid by CVB.
Lastly, CVB will pay for all permits estimated to be $2500.
City Attorney Review:
Sunnortine Documents:
reso 2024 (PDF)
agrmt 2024 (PDF)
2012 Route 66 Cost Estimate (PDF)
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Updated:8/30/2012 by Georgeann"Gigi"Hanna Page 2
8.A.1
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
CONVENTION AND VISITORS BUREAU DBA ROUTE 66 FOR CITY SERVICES
4 FOR THE 23RD ANNUAL STATER BROS ROUTE 66 RENDEZVOUS.
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6 WHEREAS,the San Bernardino Convention and Visitors Bureau is the organizer and
7 producer of the annual Stater Bros Route 66 Rendezvous; and
8 WHEREAS, the annual event is scheduled to take place September 13 through
9 September 16, 2011 in downtown San Bernardino; and
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WHEREAS, the City of San Bernardino has agreed to provide support services for d
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12 the event.
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13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: z°
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15 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized N
16 and directed to execute on behalf of said City an Agreement with the San Bernardino e
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17 Convention and Visitors Bureau dba Route 66, for City provided support services and will be
18 reimbursed for such services, a copy of which is attached hereto marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth at length.
20 a
21 SECTION 2. The authorization to execute the above referenced agreement is
22 rescinded if the parties to the agreement fail to execute it within thirty (30) days of the
23 adoption of this resolution.
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S.A.1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
CONVENTION AND VISITORS BUREAU DBA ROUTE 66 FOR CITY SERVICES
3 FOR THE 23"ANNUAL STATER BROS ROUTE 66 RENDEZVOUS.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting
6 thereof,held on the_day of 2012,by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ N
10 JENKINS
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14 KELLEY
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15 JOHNSON
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16 MCCAMMACK N
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Georgeann Hanna,City Clerk Ec
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20 The foregoing Resolution is hereby approved this day of 2012. a
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22 Patrick J. Morris,Mayor
23 City of San Bernardino
24 Approved as to form:
JAMES F. PENMAN,
25 City orney
26 By:
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EXHIBIT A
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO CONVENTION AND VISITORS BUREAU REGARDING THE
23RD ANNUAL STATER BROS ROUTE 66 RENDEZVOUS
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal
corporation,hereby referred to as"CITY"and the San Bernardino Convention and Visitors Bureau dba
Route 66,a non-profit 501(c) (3)organization,hereby referred to as"Organization."
The parties agree to as follows:
1. RECITALS.
Organization has requested assistance from City for the Fiscal Year 201212013, in order to
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assist in the conduct of the 23d Annual Stater Bros Route 66 Rendezvous,to be held on September 13- r
16,2012.. The assistance agreed to by CITY,and provided for in this Agreement, is made on a one-
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time basis for the 23rd Stater Bros Route 66 Rendezvous,and shall not imply a continuing obligation of
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the CITY beyond the terms of this Agreement. Further,Organization shall pay to City, all associated
costs to provide these services as described below.
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2. . FEES AND PAYMENT.
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A. No direct funds shall be paid by CITY to Organization. N
B. Upon receipt of invoice, Organization shall pay CITY for any and all costs o
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associated with Fire Department, Police Department, and Public Works Department E
services as described in Section 4 of this Agreement.
3. SERVICES. a
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All fees for CITY permits are to be paid for by Organization. Unless otherwise stated, the R
services provided by CITY to Organization shall be paid for by Organization and rendered only as set <
forth below. No deviation from these provisions shall be made without the express written approval of
the City of San Bernardino. Services shall include:
A. Police Department will provide adequate staffing levels during the operating
hours of the event with minimal cost. This will be accomplished by temporary
reassignment of proactive resources and salaried personnel. Patrol staffing
committed to the rest of the City will not be impacted unless necessary due to an
unusual event. Through redirection of existing resources, police staffing will be
scheduled without incurring costs to the Police Department, the City, or the
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event organizers. If expenses do accrue, the City will be reimbursed in amount
of up to $5,000.
