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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Date: May 13, 2002
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Subject: RESOLUTION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO
EXECUTE A CONTRATURAL AGREEMENT
WITH L.O. PRODUCTIONS TO PROVIDE A
CARNIVAL IN CONJUNCTION WITH THE
CITY'S ANNUAL FOURTH OF JULY
CELEBRATION.
MICC Meeting Date: June 3, 2002
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and Community
Services Department
Synopsis of Previous Council Action:
Mayor and Council approved the 4th of July celebration and funding in the 2001-2002 City
Budget.
Recommended Motion:
Adopt Resolution
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Sign ure{iJj)PlLq-~
Contact person: Tom Boggs
Phone: 384-5031
Supporting data attached: staff report. resa & agreement
Ward: City-wide
FUNDING REQUIREMENTS:
Amount: No city funds required.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. Sl3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution ofthe City of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to execute a contractual agreement with L.O. Productions to provide a carnival in
conjunction with the City's Annual Fourth of July Celebration.
Background:
This year will mark the 12th Annual Fourth of July Celebration sponsored by the City and this
Department at Seccombe Lake Park. This will be the fIrst year for a carnival to be a part of the
celebration. In addition to being here for the Fourth, the carnival will continue until July 7th at
10:00 p.m. This will allow the carnival to recoup the costs of operations for the one-day event
and guarantee the city its $3,000.
This company has performed in this area for many years. They are the carnival that has been
performing at the 9th and Waterman site on several occasions and they are the company that did
the carnival at Perris Hill Park for the San Bernardino School Alliance on 2 or 3 occasions.
We chose them because they were the only one of several contacts who would guarantee to pay
us $3,000 rather than us pay them to bring the rides. The other companies said they would pay a
percentage to us, but that would mean we would have to put one our people with them to protect
our interest. This way with L.O. Productions, we have someone who wanted to be a part of our
celebration, and pay us $3,000 up front and we get 25% of all advance ticket sales. It is a win-
win situation to us. We will receive 500 tickets to sell in advance at $10 each. We expect to sell
at least 300. Therefore, the amount we could earn on ticket sales is approximately $750 to
$1,250 if all 500 are sold.
Seccombe Lake Park is one of three sites approved by the Mayor and Council for holding such
carnivals, the other two being Nunez and Perris Hill Parks. Carnivals held at both Perris Hill and
Nunez by L. O. Productions have proven to be successful operations without any problems and
we anticipate that the one here at Seccombe Lake Park will also be successful and without
incident.
The Fourth of July Celebration has always been one of the City's most attended events averaging
15,000 in attendance each year.
Financial Impact:
No City funds are required for the operation of the Carnival. The City will receive $3,000 plus
25% of any advance ticket sales. Ticket sales of $750 to $1,250 will provide a total of
approximately $4,000 to help defray the costs of the celebration
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A
CONTRACTUAL AGREEMENT WITH L.O. PRODUCTIONS TO PROVIDE A
CARNIVAL IN CONJUNCTION WITH THE CITY'S ANNUAL FOURTH OF JULY
CELEBRATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
8 authorized to execute a Contractual Agreement with L.a. Productions to provide a carnival in
9 conjunction with the City's annual Fourth of July Celebration, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
II SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the Office of the City
13 Clerk within sixty (60) days following effective date of the Resolution.
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HTCljs [LOPRODUCTIONS.RES] I 12D<2-3
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6 thereof, held on the day of
7 COUNCIL MEMBERS: AYES NAYS
8 ESTRADA
9 LIEN
10 MCGINNIS
II DERRY
12 SUAREZ
13 ANDERSON
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
A CONTRACTUAL AGREEMENT WITH L.O. PRODUCTIONS TO PROVIDE A
CARNIVAL IN CONJUNCTION WITH THE CITY'S ANNUAL FOURTH OF JULY
CELEBRATION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetin
, 2002. by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is "hereby approved this
day of
,2002"
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F" PENMAN,
City Attorney
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HTC/j, [LOPRODUCTIONS"RESj
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CONTRACTUAL AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND L.O. PRODUCTIONS TO PROVIDE A CARNIVAL
THIS AGREEMENT is entered into this day of ,2002 by the Director of Parks,
Recreation and Community Services ("Director"), on behalf of the City of San Bernardino and L.O.
