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HomeMy WebLinkAbout2003-236 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. 2003-236 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAJOR LEAGUE SOFTBALL, INC. FOR ADULT BASEBALL AND ADULT SOFTBALL SERVICES FOR THE PERIOD OF SEPTEMBER 1,2003 THROUGH AUGUST 31, 2006. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City, an agreement between the City and Major League Softball, Inc. (MLS). MLS agrees to provide contractual services for functions directly related to adult baseball and adult softball programming, A copy of said agreement is hereby attached hereto, rnarked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within sixty (60) days following the effective date of the resolution. III III III III III III III III III 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-236 1 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAJOR LEAGUE SOFTBALL, INC. FOR ADULT BASEBALL AND ADULT SOFTBALL SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2003 THROUGH AUGUST 31, 2006. 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 rneeting thereof, held 7 on the 18th day of August ,2003, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN LONGVILLE x MC GINNIS x DERRY x SUAREZ x ANDERSON x MC CAMMACK x C/I)" (, A If !j tf a" Ie '. Rachel G. Clark, City Clerk 2003. The foregoing resolution is hereby approved this I7K day of August , /~~~:") Neil Derry, ~ Pro Tern City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney ., , . 2003-236 OPERATING SERVICES AGREEMENT MAJOR LEAGUE SOFTBALL This Operating Services "Agreement" made the 18th day of August 2003, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as CITY, and MAJOR LEAGUE SOFTBALL, INC., a California corporation hereinafter referred to as PROVIDER. WITNESSETH: In consideration of this their mutual covenants and conditions, CITY exclusively retains PROVIDER to organize and manage the City of San Bernardino Parks, Recreation & Community Services Department's Adult Softball and Adult Baseball Programs and to do the things necessary to provide the services, and to make payment to CITY, in accordance to the terms contained herein. I. DEFINITIONS A. For the purpose of this Agreement, the following words and phrases are defined and shall be construed as hereinafter set out: 1. CITY: The City of San Bernardino, acting by and through the Director of the Parks, Recreation and Community Services Department. 2. PROVIDER: The Individual or Corporation with whom CITY enters into this Agreement, and the person with whom the Parks, Recreation & Community Services Department Director or their representative deals regarding subject Agreement. All employees and agents ofthe PROVIDER are subject to the terms ofthis Agreement. 3. STAFF: The Parks, Recreation & Community Services Department Director, or their authorized representative, acting as agents of CITY. 4. SCOPE Of SERVICES: The services to be provided by PROVIDER, and the responsibilities of PROVIDER, shall be limited to the following functions: A. Program Administration B. Officiating Services C. Scorekeeping Services D. Awards E. field Maintenance/Preparation 5. LEAGUE DIRECTOR: The individual assigned by PROVIDER to provide daily supervision. Page 1 of 11 " 2003-236 6. SOFTBALL FIELDS: The terms "softball fields" and "fields" as used in this Agreement shall mean only the in-play areas of the subject ball fields, and specifically shall not include any out-of-play areas, bleachers, buildings or structures of any kind, sidewalks, streets, driveways, parking areas, playground or school yard areas. II. FINANCIAL CONSIDERATIONS: A. As part of the services to be provided hereunder, PROVIDER shall collect on behalf of CITY all team registration fees for the adult baseball and softball programs. As consideration for its services under this Agreement, PROVIDER shall be entitled to retain 80% of the gross receipts from team registration and forfeit fees for adult softball teams and PROVIDER shall be entitled to retain 85% of the gross receipts from team registration and forfeit fees for adult baseball teams. PROVIDER shall pay to CITY the other 20% of the gross receipts from adult softball team registration and forfeit fees and 15% of the gross receipts from adult baseball team registration and forfeit fees. Payments of the City share of team registration and forfeit fees shall be made by PROVIDER to CITY in accordance with the payment schedule provided in Section IV. B. 9 below. PROVIDER shall administer the registration system including, but not limited to registrations, collecting of fees, providing a receipt and keeping of an accounting procedure acceptable to CITY. III. TERM Term of this Agreement shall be for a period of three (3) years, beginning September L 2003 and expiring August 31. 