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HomeMy WebLinkAbout22-City Administrator " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Administrator 0,"" ~ IlL j {j. i ", . ; li l-j Subject: Resolution authorizing FY 02/03 civic and promotion funding to assist in the conduct of the 2nd Annual Jazz Festival at the Roosevelt Bowl. From: Fred Wilson City Administrator Date: October 9, 2002 Syuopsis of Previous Couucil Actiou: 9/17/01 Mayor and Council authorized $2,000 in civic and promotion funding for conduct of the 1 st Annual Jazz Festival at the Roosevelt Bowl. Recommended Motion: Adopt resolution. Contact person:Frpn Wil.nn phnnp'~l ?? Supporting data attached:Yes Ward: 2 FUNDING REQUIREMENTS: Amount: $3,356 direct Source: (Acct. No.) 001-091-5186 (A("("t nP.~r:ript;nn) ("lV;f' ~nr1 prnmntlnn Finance: Council Notes: ~ Joh7m'2:- 311 Agenda Item No. ~~ IOJJ-I/b~ r--n " , " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing agreement between the City of San Bernardino and "Friends of the San Bernardino City Parks" (Patrons of the Bowl) for civic and promotion funding in the amount of $3,356.00 from the FY 02/03 budget to assist with the conduct of their "2nd Annual Jazz Festival" on November 2, 2002. BACKGROUND: "Friends of the San Bernardino City Parks" (Patrons of the Bowl) is a non-profit organization dedicated to the promulgation of the Roosevelt Bowl, innovation of new culture and performances, enhancement of its current use and preservation for future generations. Mr. Mark Westwood, representing the organization, presented a proposal to the Ways and Means Committee at their October 9,2002 meeting in which he requested $3,356.00 from the City's civic and promotion fund to assist with the 2nd Annual Jazz Festival which is to be held at the Roosevelt Bowl at Perris Hill Park, on November 2, 2002. The jazz festival is a fundraiser to assist in the renovation of the Roosevelt Bowl. Additionally, the event is being conducted to help promote education, culture, music and activity in the city of San Bernardino. The event's coordinators are hoping to expand this year's event with performances by CSUSB, SBVC Kicks Jazz Band, the Mike Thomas Big Band, among others. Mr. Westwood has confirmed that all revenues derived from the event will be held by the Friends of the San Bernardino City Parks (Patrons ofthe Bowl) until said funds are spent on the renovation, As the Bowl is a fixture ofPerris Hill Park, its renovation will benefit the City facility. As such, the Director of Parks, Recreation and Community Services has waived the normal facility use fees, damage bond and clean up deposit for this event. Last year, the Mayor and Council authorized $2,000 from the civic and promotion fund to assist in the conduct of this event. Attached for your approval is the resolution and agreement authorizing civic and promotion funding from the FY02/03 budget recommended for approval by the Ways and Means Committee. FINANCIAL IMPACT: Included in the FY02/03 budget is $153,500 (Acct. #001-091-5186) in civic and promotion funds which are traditionally used to support events of common interest to the community. Attached is a matrix showing the two requests the City approval this year to-date as well as the actual expenditure report of civic and promotion expenses for year ending June 30, 2002. .' 3 g 0 0 c ~ ... .. 1i ~ III ,.; 0; " .. c ~ ~ LL .. .. " s c ! Cl C ~ 0 ~ " 88 00 00 .. U g~ 1;; . ON ~ lri-.i ll'ir..: . .. .. '" ~ C 0 ~ C 0 Z ~ ::l .. .. .. .. LL Z 0 g .. lE c 1l~ -1l 0 '6 '" c ~ .. Do ~ -" _'0 C LL :s .5 'ii .5 ~ ~ 1: ~ u 0 E :> - .~ .. c E U . ~ ~ ~ Jl ~ ~ .!l 0> .. ~ ~ -' C ~ 0 ~ E :; :; ::J .~ Jl E c .!l ~ .. ~ 1h 7i ~ 0 '" ;: '0 C ~ o ~ .5 !i. I .Q N N = ~ 0 0 E .5 0 0 g ~ q c .... 8lE ! ~ .. j:: j:: " ,0 CITY OF SAN BERNARDINO CIVIC & PROMOTIONAL EXPENSE YEAR ENDED JUNE 30. 