HomeMy WebLinkAbout1986-136
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RESOLUTION NO. 86-136
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN
3 BERNARDINO, SAN BERNARDINO YOUNG MEN'S CHRISTIAN ASSOCIATION AND
NETWORK ENTERPRISES, INC. PERTAINING TO THE SUPER RUN II -
4 AMERI CA 's RACE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The execution by the Mayor of the City of San
8 Bernardino on behalf of said City of an agreement between the City,
9 San Bernardino Young Men's Christian Association and Network
10 Enterprises, Inc. pertaining to the Super Run II - America's Race,
11 a copy of which is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at
13 length, is hereby approved and ratified.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
regular
meetipg thereof, held on
17 the
April
, 1986, by the following vote,
7th day of
18 to wit:
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AYES:
Council Members Estrada R~ i 11 Y all i pl.
Frazier Strir.k1p.r
NAYS:
Council Member Marks
ABSENT:
Council Member Hernandp.7
~#Rt?/~~
/' City Clerk
i s h-€r~by approved th i s //fA~1
/6 .
day
The foregoing resolution
of
April
, 1986.
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AGREEMENT
(SUPER RUN II - AMERICA'S RACE)
THIS AGREEMENT is entered into this
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day of
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, 1986, among NETWORK ENTERPRISES, INC., hereinafter
"Network", the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter referred to as "City", and the SAN BERNARDINO YOUNG
MEN'S CHRISTIAN ASSOCIATION, hereinafter referred to as Y.M.C.A.,
for all matters pertaining to the Super Run II - America's Race,
hereinafter referred to as "SRAR".
City, Y.M.C.A. and Network agree as follows:
I. RECITALS.
A. In accordance with the action of the Mayor and Co~~on
Council on January 20, 1986, City and Y.M.C.A. will host for all
County Participants a County lOK qualifying race and Mayor's 1-
Mile Fun Walk hereinafter referred to as "Event". The Event will
be held in the month of April, 1986, in the City of San
Bernardino.
B. Each contestant, whether in the lOK Run or the I-Mile
Mayor's Fun Walk, will receive a certificate, a running bib, a
discount certificate to purchase an official SRAR contestant t-
shirt, eligibility for post-event drawing for sponsor provided
merchandise prizes and complementary post-event refreshments.
Those contestants who complete the designated course will receive
C011lP'.~morative finisher pins.
C. Finalist runners of the County lOK race will represent
the County in the State qualifying lOK race. If said County
finalists are finalists in the State lOK race, they will compete
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in the May 24, 1986 Memorial Day SRAR National Championship at
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Lake Tahoe, California.
D. Network has agreed to pay the expenses of County
4 finalists in the State 10K race and the City has agreed to pay
5 the expenses of County finalists of the State 10K race entered in
6 the Memorial Day SRAR National Championship.
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II. DUTIES AND RESPONSIBILITIES OF NETWORK.
Network shall serve as the central management and
9 implementation organization for said Event. As such, Network
10 will provide the City with the following support:
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A. Local Level Support. At the local level, Network
12 shall provide a step-by-step operating procedure manual and a
13 variety of support amenities including entry applications,
14 contestant running bibs, commemorative certificates for all
15 entrants, Event reflecting lapel pin for contestants who complete
16 the designated course, trophies, post-event refreshments,
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17 start/finish banner, course signage, liability insurance
18 coverage, national nhot linen race director consulting service,
19 plus promotion and publicity assistance, and loan of a Zenith PC
20 computer for contestant registration.
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B. For each contestant entering in the County Event,
22 Network agrees that Y.M.C.A. will receive $2.50 per paying
23 entrant.
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C. Network agrees to pay the expenses of the finalists
25 in the County 10K race for competing in the State 10K qualifying
26 race.
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III. DUTIES AND RESPONSIBILITIES OF CITY AND Y.M.C.A.
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1 A. Staging of Event. On a weekend day in April, 1986, City
2 and Y.M.C.A. shall stage Event which includes (1) a 10K
3 qualifying run; and (2) a I-Mile Mayor's Fun Walk.
4 B. Preparations Required for Event. City and Y.M.C.A.
5 shall be responsible for selecting and marking the 10K Run course
6 and the I-Mile Mayor's Fun Walk; provide staging and safety
7 personnel plus race related amenities not provided by Network,
8 e.g., finish-line clock, public address system, tables, chairs,
9 safety cones, barriers, etc.
10 C. Registration and Identification of Contestants. City
11 and Y.M.C.A. shall be responsible for registering County
12 contestants, forwarding information to Network, planning for and
13 staging Event as set forth in the SRAR manual, verifying the
14 identity of the 10K Run winners, and checking the accuracy of
15 their application.