Productions, hereinafter referred to as "Contractor." The parties hereto agree as follows:
I. Contractor represents that it desires to and is capable of providing a Carnival for the 4th of
July Celebration described in Exhibit A hereto. City agrees to permit use of City facilities
to accomplish this purpose, in the locations specified, subject to the terms of this agreement.
2. Contractor agrees to provide a Carnival at times and on dates and at locations and subject to
the terms and provisions as specified in Exhibit A attached hereto and incorporated herein
in its entirety as if fully set forth. The purpose for specifying dates and times shall be to
coordinate the activities of Contractor with the City of San Bernardino 12th Annual 4th of
July Celebration.
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3. Contractor understands that City reserves the right to cancel this agreement at any time
should the facilities become unavailable due to fire, flood, or other casualty, and City shall
not be liable for compensation or damage to the Contractor for the remainder of this
agreement, should it be canceled for any such reason. Contractor agrees to provide Carnival
for the period of 4 days commencing and including July 4-7, 2002.
4.
This agreement shall be terminated on five (5) days notice at the discretion of the Director,
should the Contractor fail to fulfill requirements, as specified herein.
5.
City shall sponsor Carnival to be conducted by the Contractor and shall coordinate the use
of required facilities. Contractor shall be solely responsible for the safety, maintenance and
operation of all carnival events, including but not limited to the guiding of participants on
rides and games.
6.
INSURANCE REOUIREMENTS
Applicants shall procure and maintain in force during the term of this permit and any
extension thereof, at its expense, public liability insurance in companies and through brokers
approved by the City, adequate to protect against liability for damage claims through public
use of or arising out of accidents occurring in or around the premises, in a minimum amount
of $1,000,000. The City of San Bernardino. its elective and appointive boards.
commissions. officers. officials. attorneys. employees and agents shall be named as
additional insured in the policy.
The applicant's insurance will be primary to any coverage the City of San Bernardino may
have in effect. Such insurance policies shall provide coverage for the City's contingent
liability on such claims of losses resulting from activities of the permit. A certificate of
insurance evidencing such coverage shall be furnished to the Director of Parks, Recreation
and Community Services Department. Said certificate will further specify that said policy
will not be terminated or materially changed without ten days advance written notice to City.
HTC/js [CONTRACT.AGR]
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CONTRACTUAL AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND L.O. PRODUCTIONS TO PROVIDE A CARNIVAL
Failure to provide insurance as stated herein will be cause for immediate termination of this
permit.
In addition, all vendors and service providers shall provide Certificates of Insurance in the
amount of $1,000,000 with the City of San Bernardino. its elective and appointive
boards. commissions. officers. officials. attorneys. emplovees and agents named as
additional insured.
7. City agrees to provide adequate disposable bins, provide sites/facilities, presale tickets,
advertise event and provide administrative services. There will be a charge of $3,000.00
guarantee fee collected for these services for the 4 days commencing and including the days
of July 4-7,2002.
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A deposit of $1,500 and copies of all paid licenses and permits required to operate at location
specified must be paid by June 28, 2002. Final payment of $1 ,500 is due on Wednesday,
July 3, 2002.
The City shall receive from Contractor 25% ofthe total sales from all advance ticket sales,
whether sold by City or Contractor. Settlement of advance tickets sold shall be completed
and submitted for payment on Monday, July 8, 2002. No advance tickets shall be sold after
July 3, 2002.
Contractor shall acquire, repair, and maintain at its sole cost and expense such equipment as
Contractor needs for the conduct of the aforesaid services.
