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CITY OF SAN BEI()ARDINO - REQUES100R COUNCIL ACTION
From:
Fred Wilson
Asst. City Administrator
Subject:
Authorize the utilization of City
forces and equipment; waiver of
costs incurred to assist Hispanic
Chamber of Commerce .in conduct of
16 of September celebration;
approval of agreement for $5000 in
Civ~c and Promot~onal tund~ng.
Dept:
Date:
August 21, 1991
Synopsis of Previous Council action:
4/15/91 Approved waiver of fees and use of City forces and equipment
for Cinco de Mayo celebration.
8/21/91 -- Ways and Means Committee recommended approval of utilization
of City forces and equipment; waiver of associated costs
in connection with 16th of September celebration; and
authorization of agreement for $5000 in civic and promotiona
funding to help defray the cost to the Hispanic Chamber in
the conduct of the event.
Recommended motion:
1. That utilization of City crews and equipment and City police personn
for assisting the Inland Empire Hispanic Chamber of Commerce in ..
the conduct of their 16 of September celebration at Nunez Park,
be approved.
2. That the expenses incurred by the use of City forces and equipment
and Police Dept. personnel in providing assistance to the Inland
Empire Hispanic Chamber of Commerce for the conduct of the their
" of Sept_er ce'ebration at Nom.a.:;:k~b. waived.
3. Adopt resolution. ~
Signature
Supporting data attached: yes
$14.852
Amount: $5.000
Phone: 5030
Ward: 1
to be absorbed by City departments.
from Civic & Promotional Fund
Contact person: Annie Ramos
FUNDING REQUIREMENTS:
Source: (Acct. No.l
S~"OB
001-091-~
Acct. Oescri tion
Finance:
Council Notes:
75-0262
Agenda Item No
g
CITY OF SAN BERt.'RDINO - REQUEST c::PR COUNCIL ACTION
STAFF REPORT
AUTHORIZATION TO UTILIZE CITY
FORCES AND EQUIPMENT, AND TO
WAIVE THE COSTS INCURRED
RELATIVE TO ASSISTING INLAND
EMPIRE HISPANIC CHAMBER OF
COMMERCE WITH THE 16TH OF
SEPTEMBER CELEBRATION AT
NUNEZ PARK.
The Inland Empire Hispanic Chamber of Commerce has requested
the use of Nunez Park for their annual 16th of September
celebration. The Chamber estimates that approximately 50,000
local area citizens attended the celebration in 1990.
The use of Nunez Park requires that equipment such as picnic
tables, trash cans, bleachers, barricades and other various
related items be added to the park. All this requires the
use of city forces. In addition, crowd and traffic control
during the festivities require additional man hours for the
Police Department and the event requires the use of ballfield
lights for security purposes.
The costs are:
Fees for equipment
and facilities:
Manpower costs for
Police and other
miscellaneous city
forces:
3,522
11,330
14,852
TOTAL
The Chamber has requested that the fees and manpower costs
incurred by the City for assisting in the celebration be
waived. The Chamber has been sponsoring this event for many
years and the city has assisted durinq all such events. This
activity has been extremely successful and beneficial in
promo~ing Hispanic history and culture in our City.
At their meeting of August 21, 1991, the Ways and Means Committee
recommended approval of the above requests. In addition, the
Committee recommended that an agreement be placed on the Council
Agenda for September 3 authorizing the expenditure of $5,000 in
civic and promotional funding to assist the Hispanic Chamber in
the conduct of their 16 of September celebration.
It is recommended that Mayor and Council approve the request for
utilization of City forces and equipment, waiver of attendant fees
and adoption of the agreement.
OARKS. RECREATION AND COMMUNITyOVICES
APPLICATION/PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
Name of organization:
Facility desired:
Nature of activity:
y- 2..-9/
EfvF (?{i/.//1t
Date of activity: Time of activity: AM/I'M to ~ft>M
qr; ,',. ~ /J,~"JJ!E
Estimate attendance: ~( -J( UJ Is activity open to public? j- Admission Fee/Collection: t!. v'"
Will activity require use or display of ve~les, equipment, signs, city ersonnel?
tP.- . I. f)
If yes, describe in detail: IJcd))cf}vt.ES J' C I
Will sound amplification or public address system be used? IF!" Time of day amplifier is to be used: /2 AM/PM to Iv AM/PM
(Section 12.80.130. City Municipal Code applies) . .
