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HomeMy WebLinkAbout1980-230 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. '?O-d.8CJ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LITTLE LEAGUE BASEBALL, INC. RELAT- ING TO FUNDING FOR THE WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT. 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 Little League Baseball, Inc. relating to funding , i I, for the Western Regional Little League Tournament, a copy !of which is attached hereto, marked Exhibit "A" and incor- Iporated herein by reference as fully as though set forth lat length. I I I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a '9-~ , 1980, by the following meeting thereof, held on the day of 0< , \vote, I to wit: I I I '! I I :j iJ dry NAYS: Councilmen ~JUt-../~ rx%"" i d' tI/ ~ &;;'/Jd/) ~-l ~""wt'j'~ ~_L.If!. ;- JlyL~J AYES: W,.L-_;, ' ABSENT: of I I foregoing resolution , 1980. , II Appro I City At I 1 A G R E E MEN T 2 (Western Regional Little League Tournament) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 LITTLE LEAGUE BASEBALL, INC., a nonprofit organization, referred 6 to as "Organization". 7 The parties agree as follows: 8 1. Recitals. 9 (a) The Mayor and Common Council of City are willing 10 to appropriate certain funds from the General Fund or special 11 funds for the use of various community organizations upon 12 icertain conditions and with the understanding that receipt of 13 said funds shall not imply a continuing obligation of the City 14 beyond the term of this agreement. 15 (b) Organization has represented that the expendi- 16 tures authorized by this agreement are for valid municipal public 17 purposes, to wit: the Western Regional Little League Tournament 18 and the resultant promotion and publicity of the City of San 19 Bernardino. 20 2. Payment. City shall pay to Organization the sum of 21 THREE THOUSAND FIVE HUNDRED DOLLARS ($3500.00) \lpon execution of 22 this agreement. 23 3. Purpose. The funds paid to Organization shall be 24 used by it solely for the purposes set. forth in Exhibit "I", 25 attached hereto and incorporated herein by reference as fully as 26 though set forth at length, during the period set forth in 27 Exhibit "I". A ten percent (10%) or less transfer of funds shall 28 be allowed on any budget line item, provided the prior approval I . . 1 of the Director of Finance is first had and obtained. At the end 2 of said term, any unexpended grant funds shall be returned to 3 City by Organization. 4 4. Accounting. Prior to the expiration of this agree- 5 ment and at such times as may be requested by the City Adminis- 6 trator or Director of Finance of City, Organization shall submit 7 to the City Administrator, with a copy to the Director of 8 Finance, an accounting of the proposed and actual expenditures of 9 said funds, including the line item amounts and purposes for 10 which said funds have been spent or obligated. Fiscal records ISha11 be maintained by Organization in such a manner as to permit the City to easily trace the expenditures of the funds. All 11 12 13 books and records of Organization are to be kept open for inspec- 14 tion at any time during the business day by the City or its 15 IOfficers or agents. The accounting report shall be submitted by 16 IOrganization in conformance with established City guidelines. 17 i iOrganization shall comply with any rule or regulation of the lMayor and Common Council concerning use of the funds granted , I , Ihereunder as may be now in effect or hereinafter enacted. II 5. Discrimination. OrganiZ<;ltion shall not discriminate " 'as to any person because of race, color, creed, or sex. Organ i- , I Ization shall have and comp~y with Affirmative Action guidelines !in its employment practices. i 18 19 20 21 22 23 24 6. City"s Consent for Imposition of Charges. City re- 25 serves the right to require Organization to obtain the prior 26 Iwritten consent of City for the imposition of any charges or Ifees, and the amounts thereof for such funded activities, and of ,Iany rules and regulations governing said activities. 27 28 -2- , I . . 