2006 unless earlier terminated in accordance with other provisions of this Agreement. IV. OPERATING RESPONSIBILITIES: A. GENERAL 1. Emplovees: PROVIDER shall provide such employees or independent contractors (collectively referred to as "employees") as may be required to render good service, to the satisfaction of STAFF. Such persons shall be satisfactory to STAFF as to their personal conduct, honesty, courtesy, health, personal appearance and willingness to cooperate with CITY employees. In the event an employee is not satisfactory, as herein defined, STAFF may furnish a written directive to PROVIDER to correct the cause of said dissatisfaction. If PROVIDER does not correct said problem to the satisfaction of CITY within 30 days after said written directive is received, STAFF may furnish a subsequent written notice to PROVIDER requiring that said employee be excluded from providing further services to CITY. Page 2 of 11 2003-236 2. Operation. PROVIDER shall provide general superVISIOn of softball fields including the enforcement of safety practices and regulations during periods the softball fields are in use in connection with the operation of the City of San Bernardino Adult Softball and Baseball Programs (in accordance with published game schedules as submitted to and approved by CITY). PROVIDER shall exercise the right to exclude persons from using the fields who do not abide by established rules. 3. Conduct. PROVIDER shall at all times perform its services in a quiet and orderly manner to the satisfaction of STAFF. 4. Disorderlv Persons: PROVIDER shall use its reasonable efforts to prohibit intoxicated persons, profane or indecent language, or boisterous or loud conduct in or about the softball and baseball fields and will call upon the aid of peace officers to assist in maintaining peaceful conditions. 5. Permits and Licenses: PROVIDER shall be required to obtain at his sole expense any and all permits or licenses that may be required in connection with PROVIDER's subject operation including, but not limited to tax permits, business licenses and health permits. 6. Signs and Advertisements: No signs of any kind shall be displayed by PROVIDER unless approved by CITY, who may require removal or refurbishment of any sign previously approved. PROVIDER shall not permit vendors to display wares unless written permission is secured from CITY and such permission shall be subject to revocation at any time. CITY may charge and collect fees for the display of signs advertising products and/or services. 7, Sponsorship: Notwithstanding that PROVIDER is providing to CITY the operating services contemplated in this Agreement, it is acknowledged that the City of San Bernardino Adult Softball and Baseball Programs are sponsored by CITY, and that PROVIDER is not a sponsor or co-sponsor of said Programs. B. ADMINISTRATION 1. League Director: The LEAGUE DIRECTOR shall oversee the program on a day- to-day basis. The League Director shall be an experienced umpire/scorekeeper who will work to serve the needs of both City and program participants. 2. League Coordination: The dates designated for and the duration of each league, registration procedures and the number of games offered will be determined by and within the sole discretion of CITY. PROVIDER shall schedule adult softball league play according to facility schedules as deterrnined by and within the sole discretion of CITY. 3. Marketing: PROVIDER shall at all times use its reasonable best efforts to provide for the best possible program promotion, consistent with the marketing services generally offered by persons engaged in providing services similar to those required of PROVIDER under this Agreement. Services shall include, but may not be limited to, press releases, program flyers, copy for the City Brochure, letters and forms, mailing lists and a phone "hot line", All such marketing materials and forms must be submitted to CITY by established deadline, CITY'S written approval shall be obtained before such materials are distributed. Page 3 of 11 2003-236 4, Pre-Season Services: PROVIDER shall arrange with STAFF mutually agreeable dates, times, and a San Bernardino location for team registration. PROVIDER shall collect and deposit league fees into a separate "San Bernardino" checking account. PROVIDER shall be responsible for team classification and league formation resulting in the most balanced and equitable competition possible. PROVIDER shall be responsible for preparing, printing and distributing of game schedules, Copies of game schedules shall be provided to CITY prior to the start of each season. Changes to game schedules will be provided to CITY within three (3) calendar days after their occurrence. 5. Sign In Sheets: PROVIDER shall provide sign-in sheets with hold harmless/release/assumption of risk provisions ("Release"), approved in advance by CITY in writing and ensure that each player signs the Release. Any player failing or refusing to sign the Release shall not be permitted to play by PROVIDER. 6. Manager's Meeting: PROVIDER shall organize and supervise each pre-season manager's meeting. This meeting will include distribution ofleague rules. 7. Southern California Municipal Athletic Federation (SCMAF): PROVIDER shall complete all SCMAF team registration paperwork for those teams that choose to pay the prevailing registration fee, as required by SCMAF, and pay such registration fees to SCMAF within thirty (30) days of the first scheduled day of the season. 