HomeMy WebLinkAbout2003-206
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RESOLUTION NO. 2003-206
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF
SAN BERNARDINO AND LITTLE LEAGUE BASEBALL, INC., WESTERN
REGIONAL HEADQUARTERS, FOR FINANCIAL ASSISTANCE FROM THE CIVIC
AND PROMOTION FUND FOR FY 2003/04.
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 Little League Baseball, Inc.,
Western Regional Headquarters, for civic and promotion funding in the amount of $5,000 in
direct funding from the FY 2003/04 Budget, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption
of this resolution.
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2003-206
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH LITTLE LEAGUE BASEBALL, INC., WESTERN REGIONAL
HEADQUARTERS, FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND
PROMOTION FUND FOR FY 2003/04.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on
the 21st day of July
,2003, by the following vote to-wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
x
LONGVILLE
x
McGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
~0(W{t'UL YtuclMLV; r~pi&
City Clerk - .0
2003.
The foregoing resolution is hereby approved
day of July
c
Gordon McGinnis, Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
-, Ie
2003-206
Exhibit A
AGREEMENT
Civic and Promotion Funding
FIVE THOUSAND DOLLARS ($5,000).
2003-206
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY03/04 CIVIC AND
PROMOTION FUND ASSISTANCE.
3. Use of Funds.
The funds paid on behalf of Organization shall be used solely for the purposes set
forth in Paragraph I above. No deviation from these provisions shall be made without the
express approval of the City of San Bernardino. Any unexpended funds shall be returned to the
City by Organization.
4. Accountability.
Financial records shall be maintained in accordance with generally
accepted accounting principles by Organization for this event in such rnanner as to permit City to
easily trace the expenditure of the funds. All books and records of Organization for this event
are to be kept open for inspection at any time during the business day by the City or its officers
or agents. Failure to submit the financial records in accordance with this section will result in the
Organization reirnbursing the City in the full arnount received by Organization. At the
conclusion of the program, Organization or its designee shall present the City Administrator or
his designee copies of all receipts for expenditures connected with said program in the total
amount of FIVE THOUSAND DOLLARS ($5,000).
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22 harmless the City, its departments, agencies, boards, commissions, elected officials, officers,
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5.
Hold Harmless.
Organization covenants and agrees to defend, (ifrequested by City), indemnify, and hold
attorneys, employees and agents frorn all liabilities and charges, expenses (including counsel
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of the funds paid hereunder and all operations under this Agreement. Payments hereunder are
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fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt
27 rnade with the understanding that the City is not involved in the performance of services or other
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2003-206
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY03/04 CIVIC AND
1 PROMOTION FUND ASSISTANCE.
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activities of Organization. The costs, salary and expenses of the City Attorney and rnernbers of
his office in enforcing this Agreernent on behalf of the City shall be considered as "counsel fees"
for the purposes of this paragraph.
6.
Insurance.
While not restricting or lirniting the foregoing, during the term of this
Agreernent, Organization shall rnaintain in effect policies of cornprehensive public, general and
autornobile liability insurance, in the arnount of $1 ,000,000, per occurrence cornbined single
limit, narning the City of San Bernardino, its departrnents, agencies, boards, cornrnissions,
elected officials, officers, attorneys, ernployees, and agents as additionally insured. A certificate
of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the
added notation that the insurance policy shall not be terminated or materially altered without 10
days prior written notice to the City.
7. Termination.
City shall have the right to terminate this Agreernent and any funding
rernaining unpaid hereunder for any reason by rnailing a ten-day written notice to Organization
and this Agreernent shall terminate ten days after the rnailing of such notice. In the event this
Agreernent is terminated for reasons of irnproper 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, and the Organization shall reirnburse to City any funds expended which were
used for any purpose other than those authorized under this Agreernent, as set forth in Exhibit
"A",
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2003-206
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY03/04 CIVIC AND
1 PROMOTION FUND ASSISTANCE.
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8. Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
take the adherence to the obligations irnposed by this Agreement a binding obligation of the
Organization.
9. 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
LITTLE LEAGUE BASEBALL, INC.
WESTERN REGIONAL HEADQUARTERS
300 N. D. Street
6707 Little League Drive
San Bernardino, CA 92418
San Bernardino, CA 92407
Attn: City Adrninistrator
Attn: Mike Legge, Executive Director
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2003-206
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY03/04 CIVIC AND
1 PROMOTION FUND ASSISTANCE.
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10.
Entire Agreement.
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This Agreement and any docurnents or instruments attached hereto or
5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
6 supersede all negotiations and prior writing in respect to the subject rnatter hereof. In the event
7 of conflict between the terms, conditions or provisions of this Agreement, and any such
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document or instrument, the tern1S and conditions of this Agreement shall prevail.
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In witness whereof, the parties hereto have executed this Agreement on the day and date
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first above shown.
ATTEST:
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Gordon McGinnis, Mayor Pro Tem
LITTLE LEAGUE BASEBALL, INC.
WEST~\..~GION HEADQUARTERS
BY,O~
Mike Legge, E ve Director
By: 0awlUl }npIiln~ lJei11luL
- City Clerk I 0
Approved as to form
And legal content:
James F. Penman
24 City Attorney
25 By: L?/~
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