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HomeMy WebLinkAbout2018-2521 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-252 REVIEW, DISCUSS AND PROVIDE DIRECTION IN RESPONSE TO THE REQUEST FOR A FEE WAIVER IN THE AMOUNT OF $39,834 FOR THE SAN BERNARDINO CHAMBER OF COMMERCE RENDEZVOUS BACK TO ROUTE 66 2018 EVENT, AND ADOPT RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CHAMBER OF COMMERCE TO PROVIDE SUPPORT SERVICES FOR RENDEZVOUS BACK TO ROUTE 66 2018 EVENT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute an agreement between the San Bernardino Area Chamber of Commerce and the City of San Bernardino for City support services at the 2018 Rendezvous Back to Route 66 event on October 6, 2018. SECTION 2. That the authorization granted hereunder shall expire and be void of no further effect if the agreemctit is not executed by both parties and returned to the office of the City Clerk within sixty (60) days following the effective date of the resolution. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REVIEW, DISCUSS AND PROVIDE DIRECTION IN RESPONSE TO THE REQUEST FOR A FEE WAIVER IN THE AMOUNT OF $39,834 FOR THE SAN BERNARDINO CHAMBER OF COMMERCE RENDEZVOUS BACK TO ROUTE 66 2018 EVENT, AND ADOPT RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CHAMBER OF COMMERCE TO PROVIDE SUPPORT SERVICES FOR RENDEZVOUS BACK TO ROUTE 66 2018 EVENT I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 5th day of September 2018, by the following vote, to wit: Couneil Members: AYES NAYS MARQUEZ BARRIOS x VALDIVIA X l SHORETT X CM) NICKEL RICHARD MULVIHILL X ABSTAIN ABSENT Y X George -lanna, C , City Clerk The foregoing Resolution is hereby approved this 5th day of September 201 . R. Carey Davi , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: '--- 0) CITY OF SAN BERNA11INO Interoffice Memorandum CITY CLERK'S OFFICE DATE: September 11, 2018 +1 Cynthia Alvarado Parks, Recreation, and Community Services FRlBM: Candice Alvarez, CMC, Deputy City Clerk to RE: Transmitting Documents for Signature — Scra ices Agreemew with the San Bemardinc} ,area Chamber of Commerce At the Mayor and City Council meeting of September 5, 2018 the City Council adopted Resolution No. 2018-252 authorizing the City Manager to execute a Service Agreement between the City of San Bernardino and San Bernardino Chamber of Commerce to provide support services for Rendezvous Back to Route 66 2018 event. Attached are three (3) ORIGINAL agreements to be executed. Please obtain signatures in the appropriate locations and return ONE ORIGINAL to Candice Alvarez in the City Clerk's Office as soon as possible. Please also retain a copy of the fully executed document for your records and forward the remaining copy to the appropriate party. SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO AREA CHAMBER OF COMMERCE FOR SUPPORT SERVICES TO BE PROVIDED BY CITY FOR THE 2018 RENDEZVOUS BACK TO ROUTE 66 EVENT This Services Agreement is entered into this 5S'h day of September by and between the San Bernardino Area Chamber of Commerce ("CHAMBER") and the City of San Bernardino ("CITY" or "San Bernardino'). WITNESSETH: WHEREAS, the Mayor and City Council has determined that it is advantageous and in the best interest of the CITY to contract for providing support services for the 2018 Rendezvous Back to Route 66 event; and NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. CHAMBER hereby engages the services of CITY to provide the following services: Police Services from 8:30 a.m. to 9:30 p.m. for general public safety including: fixed post and traffic deployment; Command Post coverage; motorcycle officers; and marked and unmarked units. Parks, Recreation and Community Services including setting up trash boxes throughout the event; trash pick-up during the event; restocking of bathrooms (porta pots); provide 6 large coolers of ice; provide tables, chairs, and the setup/take down of event tent; order the roll off bins for the event; fence off Court Street Square for the Beer Garden; provide generators to two stages and event vendors with previously identified electrical need; and delivery of products to the Beer Gardens. Public Works services including: street closures; installation of temporary "No Parking Zones" and barricades; providing access to Carousel Mall parking structure, southeast surface lot, the City Hall parking structure and Court Street Square and the parking lot; street cleaning; right of way cleanup prior to the event; and access to the conference room in the 201 building from 8:00 a.m. to 10:00 p.m. for usage as a volunteer break room. 3. TERM; TERMINATION. The term of this Agreement shall be for October 6, 2018. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CHAMBER 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 CHAMBER, 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, CHAMBER 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. CHAMBER 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 CHAMBER relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CHAMBER shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. 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: TO THE CITY: Jim Tickemyer-Director 290 North "D" Street San Bernardino, CA 92418 Telephone: (909) TO THE CHAMBER: Judi Penman 546 W. a Street San Bernardino, CA 92410 Telephone: (909) 384-9979 7. 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. 8. ASSIGNMENT. 2 CHAMBER shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CHAMBER'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 CHAMBER of CHAMBER's obligation to perform all other obligations to be performed by CHAMBER hereunder for the term of this Agreement. 9. 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. 10. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 11. 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. 12. 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. 13. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of 3 this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dat4aAjt�Z)k 2018 Dated 10_, 2018 Approved as to Form: Gary D. Saenz, City Attorney By: 4PPU_x ATTEST: Georgean Hanna, CMC, City Clerk CHAMBER By: Its:,u c`t---s' CITY OF SABERNARDINO By. An rea M. Miller, City Manager