HomeMy WebLinkAbout05.P- Parks, Recreation & Community Services RESOLUTION (ID #3307) DOC ID: 3307
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Mickey Valdivia M/CC Meeting Date: 07/07/2014
Prepared by: Aviana Cerezo, (909) 384-5233
Dept: Parks, Recreation& Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute an Agreement with the Patrons of the Roosevelt Bowl for the
Operation of a Farmers' Market at Court Street Square. (#3307)
Current Business Registration Certificate: Not Applicable
Financial Impact:
N/A
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On April 7, 2014, the Mayor and Common Council Approved Amendment Number One to
Support the Patrons of the Roosevelt Bowl for the Provision of Support Services for Market
Night at Perris Hill Park, Extending the Term of the Agreement until April 16, 2016.
On April 17, 2010, the Mayor And Common Council of the City of San Bernardino Authorized
the City Manager to Execute an Agreement with the Patrons of the Roosevelt Bowl for the
Provision Of Support Services for Market Night at Perris Hill Park and Ratifying any Action
Taken Between April 17, 2010 and the Date that this Resolution is Adopted.
Background:
The Downtown San Bernardino Farmshare Market began in October 2013,with a Farmshare Program,
under the Breezeway. The goal was to expand into a full Farmers Market with Vendors and Farmers.
Moreover,the Patrons for the Roosevelt Bowl had a Farmers Market at Court Street Square in the past.
However,the event was canceled by the Patrons of the Roosevelt Bowl,because the event did not obtain
the necessary patronage to justify the expense.The Patrons have acquired new contacts with Vendors
based on their experience holding a similar event at Perris Hill Park(also a City facility)and now seek to
hold the weekly event again. There is no financial impact to the put on this event.
City Attorney Review:
Supporting Documents:
reso 3307 (PDF)
agrmt 3307 (PDF)
Updated:7/1/2014 by Steven Graham Packet Pg. 387
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
3 AGREEMENT WITH THE PATRONS OF THE ROOSEVELT BOWL FOR THE
4 OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7 SECTION t. The City Manager is hereby authorized to execute on behalf of the City
8 an Agreement between the City of San Bernardino and the Patrons of the Roosevelt Bowl for
9 the operation of a Farmers' Market at the Court Street Square, a copy of which is attached
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10 hereto, marked as Exhibit "A" and incorporated herein by reference as fully as though set
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forth at length. 3
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SECTION 2. That the authorization to execute the above referenced Agreement is (D
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14 rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the
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15 passage of this Resolution.
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FPacket Pg.388
S.P.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
2 AGREEMENT WITH THE PATRONS OF THE ROOSEVELT BOWL FOR THE
OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE.
3
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 thereof,
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7 held on the day of , 2014,by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT a
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9
MARQUEZ
10 a
BARRIOS :3
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12 VALDIVIA o
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13 SHORETT
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14 NICKEL
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15 JOHNSON a
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MULV IHILL °
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19 Georgeann Hanna, City Clerk a
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20 The foregoing resolution is hereby approved this day of , 2014.
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22 R. CAREY DAVIS, Mayor
23 City of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
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By:� !`
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Packet Pg.389
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
This Agreement is entered into this day of , 2014 by and between the
City of San Bernardino ("City") and Patrons of the Roosevelt Bowl, a 501(c)(6) non-profit
organization ("Organization") (individually "Party") (collectively "Parties").
RECITALS:
WHEREAS, Organization has requested support services from City in order to assist in
defraying expenses connected with the conduct of events related to the establishment and
operation of a Farmers' Market at Court Street Square in Downtown San Bernardino for the
purpose of generating revenues to be used for improvements to the Roosevelt Bowl, a City
owned facility; and,
WHEREAS, the support services proposed to be provided by the City are for a valid
municipal purpose, to wit: for the conduct of events related to the Organization's Weekly
Farmers' Market Program (the "Program") in Court Street Square for the purpose of generating
revenues to be used for improvements at the Roosevelt Bowl, a City owned facility; and,
WHEREAS, the Patrons of the Roosevelt Bowl was established for the sole purpose of
providing financial, physical, and program support for arts, culture, entertainment, and
community activities at the Roosevelt Bowl Outdoor Amphitheater in San Bernardino's Perris
Hill Park; and,
WHEREAS, the weekly Farmers' Market at Court Street Square will be held year round
every Thursday, excepting City holidays, from 10:00 AM—3:00 PM.
NOW, THEREFORE, for the consideration hereinafter set forth the Parties do hereby
agree as follows:
1. The recitals set forth above are hereby repeated and made a part hereof and are hereby
deemed to be true.
2. Term. This Agreement is for an initial term commencing as of the date the Agreement is
fully executed and continuing until April 16, 2016. The Agreement may be renewed upon
the written concurrence of the Parties executed on or before the expiration of the then
current term. Any renewal shall be upon such terms and conditions as shall be mutually
agreeable to the Parties and incorporated into the written renewal.
Page 1 of 6
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
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3. In support of the Program the City and Organization hereby agree to the following:
A. Electricitv. The City shall provide electricity through the electrical outlets
currently existing and operational at Court Street Square and shall be responsible
for the cost of electricity necessary to operate approved concessions and facilities
of the Program. Approved concessions and facilities shall be those set forth on a
list presented to the Director of Parks, Recreation, and Community Services by
the Organization at least thirty days prior to the first day of the Program.
