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HomeMy WebLinkAbout08- City Manager CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Resolution of the Mayor and Common Council authorizing the execution of an Dept: City Manager's Office agreement between the City of San Bernardino and the Convention and Prepared By: Catherine Pritchett, Management Analyst Visitors Bureau, dba Route 66, for in- kind support for the 21s` Annual Stater Bros Route 66 Rendezvous and a request for reimbursement in the amount of $24,560 from the FY 10/11 Civic and Promotional Fund to various City Departments. Date: August 30, 2010 Meeting Date: September 7, 2010 Synopsis of Previous Council Action: 8/4/2010—Ways and Means Committee reviewed and recommended item for approval. Recommended Motion: Adopt resolution. Signature Contact Person: Catherine Pritchett, Phone: 5122 Management Analyst Supporting Data: Staff Report; Resolution; Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: Reimbursement of$24,560 for department personnel and equipment costs. TOTAL$24,560 Source (Acct. No.): 001-090-5186-0000-0052 (Acct. Description): FY 10-11 Civic and Promotion Fund Finance Council Notes: eso ego/O o'�9/ ,�.pf-cce�cceH-f/JaSe CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution of the Mayor and Common Council authoring the execution of an agreement between the City of San Bernardino and the Convention and Visitors Bureau dba Route 66 Rendezvous for in-kind support for the 21" Annual Stater Bros Route 66 Rendezvous and a request for reimbursement in the amount of$24,560 from the FY 10/11 Civic and Promotional Fund to various City Departments. BACKGROUND: September 16'—thm 19`s, the City of San Bernardino will host the 21" Annual Stater Bros Route 66 Rendezvous (Route 66). The San Bernardino Convention and Visitors Bureau(CVB)began this event in 1990, and remains the sole producer of the event, which has expanded to nearly 35-blocks of downtown San Bernardino. Unlike other car shows, Route 66 has been designed as an economic development project,rather than a fundraiser. With events such as the"Run with the Cops" marathon and the"Firefighters Competition", 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. With an estimated attendance of 500,000 over the course of the 4 day event, car enthusiasts from across the country visit San Bernardino, stay in local hotels and patron local restaurants. In addition, major media outlets from across the state provide live coverage of the four day event. This is the first time the Mayor and Common Council have been presented with a comprehensive Agreement for the City to he a sponsor, and provide in-kind services, for Route 66. In past years, Agreements were entered into for the Public Services Department only. In light of the City's current financial condition, and the recent reorganization of departments, staff felt that a more detailed Agreement should be created to help identify the total cost of City services and personnel provided for this event. It is important to note that this Agreement, in no way, changes the services that the City will be providing. Its intent is to create a more accurate record for future reference. In June, staff requested each department to submit an estimate of costs for the 2010 Route 66 event; a departmental breakdown of these costs is shown on Attachment A. The total estimated cost to the City is $149,448. However, Integrated Waste Management services are paid through the refuse fund, and the CVB typically reimburses the City for services from the Fire Department, reducing the remaining cost to the General Fund approximately $126,292. To further reduce the impact to the General Fund, staff is requesting that the Mayor and Common Council approve the reimbursement of $24,560 from the 2010/2011 Civic and Promotional Fund; lowering the cost for in-kind services to $101,731. Estimated reimbursement is�nas 1 follows: Police (Non-Sworn) $ 4,425 1 L�P\a�� Fire Department(Fees) $ 142 I)ORIGINAL Ps Public Works (Traffic) $ 