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HomeMy WebLinkAbout09-City Administrator -,. .CITY OF SAN BE.QARDINO - REQUES~OR COUNCIL ACTION From: Annie R. Ramos, Director Subject: AUTHORIZATION TO UTILIZE CITY FORCES AND EQUIPMENT, AND TO WAIVE THE COSTS INCURRED RELATIVE TO ASSISTING CASA RAMONA, INC., WITH THE 16TH OF SEPTEMBER CELEBRATION AT SECCOMBE LAKE PARK. Dept: Parks, Recreation & Community Services Date: August 22, 1991 Synopsis of Previous Council action: September 5, 1990 - Approved waiver of fees and use of City forces and equipment for the Fourth Annual Mexican Independence Celebration at Seccombe Lake Park. August 21, 1991 -- Ways and Means Committee recommended approval of utilization of City forces and equipment. waiver of associated costs in connection with 16th of September celebration. approval of agreement for $5,000 in civic and promotional funding to help defray the cost to Casa Ramona in the conduct of the event. Recommended motion: 1. That utilization of City crews and equipment for assisting Casa Ramona, Inc., a non-profit corporation, in their 16th of September Celebration at Seccombe Lake Park be authorized. 2. That the fees for use of facilities and equipment and the expenses incurred by the use of City forces and equipment in providing assistance to Casa Ramona, Inc. a non-profit corporation, for the 16th of September Celebration at Seccombe Lake Park be waived. 3. Adopt resolution. ~7-~ Contact person: Ann i e F. Ramos. Di rector Phone: 5030 FUNDING REQUIREMENTS: Reoort & Faci1i~ Use Permit Ward: 1 $1, 81 to be absorbed by City departments. Amount: $5,000 from Civic & Promotional Fund !;~hz!> Source: (Acct. No.! 001-091-SJH2 Supporting data attached: Staff Acct. Descri tion Civic & Promotional Fund Finance: Council Notes: Anpnrl;!i Itpm Nn q CITY OF SAN BEI()lRDINO - REQUESTOoR COUNCIL ACTION AUTHORIZATION TO UTILIZE STAFF REPORT CITY FORCES AND EQUIPMENT, AND TO WAIVE THE COSTS INCURRED RELATIVE TO ASSISTING CASA RAMONA, INC., WITH THE 16TH OF SEPTEMBER CELEBRATION AT SECCOMBE LAKE PARK. Casa Ramona, Inc. a non-profit corporation, has scheduled the use of Seccombe Lake Park for their Annual Mexican Independence Celebration. As part of their request, Casa Ramona has requested a waiver of the fees and costs involved for use of the park. (see attached letter from Casa Ramona dated July 22, 1991.) The Application/Permit for use of the facility along with the Special Conditions, and a list of fees and incidental manpower and equipment costs in the amount of $1,681.00 involved for this event are also attached. Resolution No. 89-500 dated December 20, 1989 allows the Mayor and Common Council to exempt non-profit corporations and associations, organized primarily for patriotic, civic betterment or charitable purposes, from the rates and fee schedule for the use of park and recreation facilities, ser- vices and equipment under the condition that paying the fees would create a hardship or if the event is of unusual benefit to the citizens of San Bernardino. This event is one in which a large segment of the population participates and which has been attended in the past four years by 7,000 to 10,000 people each year. This is a one day event featuring entertainment, food and drink and culminating with the main event in the evening which is a Mexican castillo a fireworks display of large proportions. Casa Ramona is providing security for the event in order to mitigate the requirements of the city Police for this type of celebration in a city facility. This activity in Seccombe Lake Park has been extremely successful in promoting Hispanic history and culture in our city. The benefits of the event for all City inhabitants are such that, as has been done for other such events, the fees could be waived. 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 Casa Ramona in the conduct of their 16 of September celebration. It is recommended that the request for utilization of City forces and equipment, waiver of 8/21/91 attendant fees be approved and the agreement be adopted. (STAFFRE:C.RAMON) 75-0264 ./ - CASA RAMONA, I~. o 1524 WII' 7'11 5".., s.n le'Nrdino. Ce. 82411 Telephone 714/11ll.oo11 --.... - , July 22, 1991 . ~ . I. ,"I~;-r..,., \ . . "fT 5 .;~ "1;} '. '. ~rF!"r \..- . I",a; l' ..'.~:~~> I Honorable William R. Holcomb Mayor of the City of San Bernardino Members of the City Council San Bernardino, CA 92415 Dear Honorable William R. Holcomb and Members of the City Council On Sunday, September 15, 1991, Casa Ramona and other community based organizations will be hosting the 5th Annual Mexican In- dependence Day Celebration at Seccombe Lake. This year we are planning to start at 10:00 a.m. culminating with our Castillo Fireworks display late that evening. We are anticipating lining up Arts & Crafts displays, a full day of live entertainment, many food booths and other activi- ties for the public. As such, we are requesting a waiver of all fees and costs associated with the assistance of the City Departments. We, at Casa Ramona appreciate the City's continued support. , ?J=fty