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HomeMy WebLinkAbout29-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilman Dennis J. Baxter Second Ward Subject: Resolution Authorizing the the Mayor to execute an agree- ment between the City of San Bernardino and the Patrons of the Roosevelt Bowl to provide support services for Market Night at Perris Hill Park Dept. Council Office Date: March 13,2006 MCC Date: March 20, 2006 Synopsis of Previous Council Action: ORJGJf\. . L_ Recommended Motion: Adopt Resolution. ~~ Signature Contact Person: Councilman Dennis J. Baxter Phone: 5222 Supporting Data Attached: Staff Report/Resolution Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriDtion) Finance: Council Notes: :J. O{) fo '" g I Agenda Item No. 0ld-b t Den ;iq CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK The Patrons of the Roosevelt Bowl (Patrons) is incorporated as a 501.c.3 non- profit organization for the purpose of providing fmandal, physical, and program support for arts, culture, entertainment, and community activity at the Roosevelt Bowl Outdoor Amphitheater (Bowl) in San Bernardino's Perris Hill Park (Park). The Patrons of the Roosevelt Bowl Articles of Incorporation specify that the residents of the City of San Bernardino and this particular city-owned facility will be the sole benefactors of the Patrons activities. No one can forget July 13, 2003 when the San Bernardino Farmers Fair and Market Night opened with over 100 vendors and crowds so large that additional cars looking for a place to park were turned away. The following Tuesday nights were an enormous success. Within weeks, additional street parking was added and a new driveway was installed to the west parking lot. It seemed like San Bernardino had a winner on its hand and spirits could not have been higher. Then came Saturday, October 25th, the 3rd Annual Jazz Festival had just gotten underway in Perris Hill Park, when the "Old Fire" roared down the canyon taking more than 400 homes. The City of San Bernardino went into shock. Not even an aggressive advertising campaign and collecting donations for the victims throughout the winter and spring could bring people back. Soon the vendors began to slip away and Patrons started struggling fmancially. In May of 2004, a festive Grand Opening failed to attract a crowd and, in spite of similar attempts, the crowds and vendors continued to remain stagnant until the market closed after Labor Day in 2004. That winter, the Executive Director of the 66er's Arrowhead Stadium, Dave Oldham, and Larry Sharp, CEO of the Arrowhead Credit Union approached Councilmember Susan Longville proposing to "import" the market to the stadium for all home games, plus a Perris Hill market during Junior University. The Board of Directors voted to give it a try. A lesson was learned: farmers balked at the concept and the entire season netted less than $500 profit. At this time, with a new Mayor and a community pulling together as evidenced by Mynesha's Circle and the March for Peace that brought out 1,000 people, the opportunity to utilize the market as a positive force for change exists. Former Councilmember Susan Longville was elected as President of the Board and she is committed to bringing the market back to its former glory and unrealized potential. This item did not go to Ways & Means Committee because time is of the essence NOW to recruit vendors before seasonal commitments on Tuesday nights are made elsewhere. The Grand Opening will occur when the market has reached a threshold of vendors and farmers that was established by the Board. An experienced local vendor, Joe Margolis, whom the Board respects from his many years of experience working at local markets, is ready to take on the recruitment and management of the market. The manager is also responsible for verifying that vendors have a valid business license, or filling out the application and collecting the City's special license fee that is delivered to the City Clerks Office. A County Health Department permit will be obtained for food vendors. The street banner is being repaired with a new attachment that reads "Watch for Grand Opening Date". It will be installed as soon as possible. This is an investment in the City's quality of life. As before, the City can terminate the agreement with 30 days notice should the need arise. I urge your support of this resolution. Recommended Action To adopt the resolution. 2 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 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK. Be it resolved by the Mayor and Common Council of the City of San Bernardino as follows: SECTION 1. The Mayor of the City of San Bernardino if hereby authorized and directed to execute on behalf of said City an Agreement with the Patrons of the Roosevelt Bowl regarding support services for Market Night at Perris Hill Park, a copy of \vhich is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III / I! / I III III III III III III III III 170. 29 ~/2{) lo? 15 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE MAYOR Al\D COMMON COUNCIL OF THE CITY OF SA;\! BERNARDINO AUTHORIZING THE MA YOR TO EXECCTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL TO PROVIDE SUPPORT SERVICES FOR MARKET NIGHT AT PERRIS HILL PARK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 1'v1ayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2006, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTIV\DA BAXTER MC GINNIS DERR'{ 14 KELLEY 16 JOHNSON !\1C CAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2006 Patrick 1. Morris. Mayor City of San Bernardino Approved as to form and legal content: JAMl:;;S F. PENMAN ......). City &\;~torneY/l . Bv' \ i ~ . '-1 J' . y"" -" ';'"!- ....~ ~ /' "J'.' ,/" J ,,/ J I ;, (' -t..-'1 '\'~"r"",,- "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and Patrons of the Roosevelt Bowl (a50 1 (c)(3) non-profit organization), referred to as "Organization". The parties agree to as follows: 1. Recitals. A. Organization has requested support services from City in order to assist in defraying the expenses connected with the conduct of events related to their "Market Night" Program at Perris Hill Park for the purpose of generating revenues to be used for improvements at the Roosevelt Bowl, a city-owned facility. B. The support services provided by the City are for a valid municipal purpose, to wit: for the conduct of events related to the Organization's Weekly Market Night Program in Perris Hill Park for the purpose of generating revenues to be used for improvements at the Roosevelt Bowl, a City-owned facility. Furthermore, the Patrons of the Roosevelt Bowl was established for the sole purpose of providing financial, physical, and program support for arts, culture, entertainment, and community activity at the Roosevelt Bowl Outdoor Amphitheater in San Bernardino's Perris Hill Park. C. The weekly Market Nights at Perris Hill Park will be held during the months of April through September and during the month of December. 