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HomeMy WebLinkAbout2012-228 RESOLUTION NO. 2012-228 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 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. 5 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 10 WHEREAS, the City of San Bernardino has agreed to provide support services for 11 12 the event. 13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 15 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 16 and directed to execute on behalf of said City an Agreement with the San Bernardino 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 19 incorporated herein by reference as fully as though set forth at length. 20 SECTION 2. The authorization to execute the above referenced agreement is 21 22 rescinded if the parties to the agreement fail to execute it within thirty (30) days of the 23 adoption of this resolution. 24 25 26 27 28 /// 2012-228 RESOLUTION OF THE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 23RD 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 jM. r r,$„i,r meeting 6 thereof,held on the 4th day of September , 2012, by the following vote,to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 JENKINS x 11 VALDIVIA x 12 SHORETT x 13 14 KELLEY x 15 JOHNSON x 16 MCCAMMACK x 17 18 ' Georg H a, City Clerk 19 C* 20 The foregoing Resolution is hereby approved this day of September , 2012. 21 22 Patri k J. Morris,ftry 23 of San Bernardino 24 Approved as to form: JAMES F. PENMAN, 25 City ttomey 26 By: 27 28 2012-22a 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 2012/2013, in order to assist in the conduct of the 23rd Annual Stater Bros Route 66 Rendezvous,to be held on September 13- 16, 2012.. The assistance agreed to by CITY, and provided for in this Agreement, is made on a one- time basis for the 23d Stater Bros Route 66 Rendezvous, and shall not imply a continuing obligation of the CITY beyond the terns of this Agreement. Further, Organization shall pay to City, all associated costs to provide these services as described below. 2. FEES AND PAYMENT. A. No direct funds shall be paid by CITY to Organization. B. Upon receipt of invoice, Organization shall pay CITY for any and all costs associated with Fire Department, Police Department, and Public Works Department services as described in Section 4 of this Agreement. 3. SERVICES. All fees for CITY permits are to be paid for by Organization. Unless otherwise stated, the 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 I unusual event. Through redirection of existing resources, police staffing will be scheduled without incurring costs to the Police Department, the City, or the 1 2012-228 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 $28,460. E. Fire Department shall provide standby crews for the duration of the event. No additional fees will be applied for medical aid calls at or during the event, or overtime. Fees for such services shall be $8,470. 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, 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. i 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, 2 2012-228 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 furnished 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. 8. INDEPENDENT CONTRACTOR. Organization shall perform work tasks provided by this Agreement, but for all intents and purposes, Organization shall be an independent contractor and not an agent or employee of the CITY. 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 payroll deductions for Organization and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Organization warrants that it shall require all event participants to possess or to obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of event participants to practice its business or profession. 10. NOTICES. 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, 6`s floor 1955 Hunts Lane, Suite 102 San Bernardino, CA 92418 San Bernardino, CA 92408 Andrea Travis-Miller,Interim City Manager Wayne Austin,Executive Director 3 2012-228 11. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party 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. 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. 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. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 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. 16. HEADINGS. 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 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. 4 I I 2012-228 18. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other parry 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 all parties to this Agreement. /// 5 2012-228 ' 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 By. Date: Andrea Travis Miller, Interim City Manager San Bernardino Convention and Visitors Bureau dba Route 66 By, Date: Wayne Austin, Executive Director ATTEST: By: City Jerk Approved as to form: James F. Penman City Attorney i By I 6 1