16 D. Race Management and Decision Authority. City and
17 Y.M.C.A. agree to plan, manage and implement Event in accordance
18 with procedures and schedules set forth in the SRAR operations
19 manual provided by Network. For resolution of any Event
20 questions/decisions occurring outside the scope of said manual,
21 consultation shall be had with Network.
22 E. Course Selection. City and Y.M.C.A. shall select, mark
23 and barricade as needed, a safe and suitable course for the 10K
24 Run and the Mayor's I-Mile Fun Walk.
25 F. Entry Fees. City and Y.M.C.A. shall follow procedures
26 established in the SRAR manual for entry form distribution and
27 entrant registration. Each 10K run and I-mile walk contestant
28 shall pay an entry fee of $5.00.
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1 G. Personnel. City and Y.M.C.A. shall provide personnel
2 necessary for contestant registration, local promotion and
3 publicity, safe and professional Event staging, plus post-event
4 fOllow-up duties outlined in SRAR operations manual.
S. H. Race Materials. Race materials not provided by Network
6 shall be provided by City and Y.M.C.A.
7 I. Payment to Network of Portion of Entry Fees. Cumulative
8 data and collected entry fees (less $2.50 per entered contestant)
9 shall be paid to Network within two weeks after the running of
10 the County 10K qualifying race and the I-Mile Mayor's Fun Walk.
11 J. National Championship Expenses. Two County contestants
12 qualifying for the National Championship race are scheduled to
13 share deluxe accommodations in the Lake Tahoe area (two men
14 contestants or two women contestants per room). City shall pay
15 for the cost of each contestant's stay from Thursday through
16 Sunday evening, including special menu meals in an amount not to
17 exceed $350.00 per contestant. (If City wants to provide single
18 room lodging for its contestants, the lodging/meal cost shall be
19 increased in an amount no to exceed $640.00 per contestant).
20 K. Early Arrivals/Late Departures. If contestants
21 qualifying for the National Championship race want to arrive
22 earlier in the week or desire a post-event mid-week departure,
23. Network has arranged for 50% off daily week-day Hilton room
24 rates. Contestant must follow routine hotel check-in procedures,
25 i.e., present driver's license and major credit card upon check-
26 in. In no event shall City or Y.M.C.A. be responsible for any
27 costs in connection with said early arrivals/late departures.
28 IV. OTHER SPECIFIC TERMS AND CONDITIONS.
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1 A. Sponsorship and Program Participation. No individual,
2 company, entity or organization may participate in the National
3 Championship lOK race without obtaining a written license from
4 Network. Network shall provide a list of Official Event sponsors
5 and keep City and Y.M.C.A. informed of any additions thereto.
6 Under no circumstances shall any sponsor be allowed to
7 participate in any SRAR program without written approval from
8 Network. Neither shall any product, service or commercial entity
9 be reflected by display, signage, product sampling or sale
10 thereof, or in any capacity be allowed site exposure at or in
11 conjunction with any such race program. Any sponsorship
12 inquiries or requests should be directed or referred to Network.
13 B. ~. The terms of this Agreement shall begin on the
14 date this Agreement is executed by a duly authorized
15 representative of the City and continue through the completion
16 and performance of all duties relative to the local qualifying
17 Event(s) and the SRAR National Championship.
18 C. Ownership. City and Y.M.C.A. understand and agree that
19 all concepts, names, logos, materials, and other items relative
20 to the SRAR are the property of and/or under the contractual
21 control of Network Enterprises, Inc., and may not be used for any
22 purpose other than the implementation of the SRAR Events without
23 the written consent of Network Enterprises, Inc.
24 D. Cancellation. Network reserves the right to modify,
25 cancel or to postpone part or all of the SRAR at any time during
26 the term of this Agreement. In such event, Network shall
27 reimburse the City and Y.M.C.A. for any and all Event related
28 expenses incurred.
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1 V. GENERAL TERMS.
2 A. The parties hereto agree that Y.M.C.A. will co-host,
3 plan," manage and stage the IOK Run and the Mayor's I-Mile Fun
4 Walk; and collect and disburse all contestants' entry fees.
5 B. Parties hereto acknowledge that Network's national
6 headquarters, national championship staging, general performance,
7 national television broadcast agreement, and day-to-day business
8 transactions take place within San Bernardino County, State of
9 California. Therefore, this Agreement shall be deemed accepted
10 therein with any and all collaterally related issues governed by
11 California law. Should any dispute, action or legal proceeding
12 arise out of this Agreement, parties hereto stipulate that said
13 disputes, actions or proceedings shall be filed and litigated in
14 the Central District of San Bernardino County's Municipal or
15 Superior Court, San Bernardino, California.
16 C. This Agreement is non-assignable.
17 D. This Agreement is the sole and only Agreement, whether
18 written or oral, between said parties. It contains the entire
19 mutual understanding of all parties with full understanding that
20 any modifications must be evidenced in writing.