2002 Qm! !!ll!!r!!;! Ilil!!!!i!! 4r....1 Ilil!!!!i!! 153.500.00 153.500.00 5B L1We League 5.000.00 148,500.00 5,000.00 148.500.00 5B UWe League 14.700.00 133,800.00 14,700.26 133.799.74 Salule To the Route 10,000.00 123,800.00 10,000.00 123.799.74 Friends of 5B ParKs Jazz 2,000.00 121.600.00 2,000.00 121,799.74 Black History Parade 4,500.00 117,300.00 4,500.00 117.299.74 Black History Parade 15.877.00 101,423.00 15.877.00 101.422.74 4th of July 52.000.00 49,423.00 46.747.35 54,67S-39 Red Ribbon Parade 7,251.00 42.172.00 7,251.00 47.424.39 McOonalds Csr Show 4.385.00 37.787.00 4,385.00 43.039.39 YMCA Chrisbnas Parade 2,587.00 35,200.00 2,587.00 40.452.39 Crown Fire Enthusiasts 3.534.00 31.666.00 3,534.00 38.918.39 Black History Parade 2,785.00 28.881.00 2.765.00 34.133.39 Cinco De Mayo 18.739.67 18.739.67 15,393.72 73.500.00 69.858.67 138.106.28 Open PO * 2.400.00 140,506.28 *to",eover remainder of costs for 4th July e 1 2 3 4 5 6 7 8 9 10 11 ]2 ]3 14 ]5 ]6 17 ]8 19 20 21 22 23 24 25 26 27 28 e e : ~ AV r;=:'\ \>/ :~ \I:d) ~ U l RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR CIVIC AND PROMOTION FUNDING FROM THE FY02/03 BUDGET TO ASSIST IN THE CONDUCT OF THEIR 2ND ANNUAL JAZZ FESTIVAL. 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 "Friends of the San Bernardino City Parks" organization for civic and promotion funding from the FY02/03 budget, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 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 adoption of this resolution. III /II III /1/ /1/ 1// III III 1/1 Ylo . Z2.- IO/ZJ/O e e 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN 1 BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR CIVIC AND PROMOTION FUNDING FROM THE FY02/03 BUDGET TO ASSIST IN 2 THE CONDUCT OF THEIR 2ND ANNUAL JAZZ FESTIVAL. 3 .. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 _day of , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK 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: By: AGREEMENT e Civic and Promotion Fnnd e e . e . AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FY02/03 CIVIC AND PROMOTION FUNDING 1 ASSISTANCE. 2 3 4 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 5 Paragraph 1 above. No deviation from these provisions shall be made without the express 6 7 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by Organization. All revenues generated by this event will be used solely for the purpose of 8 9 10 11 12 13 14 15 16 17 improvirig/renovating the Roosevelt Bowl at Perris Hill Park. 4. Accountability. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily trace the expenditure of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. At the conclusion of the 18 program, Organization shall present the City Administrator or his designee copies of all receipts 19 20 21 22 23 24 25 26 for expenditures connected with said program in the total amount of THREE THOUSAND THREE HUNDRED AND FIFTY DOLLARS ($3,356). 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, '~r losses, however occurring, or damages arising or growing out of the use or receipt 27 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 28 2 e e e 1 2 3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FY02/03 CIVIC AND PROMOTION FUNDING ASSISTANCE. made with the understanding that the City is not involved in the performance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of 4 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 5 for the purposes of this paragraph. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10 days prior written notice to the City. 7. Termination. City shall have the right to terminate this Agreement and any funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to Organization and this Agreement shall terminate ten days after the mailing of such notice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to City, and the Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this Agreement. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 3 . . e e e AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FYOZI03 CIVIC AND PROMOTION FUNDING 1 ASSISTANCE. make the adherence to the obligations imposed by this Agreement a binding obligation of the 2 3 Organization. .. 5 9. Notices. All notices herein required shall be in writing and delivered in person or 6 sent by certified mail, postage prepaid, addressed as follows: 7 8 9 10 11 As to City: As to Organization: City of San Bernardino FRIENDS OF SAN BERNARDINO CITY PARKS 300 North "D" Street 547 North Sierra Way San Bernardino, CA 92418 San Bernardino, CA 92410 Attn: Mark Westwood e AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FYOZI03 CIVIC AND PROMOTION FUNDING 1 ASSISTANCE. 2 3 4 10. Entire Agreement. This Agreement and any documents or instruments attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 7 of conflict between the terms, conditions or provisions of this Agreement, and any such 8 9 10 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 e 11 first above shown. 12 13 14 15 16 17 ATTEST: 18 19 By: City Clerk 20 Approved as to form 21 And legal content: 22 23 24 By: 25 26 27 28 CITY OF SAN BERNARDINO By. Judith Valles, Mayor e FRIENDS OF SAN BERNARDINO CITY PARKS By. Mark Westwood 5 . . e SAN BERNARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Name of Organization Friends of the Park (Patrons of the Bowl Address 547 N. Sierra Way, San Bernardino, CA PhonelFAX Contact Person 909 384-5032 Mark Designation of 50 I c (3) non-profit status of Organization (Attached: Y es ~ No-> Phone/F AX 909 8 Date of Event November 2, 2002 Purpose of Funding to assist in fundraiser to Location Perris Hill P Estimated No. of Attendees renovate Rooseve PROPOSED CURRENT BUDGET A. REVENUES: (List all anticinated revenues other than City of San Bernardino) AMOUNT TOTAL Sponsorshios _trations Promotions proposed t~cket sales (300) $ 3,000 venaor rentaL tees (proposed) (10) 500 Donations In Kind Services (Other than City Services) Total Dollar Amount ReQuested ofCitv 3,356 A. TOTAL PROPOSED REVENUES $6,856 e . , NAME OF ORGANIZATION: Friends of the Bowl (Patrons of the Bowl) REQUEST FOR CIVIC AND PROMOTION FUNDING e PROPOSED CURRENT BUDGET (PART II) B. EXPENDITURES: (Include all known direct expenses connect with event) EXPENSES AMOUNT TOTAL Personnel/Salaries musJ.caTTa-renl: 1,200 Permits Fire Bus. Lie. ABC Other Insurance City of SB Attached (Yes No v ) Park Damal!e Bond fee waived. city facilitv Park Clean Up DepositlDamal!e Bond fee waived, city Security facLnty S.B.P.D Private Security 150 Other Advertisinl! 600 Radio Newspaper - Banners FIvers Other Entertainment Music Sound Svstem 400 Other pJ.ano rental -zsu- Promotional Items Trophies Plaques T-Shirts Other Sanitation 1IIJ."'''' -rzu- Portable Restrooms SDecial Events Banquet Facilities Parade Other meals, refreshments 636 B. TOTAL PROPOSED EXPENDITURES $3,356 Summary: e A. Total Revenues - B. Total Expenditures = $ 6.856 C. Total Amount Requested from City $ 3,356 $ 3,356 $ 3,500 e e e . , 10-10-2002 1 ' INTERNAL !aVENUE SERVICE P. O. BOX :2508 CINCINNATI. OR .SlOl D!:PAJl.'I'MENT OF TIIS TREAS1lllY Date, NOY 0 7 llJOO Employer Iden~itieation Number, 33-0644692 OW, 1705328172'040 Contact Person, FRANCIS ! BERNHARDT 1D8 31258 Contact Telephone Number: (877) 829-5500 Our Le~ter Oa~.d: FEBRUARY IUS AddendUlll Applies: NO PUI!NOS OF SAN BSRNAJWINO CITY PARKS 547 N'SIERRA WAY SAN BERNARDINO, C~ 91410 Dear Applican~' This modifies our le~~er of ~he above da~e in which we sta~ed ~ha~ you would be treated as an organization tha~ i. not a private toanda~ion until the expiration of your advance ruling period. Your exempt status under section 501 (a) of the Internal Revenue Code .. an organization described in.section 501(c) (3) is still in effect. Based on the information you submitted, we have determined. that you are not a private foundation within the meaning of section 50'(alof the Code because you are an or9~~ization of ~he type described in &ee~ion SO'(a) (1) and 170(bl II) (A) (vi). Grantors and contributors may rely on this determination unless ~he Internal Revenue Service publishes' notice to the contrary. However, if you lose your section 509(al (1) status. a grantor'o~ contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part ot the organi~ation that resulted in your loss of such .