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HomeMy WebLinkAbout2016-085 1 RESOLUTION NO. 2016-85 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 4 AGREEMENT WITH THE FRIENDS OF REAGAN PARK FOR THE PROVISION OF 5 SUPPORT SERVICES FOR THE CERTIFIED FARMERS' MARKET AT LITTLEFIELD & SHULTIS PARK AND RATIFY ANY ACTION TAKEN BETWEEN 6 APRIL 1,2016 AND THE DATE THAT THIS RESOLUTION IS ADOPTED 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 1.0 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City an 1.1 Agreement between the City of San Bernardino and the Friends of Reagan Park relative to 12 support services for the Certified Farmers' Market at Littlefield and Shultis Park, a copy of which "-3 is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set 4 15 forth in length. 16 SECTION 2. Any action taken between April 1, 2016 and the present date of adoption 17 of this Resolution is hereby ratified and approved. 18 SECTION 3. That the authorization to execute the above referenced Agreement is 19 rescinded if the parties to the Agreement fail to execute it within sixty 60 days of the passage of 20 21 this Resolution. 22 23 24 /// 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 2 AGREEMENT WITH THE FRIENDS OF REAGAN PARK FOR THE PROVISION OF 3 SUPPORT SERVICES FOR THE CERTIFIED FARMERS' MARKET AT LITTLEFIELD & SHULTIS PARK AND RATIFY ANY ACTION TAKEN BETWEEN 4 APRIL 1, 2016 AND THE DATE THAT THIS RESOLUTION IS ADOPTED 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 2°d 8 day of May, 2016, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 1.0 1 MARQUEZ X 12 BARRIOS X 13 VALDIVIA X _''_4 SHORETT X .L 5 NICKEL X L6 17 RICHARD x- 18 MULVIHILL x- 19 20 Georg Hanna, C , City Clerk 21 The foregoing Resolution is hereby approved this day of May, 2 22 r_ 23 R. Carey Da is, Mayor 24 City of San ernardino 25 Approved as to form: Gary D. Saenz, City Attorney 26 By' 27 28 2 2016-85 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD & SHULTIS PARK This Agreement is entered into this 2nd day of May , 2016 by and between the City of San Bernardino ("City") and Friends of Regan Park, a 501(c)(3) non-profit organization ("Organization") (individually "Party") (collectively "Parties"). RECITALS: WHEREAS, Organization has requested support services from City in order to assist in defraying expenses connected with the conduct of events related to the establishment and operation of a Farmers' Market at Littlefield and Shultis Park for the purpose of generating revenues to be used for improvements to the Littlefield and Shultis Park, a City owned facility; and, WHEREAS, the support services proposed to be provided by the City are for a valid municipal purpose, to wit: for the conduct of events related to the Organization's Weekly Farmers' Market Program (the "Program") in Littlefield & Shultis Park for the purpose of generating revenues to be used for improvements at the Littlefield & Shultis Park, a City owned facility; and, WHEREAS, the Friends of Reagan Park was established for the sole purpose of providing financial, physical, and program support for arts, culture, entertainment, and community activities at Regan Park; and, WHEREAS, the weekly Farmers' Market at Littlefield and Shultis Park will be held year round every Saturday, excepting City holidays, from 9:00 AM—3:00 PM. NOW, THEREFORE, for the consideration hereinafter set forth the Parties do hereby agree as follows: 1. The recitals set forth above are hereby repeated and made a part hereof and are hereby deemed to be true. 2. Term. This Agreement is for an initial term commencing as of the date the Agreement is fully executed and continuing for one year from the date of execution. The Agreement may be renewed upon the written concurrence of the Parties executed on or before the expiration of the then current term. Any renewal shall be upon such terms and conditions as shall be mutually agreeable to the Parties and incorporated into the written renewal. Page 1 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 3. In support of the Program the City and Organization hereby agree to the following: A. Electricity. The Organization shall be solely responsible for providing its own electricity and shall be responsible for the cost of electricity necessary to operate approved concessions and facilities of the Program. Approved concession and facilities shall be those set forth on a list presented to the Director of Parks, Recreation, and Community Services by the Organization at least thirty days prior to the first day of the Program. If necessary to provide its own electricity, Organization shall request permission from the Public Works Director to operate portable electrical systems during the Program. The Public Works Director may grant such permission in his discretion. Organization shall be responsible for the installation, removal, and all other costs associated with the operation of such portable electrical systems. B. Police. If the Chief of Police or his designee determines that a police presence is required at the Program to ensure the safety of the public, the Organization shall be responsible for the costs associated with such police presence. C. Vendors. The maximum number of vendors is limited to thirty (30) per week. D. Maintenance. Organization shall lease from the City's franchisee, Burrtec, a refuse container at market-rate. Organization is responsible for providing refuse bags and individual receptacles to its vendors. E. Clean-up. Organization shall be responsible for removing all debris and repairing any damage to Littlefield and Shultis Park resulting from operation of the Program. Organization shall post a$500.00 bond with the City as assurance. 4. Accountability and Use of Funds by Organization. Organization is solely responsible for the financial support, administration and management of Program. Organization hereby covenants and agrees that one hundred percent (100%) of its weekly net profit (weekly revenue minus weekly expenses) will be committed and spent on improvements to the Reagan Park. Organization will provide a monthly report to the Director of Parks, Recreation and Community Services listing vendors, attendance, expenses and cash receipts. Additionally, Organization will provide monthly financial statements to the Director, which shall include but not be limited to, the amount of funds spent by Organization on improvements to the Reagan Park. Organization further agrees to permit the City, its agents and representatives, at reasonable intervals at any and all times upon reasonable advance notice, to inspect all books, records and accounts for the Program. 