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HomeMy WebLinkAbout23-City Manager's Office CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Resolution of the Mayor and Common Council authoring the execution of an Dept: City Manager's Office agreement between the City of San Bernardino and the Convention and Date: August 30, 2011 Visitors Bureau dba Route 66 Rendezvous for in-kind support for the 22St Annual Stater Bros Route 66 Rendezvous and a request for reimbursement of in-kind support not to exceed $24,560 from the FY 11/12 Civic and Promotional Fund. Meeting Date: September 6, 2011 Synopsis of Previous Council Action: 8/17/2011 — Ways and Means Committee reviewed and recommended item for approval. Recommended Motion: Adopt resolution. Signature Contact Person: James Graham, Phone: 5122 Assistant to the City Manager Supporting Data: Staff Report; Resolution; Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: In-kind Support of$141,700 including$24,600 from the Civic and Promotion Fund for department personnel and equipment costs. TOTAL $24,600 Source Various General Fund and IWM Accts. Finance: Council Notes: 6 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 22s' Annual Stater Bros Route 66 Rendezvous and a request for reimbursement of in- kind support not to exceed$24,600 from the FY 11/12 Civic and Promotional Fund. BACKGROUND: The San Bernardino Convention and Visitors Bureau (CVB) will host the 22"d Annual Stater Bros Route 66 Rendezvous on September 15 — 18, 2011. 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. With an estimated attendance of 500,000 over the course of the four-day event it is estimated that that the City receives approximately $135,000 in room occupancy taxes and approximately $60,000 in sales tax revenue. Car enthusiasts from across the country visit San Bernardino and as a consequence help the local economy. They patronize local restaurants and purchase variety of other services. In addition, major media outlets from across the state provide live coverage of the four-day event. A departmental breakdown of the City's estimated costs (based on the 2010 event) and funding sources for 2011 event is shown on Attachment A. The total estimated cost to the City is approximately $150,000. Integrated Waste Management (IWM) costs of $14,800 are paid through the refuse fund, and the CVB typically reimburses the City for services from the Fire Department in the approximate amount of$8,400 reducing the cost to the General Fund to approximately $126,300. Staff is requesting that the Mayor and Common Council approve funding from the General Fund in the amount of$126,300 with reimbursement to the participating City departments of in-kind support from the Civic and Promotional Account not to exceed $24,600. The remaining General Fund contribution of $101,700 will be funded within the existing adopted budgets of the participating departments. In- kind support costs of various departments which would be funded by the Civic and Promotion Account include the following: Police (Non-Sworn) $4,500 Fire Department(Fees) $ 100 Public Works (Traffic) $ 8,600 Public Works (Streets) $11400 TOTAL $ 24,600 In addition, City staff is working with EDA and the CVB to provide insurance coverage for the event. EDA has agreed to fund the insurance costs associated with the event resulting in no additional costs from the General Fund. 1 -+nsr�r�a��irn�ww+�r�s�r i A memo from the CVB, dated April 21, 2011, (Attachment B) represents an overview of the Sponsorship Package and benefits provided to the City in return for services. The sponsorship, valued at $61,900, 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 tax revenue and an increase in sales tax. FINANCIAL IMPACT: As in the previous year, the total financial impact on the General Fund is estimated at $126,300 which includes reimbursement of in-kind support not to exceed $24,600 from the FY 11/12 Civic and Promotional Account. Civic and Promotional Account Balance Account No: 001-090-5186-0000-0052 Account Budgeted Amount: $153,500 Previous Actual Expenditures: 81,100 Current Request: 24,600 Projected Future Allocations 47,500* Projected Balance Year to Date $ 300 * Includes potential requests for funding for the Black History Parade and 41' of July Event. Additional information regarding the Civic and Promotional Account is included in Attachment C. Attachment D is the proposed agreement with the Convention and Visitors Bureau dba Route 66 Rendezvous for the provision of in-kind services by the City. RECOMMENDATION: 1. Adopt resolution. 