~atus, or if he or she acquired knowledge that ~he tnternal Revenue Service had given notice that you would no longer be claasified as a section.509(al (1) organi:ation. You are required to make your annual information return, Form 990 o~ For~ 990-SZ. available for public inspection for ~hree years after the later of the due date of the return or the date the ~eturn is filed. You are also required to make available for public inspection your exemption application, any supporting coeaments, and your exemption letter. Copies ot these' documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copyin9 and postage. You may fulfill this requirement by. placing these documents on the Internet. Penal~i.s may be imposed for failure to c~ly with these requirements. Additional information i. available in Publication 557, Tax-Exempt .Status for Your Organization, or you may call our toll free number shown above. If we have indicated in the headin9 of this letter that an addenduM applies, the addendum enclosed is an integral part of this letter. Letter 10S0 (OO/CG) " ,.. UC~UI.}CL :I, ~UU'" . . Proposal e 2nd Annual San Bernardino Jazz Festival I. Introduction This is a request for some limited funding ($2,000. to $3,500.) from the City of San Bernardino to help supplement and offset some of the utility costs incurred from the staging of the 2nd Annual San Bernardino Jazz Festival on Saturday, November 2, 2004. The Jazz Festival is being put together by the Patront: f?fthe Roosevelt Buwl, with the approval and endorsement of the San Bernardino Parks and Recreation Department. ' The primary coordinator of this event and Patrons of Roosevelt Bowl is 2nd Ward Parks, Recreation, and Community Services Commissioner Mark Westwood. This proposal will discuss the current state, and existence of the bowl, and also the Jazz Festival itself e The Goals and purposes of the festival; . Draw attention, and raise funds for the renovation of Roosevelt Bowl, also known as Perris Hill Bowl in San Bernardino. . To help Promote Education, Culture, Music and the Arts as well as create activity in San Bernardino. . For the enjoyment and entertainment of the citizens of San Bernardino. . To add another community activity that enhances the overall image ofthe city. Last years Jazz Festival was a wonderful event, and enjoyed by many students, our seniors, and of course the over all general population as a whole. This year another great slate of performers have volunteered to perform. It is our hope that we are beginning another great annual event in San Bernardino. This year we are hoping to expand the festival, Therefore there is a need for a slightly larger revenue source. Again, many area Collegiate and semi-professional musicians in support of this cause are donating the majority of entertainment at the festival Some of the groups performing are CSU San Bernardino, San Bernardino Valley College Kicks Jazz Band, The Mike Thomas Big Band, Slide Area, Sweet Silver, The Versatles, and tfle Mainstreet Jazz Band. , e .0' Note: In the spirit of'lood hospitality to these musicians. some who do not live in San Bernardino. we should at the very least offer them some food and a soft drink while they are donating their time. ~. e Through the expansion, we hope to make it a revenue generating event as well with the addition of professional performers. The daytime performances in the park are open and free of charge, but we are also hoping to add a night performance with ticket generated revenue. . We have secured a tentative agreement with two rising entertainment artists. LA Jazz Vocalist Chris Williams and the Jeff Barash Quartet. Both Chris and Jeff have new albums being released and are being aired on Southern California Radio Stations. It has been determined that in order to conduct a truly quality event for our community, that some investment should be made to cover some minor utility costs. Some of those costs are Entertainment, Security, postage, flyers, a small amount of advertising, printing, sound equipment rental, and a meal/drink for those who perform, and donate their talents to this worthy cause. These costs are detailed at the end of this proposal. II. Background e Patrons of the Bowl is a fledgling group of people concerned with the propagation of Roosevelt Bowl. The groups only purpose is to help propagate the bowl, innovate new culture and