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HomeMy WebLinkAbout2000-210 " 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. 2000-210 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 2000/01 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECITON 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 from FY 2000101, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. III III III III III III III III III III .. 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 2000-210 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 2000/01 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting thereof, held on the 24th day of July , 2000, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ ~ SUAREZ x ANDERSON x MCCAMMACK x (;f~/~.~ City Clerk (If, t--_ oilY day of July The foregoing resolution is hereby approved this 2000, C1{~ , I ;{idith Valles, Mayor U ty of San Bernardino Approved as to Form and legal content: JAMES F, PENMAN, City Attorney 27 By: 28 " 2000-210 1 2 3 4 5 6 BASEBALL, INC. , a non-profit organization, referred to as "Organization." 7 The parties agree to as follows: 8 1. Recitals, 9 10 11 12 and Common Council, a copy of which is attached hereto marked Exhibit "A". The terms of the 13 14 request are incorporated herein by reference and shall govern the uses of the funds provided 15 herein. The financial assistance provided for in this agreement is made on a one-time basis, and 16 receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this 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 A. Organization has requested financial assistance from City for the Fiscal year 2000101, in order to assist in defraying the expenses connected with the conduct of events related to the 2000101 budget year, as outlined in their Request for Funding to the Mayor 17 agreement. 18 19 20 2. 21 22 B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their 2000101 Tournament Season. Payment. Upon presentation of a claim to the City Finance Director, City shall pay 23 to organization from the civic and promotion fund budget for the 2000101 fiscal year, the total 24 sum of FIVE THOUSAND DOLLARS ($5,000.) 25 26 27 28 2000-210 . 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Accountability. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such marmer 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. -2- .' 2000-210 1 2 While not restricting or limiting the foregoing, during the term of this 3 agreement, Organization shall maintain in effect policies of comprehensive public, general and 4 5 automobile liability insurance, in the amount of $ 1,000,000, per occurrence combined single 6 limit, naming the City of San Bernardino as additionally insured. 7 7. Termination. 8 City shall have the right to terminate this agreement and any funding 9 remaining unpaid hereunder for any reason by mailing a ten-day written notice to Organization 10 and this agreement shall terminate ten days after the mailing of such notice. In the event this 11 agreement is terminated for reasons of improper use of funds or use of funds for any purpose 12 13 other than those authorized, any unexpended portion of the funds provided by City shall be 14 returned to City. In addition, Organization shall reimburse to City any funds expended which 15 were used for any purpose other than those authorized under this agreement. 16 8. Authorization to Execute, 17 Organization hereby covenants that it has taken all actions necessary to 18 make the adherence to the obligations imposed by this agreement a binding obligation of the 19 organization. 20 21 22 23 24 25 26 27 28 6, Insurance. IIIII I I I I I I I I I I IIIII IIIII I I I I I IIIII IIIII -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 10. Entire Agreement. 14 This agreement and any documents or instruments attached hereto or 15 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 16 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 17 of conflict between the terms, conditions or provisions of this agreement, and any such document 18 or instrument, the terms and conditions of this agreement shall prevail. 19 20 21 22 23 24 25 26 27 28 2000-210 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 I I I I I I I I I I IIIII I I I I I I I I I I I I I I I I I I I I IIIII IIIII -4- 2000-210 AGREEMENT WITH WESTERN REGIONAL LITTLE LEAGUE FOR FINANCIAL ASSISTANCE FROM CIVIC AND PROMOTION FUND FOR FY2000jOl 1 In witness whereof, the parties hereto have executed this agreement on the day and date 2 first above shown. 3 4 5 6 7 S RN REGIONAL LITTLE LEAGUE BAS~I.:' INC. By. d~~~ Michael E. Legge 8 9 10 11 ATTEST: 12 By: ~.h,c~ 13 City lerk 14 Approved as to form 15 And legal content: 16 James F. Penman City Attorney 17 ~ 18 By: ~7~ 19 {l 20 21 22 23 24 25 26 27 28 -5- ~ e '" '" >- u. o Z ::J u. Z o ;:: o ::0 o a: 0. o Z <( o ;;: U 013 ~ " o 0" "ii1ii ..0 ., 'E .5 E';; 0" 0::0 .. u ~ '" OJ CD .., ~ " u. .., l!! ~ ~ " ~ ~ " o E <( .., " ;; " " .. a: " " o E <( " .... ~ '6 ~ , u. ~ ~ .. > w ~ :8 '" N 02 '" o o o '" ri '" .. .E .., ~ .! o ~ ~ .... 00 00 c:::ici 00 00 u1N .. .. t3 U ~ ~'6 '6.!; c .. 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