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Home My WebLink About2006-274 .' 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. 2006-274 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 2006/07. 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 2006/07 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 $39,176 is further authorized to be transferred from the civic and promotion fund to various general fund departmental accounts as noted in the staffreport included as Attachment "B". 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption ofthis resolution. 1111/ /1111 /1111 /1111 /1111 1111/ 1111/ " 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 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 06/07. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Corrunon Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 24th day of July , 2006, by the following vote to-wit: NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA x BAXTER x McGINNIS x DERRY -1L- KELLY x JOHNSON x MCCAMMACK x ~el.J h.~ City Clerk ,,!t-- The foregoing resolution is hereby approved this d-1 day of July 2006. &r--~ P 'ck. M~rris, May~ City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: 2006-274 The parties agree to as follows: 1. Recitals. AGREEMENT 2006-274 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE 1 BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY06107 CIVIC AND PROMOTION FUND ASSISTANCE. 2 3 3. Use of Funds. 4 5 The funds paid on behalf of Organization shall be used solely for the purposes set 8 City by Organization. 9 10 11 4. 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 12 easily trace the expenditure of the funds. All books and records of Organization for this event 13 14 are to be kept open for inspection at any time during the business day by the City or its officers 15 or agents. Failure to submit the financial records in accordance with this section will result in the 16 Organization reimbursing the City in the full amount received by Organization. At the 17 conclusion of the program, Organization or its designee shall present the City Administrator or 18 his designee copies of all receipts for expenditures connected with said program in the total 19 amount of FIVE THOUSAND DOLLARS ($5,000). 20 21 22 23 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, 24 attorneys, employees and agents from all liabilities and charges, expenses (including counsel 25 26 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 27 made with the understanding that the City is not involved in the performance of services or other 28 2 2006-274 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE 1 BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY06/07 CNIC AND PROMOTION FUND ASSISTANCE. 2 3 4 5 6 7 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. 8 While not restricting or limiting the foregoing, during the term of this 9 Agreement, Organization shall maintain in effect policies of comprehensive public, general and 10 11 12 13 14 15 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 16 days prior written notice to the City. 17 7. Termination. 18 City shall have the right to terminate this Agreement and any funding 19 remaining unpaid hereunder at its sole discretion by mailing a ten-day written notice to 20 Organization and this Agreement shall terminate ten days after the mailing of such notice. In the 21 event this Agreement is terminated for reasons of improper use of funds or use of funds for any 22 23 purpose other than those authorized, any unexpended portion of the funds provided by City shall 24 be returned to City, and the Organization shall reimburse to City any funds expended which were 25 used for any purpose other than those authorized under this Agreement, as set forth in Exhibit 26 "A". 27 28 3 2006-274 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE 1 BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY06/07 CIVIC AND PROMOTION FUND ASSISTANCE. 2 3 4 5 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to take the adherence to the obligations imposed by this Agreement a binding obligation ofthe 6 Organization. 7 8 9 9. Notices. All notices herein required shall be in writing and delivered in person or 10 sent by certified mail, postage prepaid, addressed as follows: 11 12 13 14 15 16 17 18 19 II II I 20 21 22 23 24 25 26 27 II II I 28 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 Manager Attn: James Gerstenslager, Executive Director 11111 11111 11111 11111 11111 11111 11111 4 2006-274 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE 1 BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY06107 CIVIC AND PROMOTION FUND ASSISTANCE. 2 3 4 10. Entire Agreement. 5 6 This Agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 7 8 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 9 of conflict between the terms, conditions or provisions of this Agreement, and any such 10 11 document or instrument, the terms al\d conditions of this Agreement shall prevail. In witness whereof, the parties hereto have executed this Agreement on the day and date 12 first above shown. 13 14 15 16 17 18 CITY OF SAN BERNARDINO By. LITTLE LEAGUE BASEBALL, INC. WESTERN REGIONAL HEADQUAR ERS ~ 19 20 ATTEST: 21 /"") By: ~..( 22 City lerk 23 24 11.~ Approved as to form: 25 James F. Penman City A orney 26 27 28 5 ::c - :0 J: ~ '" ~ o Q Z ::I I&. Z o 1= o ::E i ... Q ~ o :; U ~ 8~ g ,...: 0<<> r...: N O"lt II) I: ~~ l~~ I g'18 gl I ci ~ r...: o ~ ,", I I~I~ l~! i '.... 1..1 ~'~ ~II ~~' I g......' 10.... ~I~I i~ I ~I; I , i++I," li"1 rH 11.,,~~III~li~11 Iii ~Iil II _ 1....,'0 '01 '=1'0 ':c,.S=.1: -01.5 II ~ T I ~ I g' ,0 Ii '::I 1 I~ I I i~ l~ ,,, ." 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