5. Indemnity. Organization agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives free and harmless from all claims, actions, Page 2 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 damages and liabilities of any kind and nature arising from bodily injury, including death or property damage, based or asserted upon any actual or alleged act or omission of Organization, its employees, agents, concessionaires or subcontractors relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity Organization agrees to protect and defend at its own expense, including attorneys' fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Organization hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives with respect to third party claims against the Organization relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance and all such riders as are related to the operation of the Program in the amount of $2,000,000 per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents as additional insureds. The policy shall be without right of subrogation against the City. The insurance provided shall carry the endorsement that "This insurance is primary and noncontributory as respects any loss or liability arising directly or indirectly from the insured's operations." A certificate of insurance evidencing such coverage shall be provided to the City' s Risk Manager with the added notation that the insurance policy shall not be terminated or materially altered without thirty days' prior written notice to the City. 7. Organization shall obtain from the City and all other appropriate agencies all such permits and approvals as shall be required under law for the conduct of the Program or any part thereof. 8. Non-discrimination. In the performance of this Agreement and in the hiring and recruitment of employees Organization shall not engage in nor permit its officers, employees or agents to engage in discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation or any other status protected by law. Page 3 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 9. Assignment. Organization shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Organization's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Organization of Organization' s obligation to perform all other obligations to be performed by Organization hereunder for the term of this Agreement. 10. Termination. This Agreement may be terminated by either Party upon the giving of thirty (3 0) days' prior written notice. 11.Notice. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: AS TO CITY: AS TO ORGANIZATION: City of San Bernardino Friends of Reagan Park 300 North D Street PO Box 2912 San Bernardino, CA 92418 San Bernardino, CA 92406 Attn: City Manager 12. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed by this Agreement a binding obligation of the Organization. 13. Venue. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California, or the U. S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 14. Governing;Law. This Agreement shall be governed by the laws of the State of California. 15. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Page 4 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 17. Remedies; Waiver. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. Entire Agreement-, Modification. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. Page 5 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD & SHULTIS PARK IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 FRIENDS OF REAGAN PARK By: Its: Dated 12016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager Approved as to Form: Gary D. Saenz, City Attorney By:Z Page 6 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD & SHULTIS PARK This Agreement is entered into this 2nd day of May , 2016 by and between the City of San Bernardino ("City") and Friends of Regan Park, a 501(c)(3) non-profit organization ("Organization") (individually "Party") (collectively "Parties"). RECITALS: WHEREAS, Organization has requested support services from City in order to assist in defraying expenses connected with the conduct of events related to the establishment and operation of a Farmers' Market at Littlefield and Shultis Park for the purpose of generating revenues to be used for improvements to the Littlefield and Shultis Park, a City owned facility; and, WHEREAS, the support services proposed to be provided by the City are for a valid municipal purpose, to wit: for the conduct of events related to the Organization's Weekly Farmers' Market Program (the "Program") in Littlefield & Shultis Park for the purpose of generating revenues to be used for improvements at the Littlefield & Shultis Park, a City owned facility; and, WHEREAS, the Friends of Reagan Park was established for the sole purpose of providing financial, physical, and program support for arts, culture, entertainment, and community activities at Regan Park; and, WHEREAS, the weekly Farmers' Market at Littlefield and Shultis Park will be held year round every Saturday, excepting City holidays, from 9:00 AM—3:00 PM. NOW, THEREFORE, for the consideration hereinafter set forth the Parties do hereby agree as follows: 1. The recitals set forth above are hereby repeated and made a part hereof and are hereby deemed to be true. 2. Term. This Agreement is for an initial term commencing as of the date the Agreement is fully executed and continuing for one year from the date of execution. The Agreement may be renewed upon the written concurrence of the Parties executed on or before the expiration of the then current term. Any renewal shall be upon such terms and conditions as shall be mutually agreeable to the Parties and incorporated into the written renewal. Page 1 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS'MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 3. In support of the Program the City and Organization hereby agree to the following: A. Electricity. The Organization shall be solely responsible for providing its own electricity and shall be responsible for the cost of electricity necessary to operate