performances, enhance its current use, and preserve the bowl for future generations. The Jazz Festival, now in its second year, serves a three-fold purpose in innovating new performances, creating a higher profile for the bowl, and fundraising for its future uses. Roosevelt Bowl is a citywide asset that benefits everyone. The 1800 seat bowl was built in 1934 by the members of the Board of Water Commissioners as part ofa flood control project, and the CW A, or Federal Civil Works Authority in cooperation with city of San Bernardino. The Bowl has remained mostly unchanged since that era with the exception of aluminum bleacher type seating nearly 2S years ago, and the addition of a concrete stage in 1982 after the wooden stage burned in an arson fire. Roosevelt Bowl is now 68 years old. It is in need of some very basis additions that could make a useful and economy generating venue to the city, its residents, and area merchants. . /' ;...~' e e The 2nd Annual Jazz Festival is a good place to keep the momentum rolling, and like every garden, you must seed, water and cultivate it to keep it alive and healthy. This is a most worthy cause not only for its recreation and enjoyment, . but for its possibilities to create a little better life in San Bernardino. IV. Funds The Following requests are hearby submitted for your consideration. Some help in whole or in part is greatly appreciated. Chris Williams and his Band J eft' Barash Quartet Sound Equipment Rental Piano Rental Postage, Printing for Direct Mail Advertising MealslDrinks for Performers 3 Big Bands with 19 musicians (57) 4 combos etc with approx. (20) Volunteer Help - (15) (Total Meals = 92 @ $8.00 each) Utilitv $600.00 $600.00 $400.00 $250.00 Extended $600.00 $736.00 e Security Set-uplBreak Down Labor (2 people) Totals $150.00 $120.00 . ($2,000.00) + ($1,456.00) = $3,356.00 V. Conclusion Many communities have bustling performance centers and venues. The city of . Redlands is a good example of this with their summer concert series. These events all take place free of charge to the public. They receive city funding, and have over 1000 private donors as well. In the last three months they have staged two concerts a week featuring well known and national performers. These concerts have been well received and well attended. San Bernardino should have no less. Since the demise ofthe Swing Auditorium, and the decay of the bowl, the opportunities to enjoy a concert in the City. of San Bernardino under the stars, or a late fall performance are growing more rare each year. This small reqnest is a good start. .,"1" , ;;f-. e . . J ELL/) b EI 2001 Actual Costs 1st Annual SB Jazz Festival e Vendor Service Cost Receipt No. Postage--paid back to FOSB.P Postage $227.18 XX Check Express Print & Mail Donated Banner $0.00 ($296.70) 1 Express Print & Mail Banner-Paid $182.75 2 Personal Protective Services Security Guard $100.00 3 Daniel Coyaso General Laborllitter $25.00 4 Donald Orantes General Laborllitter $25.00 5 EZ Shelter Rentals 5 EZ up Shade Shelters $100.00 6 Paul Rodriquez Catering Food For Musicians (Deposit) $250.00 7 Paul Rodriquez Catering Food For Musicians (Balance) $820.00 8 Paul Rodriquez Catering Beverages for Help/Musicians $100.00 9 SBVC Fortissimo Club Sodas/Donation for Help $120.00 10 Balloons Plus (Gas&Streamers) Balloons for Decoration $46.17 11 Kinkos Mise Printing $2.06 '12 L & N 99 Cent Store Poster Board $0.99 13 L & N 99 Cent Store Bungee Cords/Mise Items $7.06 14 Luigi's 99 Cent Store Misc. ItemslTape Pens etc $13.07 15 SUB TOTAL Actual Reciepts $2.019.28 (Actual $$J So Cal Piano Movers Provided by Liers Music Donated $250.00 Dave Gianmarco Sound -Negotiated No Pay ($350.00) -(equip. didn't work) Total with Donations Liers Music $2,269.28 ($250.00) Total with Donations Espress Printing $2,315.98 ($296.70) e Total with Sound Discount D. Gianmarco/L. Anderson $2,369.28 ($350.00) (Grand Total) Cash, Doantions & Discount speculative only $2915.98) .f" ;v,. e . . e ROO S E. VEL T BOWL z-Nl A.., 1.,1 San Bar Jazz f: nardino estival Day FestivaJ- Free Event Tickets SlO.OO info @ 909.384.5032 November 2nd, 2002 llam-9pm e