1 7. Hold Harmless. Organization hereby covenants and 2 agrees to indemnify and save harmless the City and its employees 3 and agents from all liabilities and charges, expenses (including 4 counsel fees), suits or losses however occurring, or damages 5 arising or growing out of the use or receipt of the funds paid 6 hereunder and all operations under this agreement. Payments 7 I hereunder are made with the understanding that the City is not i 8 involved in the performance of services or other activities of 9 Organization. Organization and its employees and agents are 10 independent contractors and not employees or agents of the City 11 iin performing said services. 12 8. Termination. If Organization shall fail to comply 13 with any term, condition or provision of this agreement, or to 14 expend or use the funds as herein provided, City may terminate 15 this agreement by mailing written notice to Organization, and 16 this agreement shall thereupon terminate forthwith. 17 city shall have the right to terminate this agreement 18 [and any funding hereunder for any reason by mailing a ten (10) 19 day written notice to Organization and this agreement shall 20 terminate ten (10) days after the mailing of such notice; and 21 thereafter any unused funds shall be returned to City. 22 9. Notices. All notices herein required shall be in 23 writing and delivered in person or sent by certified mail, 24 postage prepaid, addressed as follows: 26 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Little League Baseball, Inc. 6707 Little League Drive San Bernardino, CA 92407 25 27 28 -3- ~ ..."...,., . . . . . . "';;f.-' .~ . . 1 10. Assignment. Organization shall not assign this agree- 2 ment without the written consent of City. 3 DATED: 4 ATTEST: 5 6 ~4/4.~U/ c1ty Clerk 7 8 9 10 11 Approved as to form: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLE LEAGUE BASEBALL, INC. By~0.!fi.- Title #~ -4- . . . " . LITTLE lEAGUE BASEBALL WESTERN REGIONAL },J~i~~ ;fY,,..,,,, 'I.~:'.' r" ~.' "',\~. ~ f!,I.!. .J "1',-':, I"', ',., '", \ 'i I; r 0 \ \ j" \ \..;,.' ,_! ',~. ~.T, '.-' :~:{ ,-~'?/ ~/ HEA~QUARTERS / / ! l.r " I , i Hay'6th, 1980 \, .--\ nonorable Nayor H.P.. J1olcornb Hayor (, Corr,TIlon Council 300 North D Street San Bernardino, Ca. 921.18 f://j'><" c. f......;\ '::. 1,,:/ Ol (. v OF'- ~.. I "<ill i.i ..i:'..... " \ -' f:rr:Jf;j......c:: /. -' / , '/,_ If/O ""'~', ,,":~ <" I'/_'hl'\"<; \/ ' '.....t...... f:') ':';;.~""( .......~_.........~ Dear Hayor Bob: He are well underway with our plans for the 1980 "estern Regional Little League tournament which will be held here during the period of August 15th thru August 23rd, 1980. I am writing to rElspectfully request your consideration at the May 19th, 1980 City Council me"ting to continue the annual allocation of $ 3500.00 to make possible the following extra curricualar events, which add a special dimension to the tournament. Transportation (teams to and from the Airport) Get Acquainted Picnic (feed 600) V.I.P.l,uncneon 700.00 650.00 1.00.00 1100.00 650.00 3500.00 Th,-'l is the same budget I have submitted in the past and last year we spent S 36!~B.34, which reflects a $ 148.31~ d0ficit. Tr:aZi::<TC::-:-?tiGn---D16'lr::y1.fiD.(1 ( It';. teams) Parents Co -munity l.uncheon Our transportation costs for bringing the teams in for the 1979 tournament were $ 36,000.00 and already this figure has jumped to $ 46,000.00 with the increased plane fares. Other increases are anticipated before AUBust. Each year tl~e tournament grows in popularity and we are anticipating 60,000 people in attendance for the 19RO games. Our continuin8 physical development should make a favorable impression on our visitors, since here again each year our facility improves in appearance. My thanks are extended to you and the Council members for your consideration of this request and also for the outstanding support you have given in the past. . Gr!tefull,Y, 1, '------~ J:::s ~-e~&:-/ ' Western ~eg~bnal Director That the City Attorney be directed to prepare an agreement whereby Western Regional Little League will provide certain advertising and promotional services for the benefit of the city, at a cost not to exceed $3,500. /' FORM MOTION: C:"Jn"J I ITTI ~ I s:'1\r::.lts::' nOI\JI:' 6yALd c:..o.1'I.I Rt:'DN.o.onINn /~, ,i", J.., ("'AI It:'nOl'l.ltA Q'lJln., "'JlHlO" C.1I11J1