Contractor, in the conduct of the services contemplated hereunder, shall abide by all laws,
any ordinances of the City, and the general rules and regulations of the Parks, Recreation, and
Community Services Department of the City of San Bernardino relating to activities of the
type contemplated hereby.
10.
INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this
agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint ventures of one another. Contractor is not an employee of City and is not entith:d to
any of the rights, benefits, or privileges of the City employees including, but not limited to,
medical or worker's compensation insurance.
11.
Contractor shall hold harmless the City, its elective and appointive boards, commissions,
officers, officials, attorneys, employees and agents from any liability for damage or claims
for damage for personal injury, including death, as well as from claims for property. damage,
expense, including defense costs and legal fees, which may arise from Contractor's
operations under this agreement, whether such operations be by Contractor or by anyone or
more persons directly or indirectly employed by or acting as agent for Contractor. Contractor
shall defend (upon request by City), the City and its elective and appointive boards,
HTCljs [CONTRACTAGR]
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CONTRACTUAL AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND L.O. PRODUCTIONS TO PROVIDE A CARNIVAL
commissions, officers, officials, attorneys, employees and agents from any suits or actions
at law or in equity for damages caused, or alleged to have been caused, by reason of any of
Contractor's operations. The costs, salary and expenses of the City Attorney and members
of his office in enforcing this Contractual Agreement on behalf of the City shall be
considered as "defense costs and legal fees" for the purposes of this paragraph.
12. Contractor agrees that, during activities as described above, no person will be excluded from
participation in, denied the benefits of, or otherwise subjected to discrimination on the basis
of race, color, religion, national origin, age, sex, handicap, marital status, or any other basis
forbidden by law.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year
above written.
CONTRACTOR: L.O PRODUCTIONS
BUSINESS IDENTIFICATION #
Address: 11210 Hamal Avenue
Street
Mira Lorna. CA
City
91752
Zip Code
By:
CITY OF SAN BERNARDINO
By:
Director, Parks, Recreation and
Community Services
HTC/js [CONTRACT.AGR]
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EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
As part of the Public Park Use, the following represents an understanding between the City of San
Bernardino and L.O. Productions
(Applicant)
relating to the use of 7th & Sierra Parkin~ Lot Next To Restrooms
To Provide a Carnival as part ofthe Annual 4th of July Celebration during the period
(Purpose of Use)
July 4. 2002. 12 Noon
(Date and Hour)
to
July 7. 2002. 10:00 p.m.
(Date and Hour)
Contractor agrees to furnish QUALITY RIDES AND ATTRACTIONS.
A minimum of 12 Rides. 6 Maior Rides. 6 Kiddy Rides. 4 Food Booths - Candv Wagon and 1
Games of Skill.
C GENERATORS, CABLES, JUNCTION BOXES, TICKET BOXES, POWER HOOK-UP
AND SKILLED OPERATORS.
All requirements must be completed. Failure to complete any of the required conditions will
be cause for immediate termination of this permit.
PERMITS AND LICENSES
Applicant agrees to obtain all necessary permits and licenses required for the various activities and
events to be conducted throughout the period of use of the facility and to provide proof of same to
the Parks, Recreation and Community Services Department.
Following is a list of permits, licenses, and other requirements:
1. FIRE DEPARTMENT PERMIT - Apply for this at the City Fire Department, 200
East Third Street.
2. ENVIRONMENTAL HEALTH ITINERANT PERMIT - Apply for this at 385
North Arrowhead.
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BUSINESS LICENSE - This includes a Business License for each vendor and
service provider. Apply for this at the City Clerk's Office, 2nd Floor, City Hall, 300
North "D" Street.