Carmen Perez Project Coordinator CP:ja " AN AUF SUPPORTED AGENCY ARKS, RECREATION AND COMMUNITY VICES APPLICATION/PERMIT TO USE PUBLIC PARK OR RECREATION FACILITY Name of organization: CASA RAMONA, INC. Facility desired: SECOMMBE LAKE Date: AUGUST 16, 1991 15TH OF SEPTEMBER - MEXICAN INDEPENCE DAY - CASTILLO CELEBRATION Nature of activity: Dateofactivity: SUNDAY. SEPTEMBER 15.1991 Time of activity: 1 0 : 00 AM/PM to 1 1 : 00 AM/PM Estimate attendance: 2000 Is activity open to public? YES Admission Fee/Collection: NONE Will activity require use or display of vehicles, equipment, signs, city personnel? YES If yes, describe in detail: VEHICLES AND EOUIPMENT FOR ASSISTANCE IN SETTING UP. Will sound amplification or public addre.. system be used? YES Time of day amplifier i. to be u.ed:..1.1... AMIPM to..1.1AM/PM (Section 12.80.130, City Municipal Code applies) Applicant hereby acknowledge. that he/.he ha. read, understand., and will comply with all provisions of Chapter 12.80, MuniCipal Code, City of San Bernardino, California partainlng to usa of Park and Recreation facilities.. Applicant hereby a..umes all respon.ibillty to leave areas in a neet and clean condition. Applicant agr_ to hold harmless and indamnlfy tha City of San Bernardino, California, from any and all liability for injury to parsons or proparty occurring es e result of this activity and agr..s to be liable to said City for eny and all damage to any park, feclllty, building, pool, equipment, and furniture owned or controlled by City, which results from the activity or permittee or i. cau.ed by any participant in said activity. 'NOTE: This permit is subject to cancelletion by eny Police Officer who determines violation of any provision of the City MuniCipal Code. CLEANING DEPOSIT: If arealfacility is not left in clean condition, the depoSit shall be forfeited. KEY DEPOSIT: Keys .hall be returned within two (2) working days after the event for which the key Is) i. Issued. If key (s) Is not ~~f~aited' ~ Printed Name of Applicant 1524 WEST 7TH STREET Address SAN BERNARDINO. CA Q2411 City Zip (714) 889-0011 Phone Number ESTER ESTRADA Signature of Applicant AVAILABLE ~ YES _NO SPECIAL CONDITIONS APPLY ~ 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, Park., Recreation & Community Services DISTR1I1U1'.ON: WHITE: APPl,.ICANY PINK: POLICE DEPT. GREEN: FACIL.ITV GOL.DENROD: DEPOSIT FIL.E CANARY: FILE o o SPECIAL CONDITIONS OF PERMIT As Part of the Public Park Use Permit, the following repre- sents an understanding between the city of San Bernardino and ~p.. ({~1{)/JA ~ppliFant) of c;C;7tCD M~ Ir/'d(f pAQ.~ ~ Je( ~\~l}~me of facility) - . (purJ?ose of use) during the period S2~ f." / 10 A-fIt ( ate ,nd hour) , relating to the use for IlLJ 1i. c~ ~ to s~{r - Ii ?(A1. date and hour) All requirements must be completed not later than ~ Of 14'1 { Failure to (5 or ing1days prior to event) comply with any provision/requirement of these special 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 require- ments: ~ ~SlR +'~~ ...... 1. TEMPORARY USE PERMIT - Apply for this in the Planning and Building Services Office, Third Floor, City Hall. ...... 2. FIRE DEPARTMENT PERMIT - Apply for this at the City Fire Department, 200 E. Third Street. t'rW ~ 3. ENVIRONMENTAL HEALTH ITINERANT PERMIT - Apply for this " at 385 N. Arrowhead Avenue. -,4. BUSINESS LICENSE - This includes Business license for each vendor and Service provider.) Apply for this at city Clerk's Office, /Second Floor, City Hall. ~1.izvG~ 1c~ - {}'tJtu&~ k~iA~-e:r ~ ~t1. (3~ (I ~tu - ~ :;1-f(}'\J'"?~ J4:l) ~f~'\ ~,\)-t~ v - 5. ABC LICENSE AND TEMPORARY SELLER'S USE TAX RETURN (For Alcohol Sales ) State Board of Equalization Office, 303 o PERMIT AND SALES AND Apply for this at the W. 3rd Street. --6. Permit authorizing tainment apply for Narcotics Division. Carnival and other outdoor enter- this at city Police Dept., Vice and 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 Department 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 Department fully cooperate with the investigation. _ SECURITY AND CROWD CONTROL Applicant will provide security and crowd control 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 Police 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 DEPOSIT Applicant will provide for continuous clean-up during the event. Applicant will make arrangements with city jlefuse-' Division for provision of trash bins and for the time toe bins are to be emptied. Applicant agrees to provide person- nel to empty trash receptacles into the large trash bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit of $ ~C():- is required. The falility shall be cleaned y applicant not later than _ll~ tJ1't. /1iJ~.