With Performances by.... esu Saa Bernardino SBVe Kieks Big Baad Mike Tho.as Big B_d Slide Area Sweat Silver The Versa';les &:.ore...... ;;1- PERRIS e FEATURING... JAZZ VOCALIST CHRIS WILLIAMS www.ChrisW'illiaas_1I8ic.eo_ Also featuring The Jeff Barash quartet HILL PARK e e e ~ AGREEMENT 2 3 4 5 Civic and Promotion Fund This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and "FRIENDS OF SAN BERNARDINO CITY 6 PARKS", a non-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. '1':- ::1' e 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 e 28 e AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FY02/03 CIVIC AND PROMOTION FUNDING 1 ASSISTANCE. 2 3 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 4 5 Paragraph I above. No deviation from these provisions shall be made without the express 6 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 7 8 Organization. All revenues generated by this event will be used solely for the purpose of improvirig/renovating the Roosevelt Bowl at Perris Hill Park. 9 10 4. Accountability. 11 Financial records shall be maintained in accordance with generally 12 accepted accounting principles by Organization in such manner as to permit City to easily trace the expenditure of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. At the conclusion of the program, Organization shall present the City Administrator or his designee copies of all receipts for expenditures connected with said program in the total amount of THREE THOUSAND THREE HUNDRED AND FIFTY DOLLARS ($3,356). 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), S~i!s/or losses, however occurring, or damages arising or growing out of the use or receipt ofthe funds paid hereunder and all operations under this Agreement. Payments hereunder are 2 . . e e e 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 "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FYOZI03 CIVIC AND PROMOTION FUNDING ASSISTANCE. made with the understanding that the City is not involved in the performance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City sha1l 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 additiona1ly 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 sha1l not be terminated or materially altered without 10 days prior written notice to the City. 7. Termination. City shall have the right to terminate this Agreement and any funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to Organization and this Agreement shall terminate ten days after the mailing of such notice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to City, and the Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this Agreement. 8.' 1\uthorization to Execute. :il Organization hereby covenants that it has taken all actions necessary to 3 . . e e e 4 5 9. Notices. All notices herein required shall be in writing and delivered in person or 6 sent by certified mail, postage prepaid, addressed as follows: 7 8 9 10 11 As to City: As to Organization: City of San Bernardino FRIENDS OF SAN BERNARDINO CITY PARKS 300 North "D" Street 547 North Sierra Way San Bernardino, CA 92418 San Bernardino, CA 92410 Attn: Mark Westwood . . e e e AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "FRIENDS OF THE SAN BERNARDINO CITY PARKS" FOR FYOZI03 CIVIC AND PROMOTION FUNDING 1 ASSISTANCE. 2 3 4 10. Entire Agreement. This Agreement and any docwnents or instrwnents attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 7 of conflict between the terms, conditions or provisions of this Agreement, and any such 8 docwnent or instrument, the terms and conditions of this Agreement shall prevail. 9 10 11 12 13 14 15 16 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 FRIENDS OF SAN BERNARDINO CITY PARKS By. 17 18 By: 19 20 Mark Westwood ATTEST: City Clerk Approved as to form 21 And legal content: 22 James F. Penman City Attorney 23 24 By: 25 26 27 28 ./ 5 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.lls ~ October 29, 2002 Mr. Mark Westwood Friends of San Bernardino City Parks 547 North Sierra Way San Bernardino, CA 92410 Dear Mr. Westwood, At the Mayor and Common Council meeting of October 21, 2002, the City of San Bernardino adopted Resolution 2002-341 - Resolution authorizing an agreement between the City of San Bernardino and "Friends of the San Bernardino City Parks" For Civic and Promotion funding from the FY 02/03 budget to assist in the conduct of their 2nd Annual Jazz Festival. Enclosed is one (1) agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised tbat tbe resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by December 20, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, J)L/c.idl<- ~. 6- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty December 9, 2002 Mr. Mark Westwood Friends of San Bernardino City Parks 547 North Sierra Way San Bernardino, CA 92410 RE: 2nd Annual Jazz Festival Dear Mr. Westwood, At the Mayor and Common Council meeting of October 21, 2002, the City of San Bernardino adopted Resolution 2002-341 - Resolution authorizing an agreement between the City of San Bernardino and "Friends of the San Bernardino City Parks" for Civic and Promotion funding from the FY 02/03 budget to assist in the conduct of their 2nd Annual Jazz Festival. On October 29,2002, one (I) original agreement was sent to you for signatures, with the request that the executed original be returned to my attention. If the agreement has been signed, please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by December 20, 2002. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, Michelle Taylor Senior Secretary '. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.d.san-bernardino.ca.lls ~ January 8, 2003 Mr. Mark Westwood 1670 N. Lugo Avenue San Bernardino, CA 92404 RE: 2nd Annual Jazz Festival Dear Mr. Westwood, Per our phone conversation, I have enclosed a copy of the agreement for civic and promotion funding for the 2nd Annual Jazz Festival. Please sign the agreement in blne ink and return it to the City Clerk's Office, to my attention. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you! :.;}(' c i.J. L.... c/~) (f"- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty Taylor Mi From: Sent: To: Subject: Sutherland _ Li Monday, December 23,200212:09 PM Taylor_Mi Reso #2002-341 Mark Westwood called today and said he couldn't find the agreement, but he thought he had already turned it in upstairs. He said he couldn't come in today, but maybe after Christmas on Thursday or Friday. His home phone # is 909-883-1304. J;:nda _~<t/'erfand City of San Bernardino City Clerk's Office (909) 384-5002 sutherland li@sbcity.org \(,,'\0 N. LU(;,,,, i'nJE.. 'SP~\ <-1')1\0<.\ 1 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 22, 2003 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-341 - Friends of San Bernardino City Parks CC: Attached is a fully executed copy of the agreement with Friends of San Bernardino City Parks for civic and promotion funding from the FY 02/03 budget to assist in the conduct of their 2nd Annual Jazz Festival. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. , . 1 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10-2\-02- Item # Vote: Ayes 11 ~ -'j Nays kr Change to motion to amend original documents: - '2 1- Resolution # ZOO Z - 3"\ ) Abstain -e- Absent ?- Reso. # On Attachments: ~ Contract term: - NulllVoid After: 100 D~ J 12- ZO-u"L. Note on Resolution of Attachment stored separately: --=- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By: - Date Sent to Mayor: JO - z.?::> -0 L- Date of Mayor's Signature: IO-Z.3-o:;;) Date ofClerk/CDC Signature: 1<:)-;;;2 4-0..)-- Reso. Log Updated: ,/ Seal Impressed: v'" Date Memo/Letter Sent for Signature: llRDay Reminder Letter Sent on'3lllb day: 90 Day Reminder Letter Sent on 45th day: I () -?'1- C) ;y 12-'i-o-L- See Attached: ./ Date Returned: See Attached: .../ See Attached: I - :)d-'-03 Request for Council Action & Staff Report Attached: Yes w/ Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By No ~ By No 1 By No ~.. By No..L B Copies Distributed to: City Attorney -./ Parks & Rec. Code Compliance Dev. Services Police Public Services Water EDA Finance ,/ Others: MrfH () . MIS 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: rYl-l Date: 1-0/-03 Revised 01/12/01