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HomeMy WebLinkAboutS1-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Susan Lien-Longville Subject: 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. Dept: Council Office 0 R 1 G 1 N A L Date: May 27,2003 Synopsis of Previous Council Action: Recommended motion: Adopt Resolution. ~~~~/~j Signature Contact person: Councilmember Lien-Longville Phone: 5188 Supporting data attached: Staff Report, Resolution Ward: 2 FUNDING REQUIREMENTS: Amount: $2850. Monthly Source: (Accl. No.) (Accl. Description) Finance: Council Notes: \2.\C66~ 7. CO 3,-- \?-?- Agenda Item No. Sl- (p I rL/ D3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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. Backl!round: The Patrons of the Roosevelt Bowl (Patrons) is incorporated as a 501.c.3 non-profit organization for the purpose of providing financial, 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. As a first endeavor, the Patrons is seeking an agreement with the City to provide support services in order to produce a San Bernardino Market Night (Market Night) in the Park adjacent to the Bowl. Market Night is proposed as a year-round event held on Tuesday evenings from 6-9:3Opm. Market Night will provide a mechanism to restore the Bowl and bring arts, culture, educational programming, entertainment, and community activity to the Bowl. Market Night in the Park has certain advantages because the physical infrastructure necessary to produce the event already exists: parking, restrooms, stage, and electrical service. The park-like setting is a proven successful venue for a number of annual events including the Chili Cook-Off, Over the Hill Gang Car Show, Neighborhood Night-Out, and the Jazz Festival. The Patrons have requested support services from City in order to assist in defraying the expenses connected with the events related to their "Market Night" Program. Support Services include: Electricity: The City of San Bernardino will provide the electricity necessary to run the event. Patrons have estimated that expense to be less than $10 per week. ParkinglSignagelBarricades: The City will provide 25 temporary "No-parking after 3pm 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 and Recreation Department: The department will provide two desks and access to existing phones and fax for the Market Manager and assistant at the Parks and Recreation facility four days per week. Parks and Recreation staff will be trained to collect Market Night Vendor Registration applications/fees at the counter during. regular business hours. Market Manager Booth: The City will provide use of the Concession Stand to the Market Manager on Tuesdays for the purposes of coordinating the event. Market Night Staff Report 6/02/03 Meeting Page 1 of2 Temporary Storage: The City will provide storage space in Perris Hill Park 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 one team of two overtime officers from 5:30- 10:3Opm at a cost of $650 per week. Marketing: City will provide street banner locations for continuous use at various locations throughout the year. The City's MarketinglPublic Affairs/ Public Information Office will continuously promote Market Night. The Patrons of the Roosevelt Bowl will be solely responsible for the financial support, administration, and management of Market Night. The Patrons will provide a weekly report listing vendors, attendance, and cash receipts. Additionally, Organization will provide monthly financial statements to the City which will include the amount of funds spent by Organization on improvements to the Roosevelt Bowl. Patrons will be responsible for the installation and associated costs of the electrical infrastructure needed to accommodate the vendors. Patrons will also provide one team of private security officers from 5 :30-1 0:30 pm and additional private security as deemed necessary by the Chief of Police. Fiscal Impact: Electricity costs are estimated to be $10 per week. The cost to fund two Police Officers will be $650 per week. Total of City support services to be provided - $2850 monthly. Recommendation: It is recommended that the Mayor and Common Council adopt the resolution. MarnetN~htSmffReporl 6/02/03 Meeting Page 2 of2 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 CCOJfY 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 PERRlS 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 is 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 which is attached hereto, marked Exhibit "An 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 III III III /1/ III /11 III III 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 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 PERRlS HILL PARK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN-LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2003. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney "EXHIBIT A" 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 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 (a 501 (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. III III I 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 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL 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 weekly report listing vendors, attendance, 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. 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 electrical infrastructure needed to accommodate the vendors. Maintenance: Organization will provide an adequate number 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. Private Security: Organization will provide one team of two private security officers from 5:30-10:30 pm and such additional private security officers as determined by the Chief of Police. 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 3 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 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL 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 agents, as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or her 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. III 4 1 2 3 4 9. "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL Notices. All notices herein required shall be in writing and delivered in person or 5 sent by certified mail, postage prepaid, addressed as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 III III III 22 III 23 24 25 26 27 28 As to City: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator As to Organization: Patrons of the Roosevelt Bowl 547 No. Sierra Way San Bernardino, CA 92401 Attn: President III III III III III III III III III III III III 5 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 "EXHIBIT A" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PATRONS OF THE ROOSEVELT BOWL 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. In Witness Whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO By. Judith Valles, Mayor PATRONS OF THE BOWL By. Jeff Grande Patrons of the Roosevelt Bowl By. Dennis Baxter Patrons of the Roosevelt Bowl APPROVED AS TO FORM AND LEGAL CONTENT: By: James F. Penman City Attorney 6 '. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~. z.-()3 Item # S.1- Resolution # Vote: Ayes I -1 Nays -e Abstain -e- '2crJ3 - \ dd- Absent -8-- Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: '" I {Xu3 on c:',POO'-j Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY ~-A-03 Date of Mayor's Signature: e:, .'-'1-03 Date ofClerklCDC Signature: (,., - S ..O~ ~. Date Sent to Mayor: Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: 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): Copies Distributed to: City Attorney /' Parks & Rec. Code Compliance Dev. Services Public Services Water Police Notes: NulllYoid After: Coo DA-1J, / ~ - 1- <:.)3 I By: - Reso. Log Updated: Seal Impressed: ,/", ,/' Date Returned: <c - [0-<:>'3 Yes ...L.- No Byf- Yes NO.JL....... By Yes No t/ ::E Yes No ,/ Yes No ,/ By_ EDA Finance / <.:JOune; L MIS (~L.r- Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: l',r\1' Date: * Revised 01/12/01