8,648 Public Works(Streets) $ 11,345 TOTAL $ 24,560 In addition, City staff is working with EDA and the CVB to provide insurance coverage for the event. The EDA has agreed to fund the insurance costs associated with the event. Based on funding allocations from FY 09/10, the reimbursement requested can be paid from the Civic and Promotional Fund without impacting funding and waivers that the City traditionally provides for other events (Attachment B). In return for services, the City is recognized as a sponsor for the event. A memo from the CVB, dated July 29, 2010, is an overview of the Sponsorship Package (Attachment Q. The sponsorship, valued at $60,850, includes City logo placement on event signage and advertisements, regular PA announcements during event, media coverage and other tangible benefits. In addition the City benefits by way of revenue generated from increased transient occupancy revenue and an increase in sales tax. FINANCIAL IMPACT: Reimbursement from the Civic and Promotional Fund totaling $24,560, which includes $4,425 to the Police Department, $142 to the Fire Department, and $19,993 to Public Works. The City's total in kind contribution from the General Fund for FY 10/11 is not expected to exceed$101,731. Civic and Promotional Account Balance(Attachment D) Account No: 001-090-5186-0000-0052 Account Budgeted Amount: $153,500 Current Account Balance: $91,166 Requested Amount: $24,560 Balance after approval: $66,605 RECOMMENDATION: 1. Adopt resolution. 2. That indirect funding in the amount of $24,560 be transferred from the FY10/11 Civic and Promotion fund to various City departmental accounts as listed above. Route 66 2 Civic and Promotional 2010 REQUEST FOR CIVIC AND PROMOTION FUNDING- 2010 Route 66 SPECIAL EVENT—DETAIL COST BREAKDOWN Attachment A 2010 ROUTE 66 SERVICES AMOUNT Public Works - IWM (Refuse Fund) Personnel $ 6,700.00 Fees/Permits $ 2,100.00 Supplies $ 6,030.00 Police Department (General Fund) Sworn Personnel $ 77,281.36 Non- Sworn Personnel* $ 4,425.57 Fire Department (General Fund) Personnel (Anticipated to be Paid by SBCVB) $ 8,326.56 Fees* $ 141.58 Public Works - Streets (General Fund) Personnel $ 24,450.00 Equiptment* $ 9,760.00 Materials* $ 1,585.00 Public Works - Traffic (General Fund) Personnel* $ 6,535.06 Fees* $ 2,113.18 TOTAL S 149,448.31 Other Funding Sources Public Works - IWM (Refuse Fund) $ 14,830.00 Fire Department Personnel (Anticipated to be Paid by SBCVB) $ 8,326.56 TOTAL $ 126,291.75 Reimbursement from Civic & Promotional Fund* Police Department Non-Sworn Personnel $ 4.42157 Fire Department Fees $ 141.58 Public Works -Traffic Personnel and Fees $ 8,648.24 Public Works - Streets Equiptment and Materials $ 11,345.00 TOTAL C&P FUND REIMBURSEMENT $ 24,560.39 CITY'S TOTAL IN KIND CONTRIBUTION FROM GF S 101,731.36 m O O O L m O z p pp p .p Y T T O = � 76 a F S a C LL O 4 0 0 0 0 0 E D LL N O O m D P m CmI OO m' a 'u rc cm`o ° o pp pp pp pp pp o L p L_ C 8 E p O OO pO d OI RI Y uI N m O m ] O °9 < mDC (7 cm- L U d o o 0 0 0 52 o c Z - p m of vi 3 v d 0 O Z G u rn m ri ar ei r N ri w o z m a ° neLL n — ag _ = W O Op ig gZ Oo p O m N c O '= Odu ;t � z U < c p U m 3 c 6 p 4 v rc d v $ o o E o v u ( m c m o c o DO N = O t O J p C K M1 K h o cJ c u a i o 2 . dacimEoa mace mod too C Q a U O a N U E W W W O O O d m C O 0 C C a L F a m '. D aLL p °m C o Eco°z mmi E _m r Sa 0 `0 °mm u � � � a` � 3 &cLi °adDamR —m 0 J d m N 'E b n d u J o S o 0 2 :_ � � � � ° m i o >0 1 U o m >. = "m Y m o E o d c p � 0 7 > LCO d 0mO U00 ® U Wb `T00101 o $ � ua° ` `o polappp O 'N poop L L L L y � � EULjm °cUU m °ci =uuuu vd'uEmu2' mUDamDa .'pn vvmm f a d gg gg g g 1 I I " E E E E -o0 O: rc c-O m Q p p o 3 1 10 p j 1 o j=rc '1p 7 U. -1-p 7 -1p p j 1 9�n Route 66 I endezvous° San Bernardino CVB- Special Events Division CAUFaRNIA 415 West 2ntl Street, San Bernardino, California 92401 u S (909)388-2934 •Fax(909)388-2939 66 Visit�u{s�a/tt our webss�itt a w/ ..route-66.00rrgg/��/{,N jI1N BERN R.NO Me.(. {.