Applicant hereby eeknowledg.. that he/she has re.d, understends, .nd will comply with .11 provisions of Chapter 12,80. Municipal
Code. City of SIn Bernerdino, Cellforni. part.lnlng to use of P.rk.nd Recrutlon feeillti.... Applicent hereby .ssumes .11 responsibility
to leave arees in a nlet .nd cleen condition. Applicent Igrl" to hold harml... Ind Indemnify thl City of SIn Bernardino, Celifornia.
from Iny and all Ii.bility for Injury to persons or propeny occurring IS I r..ult of this ectlvity Ind agr_ to balilble to Slid City for
.ny .nd .11 dlmlge to Iny park, facility, building. pool. equlpmlnt, Ind furniture owned or controlled by City. which results from the
ectivltyor permittee or is caused by Iny paniclpant in Slid .ctivlty.
'NOTE: This permit Is subject to cancellltion by Iny Police Officer who determlnls violltlon of any provision of the City Municipal
Code.
CLEANING DEPOSIT: If are.lf.cility is not left in cleen condition.
the deposit sh.1I be forfeited.
G3
S;;: #d a;,SSC})YI/ if(2);/
City
Phone Number
,
AVAI LA8LE --t- YES _NO
SPECIAL CONDITIONS APPLY ..x YES _ NO
FEES/DEPOSIT (S) REQUIRED _ YES _NO
FEES RECEIVED BY
ON RECEIPT # BY
DEPOSIT (S) RECEIVED BY
DEPOSIT RETURNED TO DATE
o APPROVED 0 DISAPPROVED DATE
Director. Parks. Recreation & Community Services
DISTRI8UTION:
WHITE: APPLICANT
QREEN: FACILITV
CANARV: FIL.E
PINK: POLICE DEPT.
GOL.DENROD: DEPOSIT FIL.E
~~
8Aamkr /Y 801'1l/lU/'Ce
CA 92401
Dear Mayor and Council;
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J ul)02,-l-991
The Inland Empire Hispanic Chamber of Commerce request the use of Nunez Park, located 5th Street
and Medical Center Drive, for our September 16th celebration beginning Sept. 13, through Sept.15, 1991.
We also request permission for the sale of beer during that time frame.
The following activities will be held during the celebration.
CARNIVAL HOURS
FRIDAY - 5: 00
SAT. 12 : 00 -
SUN. 12:00 -
10:00 P.M.
10:00 P.M.
10:00 P.M.
ENTERTAINMENT HOURS
FRIDAY - 5:00 - 10:00 P.M.
SAT. 12:00 - 10:00 P.M.
SUN. 12:00 - 10:00 P.M.
FOOD HOURS
5:00 10:00 P.M.
12:00 - 10:00 P.M.
12:00 - 10:00 P.M.
BEER GARDENS
5:00 - 9:00 P.M.
12:00 - 9:00 P.M.
12:00 - 9:00 P.M.
A large bin will be located at the South of the park, including twenty-four trash cans and picnic tables.
As in past years, we will hire personnel to keep the restrooms clean and supplied, and provide for after
hours security. We will need the key to the Community Center facilities.
Thank you for your continued support.
si~cere, '
. / /~ '
':t~ <5D./!~
/
Alfred'S. Enciso
Co-Chairman
IEHCC
CC: Annie Ramos, Director Parks & Recreation Dept.
Daniel Robbins, Police Chief
William Wright, Fire Chief
Manual Moreno, Director of Public Services
P.O. Box 7300' 972 Mount Vernon Avenue' San Bernardino, CA 92411' (714) 888-2188
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pplicant:
Inland Empire Hispanic
Chamber of Commerce
Facility:
Nunez Park
Date of Use:
Sept. 13, 14, and
15, 1991
SPECIAL CONDITIONS OF PERMIT
As part of the Public Park Use permit, the following repre-
sents an understanding between the city of San Bernardino,
hereinafter referred to as city, and the Inland Empire Hispa-
nic Chamber of Commerce, herein after referred to as Chamber,
relating to the use of Nunez Park during the Cinco de Mayo
Celebration from September 13, 1991 through September 15,
1991. The Chamber will begin setting up for the fiesta on
September 11, 1991 and will be completing the clean-up
processes on September 16, 1991.
1. The Parks, Recreation and Community services
Department will provide on Thursday morning,
8:00am, September 12, 1991, additional seating for
700 people, 24 additional trash cans and 20
additional picnic tables and keys to electrical
panels. The Chamber shall supply the manpower for
set-up and take down. A responsible representative
of the Chamber shall be present at the time of
delivery and shall sign the Temporary Equipment Use
Receipt before items are unloaded by the Park
Staff.
Following the event, the Chamber shall take down
and assemble the equipment and panel keys for pick-
up by the city. pick-up shall be at 8:00am on
Monday morning, september 16, 1991, so as to
require the minimum amount of security time on the
part of the Chamber. A copy of the Temporary
Equipment Use Receipt, indicating the equipment
returned, will be given to the representative of
the Chamber at that time. Any shortages will be
the responsibility of the Chamber.
