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
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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
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ATTACHMENT B
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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
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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.
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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
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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