8. Plaver's Medical Benefit Fund: PROVIDER shall collect and deposit the optional PMBF fee for each team that pays it. 9. Method of Payment: PROVIDER shall pay to CITY 15% of the gross receipts from team registration and forfeit fees for Adult Baseball and 20% of gross receipts from team registration and forfeit fees for Adult Softball, in accordance with the following schedule (with each date specified being said date next following the start of the subject League): Winter League on or before April 15 Spring League on or before July 15 Summer League on or before October 15 Fall League on or before January 15 PROVIDER shall transrnit with payment, a Gross Receipts Report for the season which payment is submitted. STAFF shall provide a form for this purpose, and the completed form shall include a statement of the gross receipts by source of sales, and. such other information as STAFF may require. The payment/check shall be made payable to "City of San Bernardino". The payment shall be addressed to: Page 4 of 11 2003-236 City of San Bernardino Parks, Recreation & Community Services Dept. 547 N. Sierra Way San Bernardino, California 92410 In the event PROVIDER fails to submit payment by the date due, interest at the maximum amount allowed by law will be charged for each month, or fraction thereof, that the payment is due. This charge is intended to compensate CITY for additional accounting and administrative costs. C. SERVICES 1. Officiating Services: PROVIDER shall recruit, train, supervise and evaluate softball and baseball umpires. PROVIDER shall schedule and assign the approved number of SCMAF and C.I.F. certified umpires to all games. 2. Scorekeeoin2 Services: PROVIDER shall recruit, train, supervise and evaluate all scorekeepers. PROVIDER shall schedule and assign league scorekeepers to all games. PROVIDER shall provide computerized scoring of all league softball and baseball games and generate and provide to teams reports at the conclusion of each game. CITY shall provide one (I) llO-volt electrical outlet at each field. 3. Equioment: PROVIDER shall provide all essential game equipment, including, but not necessarily limited to: one (I) new and one (I) good used SCMAF approved softball for each game, certified home plate extensions on each field, and Hollywood Impact or similar City approved quality bases for each field. 4. Field Maintenance: PROVIDER shall perform maintenance services in accordance with PROVIDER'S written proposal titled "The MLS Standard Softball Diamond Maintenance System (SBDMS), Attachment !". Each term and condition set forth in Attachment I shall apply and are incorporated in this Agreement by reference. PROVIDER also agrees to complete all of the renovations set forth in SECTION 4,0 - AMENDED RENOVATION COSTS, City of San Bernardino, Recommended Field Renovation Projects, Proposed document. As denoted below: SECTION 4.0-AMENDED RENOVATION COSTS CITY OF SAN BERNARDINO RECOMMENDED FIELD RENOVATION PROJECTS PROPOSED PRICING SUMMARY FIELD ENCANTO EAST SERVo NO. 4-5 & 8 MATERIAL COST 6 SERVICE TASK LASER GRADING 25 TONS ANGEL MIX MATERIAL RECONSTRUCT BATTERS' BOXES' PROPOSED PRICE $950.00 $1,100.00 $400.00 TOTAL PRICE ENCANTO EAST * Price Includes Mound Mix Material $2,450.00 Page 5 of 11 2003-236 PROPOSED FIELD SERVo NO. SERVICE TASK PRICE ENCANTO WEST 1-3 & 9 SOD CUT/PLANT PERIMETER $1.900.00 4,5 & 8 LASER GRADING $950.00 MATERIAL COST 50 TONS ANGEL MIX MATERIAL $2,200.00 6 RECONSTRUCT BATTERS' BOXES' $400.00 7 REPLACE/RE.SET FIELD FIXTURES $400.00 TOTAL PRICE ENCANTO WEST $5,850.00 * Price Includes Mound Mix Material PROPOSED FIELD SERVo NO. SERVICE TASK PRICE NUNEZ NORTH 1.3 & 9 SOD CUT/PLANT PERIMETER $1,900.00 4.5 & 8 LASER GRADING $950.00 MATERIAL COST 50 TONS ANGEL MIX MATERIAL $2,200.00 6 RECONSTRUCT BATTERS' BOXES' $400.00 7 REPLACE/RE-SET FIELD FIXTURES $400.00 TOTAL PRICE NUNEZ NORTH $5,850.00 . Price Includes Mound Mix Material 4 REBUILD PITCHING MOUND PROPOSED PRICE $950.00 $500.00 FIELD FISCILINI BASEBALL SERVo NO. 3 SERVICE TASK HOME PLATE AREA REPAIR TOTAL COST FISCALlNI BASEBALL $1,450.00 TOTAL COST OF RENOVATION PROJECTS $15.600.00 TOTAL PROPOSED PRICE $15.600.00 PROVIDER agrees to complete these renovations at these ballfields by September 15, 2003. PROVIDER also agrees to complete these improvements totaling $15,600 in lieu of the 1 s( $15,600 due to CITY in royalty payments. Royalties coming from 15% of Adult Baseball and 20% of Adult Softball registration fees and forfeited game fees. 5. Awards: PROVIDER shall provide individual awards for first and second place teams. Awards shall consist of shirts, sweatshirts or similar items as approved by City. A wards shall also be provided for statistical leaders in up to three (3) categories in each league at the end of each season. Page 6 of 11 2003-236 V. SOFTBALL FIELD IMPROVEMENTS: A. PROVIDER may make additional softball field improvements subject to prior written approval of CITY. In addition, CITY may, from time to time, make certain improvements, which it deems to be advantageous or necessary for the protection of public property. VI. LIABILITY AND INSURANCE: A. Hold Harmless: Organization covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, 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 providers contractually defined duties and obligations as specified 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. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. B. Insurance: While not restricting or limiting the foregoing, during the term of this Agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, 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. C. Worker's Compensation: PROVIDER shall at all times during the term of the Agreement subscribe to and comply with the Worker's Compensation Laws of the State of California and pay such premiums as may be required thereunder, and hold CITY harmless from any and all liability arising from or under such act. Prior to any operations being performed under this Agreement, and at such other times as may be requested, it shall furnish a copy of the official certificate of receipt, showing payments herein above referred to. D. Safetv: With respect to the services being furnished by PROVIDER under this Agreement, PROVIDER shall correct safety deficiencies and violations of safety practices immediately and shall cooperate fully with CITY in the investigation of accidents occurring on the softball fields. In the event of injury to a patron or customer, PROVIDER shall ensure that the injured person receives prompt and qualified medical attention, and as soon as possible thereafter, it shall submit a "City Accident Report" form. Page 7 of 11 2003-236 VII. DEFAULT AND CANCELLATION: In the event PROVIDER defaults in the performance of any of the terms or conditions of the Agreement, or fails to conform to the rules and regulations or any of the directions or instructions that may be properly made by CITY in the exercise of its powers, or fails, neglects, or refuses to pay the CITY'S monies or any part thereof within thirty (30) days after the same shall become due, or becomes unable through personal incapacity to fulfill his obligations under the Agreement or defaults in the performance of any of the other terms or provisions therein required, CITY shall have the following options without further notice or authorization from PROVIDER, and its choice of any option shall in no way waive its rights to select any other option at any time: A. If the PROVIDER does not cure said default thirty (30) days after written notice of default (forthwith for a default involving sanitary safety conditions) or make reasonable progress to cure said default, CITY may terminate the Agreement, assume the operation, and exclude PROVIDER and/or B. CITY may retain any of PROVIDER'S money on deposit in the "San Bernardino Trust Account" and any of PROVIDER'S property on the softball fields and apply same to the payment of any and all claims which may be due CITY, and/or C. CITY may recover at law any and all claims which may be due CITY; and/or D. CITY may perform such work as it deems necessary to cure said default and charge PROVIDER for the full cost of labor and materials expended, plus thirty percent (30%) of said cost for administrative overhead. STAFF may exercise this option immediately in the event of a default involving cleanliness provisions or safety provisions of the Agreement. STAFF may exercise this option within ten (10) days after giving PROVIDER written notice of default involving maintenance provisions of this Agreement. E. In the event of abandonment or other inability of PROVIDER to conduct the services required herein, CITY shall have the right to take immediate possession of all operations. The acceptance of all or part of a payment by CITY for any period after a default shall not be deemed a waiver of any of these options, nor a waiver of the default or any subsequent default of the same or any other terms, covenant and condition. Any waiver by CITY of a default on the part of the PROVIDER shall not be construed as, or constitute a waiver of, any subsequent default of the same or any other term, covenant and condition. In the event CITY defaults in the performance of any of the terms or conditions of the Agreement, and if a written notice of such default is issued to CITY by PROVIDER by registered mail, and if CITY does not cure said default within thirty (30) days of receipt of said notice as evidenced by return receipt of registered mail, then PROVIDER may immediately terminate the Agreement and recover at law any and all claims which may be due. However, if PROVIDER fails to notify CITY of its default within sixty (60) days after learning of its occurrence, then it has automatically waived any all of its rights occurring hereunder. Page 8 of 11 2003-236 VIII. ASSIGNMENT. BANKRUPTCY: A. PROVIDER shall not transfer, assign or in any manner convey any of the rights or privileges therein granted without the written consent of CITY. Neither the Agreement nor the rights therein granted shall be assignable or transferable by any process or proceedings in any court, or by attachment, execution, proceedings in insolvency or bankruptcy either voluntary or involuntary, or receivership proceedings. In the event of insolvency or bankruptcy. either voluntary or involuntary, CITY, at its option, may terminate and cancel this Agreement, in which event all rights of PROVIDER herein shall cease immediately and possession of the softball fields shall be delivered to CITY. IX. BUSINESS RECORDS: A. PROVIDER shall be required to maintain a method of accounting of all receipts in connection with the performance of its services hereunder, which shall correctly and accurately reflect the gross receipts received by PROVIDER relating to this Agreement. The method of accounting, including bank accounts established for operations under this Agreement, shall be separate from the accounting system used for any other business operation of PROVIDER. Such method shall include the keeping of the following documents: 1. Any accounting records that CITY in its sole discretion deems necessary for proper reporting of receipts. 