(A1...t"4) (Dat / 1me) '...."'II"'""[ Cleaning Deposit shall be forfeited if, upon inspection by a Parks, Recreation and Community Services Department represen- tative, the facility has not been properly cleaned. ~EMERGENCY RESPONSE Applicant agrees that in the event of an emergency response by city forces as a result of activities of the event, all salary and material costs shall be borne by the applicant: i.e., plugged sewer lines, electrical failure, riots, mass arrests, major crime responses, etc. ~~P~~"- o o ~ ALCOHOLIC BEVERAGE SALES AND/OR CONSUMPTION Alcoholic beverage use for any event on city property must be approved by the city Administrator. In addition, alcoholic beverage sales must be approved by the city Police Depart- ment and an ABC License must be obtained. Alcohol use fees are $.JflO ~ . The Parks, Recreation and Community Services Department will forward the request for Alcohol use to City Administrator when the formal request is received and the alcohol waiver fees are paid. In the event that approved for this Harmless from any the sale and/or use premises. alcoholic beverage sale and/or use is event, the applicant shall hold the City potential liability claims resulting from of alcoholic beverages on the facility Applicant will strictly enforce all ABC laws with particular attention to the prohibition of sale and/or use of alcohol by minors and by requiring proper identification when necessary. ......... CONTRACTURAL AGREEMENTS Applicant shall furnish to munity Services Department a applicant and any vendors or the event. the Parks, Recreation and Com- copy of signed contracts between other providers of services for ~INSURANCE REQUIREMENTS Applicant 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 city, adequate to protect against liability for damage claims through public use of or arising out of acci- dents occurring in or around the premises, in a minimum amount of $1,000,000. The City 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 City's contingent liability on such claims or losses resulting from activities of the permit. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services. 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 named as additional insured. o o BOND FOR DAMAGES AND OTHER UNFORESEEN COSTS Applicant shall provide a damage bond in the amount of $ ~100a~ to cover damages to City property and equipment which may occur and to recover other costs which may accrue as a result of the scheduled activities. FACILITY USE FEES & DEPOSITS unit Quantity Unit Price Extension (IV .~....- .- $ , ?'7.~ OO,~ :Ui. .~ 111~ c~ l~ ;)..0 - O'D f), - .ro - /.II/S. ~ ~t TOTAL $ ~ (REFUNDABLE) CASH/CHECK (~"'u.~~ [7eJ lolJD TOTAL $ /~-;)A{, ~ , o o 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 NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA 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 Casa Ramona, 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: / / / / / / / / / / / / RESOLUTION ~ORIZING AN AGREEMENT WITH CAS~ONA RELATIVE TO FINANCIAL ASSISTANCE. 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 Councilmembers ABSTAIN ABSENT AYES NAYS 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 -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 CASA RAMONA, 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. / / / / / / o o 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 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. 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. 4. Accountinq organization shall provide the informat- ion listed under the Actual Column on the Request for Funding form within RQ 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 W 21 ~ 23 24 ~ 26 27 28 accountin~ the actual expenditure~f 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- were used <:)or any purposes this Agreement. t~ those authorized under other 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 est city. 7. Assianment Organization shall not assign its inter- in this Agreement 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 less than $50,000 for damage to account of anyone occurrence. / / / Insurance. In an amount of not the property of each person on -4- ~" ' D ] tUI cQ, shall be set forth as Qadditional named insured in each policy of insurance provided hereunder. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 9. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations binding obligation of the this agreement a imposed 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 liD" street San Bernardino, Ca 92418 Casa Ramona 1524 W. 7th Street San Bernardino, CA 92411 11. Entire Aareement This Agreement and any documents 16 or instruments attached hereto or referred to herein integrate 17 all terms and conditions mentioned herein or incidental hereto, 18 and supersede all negotiations and prior writing in respect to 19 the subject matter hereof. In the event of conflict between the 20 terms, conditions or provisions of this Agreement, and any such 21 document or instrument, the terms and conditions of this 22 Agreement shall prevail. 23 III 24 I I I 25 III 26 I I I 27 I I I 28 III -5- - 11 - - AGREEMENT W~CASA RAMONA RELATIVE TO FINAN~ ASSISTANCE. 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 ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of State of California Rachel Krasney city Clerk w. R. Holcomb, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney L~ -6-