B. Public Works — Integrated Waste Management Division shall provide adequate
personnel, equipment for trash maintenance, roll off services and all associated
tonnage fees. Fees for such services shall be$8,055.
C. Public Works - Traffic Engineering shall provide adequate engineering
personnel, equipment and supplies for street closures, traffic redirection and
detours. Fees for such services shall be$3,375.
D. Public Works — Streets Division shall provide adequate personnel, equipment
and supplies for street sweeping and barricades. Fees for such services shall be r
$28,460. N
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E. Fire Department shall provide standby crews for the duration of the event. No E
additional fees will be applied for medical aid calls at or during the event, or E
overtime. Fees for such services shall be$8,470. a
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5. INDEMNITY. d
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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 o
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liabilities of any kind and nature arising from bodily injury,including death,or property damage, based N
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or asserted upon any actual or alleged act or omission of ORGANIZATION, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or a
performance of services under this Agreement, unless the bodily injury or property damage was c
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actually caused by the sole negligence of the CITY, its elected officials, employees, agents or L
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representatives. As part of the foregoing indemnity, Organization agrees to protect and defend at its
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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.
6. 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,in
the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage,
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and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work
under this Agreement. CITY shall be set forth as an additional named insured in each policy of
insurance provided hereunder. The Certificate of Insurance famished to the CITY shall require the
insurer to notify CITY at least 30 days prior to any change in or termination of the policy.
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.
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& INDEPENDENT CONTRACTOR N
Organization shall perform work tasks provided by this Agreement, but for all intents and E
purposes, Organization shall be an independent contractor and not an agent or employee of the CITY, 2
Organization shall secure, at its expense, and be responsible for any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other
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payroll deductions for Organization and its officers,agents, and employees, and all business licenses,if
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any are required, in connection with the services to be performed hereunder. g
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. N
Organization warrants that it shall require all event participants to possess or to obtain, and
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maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other m
licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of c
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event participants to practice its business or profession. L
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10. NOTICES. a
Any notices to be given pursuant to this Agreement shall be deposited with the United States
Postal Service,postage prepaid and addressed as follows:
As to CITY: As to Organization:
City of San Bernardino San Bernardino Convention
City Manager's Office and Visitors Bureau dba Route 66
300 North"D" Street,6a'floor 1955 Hunts Lane, Suite 102
San Bernardino, CA 92418 San Bernardino, CA 92408
Andrea Travis-Miller,Interim City Manager Wayne Austin,Executive Director
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F8.A.2
11. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing parry shall be entitled to recover from the opposing party all costs and expenses, including
reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof The costs,
salary and expenses of the City Attorney and members of his office in enforcing this Agreement on
behalf of the CITY shall be considered as"attorneys' fees"for the purposes of this paragraph.
12. 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. N
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a r
breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's E
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consent,no subletting or assignment shall release Organization of Organization's obligation to perform a
all other obligations to be performed by Organization hereunder for the term of this Agreement.
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13. VENUE. d
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The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San o
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Bernardino, State of California or the U.S. District Court for the Central District of California, N
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
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and not permissive in nature. rn
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14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. t
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15. SUCCESSORS AND ASSIGNS. a
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.
16. READINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its provisions.
17. 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 terns 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.
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18. 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.
19. 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 N
all parties to this Agreement. N
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EXHIBIT A
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO CONVENTION AND VISITORS BUREAU REGARDING THE
23RD ANNUAL STATER BROS ROUTE 66 RENDEZVOUS
In witness whereof, the parties hereto have executed this agreement on the day and date first above
shown.
City of San Bernardino
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By. Date: __ d
Andrea Travis Miller,Interim City Manager
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San Bernardino Convention and Visitors Bureau dba Route 66 0
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By, Date. N
Wayne Austin,Executive Director
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By:
City Clerk d
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Approved as to forma
James F. Penman
City Attorney
By:
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