2. Term. Based upon the recitals contained herein, this Agreement is for a twenty-four- (24) month period beginning April 17, 2006, and ending on April 16, 2008. It is renewable bi-annually upon written mutual agreement by both parties. 3. Support Services. City agrees to provide the following: "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL Electricity: The City will provide the electricity necessary to run the event. Parking/Signage/Barricades: The City will provide 25 temporary "No parking after 3:00 p.m. on Tuesday" signs that Patron staff will post on the park roadway on the morning of each event. The City will also provide barricades for Patron staff to close the roadway for the event. Parks & Recreation Storage: The City will provide storage space at Fiscalini field, the former ticket office and adjoining room for storage and meeting space, for the temporary electrical system, cardboard trash containers, no parking signs, and miscellaneous supplies until such time as the Patrons/Junior University develop their own on-site storage facility. Police: The Police Department will provide police officers for the weekly event as specified by the Police Chief. Street Banners: The City will provide year-round use of the banner location on Highland Avenue (and other locations as available). The City's Marketing Public Affairs/Public Information Office will promote Market Night in coordination with Patrons of the Roosevelt Bowl to ensure success. 4. Accountability: Responsibility: Organization will be solely responsible for the financial support, administration, and management of Market Night. Organization 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 Roosevelt Bowl. Organization will provide a monthly report listing vendors, attendance, expenses, and cash receipts. Additionally, Organization will provide monthly financial statements to the City, which shall include, but not be limited to, the amount of funds spent by Organization on improvements to the Roosevelt Bowl. 2 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL Organization further agrees to permit the City, its agents and representatives at reasonable intervals at any and all times upon reasonable advance notice, to inspect all books, records, and accounts for the weekly Market Night events. Electricity: Organization will be responsible for the installation and associated costs of the portable electrical system needed to provide service to (individual) vendors. Maintenance: City will provide an adequate number of bags and cardboard trash receptacles to collect the refuse of the attendees which will be emptied by Market Night staff into a city-leased 3 cubic yard container with weekly service. 5. Hold Harmless. Organization covenants and agrees to defend, (if asked by City), indemnify, and hold harmless the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. 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 "counsel fees" for the purposes of this paragraph. 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, in the amount of $1,000,000 per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and 3 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL agents, as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without ten days prior notice to the City. 7. Termination. This agreement may be terminated by either Party upon the giving of thirty (30) days written notice. 8. 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. 9. Notices. 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 300 North "D" Street San Bernardino, CA 92418 Attn: City Manager Patrons of the Roosevelt Bowl 1833 Kenwood Avenue San Bernardino, CA 92404 Attn: President 10. Entire Agreement. This Agreement and any documents or instruments referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writings in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of this Agreement shall prevail. 4 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL In Witness Whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO By Patrick J. Morris, Mayor PATRONS OF THE BOWL By Susan Lien Longville, President Patrons of the Roosevelt Bowl By Oscar Gonzalez, Secretary Patrons of the Roosevelt Bowl APPROVED AS TO FORM AND LEGAifONTENT: /) 1/-, / ~ T !f,<-;/J By: J~~ ;~;:::ma~ . .1 ~',0~,~~ // C1y Attorney (~/ III III III /11 III III III III 5 ',' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M.O;., D", (D... A'7"" '3, y> ' 010 Vote: Ayes Nays Change to motion to amend original documents 0 Item # .:3f'1 Resolution # ,:J [I 06 -- '3 / Abstain Companion Resolutions Absent I.m ,~,-'I fifth NulVVoid After: J./!L/L-- days / './ ~ Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: ~"Y1 ,t) k> Date of Mayor's Signature: 7') 'r - () b Date ofClerk/CDC Signature: '3 ,,) Yr e6 Reso. Log Updated: 6" Seal Impressed: 1Zf"'/ Reso. # on Staff Report c:( Date Memo/Letter Sent for Signature: ?' -AI' 0' Date Returned: '-f -J..'7 - r:& Not Returned: 0 I" Reminder Letter Sent: 2"d Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): YeS/NO By_ Yes - No'/' By_ NO~_ No By_ Yes Yes Yes No By_ Copies Distributed to: Animal Control o ~ EDA 0 Information Services ~ ~ Parks & Recreation Police Department 0 0 Public Services 0 0 Water Department 0 City Administrator City Attorney Facilities Finance Code Compliance 0 Fire Department Development Services 0 '. Hu~n Resources, Others: _CV"/)V"c.ve~ _I) / Notes: Ready to File: _ Date: Revised 12/18/03 . . OFFICE OF TIlE CITY CLERK RACHEL G. CLARK, C.M.C. .. CITY CLERK 300 North "D" Street. San Bernardino' CA92418-0oo1 909.384.5002. Fax: 909.384.5158 www.sbcity.org '" March 28, 2006 Patrons of the Roosevelt Bowl Attn: President 1833 Kenwood Avenue San Bernardino, CA 92404 Dear President; At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino adopted Resolution 2006-81- Resolution authorizing the Mayor to execute an agreement between the City of San Bernardino and the Patrons of the Roosevelt Bowl to provide support services for market night at Perris Hill Park. Enclosed are one (I) original agreement and two (2) duplicate original agreements, to be executed. Please sign in the appropriate locations and return the original and one (1) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please keep one (I) fully executed duplicate original agreement for your records. Please be advised tbat the resolution and agreement will be null and void if not executed within sixty (60) days or by Thursday, May 18, 2006. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, " "f ,~~<.'I,,;/ ,.~../~ Eileen Gomez c,./ Senior Secretary Enclosure Cc: Councilman Dennis J. Baxter CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty