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CIT~ OF SAN BERADINO - REQUEST .QR COUNCIL ACTION
From: FRED WILSON
As~istant City Administrator
Su~~: Request for funding -- Cinco de
Mayo Celebration -- Hispanic
Chamber of Commerce
Dept:
OM': March 26, 1991
Synopsis of Previous Council ~ion:
3/25/91 -- Ways and Means Committee reco~ended approval of $5,000 to
the Hispanic Chamber of Commerce from FY 90/91 Civic and
Promotional funds.
Recommended motion:
1. Adopt resolution.
2. That utilization of City crews, City equipment and City Police
personnel for assistance to the Hispanic Chamber of Commerce in
their Cinco de Mayo Fiesta at Nunez Park be authorized; and that
the expenses incurred by the use of Ci~t for s, equipment and
Police personnel be waived. _~_____
Signature
Con~ person:
Fred Wilson
Phone: 5122
Supporting dete ettached: yes
Ward:
FUNDING REQUIREMENTS:
Amount:
5,000
Source: (Acct. No.!
(($/- 01/- S~6CJ'8
(Acct. Descriotionl
Hmf:::ce: 17Z7~~~O~
Council Notes:
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CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION
STAFF REPORT
The Inland Empire Hispanic Chamber of Commerce submitted a
request for funding in the amount of $30,000 for support of
the festivities connected with this year's Cinco de Mayo
celebration at Nunez Park and the 16 de septiembre
celebration.
The Council Ways and Means Committee met on March 25th to
consider this request. The Committee recommended the Funding
Request be approved in the amount of $5,000 for the cinco de
Mayo event from FY 90/91 civic and promotion funds and
deferred the second part of the request for funding for 16 de
septiembre until after July 1st at which time it will be
considered for funding from FY 91/92 budget.
In addition, for the Cinco de Mayo event, the Hispanic
Chamber requested a waiver of fees and use of City
facilities, manpower, and equipment in connection with the
event.
A summary of the costs include:
Fees for equipment and facilities
Police manpower
Incidental (hours, equipment
materials)
$ 3,228.
9,230.
Total
2.100.
$14,558.
The Committee recommended the request for waiver of fees and
attendant costs for the Cinco de Mayo celebration be
a pro d.
RED WILSON
Assistant City Administrator
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE
CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1990-91.
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
9 hereby authorized and directed to execute on behalf of said City
10 an Agreement
with the Inland Empire Hispanic Chamber of
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Commerce, 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-
16 referenced agreement is rescinded
if the parties to the
17 agreement fail to execute it within sixty (60) days of the
18 passage of this resolution.
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20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a
23 day of
24 to wit:
meeting thereon, held on the
, 1990, by the following vote,
25 IIIII
26 IIIII
27 IIIII
28 IIIII
, ^ In., Inn
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF ~AGREEMENT WITH THE INLAN~MPIRE HISPANIC
CHAMBER OF CO~RCE RELATING TO FINANCI~SSISTANCE FROM
THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1990-91.
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COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
The foregoing resolution is hereby approved this
day of
, 1990.
W. R. HOLCOMB, MAYOR
city of San Bernardino
Approved as to form
22 and legal content:
23 JAMES F. PENMAN
City Attorney
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;4:
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10/03/90
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AGREEMENT
Civic and Promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, a non-profit
organization, referred to as "Organization".
The parties agree as follows:
1. Recitals
A. organization has requested financial assistance
from City for the fiscal year 1990-91, in order to assist in
defraying the expense of certain events or activitives sponsored
by organization as set forth in organization's Request for
Funding proposal (hereinafter "the proposal") recommended for
approval by the Ways and Means committee of the city, a copy of
which proposal is on file in the Office of the City
Administrator. The terms of the proposal are incorporated
herein by reference and shall govern the uses of the funds
provided herein. The financial assistance provided for in this
agreement is made on a one-time basis, and receipt of said funds
shall not imply a continuing obligation of the City beyond the
terms of this Agreement.
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B. The expenditure is for a valid municipal public
purpose, to wit: for the promotion of the Hispanic Community's
celebration of Cinco de Mayo, as more fully set forth in the
proposal submitted by organization.
2. pavment Upon presentation of a claim to the city
Finance Director, city shall pay to Organization from the budget
for the 1990-91 fiscal year, the total sum of five thousand
dollars ($5,000) to cover the costs per the Request for Funding
application agreement.
3. Use of Funds The funds paid to organization shall
be used solely for the purposes set forth in paragraph 1 and in
strict compliance with the provisions set forth in the proposal.
No deviation from the proposal shall be made without the express
approval of the City of San Bernardino. Said funds shall be
expended by June 30, 1991 and any unexpended funds shall be
returned to the city by organization.