2. Approve in-kind support in an amount not to exceed $150,000 which includes General Fund support of $126,300, funding of the IWM costs of $14,800, and reimbursement to the participating City departments in an amount not to exceed $24,600 from the FYI 1/12 Civic and Promotion Account. 2 O O O O O C O O O C O C O O O O O O C O O C O C C O O O O O O O O O O C O O O O O O O O O O C O C O C b N az ~ o N Q ti � O Q � � W � I � W d U W O W � � � U h U CID Q N a a w va w a° cn z w a w i k 1 f Y i C N N b N C ce N W bIS cn � � V', 5Fi E!S (J9 E!9 6A � U O Z c � O U w 7 ° o 7z�. CA RS v A o � C A Qo is a ATTACHMENT B ..�= Route 66 <_ ®Rendezvoue San Bernardino CVB - Special Events Division 415 West 2"d Street, San Bernardino, California 92401 (909)388-2934-Fax(909)388-2939 Visit us at our webssiitee www.ro(_�uttt e-66.org SA ��22 0 wqo ■ embW Sepfemb4n 15 - /8, 2UII MEMORANDUM TO: City of San Bernardino DATE: April 21, 2011 FROM: Jo Ann Webb, Director of Corporate Relations RE: Sponsorship Overview— Route 66 Rendezvous —September 15-18, 2011 The City of San Bernardino and the City's Environmental Projects, will receive the following recognition as a Sponsor of the 22nd Annual Stater Bros. Route 66 Rendezvous®: 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'. CREDENTIALS: 30 Sponsor Credentials (Mayor's Office, City Manager's Office, City Council, City 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 15. E-mail to: ioann(a),route-66.og MEDIA: Whenever possible the City will be included in media outreach. CRUISIN' 9 Cruisin' Awards to be presented to a registered vehicle participant by the following City staff members: 1) Mayor 2) City Council (7) 3) City Attorney City staff 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 1,700 items for the Goodie Bags for the registered participants. 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 by August 1. 65 0 P s C O N V E N T I O N d V 1 5 1 T 0 R 5 B U R E A U i I ATTACHMENT B 4 Route 66 Rendezvous" San Bernardino CVB- Special Events Division WA.M.40 415 West 2,Id Street, San Bernardino, California 92401 € (909) 388-2934•Fax(909) 388-2939 Visit us at our website www.route-66.org 22 *a" af eud-sinSAN B SeptemAn 15- 18, 2011 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„ 2"d St., "E" Street, Church St., Cal State) 5,500 Event Poster (These go to Europe, Australia, New Zealand, Japan, 3,000 Great Britain and throughout the United States Bikerail Si na a At Event 8,000 Sound Tower Si na a 12,000 Flyers (Distributed at car shows in CA, NV, AZ, etc.) 1,000 Media: Local News a ers: The Sun, The PE, La Prensa 4,500 Other : Route 66 Magazine, Route 66 Pulse, 6,000 Drive!, Travel Host, Inland Empire News, IEMG, KCAA, Internet postings, etc. Note: Value of media coverage, including Los Angeles area <850,000> media outlets, is estimated to be over $850,000. In 2011, KTLA-Channel 5 was on-site at Theatre Square for their Friday mooring show. Trash Collection During Event Hours 5,000 Credentials: VIP Venue and Cruisin' Hall of Fame VIP (30) 2,000 Polo Shirts (4) 100 Jackets (4) 200 Cruisin' Awards (9) 100 Booth Space: Canopy Top, Power, Space — 10' x 30' 6,000 TOTAL: 61,900 SawyQ1las; M ' C O N V E N T I O N a v 15 1 T 0 R 5 B U R E A U { Q 0 0 0 0 0 0 0 0 0 0 0 0 ( c o 000000000000 e o n 7 7 m 00 m r m r m n [ � » + agar- = z 0 » w w # L) ! U c ( m m { U m [ Q 00 000 0 L6 (6 � � � �cli . [ Lf) � ( 2 � ( / C w & I 00 0 ) od / / ' R uj 0 C14 k \ 0 � , , , , , , D 9 = Q 0 / 0 0 � o a 2 / od O o 2 2 / / o \ ° ® k $ % ®O w w \ O \ ° 0 E 0 2 = _ » t = L 2 ƒ � CL U � / CD > 7 u � e o U o 0 CL : G o _ 2 L) 0 o § 2 0 0 0 � CL 6 _ a. _ o ° C14 2 >M L) L 0 � ? m § 2 a) _ C o 0 \ $ § « 0 o o q E c 0 0 � 0 � 0 ® ± u c- ° T CD LO / / \ / $ $ y LL. m a) \ \ \ / f 2 / k \ / ¥ k c i ATTACHMENT D SERVICES AGREEMENT 22"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 2011/2012, in order to assist in the conduct of the 22"Annual Stater Bros Route 66 Rendezvous, to be held on September 15- 18, 2011. The assistance agreed to by CITY, and provided for in this Agreement, is made on a one- time basis for the 22nd Stater Bros Route 66 Rendezvous, 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 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. SPONORSHIP. A. In exchange for providing in-kind services to the Organization,the CITY shall receive sponsorship services as listed in Exhibit"1"of this Agreement. B. Sponsorship services to the CITY shall expire with the conclusion of the event activities. 