2. The Chamber will provide security for the event on
a 24-hour basis with a written duty schedule to be
provided to the parks, Recreation and community
Services Department and the city police Department
not later than September 9, 1991, together with the
name and telephone number of the Chamber represen-
tative responsible for security.
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SPECIAL CONDITIONS OF PERMIT
15 AUG 1991
Page 2
3. The Chamber will provide for continuous clean-up
during the event and will leave with the Department
a $500 cleaninq deposit not later than september 9,
1991. This deposit will be utilized to defer
potential extra manpower cost which may be required
if the park is not left in a clean and orderly
condition. Park must be cleaned by 12:00 noon on
september 16, 1991. The Area Park supervisor will
sign off the deposit upon satisfactory inspection
of the site.
(a) The city will provide trash cans and a large
bin for refuse for the event.
(b) The Chamber agrees to provide personnel to
empty 30-gallon capacity trash receptacles
into the trash bin provided by the Refuse
Division, prior to 1:00 pm, Saturday, Septem-
ber 14, 1991 at which time Refuse Division
will empty the large bin.
4. The police Department will prepare an operation
plan to provide police protection during the hours
of activities for participants of the celebration.
The staffing levels, shifts, and hours will be
determined by the Incident Commander for the event.
The staffing will be comprised of a combination of
regular police officers and reserve officers.
5. In the event of an emergency response by city
personnel as a result of the celebration, all
salary and material costs shall be borne by the
Chamber, i.e., plugged sewer lines, electrical
failure, riots, mass arrests, major crime
responses, etc.
6. All necessary permits and licenses required for the
various activities and events to be conducted
throughout the celebration, shall be the responsi-
bility of the Chamber to obtain 72 hours prior to
the commencement of the Festival. Proof of same
shall be provided to Parks, Recreation and Commun-
ity services Department by september 9, 1991.
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SPECIAL CONDITIONS OF PERMIT
15 AUG 1991
Page 3
7. The Chamber shall hold the City harmless from any
potential liability claims resulting from the sale
of alcoholic beverages on park premises.
8. The Chamber and its authorized beer merchants will
strictly enforce all ABC laws with particular
attention to selling beer to minors, selling beer
to intoxicated persons, and requiring proper
identification when necessary. All beer will be
served only in paper cups.
9. The live entertainment area will be designated as a
"beer garden" area during the hours of the
celebration. Beer purchased at the celebration
shall be consumed anywhere within the beer garden
area. The Chamber will post signs in both English
and spanish at all main entrances to the park that
patrons will not be allowed to enter the park with
any alcoholic beverages. The Chamber will also
provide signs in both English and spanish at the
entry way from the entertainment area to the
carnival area that no beer is allowed in the
carnival area. Trash receptacles will be placed by
these entrances to limit littering and to encourage
compliance.
10. The carnival activities to be conducted shall be
subject to the following conditions with documenta-
tion to be furnished to the Parks, Recreation and
Community services Department Administration Office
not later than september 9, 1991.
(a) Temporary Use Permit (Planning & Building Ser-
vices)
(b)
Proof of liability
Bernardino shall
insured.
insurance.
be named
The City of San
as additional
(c) Design layout of rides, booths, etc.
(d) If food is to be served, proof of health
certificate.
(e) Copy of Business and ABC Licenses permitting
beer sales.
(f) copy of Environmental Health
Itinerant Permit.
Department
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SPECIAL CONDITIONS OF PERMIT
15 AUG 1991
Page 4
(g) Copy of Fire Department Permit and
Inspection Report
Fire
(h) Copy of permit authorizing carnival and other
outdoor entertainment. outdoor entertainment,
i.e., food booths, game booths, entertainment
rides, must be approved by the police Depart-
ment (Vice and Narcotics Division). police
Department will determine fees and issue a
permit.
(i) Copy of city Business License permitting
carnival to operate in San Bernardino.
(j) Ride vendors will be in compliance with all
California State Division of Occupational
Safety and Health policies dealing with
carnival amusement rides and covered under law
by Labor Code Sections 7900 through 7915.
Ride vendors will comply with police Depart-
ment personnel or other City department
personnel requests to inspect their ride
permits. In the event of a malfunction of an
amusement ride or an accident resulting in a
patron injury or fatality, the ride vendor
will immediately notify the police personnel
on scene and fully cooperate with the invest-
igation.
11. Each night during the celebration, the following
schedule shall be adhered to:
(a) Beer sales shall terminate at 9:00 PM.
(b) Ticket sales for carnival
terminate at 9:30 PM.
rides shall
(c) All entertainment and carnival rides shall
terminate operations at 10:00 PM.
(d) Food sales shall terminate at 10:30 PM.
(e) The park shall be closed at 11:00 PM.