((µ°y ✓1 V/�fA " of �'v°+ijW SepVtwtben 106— 19,2V1V MEMORANDUM TO: Catherine"Cat' Pritchett, Management Analyst.. ity of San rnardino FROM: Jo Ann Webb, Director of Corporate Relationf„ `.W. RE: Sponsorship Overview— Route 66 Rendezvousb/September 16-19, 2010 DATE: July 29, 2010 As a sponsor of the 21"Annual Stater Bros. Route 66 Rendezvous, the City of San Bernardino and the City's Environmental Projects, we will provide the following: SPACE: Environmental Projects Booth— 10'x 30' - Canopy top POWER: 500 Watts/5 Amps for running night lights LOGO: Event website, with link back to Sponsor, Vehicle Registration Forms (8,000 copies) 5 Street Banners, all event advertisements, Bikerail Signage, Event Poster, Schedule of Events, Event Programs (The Sun Special Section Wordmill Program)and Volunteer T-Shirt. SIGNAGE: Sponsor may provide the event with six (6) banners that will be placed around the cruise route. Banners cannot exceed 2' x 6'; every effort will be made to return banners to the Sponsor. CREDENTIALS: 30 Sponsor Credentials (Mayor's Office, City Manager's Office, City Council, Attorney, City Clerk, Treasurer; These are needed for access to the Hospitality Tent. P.A.: 4 - At a minimum - :15 second and :30 second with verbiage to be provided by Sponsor no later than Monday, August 16. E-mail to: ioann(@.route-66.org CRUISIN' 1 Cruisin' Award to be presented by the Mayor to a registered vehicle participant. AWARD: Sponsor will be contacted to schedule a time to select and present the award to the recipient. The Event will provide the award for the Sponsor. GOODIE BAG: Sponsor may donate an item(s)for the Goodie Bags. Approximately 1,700 pre-1975 vehicles register for the Rendezvous. INSURANCE: Sponsor must maintain general liability insurance in an amount not less than $1 M covering the Sponsor's activities at the Route 66 Rendezvous and naming as separately insured the following: 1) City of San Bernardino; 2) San Bernardino Convention & Visitors Bureau. Proof of insurance must be received no later than August 16. 07/10 � � [ ° N VIN T 1 0N . • ,: I Y 05 1 Y NI °Y STATER BROS. ROUTE 66 RENDEZVOUS® SEPTEMBER 16.19, 2010 ESTIMATED VALUE CITY OF SAN BERNARDINO & PUBLIC SERVICES SPONSORSHIP LOGO PLACEMENT & OTHER RECOGNITION ESTIMATED VALUE Vehicle Registration Form $ 1,000 Event Program 2,500 Event Website 2,500 Schedule of Events 2,500 Banners (Hospitality Lane, 2rd St., "E" Street, Church St. 3,500 Event Poster 3,000 Bikerail Si na a At Event 8,000 Sound Tower Si na a 12,000 Flyers— Distributed at car shows such as the Grand National 1,000 Roadster Show, NHRA Museum, numerous car shows in CA, AZ, NV, etc. Media: Local Newspapers: The Sun, The PE, La Prensa 4,500 Other : Route 66 Magazine, Route 66 Pulse, 5,500 Drivel, Travel Host, Inland Empire News, IEMG, KCAA (Note: Value of media coverage, including Los Angeles area media outlets, is estimated to be over$850,000 based on advertisements, articles and radio/television coverage.) Trash Collection During Event Hours 5,000 30+ VIP Credentials Access to Hospitality Venue 2,000 Invitations: Cruisin' Hall of Fame; VIP Venue 250 Polo Shirts 4 100 Jackets 4 250 Event T-Shirts (City workers 750 Booth Space: Canopy Top, Power, Space— 10' x 30' 6,500 TOTAL: $60,850 07/10 p o 0 0 0 0 0 0 0 0 0 a N N N N N N O N O an j O O O O d T C K N yp LL O O O p - c a � p w OI d o Y O - ry O 07 O N b C 7 vl W N Q P 7 O M N � N A W 64 N py N u d N $ p O tR W N yq Q -j Z$ 8 U C N b . O d v ry m !C M N p $ cQ m C M tV D '^ Oo CC P p O O > ✓? 1A W E'1 U � C N O ° E L o s o 'O o < E ade _v e - ° a O C O � ° a m u - j E v � f °- D RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU DBA 4 ROUTE 66 FOR IN-KIND SUPPORT SERVICES FOR THE 21sT ANNUAL STATER BROS ROUTE 66 RENDEZVOUS. 5 WHEREAS, the San Bernardino Convention and Visitors Bureau is the organizer and 6 7 producer of the annual Stater Bros Route 66 Rendezvous; and 8 WHEREAS, the annual event is scheduled to take place September 16 through 9 September 19, 2010 in downtown San Bernardino; and 10 WHEREAS, the City of San Bernardino has agreed to provide in-kind support services 11 for the event in exchange for certain promotional recognition. 