5. 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 $141,100. Services shall include: 1 SERVICES AGREEMENT 22"Annual Stater Bros Route 66 Rendezvous 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. 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(13) of this Agreement. 6. 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. 7. 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 2 SERVICES AGREEMENT 22"Annual Stater Bros Route 66 Rendezvous 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. 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. 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. 10. 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. 11. 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, 6t'floor 1955 Hunts Lane, Suite 102 San Bernardino, CA 92418 San Bernardino, CA 92408 Attn: Charles McNeely, City Manager Attn: Wayne Austin, Executive Director 3 SERVICES AGREEMENT 22"Annual Stater Bros Route 66 Rendezvous 12. 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. 13. 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. 14. 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. 15. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 16. 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. 17. 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. 18. 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 4 SERVICES AGREEMENT 22"Annual Stater Bros Route 66 Rendezvous 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. 19. 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. 20. 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 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO 4 AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU DBA ROUTE 66 FOR IN-KIND SUPPORT SERVICES FOR THE 22ND ANNUAL STATER 5 BROS ROUTE 66 RENDEZVOUS. 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 15 through 9 September 18, 2011 in downtown San Bernardino; and 10 11 WHEREAS, the City of San Bernardino has agreed to provide in-kind support services 12 for the event in exchange for certain promotional recognition. 13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 14 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 17 and directed to execute on behalf of said City an Agreement with the San Bernardino 18 Convention and Visitors Bureau dba Route 66, for in-kind support services, a copy of which is 19 attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set 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 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO 3 AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU DBA ROUTE 66 FOR IN-KIND SUPPORT SERVICES FOR THE 22ND ANNUAL STATER 4 BROS ROUTE 66 RENDEZVOUS. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a meeting 7 8 thereof, held on the day of , 2011, by the following vote to-wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 JENKINS 12 BRINKER 13 SHORETT 14 KELLEY 15 16 JOHNSON 17 MCCAMMACK 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 2011 21 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved as to form: 25 26 JAMES F. PENMAN, 27 City Attorney 28 By: i; .f�il��►� 1 2 i SERVICES AGREEMENT 22s'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 2011/2012, in order to assist in the conduct of the 22s'Annual Stater Bros Route 66 Rendezvous, to be held on September 15- 18, 2011. The assistance agreed to by CITY, and provided for in this Agreement, is made on a one- time basis for the 22"d Stater Bros Route 66 Rendezvous, 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 with Fire Department services as described in Section 5(E) 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. SPONORSHIP. A. In exchange for providing in-kind services to the Organization, the CITY shall receive sponsorship services as listed in Exhibit"1" of this Agreement. B. Sponsorship services to the CITY shall expire with the conclusion of the event activities. 5. 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 $141,100. Services shall include: I Exhibit "A" SERVICES AGREEMENT 22St Annual Stater Bros Route 66 Rendezvous 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. 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(13) of this Agreement. 6. 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. 7. 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 SERVICES AGREEMENT 22" Annual Stater Bros Route 66 Rendezvous 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. 