Loading...
HomeMy WebLinkAbout29- Parks, Recreation & Community Services CITY 'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION AUTHORIZING THE From: ANNIE F. RAMOS, DIRECTOR OPERATION OF THE GALAXY Dept: PARKS, RECREATION & COMMUNITY GRAND BALLROOM BY THE SERVICES FRIENDS OF SAN BERNARDINO CITY PARKS, INC. Date: NOVEMBER 14, 1996 � 7 GINAL Synopsis of Previous Council Action: None. Recommended Motion: Adopt the Resolution. Signature Contact person: John A. Kramer Phone:-384-5031 Supporting data attached: Staff Report, Reso & Agreement Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. O Res 96- 7 3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING THE OPERATION OF THE GALAXY GRAND BALLROOM BY THE FRIENDS OF SAN BERNARDINO CITY PARKS, INC. The agreement for the Friends of San Bernardino City Parks, Inc. to operate the Galaxy Grand Ballroom parallels the arrangement with Sturges Foundation to operate the Sturges Auditorium, with the exception that financial assistance is not required. The Norton Air Force Base recreation properties were acquired through a public benefit transfer on January 1, 1995. Due to a lack of resources, the department was faced with operating these facilities without any general fund dollars. An agreement with San Bernardino County Probation Department allowed for building repairs and required code compliance improvements. The facilities are still in need of furnishings and other improvements to make them marketable for public use. This agreement will allow for the operations of the Grand Ballroom without any general fund support. The ballroom will be operated as a rental facility with revenues covering all operating expenses. Net profits will be used for the purchase of needed furnishings such as table, chairs, sound and lighting equipment, commercial ovens and other kitchen furnishings, etc., estimated at over $50,000. Proceeds may also be used to support parks and recreation programs or facilities as called for in the "Friends" Articles of Incorporation. The Friends of San Bernardino City Parks, Inc. is a legally incorporated 501 C.3 non-profit organization established specifically for the purpose of supporting public parks, open spaces, recreation and community services in the City of San Bernardino. The Friends was established by the Parks, Recreation and Community Services Department with authorization by City Council action (June 17, 1991). The concept of this arrangement has been reviewed with and approved by the City Administrator's office. Approval is recommended. JAK:u 11/14/96 COPY 1 AGREEMENT 2 THIS AGREEMENT is made and entered this day of 3 , 1996, by and between the City of San Bernardino, hereinafter referred to as 4 the "City", and the Friends of San Bernardino City Parks, Inc., hereinafter referred to as 5 "Friends": 6 7 WITNESSETH: 8 WHEREAS, the parties hereto desire to preserve the Norton Air Force Base 9 Galaxy Grand Ballroom and kitchen for the use and enjoyment of the residents of the City of 10 San Bernardino and surrounding areas, and 11 WHEREAS, it is anticipated that with a cooperative effort the Galaxy Grand 12 13 Ballroom and kitchen can function and continue to serve as a location for many outstanding 14 events without continued public subsidies, 15 NOW THEREFORE, the parties hereto agree as follows: 16 1. Operation. The Galaxy Grand Ballroom and kitchen will be operated by 17 Friends which will be responsible through City Parks, Recreation and Community Services 18 Department for all day-to-day operations, including, but not limited to, promotions, booking, 19 20 scheduling, security, etc. In order to operate the Galaxy Grand Ballroom and kitchen at the 21 highest level, Parks, Recreation and Community Services Department shall be responsible for 22 all such operations in a manner similar to its other facilities. 23 2. Repairs. Repairs will be accomplished in the manner identified in the 24 concession agreement with the County of San Bernardino for the Galaxy Center and kitchen and 25 adopted by the City through Resolution No. 96-25. 26 galaxyBlrm-u -1- 27 28 1 2 3. Income. Friends will be entitled to receive all income from all rentals of the 3 Galaxy Grand Ballroom and kitchen and will pay all utilities and wages of all City personnel 4 required for direct operations of said rentals. Any surplus of such income over and above the 5 6 utilities and wages above described shall belong to the Friends for furnishings and improvements 7 of the ballroom and for the specific purposes of the Friends as stated in their Articles of 8 Incorporation except that the Friends agrees to pay five percent (5%) of said surplus income to 9 the City to cover administration costs incurred by the Parks, Recreation and Community Services 10 Department. 11 4. Utilities. All utilities costs incurred by the use of the Grand Ballroom and 12 13 kitchen will be paid in full by the Friends as prescribed in the Concession Agreement 14 (Resolution No. 96-25). 5. Custodial Maintenance. Friends riends will be responsible for all custodial 16 maintenance of the Grand Ballroom and kitchen as prescribed in the Concession Agreement 17 (Resolution No. 96-25) and will coordinate such maintenance through the Parks, Recreation and 18 Community Service Department. 19 20 6. Insurance. City shall maintain adequate property and liability insurance 21 coverage on the facility. 22 7. Indemnification. The parties to this Agreement and each of them agree to 23 defend, indemnify, save and hold harmless, the officers, agents and employees of the other 24 parties from any claim or suits that may be brought by third persons on account of personal 25 26 GalaxyBlrm-u -2- 27 28 1 2 injury, death, or damage to property, or a property or business or personal interest, arising from 3 any negligent act or omission by said party while performing services under this Agreement. 4 8. Term. The term of this Agreement shall be one (1) year from the date hereof, 5 6 and shall automatically renew on a year to year basis unless notice is given by either party 30 7 days prior to termination. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 9 the day and date first above shown. 10 11 12 13 Tom Minor, Mayor 14 City of San Bernardino 15 16 FRIENDS OF SAN BERNARDINO CITY PARKS, 17 INC. 18 BY: 19 Tom Sensintaffar, President 20 Approved as to form 21 and legal content: 22 JAMES F. PENMAN City Attorney 23 -, 24 25 26 GalaxyBlrm-u 27 11/14/96 -3- 28