approved concessions and facilities of the Program. Approved concession and facilities shall be those set forth on a list presented to the Director of Parks, Recreation, and Community Services by the Organization at least thirty days prior to the first day of the Program. If necessary to provide its own electricity, Organization shall request permission from the Public Works Director to operate portable electrical systems during the Program. The Public Works Director may grant such permission in his discretion. Organization shall be responsible for the installation, removal, and all other costs associated with the operation of such portable electrical systems. B. Police. If the Chief of Police or his designee determines that a police presence is required at the Program to ensure the safety of the public, the Organization shall be responsible for the costs associated with such police presence. C. Vendors. The maximum number of vendors is limited to thirty (30)per week. D. Maintenance. Organization shall lease from the City's franchisee, Burrtec, a refuse container at market-rate. Organization is responsible for providing refuse bags and individual receptacles to its vendors. E. Clean-up. Organization shall be responsible for removing all debris and repairing any damage to Littlefield and Shultis Park resulting from operation of the Program. Organization shall post a$500.00 bond with the City as assurance. 4. Accountabilitv and Use of Funds by Organization. Organization is solely responsible for the financial support, administration and management of Program. Organization hereby covenants and agrees that one hundred percent (100%) of its weekly net profit (weekly revenue minus weekly expenses) will be committed and spent on improvements to the Reagan Park. Organization will provide a monthly report to the Director of Parks, Recreation and Community Services listing vendors, attendance, expenses and cash receipts. Additionally, Organization will provide monthly financial statements to the Director, which shall include but not be limited to, the amount of funds spent by Organization on improvements to the Reagan Park. Organization further agrees to permit the City, its agents and representatives, at reasonable intervals at any and all times upon reasonable advance notice, to inspect all books, records and accounts for the Program. 5. Indemnity. Organization agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives free and harmless from all claims, actions, Page 2 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 damages and liabilities of any kind and nature arising from bodily injury, including death or property damage, based or asserted upon any actual or alleged act or omission of Organization, its employees, agents, concessionaires or subcontractors relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity Organization agrees to protect and defend at its own expense, including attorneys' fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Organization hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives with respect to third party claims against the Organization relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance and all such riders as are related to the operation of the Program in the amount of $2,000,000 per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents as additional insureds. The policy shall be without right of subrogation against the City. The insurance provided shall carry the endorsement that "This insurance is primary and noncontributory as respects any loss or liability arising directly or indirectly from the insured's operations." A certificate of insurance evidencing such coverage shall be provided to the City' s Risk Manager with the added notation that the insurance policy shall not be terminated or materially altered without thirty days' prior written notice to the City. 7. Organization shall obtain from the City and all other appropriate agencies all such permits and approvals as shall be required under law for the conduct of the Program or any part thereof. 8. Non-discrimination. In the performance of this Agreement and in the hiring and recruitment of employees Organization shall not engage in nor permit its officers, employees or agents to engage in discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation or any other status protected by law. Page 3 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 9. Assigmnent. Organization shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Organization's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Organization of Organization' s obligation to perform all other obligations to be performed by Organization hereunder for the term of this Agreement. 10. Termination. This Agreement may be terminated by either Party upon the giving of thirty (30) days' prior written notice. 11. Notice. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: AS TO CITY: AS TO ORGANIZATION: City of San Bernardino Friends of Reagan Park 300 North D Street PO Box 2912 San Bernardino, CA 92418 San Bernardino, CA 92406 Attn: City Manager 12. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed by this Agreement a binding obligation of the Organization. 13. Venue. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California, or the U. S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 14. Governing Law. This Agreement shall be governed by the laws of the State of California. 15. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 16. Severabili1y. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Page 4 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 17. Remedies; Waiver. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. Entire Agreement; Modification. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// Page 5 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD AND SHULTIS PARK 2016-85 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS' MARKET AT LITTLEFIELD & SHULTIS PARK IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated:,--^',f% .i Z , 2016 FRIENDS OF REAGAN PARK Its: Dated Mr T , 2016 CITY OF SAN BERNARDINO By: -1. Mark Scott, City Manager Approved as to Form: Gary D. Saenz, City Attorney s zBy: t'L� Page 6 of 6 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRIENDS OF REAGAN PARK FOR THE OPERATION OF A FARMERS'MARKET AT LITTLEFIELD AND SHULTIS PARK