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. 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. 10. 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. 11. 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, 6"' floor 1955 Hunts Lane, Suite 102 San Bernardino, CA 92418 San Bernardino, CA 92408 Attn: Charles McNeely, City Manager Attn: Wayne Austin, Executive Director i SERVICES AGREEMENT 22" Annual Stater Bros Route 66 Rendezvous 12. 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. 13. 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. 14. 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. 15. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 16. 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. 17. 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. 18. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such detennination shall not affect the validity or SERVICES AGREEMENT 225 Annual Stater Bros Route 66 Rendezvous 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. 19. 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. 20. 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: EXHIBIT 1 Route 66 Rendezvous San Bernardino CVB - Special Events Division CALIFORNIA 415 West 2nd Street, San Bernardino, California 92401 u s (909) 388-2934•Fax(909)388-2939 G6Visit us at our website www.route-66.org SAN BERN RDINO ee&6wtM# 22 Yea" °f eutbin Septw dw415 — 18, 2011 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„ 2n, St., "E" Street, Church St., Cal State) 5,500 Event Poster (These go to Europe, Australia, New Zealand, Japan, 3,000 Great Britain and throughout the United States) Bikerail Si na e At Event 8,000 Sound Tower Si na e 12,000 FI ers (Distributed at car shows in CA, NV, AZ, etc.) 1,000 Media: Local Newspapers: The Sun, The PE, La Prensa 4,500 Other : Route 66 Magazine, Route 66 Pulse, 6,000 Drive!, Travel Host, Inland Empire News, IEMG, KCAA, Internet postings, etc. Note: Value of media coverage, including Los Angeles area <850,000> media outlets, is estimated to be over $850,000. In 2011, KTLA-Channel 5 was on-site at Theatre Square for their Friday mooring show. Trash Collection During Event Hours 5,000 Credentials: VIP Venue and Cruisin' Hall of Fame VIP (30) 2,000 Polo Shirts (4) 100 Jackets (4) 200 Cruisin' Awards (9) 100 Booth Space: Canopy Top, Power, Space — 10' x 30' 6,000 TOTAL: 61,900 C��s C O N V E N T I O N & V I S I T O R S B U R E A U i EXHIBIT 1 Route 66 Rendezvous iL San Bernardino CVB - Special Events Division CALIFORNIA 415 West 2nd Street, San Bernardino, California 92401 S (909) 388-2934•Fax(909)388-2939 S nD^Viis�it us at our website www.route-66.org SAN BERNARDINO ee&l l# 22 Yea" ! eutbi l Septe dtu 15- 18, 2v11 MEMORANDUM TO: City of San Bernardino DATE: April 21, 2011 FROM: Jo Ann Webb, Director of Corporate Relations RE: Sponsorship Overview- Route 66 Rendezvous -September 15-18, 2011 The City of San Bernardino and the City's Environmental Projects, will receive the following recognition as a Sponsor of the 22nd Annual Stater Bros. Route 66 Rendezvous& 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'. CREDENTIALS: 30 Sponsor Credentials (Mayor's Office, City Manager's Office, City Council, City 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 15. E-mail to: ioann(a)-route-66.org MEDIA: Whenever possible the City will be included in media outreach. CRUISIN' 9 Cruisin' Awards to be presented to a registered vehicle participant by the following City staff members: 1) Mayor 2) City Council (7) 3) City Attorney City staff 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 1,700 items for the Goodie Bags for the registered participants. 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 by August 1. Ji���rll C O N V E N T I O N & V I S I T 0 R S B U R E A U I SERVICES AGREEMENT 22"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 2011/2012, in order to assist in the conduct of the 22St Annual Stater Bros Route 66 Rendezvous, to be held on September 15- 18, 2011. The assistance agreed to by CITY, and provided for in this Agreement, is made on a one- time basis for the 22nd Stater Bros Route 66 Rendezvous, 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 with Fire Department services as described in Section 5(E) 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. SPONORSHIP. A. In exchange for providing in-kind services to the Organization, the CITY shall receive sponsorship services as listed in Exhibit"1" of this Agreement. B. Sponsorship services to the CITY shall expire with the conclusion of the event activities. 