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EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
fO USE PUBLIC PARK OR RECREATION FACILITY
:C LICENSE AND TEMPORARY SELLER'S PERMIT AND SALES USE
X RETURN - (For Alcohol Sales) Apply for this at the State Board of
Jalization Office, 303 West 3rd Street.
beverage use at any event on City property must be approved by the Director of
creation and Community Services Department. In addition, alcoholic beverage
, be approved by the City Police Department and an ABC License must be
All required fees must be paid and liabilitv insurance with liquor liability with the
1 Bernardino. its elective and ap-pointive boards. commissions. officers. officials.
employees and agents named as an additional insured in the policy must be in
. to issuance of permit.
It that alcoholic beverage sale and/or use is approved for this event, the applicant
the City of San Bernardino, its elective and appointive boards, commissions,
fficials, attorneys, employees and agents harmless from any potential liability
llting from the sale and/or use of alcoholic beverages on the facility premises.
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will strictly enforce all ABC laws with particular attention to the prohibition of
. use of alcohol by minors and by required proper identification when necessary.
:RMIT AUTHORIZING CARNIVAL AND OTHER OUTDOOR
HERT AINMENT - Apply for this at the City Police Department Vice and
rcotics Division, 710 North "D" Street.
ors will be in compliance with all Califomia State Division of Occupational Safety
1 policies dealing with carnival amusement rides and covered under law by Labor
tions 7900 through 7915. Ride vendors will comply with Police Department
or other City departments in the event of a malfunction of an amusement ride or
1t resulting in a patron injury or fatality, the ride vendor will immediately notify
Department and fully cooperate with the investigation.
EOUlREMENTS
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rocure and maintain in force during the term of this permit and any extension
'nse, public liability insurance in companies and through brokers approved by the
protect against liability for damage claims through public use of or arising out of
19 in or around the premises, in a minimum amount of $1 ,000,000. The City of
its elective and appointive boards. commissions. officers. officials, attorneys,
gents shall be named as additional insured in the policy.
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EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
The applicant's insurance will be primary to any coverage the City of San Bernardino may have in
effect. Such insurance policies shall provide coverage for the City's contingent liability on such
claims of losses resulting from activities of the permit. An appropriate certificate of insurance as
set forth in the contractual agreement shall be furnished to the Director of Parks, Recreation and
Community Services Department. Failure to provide insurance as stated herein will be cause for
immediate termination ofthis permit.
In addition, all vendors and service providers shall provide Certificates of Insurance in the amount
of $1,000,000 with the City of San Bernardino. its elective and appointive boards. commissions.
officers. officials. attorneys. employees and agents named as additional insured in the policy.
NOTE: WHEN ALCOHOLIC BEVERAGES ARE INVOLVED, LIQUOR LIABILITY
ENDORSEMENT OF $1,000,000 MUST ALSO BE INCLUDED IN THE INSURANCE.
BOND FOR DAMAGES AND OTHER UNFORSEEN COSTS
Applicant shall provide a damage bond in the amount of One Million Dollars ($1,000,000) to cover
potential damages to City property and equipment. which may occur and to recover other costs which
may accrue as a result of the scheduled activities.
USE OF AMPLIFIED SOUND OR PUBLIC ADDRESS SYSTEM
"Amplified sound" means speech or music, projected or transmitted by electronic equipment,
including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended
to increase the volume, range, distance, or intensity of speech or music and are powered by
electricity, battery or combustible fuel.
It is unlawful to cause the amplification of sound exceeding twenty-five watts total output from all
channels of equipment used except pursuant to an exclusive use permit issued under provisions of
City Municipal Code Chapter 12.80.130 and subject to the following conditions.
I. The location of any bandstand and the position of each loudspeaker shall be as
specified by the Director of Parks, Recreation and Community Services Department
so as to allow the least amount of amplified sound to be audible in any adjacent
residential neighborhoods.
2. Amplified sQund shall not exceed ninety-five decibels (dba) at a point fifty feet in
front of the center point of the distance between loudspeaker installations.