12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 13 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 in-kind support services, a copy of which is 18 attached hereto, marked Exhibit A, and incorporated herein by reference as fully as though set 19 20 forth at length. 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 adoption 23 of this resolution. 24 25 26 27 28 �b 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU DBA 3 ROUTE 66 FOR IN-KIND SUPPORT SERVICES FOR THE 21sT ANNUAL STATER BROS ROUTE 66 RENDEZVOUS. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 5 6 Mayor and Common Council of the City of San Bernardino at a meeting 7 thereof,held on the day of , 2010, by the following vote to-wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 13 SHORETT 14 KELLEY 15 JOHNSON --_. 16 MCCAMMACK 17 18 City Clerk 19 20 The foregoing resolution is hereby approved this day of . 2010 21 22 Patrick J. Moms, Mayor 23 City of San Bernardino 24 pproved as to form: 25 AMES F. PENMAN, 26 ity A orney 27 y: ' 28 2 © SERVICES AGREEMENT 21"t 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 2010/2011, in order to assist in the conduct of the 21" Annual Stater Bros Route 66 Rendezvous,to be held on September 13- 19, 2010. The assistance agreed to by City, and provided for in this agreement, is made on a one-time basis,and shall not imply a continuing obligation of the City beyond the terms of this agreement. 2. PAYMENT. j 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 services as described in Section 4(A)of this Agreement. C. Unless otherwise stated, all City services shall be rendered in-kind. 3. FEES. All fees for City permits are hereby waived. 4. SERVICES. Unless otherwise stated, the services provided by City to Organization shall be in-kind 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. The total amount of in ki nd services provided by City to Organization shall not exceed $126,000.00. A. Police Department shall provide adequate personnel, equipment and supplies for the duration of the event. Including, but not limited to, Officers, Sergeants, Lieutenants,non-sworn personnel and logistics support. B. Public Works — Integrated Waste Management Division shall provide adequate personnel, equipment and supplies for trash maintenance, roll off services and all associated tonnage fees. O Exhibit "A" 1 SERVICES AGREEMENT 21°`Annual Stater Bros Route 66 Rendezvous C. Public Works - Traffic Engineering shall provide adequate engineering personnel, equipment and supplies for street closures, traffic redirection and detours. D. Public Works — Streets Division shall provide adequate personnel, equipment ' and supplies for street sweeping and barricades. 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 shall be paid in accordance to Section 2(B)of this Agreement. 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. 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, 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. 2 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous ® 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. QORGANIZATION 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 and Visitors Bureau City Manager's Office dba Route 66 300 North"D" Street 1955 Hunts Lane, Suite 102 San Bernardino, CA 92418 San Bernardino, CA 92408 Attn: City Manager, 6h Floor Attn: Wayne Austin, Executive Director 11. ATTORNEYS' FEES In the event that litigation is brought by any patty 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, 3 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous ® 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, ORiverside 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. O a 4 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous v 18. REMEDIES; WAIVER. All remedies available to either parry 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 all parties to this Agreement. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. © City of San Bernardino By. Date: Charles McNeely, City Manager San Bernardino Convention and Visitors Bureau dba Route 66 By. Date: Wayne Austin, Executive Director ATTEST: By: City Clerk Approved as to form: James F. Penman City Attorney By: 5 E ° d N m O O O p O 9 O G h W r d � N C N 6 c r+ 0 LL 0 d °o a � 0 N O Q dt O O M o y o m n K M M Vk N p�Q `d O 1� pOp N d z oZ p v I CI Cl Z om Noc 0 4 0 O O O F O _ O c d O O O o > w w U Tr p N 1 o 0 o E r 'c N d N O w � d O � c a a O u d O � - c 0 L G d < Q � d' d c O O c O C O m c C � t C O O m c m c d o 0 0 0 a o = Q a N N N 0 o r iv n a U o i I © SERVICES AGREEMENT 21"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 2010/2011, in order to assist in the conduct of the 21't Annual Stater Bros Route 66 Rendezvous, to be held on September 13- 19, 2010. The assistance agreed to by City, and provided for in this agreement, is made on a one-time basis, and shall not imply a continuing obligation of the City beyond the terms of this agreement. 2. 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 Qwith Fire Department services as described in Section 4(A) of this Agreement. C. Unless otherwise stated, all City services shall be rendered in-kind. 3. FEES. All fees for City permits are hereby waived. 4. SERVICES. Unless otherwise stated, the services provided by City to Organization shall be in-kind 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. The total amount of in-kind services provided by City to Organization shall not exceed$126,000.00. A. Police Department shall provide adequate personnel, equipment and supplies for the duration of the event. Including, but not limited to, Officers, Sergeants, Lieutenants, non-sworn personnel and logistics support. B. Public Works — Integrated Waste Management Division shall provide adequate personnel, equipment and supplies for trash maintenance, roll off services and all associated tonnage fees. 1 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous C. Public Works - Traffic Engineering shall provide adequate engineering personnel, equipment and supplies for street closures, traffic redirection and detours. D. Public Works — Streets Division shall provide adequate personnel, equipment and supplies for street sweeping and barricades. 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 shall be paid in accordance to Section 2(B)of this Agreement. 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. 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, 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. I 2 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous ® 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 license, 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 and Visitors Bureau City Manager's Office dba Route 66 300 North"D" Street 1955 Hunts Lane, Suite 102 San Bernardino, CA 92418 San Bernardino, CA 92408 Attn: City Manager, 6`^ Floor Attn: Wayne Austin, Executive Director 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, 3 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous 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 SERVICES AGREEMENT 21"Annual Stater Bros Route 66 Rendezvous 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 all parties to this Agreement. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. City of San Bernardino By. Date: Charles McNeely, City Manager San Bernardino Convention and Visitors Bureau dba Route 66 By. Date: Wayne Austin, Executive Director ATTEST: By: City Clerk Approved as to form: James F. Penman City Attomey By: V °� 5 E g o n d V h O 1`2 P ? d V R � m ^ Q N N N N N N O L O W ^ O O O O O d � N C ~ w N VI v � 0 0 LL o 0 y D Oo O � � Q w Mt N D O O O M N d O < O G b C J h W N Q P J O tV ry K M Ni e4 N epA O $ O Q S N 0 N LL 2 Q O W N N fR O Z O p M h 1 m O' O a O . Q O Y r 20 °^° Q o v l W N p9 Q . O 0 0 0 0 r Z G C L u o 0 o U Q S Z C Q h O O O O > F 0 N N M U 1_ V N R V U c O p N O E t T O t s C 0 c a ¢ f z m c ° b 5 0 O c E O C ° N O E d L O N E m ju0 0 Cp Q