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SPECIAL CONDITIONS OF PERMIT
15 AUG 1991
Page 5
12. Chamber shall furnish to the Parks, Recreation and
Community services Department Administration Office
a copy of the signed contract between the Carnival
Operator and the Chamber along with a copy of
carnival Insurance with City of San Bernardino
named as additional insured not later than Septem-
ber 9, 1991.
13. Chamber shall provide a bond in the amount of
$2,000 to cover damages to city property and
equipment which may occur and to recover other
costs which may accrue as a result of the activi-
ties.
(SPECCONDOFPRMIT)
--",
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WORK SHEET FOR FEES/DEPOSITS/MI SC. COSTS
---- . -- -----
Equip/Facility/Service Unit Quantity unit Price Extension
Temoorarv Use Permit $ 256.00
Fire Permit 38.00
Refuse CharQes 215.00
10 sets of Bleachers 1.260.00
20 Picnic Tables 225.00
24 Trash Cans 60.00
Ballfield LiQhts 360.00
Community Center Rent 708.00
Park Use Fee 300.00
M1SC Manpower & Materlals from ther De ts. 2,100.00
Alcohol Waiver ." .' 100.00
pollce Manpower Costs 9,230.00
FI:~ES 1 M~c...-C.Qsts
Total:
$ 14,852.00
Type' Unit Quantity Unit price Extension Cash/ChecK
Clean-up $ 500.00
Damage Bond 2,000.00
DEPOSITS
Total:
$ 2,500.00
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City of San Bernardino
INTEROFFICE MEMORANDUM
9103-207
- ''-.' "
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-.
FROM:
SHAUNA CLARK, CITY ADMINISTRATOR
ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES
TO:
SUBJECT: COSTS FOR 16TH OF SEPTEMBER CELEBRATION AT NUNEZ
PARK
DATE:
AUGUST 15, 1991
COPIES:
-------------------------------------------------------------
The Inland Empire Hispanic Chamber of Commerce is
waiver of fees and use of city forces to conduct
of september celebration at Nunez Park. Following
involved for furnishing manpower, equipment and
for the celebration:
requesting
their 16th
are fees
facilities
Fees for Equipment and Facilities:
Temporary Use Permit
Fire Permit
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
$ 256.00
38.00
215.00
1,260.00
225.00
60.00
360.00
708.00
300.00
100.00
$ 3,522.00.
$ 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 16TH OF SEPTEMBER CELEBRATION
AUGUST 15, 1991
Page 3
AT NUNEZ PARK
summary of costs:
Total Fees
$ 3,522.00
9,230.00
2.100.00
$14,852.00
Fees
police manpower
Incidental
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.
~.i~~r
Parks, Recreation and
community Services
AFR:jf
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1 RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE HISPANIC CHAMBER OF COMMERCE
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
9 hereby authorized and directed to execute on behalf of said City
10 an Agreement with the Hispanic Chamber of Commerce, a copy of
11 which is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13
14 SECTION 2. The authorization to execute the above-
15 referenced agreement is rescinded if the parties to the
16 agreement fail to execute it within sixty (60) days of the
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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:
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RESOLUTION ~ORIZING AN AGREEMENT WITH TH~PANIC CHAMBER OF COMMERCE
FOR FINANCI~ASSISTANCE. -
Councilmembers
ABSTAIN
ABSENT
~
HAX.e.
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
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III
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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 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.
/ / /
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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 the 16th of September as more fully set forth in
the proposal submitted by organization.
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21 4. Accountina Organization shall provide the informat-
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23 form within 2Q days of the event or program completion and
24 forward completed form to the City Administrator Office for
25 review by the Ways and Means Committee. At such time or times
26 as may be requested by the City Administrator or Director of
27 Finance of City, Organization shall submit to the city
28 Administrator, with a copy to the Director of Finance, an
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 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, 1992 and any unexpended funds shall be
returned to the city by Organization.
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accountin~f the actual expenditurJ:)of 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 usedC:tr any purposes other that:>those
this Agreement.
authorized under
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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.
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&:)y shall be set forth as ~dditional named insured
in each policy of insurance provided hereunder.
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9. Organization hereby covenants that it has taken all
actions necessary to make the adherence to the obligations
a binding obligation
of the
imposed
by this agreement
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
Inland Empire Hispanic
Chamber of Commerce
P. O. Box 7300
San Bernardino, Ca 92411
This Agreement and any documents
11. Entire Aareement
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 WI~THE HISPANIC CHAMBER OF COMME~FOR FINANCIAL ASSISTANCE.
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5 ATTEST:
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7 Rachel Krasney
8 City Clerk
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10 Approved as to form
and legal content:
11 JAMES F. PENMAN
12 city Attorney
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
w. R. Holcomb, Mayor
city of San Bernardino