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RESOLUTION NO. 2003-143
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
3 BETWEEN THE CITY OF SAN BERNARDINO AND THE MORE ATTRACTIVE
COMMUNITY FOUNDATION FOR THE LOCA TION AND INST ALLA TION OF YOUTH
4 SPORTS FIGURES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City an Agreement with the More Attractive Community Foundation
9 for the location and installation of youth sports figures, a copy of which is attached hereto, marked
10 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
12 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
13 resolution.
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2003-143
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE MORE ATTRACTIVE
COMMUNITY FOUNDATION FOR THE LOCATION AND INST ALLA TION OF YOUTH
3 SPORTS FIGURES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular
meeting thereof,
6 held on the 1bth day of
June ,2003, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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X
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X
X
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X
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CICLERK
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
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The foregoing Resolution is hereby approved this i~1t1-\ day of June ,2003.
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/ Susan Longville, Mayor iTa Tern
City of San Bernardino
22 Approved as to form and
legal content:
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2003-143
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE
MORE ATTRACTIVE COMMUNITY FOUNDATION
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TillS AGREEMENT, made and entered this 16th day of June, 2003, by and between the
4 City of San Bernardino ("City") and the More Attractive Community Foundation ("MAC"),
5 WITNESSETH:
6 WHEREAS, MAC seeks to have designed and constructed, at no expense to the City, and
to then donate and dedicate to the City, various youth sports figures to improve the attractiveness of
7 the City and to enhance the City's goal as the Youth Sports Capital of Southern California; and
8 WHEREAS, it is contemplated between the City and MAC that these youth sports figures
on a larger-than-Iife scale would be placed on City-owned property at appropriate youth sports
9 venues and othf:r prominent Joc~tions in the City; and
10 WHEREAS, the City is interested in receiving such youth sports figures and is further
interested in the appropriate siting of such monuments for both safety and ease of viewing reasons.
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NOW, THEREFORE, the parties hereto agree as follows:
1. Subject to approval by the Mayor of the City of San Bernardino, MAC shall cause
13 to have designed and constructed, at no expense to the City, numerous appropriate youth sports
figures for placement at various locations in the City. The Mayor shall further give advance general
14 approval of said locations prior to placement. The plans and specifications for such figures, shall
be inspected and approved by the Field Engineeringllnspection Section and the Building Inspection
15 Division of the Development Services Department. The Director of the Parks, Recreation and
Community Services Department shall also assist and advise in the specific location of such youth
16 sports figures. The siting of such figures shall be determined first by safety considerations and then
for ease of viewing.
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2. MAC agrees to act as general contractor and shall contract out and cause the
18 necessary permits to be obtained, to the extent not provided by City, all necessary site work and
installation. City agrees to assist MAC in certain limited preparatory site work, such as trenching
19 for electrical wiring, installation of fuse boxes, trimming/removal of trees, if deemed necessary.
20 3. MAC shall cause each contractor providing a service to MAC in furtherance of this
agreement to take out and maintain during the life of such service provided and until complete
21 installation of the subject youth sports figure, such public liability and property damage insurance,
naming as additionally insured, the City, its departments, agencies, boards, commissions, elected
22 officials, officers, attorneys, employees and agents from the claims for property damage, for personal
injury, including death, by the actions of such contractor, as well as from the claims for property
23 damage and personal injury which may arise from the operations of MAC or its agents' operations
hereunder. Public liability insurance shall be in an amount not less than one million dollars
24 ($1,000,000.00) for injuries, including, but not limited to, death, to any person, and subject to the
same limit for each person, in an amount not less than one hundred thousand dollars ($100,000.00)
25 on account of anyone occurrence. Property damage insurance shall be in an amount not less than
fifty thousand dollars ($50,000.00) for damage to the property of each person on account of an
26 occurrence. MAC shall deliver to the City a certificate of insurance for each such contractor prior
to the commencement of its work, evidencing such coverage in such amounts, with the required
27 notation that the insurer shall notify the City by ten (l0) days advance written notice of any material
change or termination in the policy.
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2003-143
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE
MORE ATTRACTIVE COMMUNITY FOUNDATION
4. For all purposes, MAC shall be an independent contractor and shall not be
considered an employee or agent of the City. Upon complete installation of each youth sports figure,
said figure shall become the property and the maintenance responsibility of the City.
5. This agreement may be terminated by either party for any reason upon the giving of
thirty (30) day's notice, in writing. Notwithstanding any such termination, the youth sports figure(s)
shall remain the property and the maintenance responsibility of the City.
6. Any notices to be given pursuant to this agreement shall be given from one party to
the other, in writing, and deposited with the United States Postal Service, postage prepaid, and
addressed as follows:
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City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: City Administrator
MAC Foundation
P.O. Box 1169
San Bernardino, CA 92402
Attn: President
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The above addresses may be changed by written notice to the other party. Nothing in this
paragraph shall be construed to prevent the giving of notice by personal service.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and
date first shown above.
IS
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CITY OF SAI'f BERNARDINO
ATTEST:
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Mayor Pro
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Approved as to form
and legal content:
MORE ATTRACTIVE
COMMUNITY FOUNDATION
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