4. Accountinq organization shall provide the informat-
ion listed under the Actual Column on the Request for Funding
form within 60 days of the event or program completion and
forward completed form to the City Administrator Office for
review by the Ways and Means committee. At such time or times
as may be requested by the city Administrator or Director of
Finance of City, organization shall submit to the City
Administrator, with a copy to the Director of Finance, an
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accounting oc:lhe actual expenditures C:>all revenues accruing
to the organization for the fiscal year ending June 30, 1991.
Financial records shall be maintained in accordance with
generally accepted accounting principles by Organization in such
a manner as to permit City to easily trace the expenditures 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.
5. Hold Harmless Organization covenants and agrees to
defend, indemnify, and hold harmless the city and its 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. payments
hereunder are made with the understanding that the city is not
involved in the performance of services or other activities of
organization. organization and its employees and agents are
independent contractors and are not employees or agents of the
city in performing said services.
6. 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. In addition,
organization shall reimburse to city any funds expended which
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were used ~
this Agreement.
purposes other thaA:)bose authorized
under
any
est in
city.
7. Assianment
this Agreement
organization shall not assign its inter-
without the prior written approval of
8. Insurance Organization shall take out and maintain
during the life of this Agreement such public liability and
property damage insurance as shall insure city, its elective and
appointive boards, commissions, officers, agents and employees,
permittee and its agents performing acts covered by this
Agreement from claims for damages for personal injury, including
death, as well as from claims for property damage which may
arise from organization's or its agents' operations hereunder,
whether such operations be by organization or its agents or by
anyone directly or indirectly employed by either Organization or
its agents, and the amounts of such insurance shall be as
follows:
(a) Public Liability Insurance. In an amount not less
than $100,000 for injuries, including, but not limited to,
death, to anyone person and, subject to the same limit for each
person, in an amount not less than $100,000 on account of any
one occurrence;
(b) Property Damage Insurance. In an amount of not
less than $50,000 for damage to the property of each person on
account of anyone occurrence.
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cit~hall be set forth as an~ditional named insured
in each policy of insurance provided hereunder.
9. Organization hereby covenants that it has taken all
actions
to make the
adherence to the obligations
necessary
imposed
by this
agreement a
binding
obligation of the
organization.
10. 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
Inland Empire Hispanic
Chamber of Commerce
P. O. Box 7300
San Bernardino, Ca 92411
11. Entire Aareement
This Agreement and any documents
or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental hereto,
and supersede all negotiations and prior writing 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.
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AGREEMENT WIi:)INLAND EMPIRE HISPANIC C~ER OF COMMERCE
FOR THE PROMOTION OF ARTS AND CULTURE.
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CITY OF SAN BERNARDINO, a
Municipal corporation of
state of california
ATTEST:
W. R. Holcomb, Mayor
City of San Bernardino
Rachel Krasney
City Clerk
Approved as to form
and legal content:
INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE
JAMES F. PENMAN
8 City Attorney
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President
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city of San Bernardino
INTEROFFICE MEMORANDUM
9103-207
TO: SHAUNA EDWINS, CITY ADMINISTRATOR
JL.
ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES
SUBJECT: COSTS FOR CINCO DE MAYO CELEBRATION AT NUNEZ PARK
FROM:
DATE: March 19, 1991
COPIES:
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The Inland Empire Hispanic Chamber of Commerce is requesting
waiver of fees and use of city forces to conduct their Cinco
de Mayo celebration at Nunez Park. Following are fees
involved for furnishing manpower, equipment and facilities
for the celebration:
Fees for EQUipment and Facilities:
Refuse charges for extra pick-up on Saturday
10 additional sets of bleachers
20 additional picnic tables
24 additional trash cans
Ballfield light charges
Use of Community Center Building
Park Use Fee ($100 per day)
Alcohol waiver Permit
Manpower costs for police Department
$ 215.00
1,260.00
225.00
60.00
360.00
708.00
300.00
100.00
$ 3,228.00
$ 9,230.00
The above costs are the primary additional costs involved
with this event. However, there are other incidental costs
for manpower and equipment use by Public Services Department
for barricades and refuse arrangements, Facilities Management
Department for checking and repairing any electrical ser-
vices, Fire Department for checking carnival equipment and
other equipment used in the festivities and this department
for arranging and re-arranging facilities and schedules to
provide for use of Nunez by the chamber. The services by all
these departments are necessary for preparing the facilities
for the festivities, but there is no fee structure for such
costs. It is estimated that the hours, equipment and mater-
ials involved would approximate an additional $2,100.
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INTEROFFICE MEMORANDUM: 9103-207
COSTS FOR CINCO DE MAYO CELEBRATION AT NUNEZ PARK
March 19, 1991
Page 2
summary of costs:
Fees
police manpower
Incidental
Total Fees
$ 3,228.00
9,230.00
2.100.00
$14,558.00
These costs compare to those waived in previous years and to
those waived for other cultural events such as the Black
History Parade and related activities.
tL:< 7: ~
Annie F. Ramos, Director
Parks, Recreation and
community Services
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