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EXHIBIT "A"
SPECIAL CONDITIONS OF PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
SECURITY AND CROWD CONTROL
Applicant will provide security and crowd control for the duration of the event. Upon the advice of
the Chief of Police, a requirement of one crowd monitor per fifty (50) persons expected to attend the
proposed activity may be imposed. A written duty schedule shall be provided to the Police
Departments and the Parks, Recreation and Community Services Department. The duty schedule
will provide the name, address, and telephone number for the individual responsible for security
along with the names and duty times for each individual working as crowd controller and/or
day/night security guard.
CLEANLINESS OF FACILITY AND CLEAN-UP BOND
Applicant will provide for continuous clean upon during the event. Applicant will make
arrangements with City Refuse Division for provision of trash bins and for the time the bins are to
be emptied. Applicant agrees to provide personnel to empty trash receptacles into the large trash
bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit of $5,000
C is required. The facility shall be cleaned by applicant immediately following the end of the event.
Cleaning Deposit shall be forfeited if, upon inspection by a Parks, Recreation and Community
Services Department representative, the facility has not been properly cleaned.
PARKING LOT RESTORATION
Applicant agrees to pay the cost of filling, compacting, and sealing of all holes made by applicant's
event in the parking lot areas.
EMERGENCY RESPONSE
Applicant agrees that in the event of an emergency response by City personnel as a result of
activities ofthe event (i.e:, plugged sewer lines, electrical failure, riots, mass arrests, major crime
responses, etc.) all salary and material costs associated with such response shall be borne by the
applicant.
CONTRACTUAL AGREEMENTS
Applicant shall furnish to the Parks, Recreation and Community Services Department a copy of
signed contracts between applicant and any vendors or other providers of services for the event.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 6, 2002
TO:
Tom Boggs
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-158
At the Mayor and Common Council meeting of June 3, 2002, the City of San Bernardino
adopted Resolution 2002-158 - Resolution authorizing the Mayor of the City of San Bernardino
or her designee to execute a contractual agreement with L.D. Productions to provide a carnival
in conjunction with the City's annual 4th of July Celebration.
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and authorization' will be null and void if not executed
with 60 days, or by August 2, 2002.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt ofthe above mentioned documents.
Signed~ ~Af
Date: 0- /;-!)~
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 6, 2002
TO:
Tom Boggs
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-158
At the Mayor and Common Council meeting of June 3, 2002, the City of San Bernardino
adopted Resolution 2002-158 - Resolution authorizing the Mayor of the City of San Bernardino
or her designee to execute a contractual agreement with L.a. Productions to provide a carnival
in conjunction with the City's annual 4th of July Celebration.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and authorization will be null and void ifnot executed
with 60 days, or by August 2, 2002.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
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Signed: (8-wt P>:tJ>
Date: _( h ( a _,J
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 22, 2002
TO:
Tom Boggs
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-158 - Agreement with L.a. Productions
Our office has not received the executed agreement with L.a. Productions for the carnival held
in conjunction with the 4th of July Celebration, which was approved at the Mayor and Common
Council meeting held on June 3, 2002. Please forward the executed agreement to the City
Clerk's office, to my attention, for our files.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): U -3- ().;;L Item # 023 Resolution #
Vote: Ayes I/:l, ~ ('I 1 Nays -h Abstain @
Change to motion to amend original documents:
.pax)- J~g
Absent 3, '-f
Reso. # On Attachments:
/
Contract term: -
NullNoid After: /00 c:fw.p ~:{, O:;r-
Note on Resolution of Attachment stored separately: _
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: & - S- 0/
Date of Mayor's Signature: 10, (p -o?
Date ofClerk/CDC Signature: Le '[p -07
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature:
2JMl3y Reminder Letter Sent o~day:
90 Day Reminder Letter Sent on 45th day:
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See Attached: Y Date Returned: $(~ d -CI .;J..
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 Perso,nnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes / No By_
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Yes NOf By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
City Attorney V
Parks & Rec.
Finance ~ MIS
Code Compliance
Dev. Services
EDA
Police
Public Services
Water
Others:
Notes:
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: M1
Date: ?(--\,-<:)o
Revised 01112/01