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HomeMy WebLinkAbout2001-229 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. 2001-229 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND WESTERN REGIONAL LITTLE LEAGUE BASEBALL FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2001/02. 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 San Bernardino Western Regional Little League Baseball, Inc., for civic and promotion funding in the amount of $5,000 in direct funding from the FY 2001102 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. Expenditure of indirect funding in the amount of $16,982 is further authorized to be transferred from the civic and promotion fund to various general fund departmental accounts as noted in the staff report included as Attachment "B". Section 2. The authorization to execute the above referenced agreement IS rescinded ifthe parties to the agreement fail to execute it within sixty (60) days of the adoption ofthis resolution. 11111 /1111 11111 11111 1111/ 11111 11111 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 2001-229 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND WESTERN REGIONAL LITTLE LEAGUE BASEBALL FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FYOIl02. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the 23rd day of July Council Members: ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK ,2001, by the following vote to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~ ti)M1lYJ?Ii<, JW{U~ City Clerk -0 ~(.,.-rn 2001. The foregoing resolution is hereby approved t . s Approved as to Form and legal content: JAMES F. PENMAN, City Attorney "cr' } f........ day of July ....... .,' , 2001-229 AGREEMENT Civic and Promotional This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and WESTERN REGIONAL LITTLE LEAGUE BASEBALL, INC. , a non-profit organization, referred to as "Organization." The parties agree to as follows: 1. Recitals. A. Organization has requested financial assistance from City for the Fiscal year 2001/02, in order to assist in defraying the expenses connected with the conduct of events related to the 2001/02 budget year, as outlined in their Request for Funding to the Mayor and Common Council, a copy of which is attached hereto marked Exhibit "A". The terms of the request 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 agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their 2001/02 Tournament Season. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in . . 2001-229 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 Paragraph 1 above. No deviation from these provisions shall be made without the express approval ofthe 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 in such manner as to permit City to easily trace the expenditure 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. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. At the conclusion of the program, Organization 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). 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. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement on behalf ofthe City shall be considered as "counsel fees" for the purposes of this paragraph. ;' , 2001-229 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 6. Insurance. While not restricting or limiting the foregoing, during the term ofthis 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 as additionally insured, 7. 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 were used for any purpose other than those authorized under this agreement. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed by this agreement a binding obligation of the organization. 11111 /1111 11111 1111/ /1111 II/II 2001-229 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 Western Regional Little League 300 North "D" Street Baseball, Inc. San Bernardino, CA 92418 6707 Little League Drive Attn: City Administrator San Bernardino, CA 92407 Attn: Michael E. Legge 10. Entire Agreement. This agreement and any documents or instruments attached hereto or II/II /1111 1 2 2001-229 In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. 3 4 5 6 7 8 9 10 11 By:JH'UP)'MrjiA1(jj ~U-t 12 City Clerk ./ a 13 ATTEST: Approved as to form 14 And legal content: 15 James F. Penman 16 City Attorney 17 BY:~ 7-.jJ~ 18 0 19 20 21 22 23 24 25 26 27 28 By. By. 2001-229 Exhibit A CITY OF SAN BERNARDINO - CIVIC AND PROMOTION FUND REQUEST FOR FUNDING ASSISTANCE 1. Organization (Nama, Address, atc.) Little League Baseball-Western Region 6707 Little League Dr. San Bernardino, CA 92407 Data Submitted June 26, 2001 2. Contact Person Mike Legge Title Western Regional Director Phone (909) 887-6444 3. Phone (909) 887-6444 Number of Years in Existence 31 4. Period 01 Support Requested or Date of Event August 4. 2001- August 14. 2001 5. Taxpayer Identification Number 23-1688231 6. Activity for which funding is requested: Western Regional Little League. Baseball Tournament 13 State Play Offs. Funds requested will be used to feed teams, approximately 9000 meals served. The bus rental to transport teams to and from the airport, and other outside activities, and practices, etc. 7. Estimated number of persons expected to attend this program/project 60,000 8. Proposed Budget Personnel: Budget Actual Budllet Actual Budget Actual 01 Fulltime Salaries 02 Parttime Salaries 03 Overtime 04 05 =* 016 Facility Rental 017 Insurance 018 Decorations 019 Utilities: Ga, Electrical Phone Other 023 Trophies 024 Scholarships 025 Celebrity Expenses Accommodations Lodging Other 026 Miscellaneous Expenses: Expenses: Sub. Total 010 Office Supplies 011 Postage 012 Printing 013 Equipment Rental 014 Security 015 Food! Refreshments 020 Special Equipment 021 Advertising 022 Promotion Expenses ---+- GRANO TOTAL 9. List Anticipated Funding/Revenue (Sources other than City) Source Additional income is derived from passing hats at games. requesting Amount donations. Snack Bar and Souvenir Concession sales TOTAL ( 10. Anticipated revenue from activity ) 1 i .Total Amount Requested from City: A. Total Proposed Budget Amount $5, 000.00 Sent to Ways & Means Date: Action: B ~; Other Funding Sources Sent to Mayor & Council Date: Action: C. Total Amount Requested from City 12. Describe any additional assistance being requested from the city: (Personnel, equipment, park area, building, elc.) A. San Bernardino Police Department "Additional Security" B. San Bernardino City Parks and Recreation II 2 (two) men to assist in stadium clean up (daily)" C. Department of Public Services "Additional trash dumpsters. traffic cones and barriers" Estimated Costs (To be completed by City) .~ Date: June 26, 2001 NOTE: Please be prepare to submit an audit of your financial activities, In the event such information is deemed necessary. Attach sketch and other supporting information, If appropriate. DISTRIBUTION WHITE - CITY ADMINISTRATOR GREEN -FINANCE CANARY _ APPLICANT OTHER OEPT5 .' ' 2001-229 Attachment "B" STAFF REPORT SUBJECT: Resolution authorizing agreement with San Bernardino Western Regional Little League Baseball, Inc. for civic and promotion funding for FY 2001/02. BACKGROUND: Western Regional Little League Baseball, Inc. is requesting financial assistance from the FY2001/02 civic and promotion fund in the amount of$5,000 in direct funding and $16,982 in indirect funding to defray the costs associated with their Tournament Season scheduled for August 4 through August 14, 2001, as outlined in the attached Request for Funding Proposal. The departmental costs connected with the event have been estimated to be approximately $16,982 and involve support in terms of personnel and equipment as follows: Police Parks/Recreation $15,616 $ 1,366 The estimated Police personnel cost for this year's event is $15,616 which represents an approximate $4500 increase from last year. The increase is a result of an expansion of the event from 10 days to 12 days, which includes two playoff final days instead of one as in the previous year. FINANCIAL IMPACT: Included in the FYOl/02 budget is $153,500 (Acct. #001-091-5186) in civic and promotion funds which are traditionally used to support events of common interest to the community. Included in this budget is $50,000 for special events contingency. Attached is a matrix illustrating how last year's budget was expended and the organizations receiving funding as well as this year's requests to-date. It is anticipated these same organizations will request funding from the FYOl/02 budget. Western Regional Little League is requesting the same amount as last year -- $5,000 and $16,982 in indirect funding to cover departmental costs. RECOMMENDATION: Adopt resolution,