5. 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 $141,100. Services shall include: 1 SERVICES AGREEMENT 22" Annual Stater Bros Route 66 Rendezvous 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. 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(13) of this Agreement. 6. 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. 7. 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 2 SERVICES AGREEMENT 22" Annual Stater Bros Route 66 Rendezvous 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. 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. 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. 10. 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. 11. 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, 6ffi floor 1955 Hunts Lane, Suite 102 San Bernardino, CA 92418 San Bernardino, CA 92408 Attn: Charles McNeely, City Manager Attn: Wayne Austin, Executive Director I SERVICES AGREEMENT 22" Annual Stater Bros Route 66 Rendezvous 12. 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. 13. 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. 14. 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. 15. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 16. 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. 17. 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. 18. 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 4 SERVICES AGREEMENT 22" Annual Stater Bros Route 66 Rendezvous 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. 19. 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. 20. 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 At orney By: Ate— s i i EXHIBIT 1 Route 66 R 4W16 endezvous® San Bernardino CVB - Special Events Division CALIFORNIA 415 West 2"d Street, San Bernardino, California 92401 U s (909)388-2934-Fax(909)388-2939 6 6 Visit us at our website www.route-66.org SAN BERNARDINO eG(-G{Jf:1# 22 I euaik Sepfem ,n 15 - 18, 2UII 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„ 2"d St., "E" Street, Church St., Cal State) 5,500 Event Poster (These go to Europe, Australia, New Zealand, Japan, 3,000 Great Britain and throughout the United States Bikerail Si na a At Event 8,000 Sound Tower Si na a 12,000 Flyers (Distributed at car shows in CA, NV, AZ, etc.) 1,000 Media: Local Newspapers: The Sun, The PE, La Prensa 4,500 Other : Route 66 Magazine, Route 66 Pulse, 6,000 Drive!, Travel Host, Inland Empire News, IEMG, KCAA, Internet postings, etc. Note: Value of media coverage, including Los Angeles area <850,000> media outlets, is estimated to be over $850,000. In 2011, KTLA-Channel 5 was on-site at Theatre Square for their Friday mooring show. Trash Collection During Event Hours 5,000 Credentials: VIP Venue and Cruisin' Hall of Fame VIP (30) 2,000 Polo Shirts (4) 100 Jackets (4) 200 Cruisin' Awards (9) 100 Booth Space: Canopy Top, Power, Space — 10' x 30' 6,000 TOTAL: 61,900 S 0#8 C 0 N V E N T 1 0 N & V I S I T 0 R 5 B U R E A U i EXHIBIT 1 Route 66 Rendezvous" ,; San Bernardino CVB - Special Events Division CALIFORNIA > 415 West 2"d Street, San Bernardino, California 92401 6U S it (909) 388-2934•Fax (909)388-2939 6 / Visit us at our website www.route-66.org SAN BERNARDINO 22 *a" o f L'ud,,5in' SeptwdwA 15 - 18, 201 MEMORANDUM TO: City of San Bernardino DATE: April 21, 2011 FROM: Jo Ann Webb, Director of Corporate Relations RE: Sponsorship Overview— Route 66 Rendezvous — September 15-18, 2011 The City of Sari Bernardino and the City's Environmental Projects, will receive the following recognition as a Sponsor of the 22nd Annual Stater Bros. Route 66 Rendezvous®: 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'. CREDENTIALS: 30 Sponsor Credentials (Mayor's Office, City Manager's Office, City Council, City 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 15. E-mail to: joann(a)route-66.org MEDIA: Whenever possible the City will be included in media outreach. CRUISIN' 9 Cruisin' Awards to be presented to a registered vehicle participant by the following City staff members: 1) Mayor 2) City Council (7) 3) City Attorney City staff 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 1,700 items for the Goodie Bags for the registered participants. 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 by August 1. 10 V 4 $ I' [ 0 N V E N 7 1 0 N & V 1 5 1 7 0 R 5 B U R E A U