In the event the electrical outlets currently existing and operational are
insufficient to operate approved concessions and facilities, Organization shall
request permission from the Public Works Director to operate portable electrical
systems during the Program. The Public Works Director may grant such
permission in his discretion. Organization shall be responsible for the installation,
removal, and all other costs associated with the operation of such portable
electrical systems.
B. Police. If the Chief of Police or his designee determines that a police presence is
required as a result of the Program to ensure the safety of the public, the
Organization shall be responsible for the costs associated with such police
presence.
C. Street Banners. The City shall provide use of City owned banner locations, as
available, at no cost to Organization. Banner shall be installed and uninstalled by
City employees.
D. Maintenance. City shall provide Organization access to a large refuse container,
located in the City parking lot adjacent to Court Street Square. In the event the
refuse container is insufficient for the amount of refuse created by attendees of the
Program, the Organization shall lease from the City a refuse container at market-
rate. Organization is responsible for providing refuse bags and individual
receptacles to its vendors.
E. Clean-up. Organization shall be responsible for removing all debris and repairing
any damage to Court Street Square resulting from operation of the Program. City
may bill Organization for the costs of any clean-up activity required as a result of
the Program.
4. Accountabilitv and Use of Funds by Organization. Organization is solely responsible for
the financial support, administration and management of Program. Organization hereby
covenants and agrees that one hundred percent (100%) of its weekly net profit (weekly
Page 2 of 6
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
revenue minus weekly expenses) will be committed and spent on improvements to the
Roosevelt Bowl. Organization will provide a monthly report to the Director of Parks,
Recreation and Community Services listing vendors, attendance, expenses and cash
receipts. Additionally, Organization will provide monthly financial statements to the
Director, which shall include but not be limited to, the amount of funds spent by
Organization on improvements to the Roosevelt Bowl. Organization further agrees to
permit the City, its agents and representatives, at reasonable intervals at any and all times
upon reasonable advance notice, to inspect all books, records and accounts for the weekly
Farmers' Market events.
5. Indemnity. Organization agrees to and shall indemnify and hold the City, its elected
officials, employees, agents or representatives free and harmless from all claims, actions,
damages and liabilities of any kind and nature arising from bodily injury, including death
or property damage, based or asserted upon any actual or alleged act or omission of
Organization, its employees, agents, concessionaires or subcontractors relating to or in
any way connected with the accomplishment of the work or performance of services
under this Agreement unless the bodily injury or property damage was actually caused by
the sole negligence of the City, its elected officials, employees, agents or representatives.
As part of the foregoing indemnity Organization agrees to protect and defend at its own
expense, including attorneys' fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based 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 and all such riders as are related to the
operation of the Program in the amount of $2,000,000 per occurrence combined single
limit, naming the City of San Bernardino, its departments, agencies, boards,
commissions, elected officials, officers, attorneys, employees and agents as additional
insureds. The policy shall be without right of subrogation against the City. The insurance
provided shall carry the endorsement that "This insurance is primary and noncontributory
as respects any loss or liability arising directly or indirectly from the insured's
operations."
A certificate of insurance evidencing such coverage shall be provided to the City' s Risk
Manager with the added notation that the insurance policy shall not be terminated or
materially altered without thirty days'prior written notice to the City.
Page 3 of 6
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
7. Permits. Organization shall obtain from the City and all other appropriate agencies all
such permits and approvals as shall be required under law for the conduct of the Program
or any part thereof.
8. 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.
9. Assignment. Organization shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of the Organization's interest in this Agreement
without City's prior written consent. Any attempted assignment, transfer, subletting, or
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
the 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.
10. Termination. This Agreement may be terminated by either Party upon the giving of thirty
(30) days'prior written notice.
11. Notice. All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
AS TO CITY: AS TO ORGANIZATION:
City of San Bernardino Patrons of the Roosevelt Bowl
300 North D Street P.O. Box 21054
San Bernardino, CA 92418 San Bernardino, CA 92406
Attn: City Manager Attn: President
12. Authorization to Execute. Organization hereby covenants that it has taken all actions
necessary to make the adherence to the obligations imposed by this Agreement a binding
obligation of the Organization.
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.
Page 4 of 6
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
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. 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.
17. Remedies; Waiver. All remedies available to either party for one or more breaches by the
other party are and shall be deemed cumulative and may be exercised separately or
concurrently without waiver of any other remedies. The failure of either party to act in
the event of a breach of this Agreement by the other shall not be deemed a waiver of such
breach or a waiver of future breaches, unless such waiver shall be in writing and signed
by the party against whom enforcement is sought.
18. Entire Agreement; Modification. This Agreement constitutes the entire agreement and the
understanding between the parties, and supersedes any prior agreements and
understandings relating to the subject matter of this Agreement. This Agreement may be
modified or amended only by a written instrument executed by all parties to this
Agreement.
Page 5 of 6
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2014 PATRONS OF THE ROOSEVELT BOWL
By:
Its:
Dated , 2014 CITY OF SAN BERNARDINO
By:
City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
By:
r
i
Page 6 of 6
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE PATRONS OF THE ROOSEVELT BOWL FOR
THE OPERATION OF A FARMERS' MARKET AT COURT STREET SQUARE