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HomeMy WebLinkAbout17-City Administrator C?ITY OF SAN BE~RbINO - REQUESTOOR COUNCIL ACTION Frgm: Fred Wilson Asst. City Administrator Dept: Administration Subject: Resolution authorizing an agreement with Roosevelt Bowl -- granting $10,000 from Civic & Promotional Fund. Date: August 23, 1991 Synopsis of Previous Council action: NONE Recommended motion: Adopt resolution. Signature Fred Wilson Phone: 5122 Contact person: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $10.000 S3<oz4> 001-091 S366! Source: (Acct. No.l IAcct. DescriDtion) Civic & Promotional Fund Finance: 17,12-;/ Council Notes: Agenda Item No /'7 ~ITY OF SAN BE~RDINO - REQUEST())R COUNCIL ACTION STAFF REPORT The requested funds will provide for continued programing at Roosevelt Bowl for the Indian Summer and Rites of spring musical entertainment series. The series has been successful in the past years with six (6) programs in the Indian Summer series in september-october 1990 and seven (7) programs in the Rites of spring series during May-June 1991, approxi- mately 3,000 people have attended during these past two series. Donations are received at each performance and it is anti- cipated that $1,710 will be received in the coming two series in Fall 1991 and spring 1992. The cost for facility operat- ion and maintenance and part-time staff is borne by the Parks, Recreation and Community Services Department Budget and the advertising is donated by the Sun as a co-sponsor of the events. with the acquisition of this funding, the series will not only continue but will grow and increase in value to the citizens as more exciting programs will be enticed with the community responding accordingly. 75.0264 ~ 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 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROOSEVELT BOWL RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991-92. 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 Roosevelt Bowl, 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 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 thereon, held on the , 1991, by the following vote, day of to wit: / / / / / / / / / / / / ~ 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 ~ORIZING AN AGREEMENT WITH ROOOLT BOWL RELATIVE TO FINANCIAL AS~TANCE. Councilmembers ~ ABSTAIN ABSENT ~ ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER CITY CLERK The foregoing resolution is hereby approved this day of , 1991. w. R. HOLCOMB, MAYOR City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney ~ -:; a-.~~ -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 o o AGREEMENT civic and Promotional THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the ROOSEVELT BOWL, 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 1991-92, 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. / / / / / / . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ ~ ~ 26 27 28 o o B. The expenditure is for a valid municipal public purpose, to wit: entertainment series of admission-free concerts for the community, 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 1991-92 fiscal year, the total sum of ten thousand dollars ($10,000) 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, 1992 and any unexpended funds shall be returned to the City by Organization. 4. Accountina Organization shall provide the informat- ion listed under the Actual Column on the Request for Funding form within 2Q 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 -2- ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ 24 ~ 26 27 28 accountinJC)f the actual expenditure(:)of all revenues accruing to the Organization for the fiscal year ending June 30, 1992. 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 -3- . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 ~ 26 27 28 were used~ any purposes otherthC:> those authorized under this Agreement. 7. Assianment est in this Agreement city. 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: (al 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; (bl 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. / / / -4- . .. 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 ~ shall be set forth as a~dditional named insured in each policy of insurance provided hereunder. 9. organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed this agreement a binding obligation of the by 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 "0" Street San Bernardino, Ca 92418 Roosevelt Bowl city of San Bernardino 547 N. Sierra Way San Bernardino, Ca 92410 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. / / / / / / / / / / / / / / / -5- AGREEMENT WOROOSEVELT BOWL RELATIVE TO FlOIAL ASSISTANCE. CITY OF SAN BERNARDINO, a Municipal Corporation of State of California W. R. Holcomb, Mayor City of San Bernardino