HomeMy WebLinkAbout1983-388
.... ",,~jo'..
,.
..\
.
[. I
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
,$-. --,:. ^--""
- ;.....-"' -._ ,F'
"'i"-
RESOLUTION NO. 83,.338
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH AMERICAN YOUTH SOCCER ORGANIZATION
RELATING TO FUNDING FOR THE CONSTRUCTION OF AN IRRIGATION SYSTEM
AND LANDSCAPING FOR A SOCCER FIELD.
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 American Youth Soccer Organization relating to
funding for the construction of an irrigation system and
landscaping for a soccer field, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
J;lernardino at a
regular
meeting thereof, held on
the 21st
day of
Noveli'ber
, 1983, by the following vote,
to wit:
AYES:
Council Members
Castaneda. Reillv,
Marks, Quiel, Frazier, Strickler
NAYS:
Council ~e~ber Hernandez
ABSENT:
!lone
~~~~
/ l.ty ler
The foregoing resolution is hereby approved
c:2/ d day
of
November
, 1983.
",
."
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
--.'11I' .
1
Approved as to form:
2
~U//~
City torney
3
4
5
6
7
8
9
10
11
12
13
14
J>;'\i;1, ..~<-_ i'e,:;';:'- .
2
'''''-.'.'< .
J
,~~~ "~_""J"!'tl~,.
,"
"
'~;1!:..-'il,,;;,,,,",:,>-_-.o;.
: "..
Y;-<'
.. ;/-', -- ~ .
(-.--- ~,
I
A G R E E MEN T
2 (Community Service Organization)
3 THIS AGREEMENT is entered into at San Bernardino, California,
4 between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City", and AMERICAN YOUTH SOCCER ORGANIZATION, a
6 nonprofit community service organization, referred to as "Service
7 Organization".
8 City and Service Organization agree as follows:
9
1. Recitals.
to
(a) Service Organization has requested financial
II assistance from City.
12
(b) Service Organization represents ~hat the
13 expenditures authorized by this agreement are to be used for the
14 construction of an irrigation system and landscaping at the former
15 Highland Junior High School site leased by Service Organization
16 and being used for soccer. A valid municipal public purpose
17 exists in that Service Organization assists the youth of San
18 Bernardino by providing recreational opportunities available to
19 all young people in the area, and the irrigation system and
20 landscaping are needed to make the field playable.
21
2. Payment. City shall pay to Service Organization a sum
22 not to exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) payable as
23 follows: NINE THOUSAND DOLLARS ($9,000.00) immediately and the
24 remaining SIX THOUSAND DOLLARS ($6,000.00) upon presentation to
25 City's Finance Director of evidence that the first NINE THOUSAND
26 DOLLARS has been expended for the purposes set forth herein. Not
27 later than June 30, 1984, Service Organization shall provide to
28 Finance Director evidence that the entire FIFTEEN THOUSAND
, 'W'~~-
DOLLARS advanced has been expended for the purposes of this
agreement. Any sums not so expended shall be repaid to City.
3. Term. This agreement shall commence November 22, 1983, and
terminate June 30, 1984.
4. Use of Funds. The funds paid to Service Organization
shall be used by it solely for the purposes set forth in
Paragraph 1 (b) of this agreement.
5. Accounting. Not later than June 30, 1984, Service
Organization shall submit to the City Administrator, with a copy
to the Director of Finance, an accounting of all funds expended
by Service Organization for the construction of the irrigation
system and landscaping- at the sChool site. All books and records
of Service Organization are'to be kept open for inspection at any
time during the business day by the City or its officers or
agents.
6. Services Available to Residents. The services of Service
Organization shall be made available to residents and inhabitants
of the City of San Bernardino.
7. Hold Harmless. Service Organization agrees to indemnify
and save 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 funds paid under this agreement, and all
operations under this agreement. Payments under this agreement
are made with the understanding that the City is not involved in
the performance of services or other activities of Service
Organization. Service Organization and its employees and agents
are independent contractors and not employees or agents of City.
-2-
.
.,,~~~
.
~.
'",
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
..
,-
~
8. Termination. City shall have the right to terminate this
agreement and any funding of Service Organization for any reason
by mailing a ten day written notice to Service Organization and
this agreement shall terminate ten days after the mailing of such
notice.
9. Amendment. This agreement may be amended or modified only
by written agreement signed by both parties and failure on the
part of either party to enforce any provision of this agreement
shall not be construed asa waiver of the right to compel
enforcement of any provision or provisions.
10. Assignment. This agreement shall not be assigned by
Service Organization without the prior written consent of City.
11. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City Administrator
Ci ty Hall
300 North "0" Street
San Bernardino, CA92418
Frank. Schuma
2565 Orange
Highland, CA 92346
DATED:
7~ a<?/Y.P1
CITY
ATTEST:
~/L?1/1~~
e'ity Cler
Approved as to form:
SOCCER ORGANIZATION
Title
~J')AlP~
i ty torn'ey
'~{~
-3-