2. A log showing the number of teams registered in each league. This log is to be considered an accounting record. B. All such documents, books and accounting records shall be open for inspection and reinspection at any reasonable time during the terms of the Agreement and for a reasonable period, not to exceed one year, thereafter. In addition, CITY may, from time to time. conduct an audit and re-audit of the books and business conducted by PROVIDER, and observe the operation of the business so that accuracy of the above records can be confirmed. If the report of gross receipts made by PROVIDER to CITY shall be found to be less than the amount of gross receipts disclosed by such audit and observation, PROVIDER shall pay CITY within thirty (30) days after billing any additional amounts disclosed by such audit. If discrepancy exceeds two (2%) and no reasonable explanation is given for such discrepancy, PROVIDER shall also pay the cost of the audit. The PROVIDER understands that an annual audit by the CITY may be conducted and PROVIDER agrees to cooperate fully with the CITY during each audit. All information obtained in connection with CITY'S inspections of records or audits shall be received and maintained in confidence and shall not be disclosed to anyone not directly connected with the official business of CITY, to the extent permitted by law. X. REGULATIONS. INSPECTION AND DIRECTIVES: A Citv Rules: PROVIDER and its employees shall at all times abide by all Rules and Regulations heretofore adopted or that may hereafter be adopted by CITY and cooperate fully with CITY employees in the performance of their duties. Page 9 of 11 2003-236 B. Laws and Ordinances: PROVIDER shall conduct its business in accordance with all the laws, ordinances, rules and regulations applicable to such business as set forth by the City, County, State and Federal government. C. Permissions: Any permission required by the Agreement shall be secured in writing by PROVIDER from CITY and any errors or omissions there from shall not relieve PROVIDER of its obligations to faithfully perform the conditions therein, and without regard to any other basis prohibited by law. PROVIDER shall immediately comply with any written request or order submitted to it by CITY or STAFF. D. Right of Inspection: CITY and STAFF, their authorized representatives, agents and employees shall have the right to enter upon the subject softball and baseball fields at any and all reasonable times for the purpose of inspection and observation of PROVIDER'S operations. During these inspections, they shall have the right to utilize photographic devices and other instruments for recording conditions and events taking place upon the subject ball fields. Said inspections may be made by persons identified to PROVIDER as City employees, or may be made by independent contractors engaged by CITY. E. Standard of Performance: PROVIDER represents and warrants that it has the qualifications and experience necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. PROVIDER shall at all times faithfully, competently and to the best of its ability, experience and talent perform all services described herein. In meeting its obligations under this Agreement, PROVIDER shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of PROVIDER under this Agreement. F. Nondiscrirnination: PROVIDER shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act; the Federal Civil Rights Act of 1964, and all amendments; all administrative rules and regulations issued pursuant to such acts, G. Severabilitv: In case anyone or more ofthe provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and the remainder of the provisions of this Agreement shall continue in full force without impairment. H. Integration: This Agreement constitutes the entire Agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both parties hereto. Page 10 of II . . 2003-236 '. XI. AGREEMENT IN DUPLICATE: This Agreement is executed in duplicate, each copy of which shall be deemed as an original. IN WITNESS WHEREOF, CITY, has by order of the Director of the Parks, Recreation & Community Services Department and PROVIDER has executed the same, the day and year hereinabove written. MAJOR LEAGUE SOFTBALL, INC. By: f)-/l y",,-. YL- Title: f'r~ t Pt."\'-{ T Dated: '3/7...<;,10) - By: Title: Mavor Pro Tern Dated: fJvj{JJ1 /9/ dCQ3 Attest: By: C~..~.f.,,(.t. " J !;J . C.e~J.clv Title: Citv Clerk Dated: ()"Ll'rl/AZ- 1.. tJ 2 tJ 03 APPROVED is TO FORM ~ND LEGAL CONTENT: JAMES F. PENMAN City Attorney Dy 1-~ oa(J ~/K~r / ~I l,A9c,7 Page 11 of 11