HomeMy WebLinkAbout2005-258
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RESOLUTION NO.2005-258
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE CITY OF SAN BERNARDINO AND WESTERN REGIONAL LITTLE LEAGUE
BASEBALL, INC., FOR FINANCIAL ASSISTANCE FROM THE FY 05/06 CIVIC AND
PROMOTION FUND.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That 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 Little League
Baseball, Inc., for FY 05/06 Civic and Promotion funding, 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. That 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rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the adoption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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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUmORIZING EXECUTION OF AN AGREEMENT WITH THE
CITY OF SAN BERNARDINO AND WESTERN REGIONAL LITTLE LEAGUE
BASEBALL, INC., FOR FINANCIAL ASSISTANCE FROM THE FY 05/06 CIVIC AND
PROMOTION FUND.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a re~ular meeting thereof, held on
the 1st day of August
9 Council Members:
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AYES
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution
August ,2005.
Approved as to
Form and legal content:
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JAMES F. PENMAN,
City Attorney
trT-r~~.
, 2005, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
-~~~ tJ,~
City Clerk
is hereby approved this ~
day of
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ORIGINAL'
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11 A. Organization has requested financial assistance from City for the
12 Fiscal year 2005/06, in order to assist in defraying the expenses connected with the conduct of
13 events related to a baseball tournament on August 6-15, 2005, as outlined in the Request for
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Funding Assistance and letter to the City, dated July 08, 2005, copies of which are attached
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hereto marked Exhibit "A". The terms of the request are incorporated herein by reference and
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17 shall govern the uses of the funds provided herein. The financial assistance provided for in this
18 Agreement is made on a one-time basis, and receipt of said funds shall not imply a continuing
19 obligation of the City beyond the terms of this Agreement.
20 B. The expenditure is for a valid municipal public purpose, to wit: for the
21 conduct of events related to their annual Little League baseball tournament.
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2. Payment.
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24 Upon presentation of a claim to the City Finance Director, City shall pay to Little
25 League Baseball, Inc., Western Regional Headquarters, on behalf of Organization
26 from the civic and promotion budget for J:he 2005/06
27 fiscal year, the total sum ofFNE THOUSAND DOLLARS ($5,000).
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AGREEMENT
Civic and Promotion Funding
This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City" and LITTLE LEAGUE BASEBALL, INC.,
WESTERN REGIONAL HEADQUARTERS, a non-profit 501 ( c ) ( 3 ) organization, referred
to as "Organization."
The parties agree to as follows:
1. Recitals.
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
1 BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY05106 CNIC AND
PROMOTION FUND ASSISTANCE.
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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
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18 his designee copies of all receipts for expenditures connected with said program in the total
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express approval of the City of San Bernardino. Any unexpended funds shall be returned to the
City by Organization.
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Accountability.
Financial records shall be maintained in accordance with generally
accepted accounting principles by Organization for this event in such manner 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 reimbursing the City in the full amount received by Organization. At the
conclusion of the program, Organization or its designee shall present the City Administrator or
amount of FNE THOUSAND DOLLARS ($5,000).
5.
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
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of the funds paid hereunder and all operations under this Agreement. Payments hereunder are
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made with the understanding that the Cityis not involved in the performance of services or other
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FYOS/06 CNIC AND
PROMOTION FUND ASSISTANCE.
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.
6.
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.
7. Termination.
City shall have the right to terminate this Agreement and any funding
remaining unpaid hereunder at its sole discretion 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, and the Organization shall reimburse to City any funds expended which were
used for any purpose other than those authorized under this Agreement, as set forth in Exhibit
"A".
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FYOSI06 CNIC AND
PROMOTION FUND ASSISTANCE.
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Authorization to Execute.
Organization hereby covenants that it has taken all actions necessary to
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take the adherence to the obligations imposed by this Agreement a binding obligation of the
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Organization.
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10 sent by certified mail, postage prepaid, addressed as follows:
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11111
9.
Notices.
All notices herein required shall be in writing and delivered in person or
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 Administrator
Attn: James Gerstenslager, Executive Director
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE
BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY05/06 CNIC AND
PROMOTION FUND ASSISTANCE.
10. Entire Agreement.
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This Agreement and any documents or instruments attached hereto or
referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and
supersede all negotiations and prior writing in respect to the subject matter hereof. In the event
of conflict between the terms, conditions or provisions of this Agreement, and any such
document or instrument, the terms and conditions of this Agreement shall prevail.
In witness whereof, the parties hereto have executed this Agreement on the day and date
first above shown.
ATTEST:
BY:~~,h.~
City'Clerk
Approved as to form
And legal content:
James F. Penman
City A orney
By.
LITTL LEAGUE BASEBALL, INC.
WESTERN REGIONAL HEAD ARTERS
By
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Received: 8/16/05 9:29AM;
AUG-16-2005 rUE 01 :13 PM
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CIty of San Bernardino, its departmenta, agencies. boerd&. commlHlons, e1ect8d officials, offlcers, attorneys. employees and
agents named as additional (nsul1Ids relating to a grant award to ~ UtIle League BalHlbell Tournament held August 6-15. 2005
C!RTlFlCA11! HOLDER
Mayor's Office
City of San Bernardino
San Bemardlno, CA 92407
ACORD 211 (2001/11)
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