21 E. Any provision of this Agreement found by a court to be
22 void or unenforceable shall not affect the validity or
23" enforceability of any other provision.
24 F. Notices hereunder shall be in writing and delivered in
25 person, by certified mail (return receipt requested), Federal
26 Express Courier or by telegraph at the respective addresses of
27 the parties shown herein. Notice shall be deemed given on the
28 date of personal delivery or date of receipt.
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City of San Bernardino
300 North nDR Street
San Bernardino, CA 92418
Network Enterprises, Inc.
c/o Lake Arrowhead Hilton
Lake Arrowhead, CA 92352
and
Young Men's Christian
Association
216 W. Sixth Street
San Bernardino, CA 92401
G. A waiver of any provision hereof of the breach of any
provision by any party in one instance shall not be deemed given
on the date of personal delivery or date of receipt.
H. Provision headings are solely for convenience and have
no legal significance.
I. Nothing herein shall make parties agents and/or joint
venturers of the other. Parties are independent contractors with
respect to one another, and neither shall have any authority to
represent or bind the other in any manner or to any extent
whatsoever.
J . Use of event trademark, service mark), copyr ight
graphics, ev~nt logos, designs, etc., may only be used in
conjunction with said event and only for the term of this
Agreement. This right is non-assignable and nontransferable.
Under no circumstances does City or Y.M.C.A. have the right to
reproduce any of the aforementioned on any product or service,
nor shall any item be sold or given away that bears same unless
obtained from Network and/or a duly authorized and licensed
agent.
K. Each party agrees at all times to be fully responsible
for any and all loss or damages and claims directly or indirectly
arising out of or alleged to arise out of its operations under
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1 this Agreement or arising out of or in connection with its breach
2 or alleged breach of any provision of this Agreement, or any act
3 or omission to act by such party, its employees, servants and
4 agents in the performance of this Agreement; and, such party
5 shall indemnify and hold the other parties harmless from any and
6 all loss, damages, costs, expenses, claims, liabilities and
7 judgments (including reasonable attorneys' fees) arising out of
8 or in connection with said operations, breach of this Agreement,
9 the prevailing party shall be entitled to reasonable attorneys'
10 fees and related costs.
11 L. During the term of this Agreement, Network at its cost
12 and expense shall provide and maintain in full force and effect
13 comprehensive general liability and property damage insurance
14 with a single combined liability limit of two hundred thousand
15 dollars ($200,000) insuring against all liability arising out of
16 and in connection with this agreement. All public liability
17 insurance and property damage insurance shall insure performance
18 by Network of all the indemnity provisions hereof and shall
19 contain the following provisions:
20 The City shall be named as an insured and the
21 policy shall contain standard cross-liability
22 endorsements. There will be no right of recovery or
23 subrogation against the City of San Bernardino, it being
24 the intention of the parties that the policy shall
25 protect both parties and be primary coverage for any and
26 all losses covered by the policy. There shall be no
27 recourse by the company issuing the policy against the
28 City of San Bernardino for payment of any premiums or
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assessments under any insurance policy, but the City of
San Bernardino may choose to pay such premiums or
assessments in the event of default of any other party
4 to this Agreement. Any deductibles in the insurance
5 policies shall be assumed by and at the sole risk of
6 Network, and any such deductible shall not exceed ten
7 percent.
8 Prior to the effective date of this Agreement or to
9 the commencement of work or the exercise of any rights
10 hereunder, Network shall provide at its cost and expense
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proof of the required insurance.. aHd a copy-e-f---t-he-._~
4~FanC-e---pe-l-i'eY.'-f&f'-'-ilWfe-va-l-'-by the Risk Uanagement.-
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M. Whenever approval, consent, information or data is
15 herein required of any party, the same shall not be unreasonably
16 or arbitrarily delayed or withheld.
17 IN WITNESS WHEREOF, the parties hereto have executed this
18 Agreement on the day and year first written above.
By
Producer
19 INC.
Attest:
YOUNG MEN'S CHRISTIAN
ASSOCIATION
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c1'ty Clerk
By ~ p/~
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Approved as to form:
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t/'G.:L . , ~~/
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Clty Attorney
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