HomeMy WebLinkAbout1986-281
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RESOLUTION NO. 86-281
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LITTLE LEAGUE BASEBALL, INC.,
3 RELATING TO FUNDING FOR THE WESTERN REGIONAL LITTLE LEAGUE
TOURNAMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Little League Baseball, Inc., relating to funding
9 for the Western Regional Little League Tournament, a copy of which
10 is attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a regular meeting thereof, held on
15 the 7th day of July , 1986, by the following vote,
16 to wit:
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Council Members
AYES:
Reilly, M~rks
all i p 1 Frrl7 i ~ r
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Strickler
None
NAYS:
Council Members Estrada, Hernandez
ABSENT:
A.&/ff~a~
./' City Clerk
approve)/~hiS
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/;.._.1 v _...A\-- /
he City of San
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IO"{10 day
The foregoing resolution is ~&f,eby
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July , 1986. /-
24 of
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26 Approved as to form:
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28 City At(orney
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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.
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A. The Mayor and Common Council of City are willing to
10 appropriate certain funds from the General Fund or special funds
11 for the use of organization upon certain conditions and with the
12 understanding that receipt of said funds shall not imply a
13 continuing obligation of the City beyond the term of this
14 agreement.
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B. organization has represented that the expenditures
16 authorized by this agreement are for valid my~icipal 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 THREE
21 THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) upon execution of this
22 agreement.
23 3. Purpose. The funds paid to Organization shall be used by
24 it solely for the purposes set forth in Exhibit "I", attached
25 hereto and incorporated herein by reference as fully as though set
26 forth at length, during the period August 1, 1986 through August
27 31, 1986. A ten percent (10%) or less transfer of funds shall be
28 allowed on any budget line item, provided the prior approval of
1 the Director of Finance is first had and obtained. At the end of
2 said term, any unexpended grant funds shall be returned to City by
3 organization.
4 4. Accounting. Prior to the expiration of this agreement
5 and at such times as may be requested by the City Administrator or
6 Director of Finance of City, organization shall submit to the City
7 Administrator, with a copy to the Director of Finance, an
8 accounting of the proposed and actual expenditures of said funds,
9 including the line item amounts and purposes for which said funds
10 have been spent or obligated. Fiscal records shall be maintained
11 by organization in such a manner as to permit the City to easily
12 trace the expenditures of the funds. All books and records of
13 organization are to be kept open for inspection, at any time
14 during the business day, by the City or its officers or agents.
15 The accounting report shall be submitted by organization in
16 conformance with established City guidelines. Organization shall
17 comply with any rule or regulation of the Mayor and Common Council
18 concerning use of the funds granted hereunder as may be now in
19 effect or hereinafter enacted.
20 5. Discrimination. organization shall not discriminate as
21 to any person because of race, color, creed, or sex. Organization
22 shall have and comply with Affirmative Action guidelines in its
23 employment practices.
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6. City's Consent for Imposition of Charges. City reserves
25 the right to require organization to obtain the prior written
26 consent of City for the imposition of any charges or fees, and the
27 amounts thereof for such funded activities, and of any rules and
28 regulations governing said activities.
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1 7. Hold Harmless. Organization hereby covenants and agrees
2 to indemnify and save harmless the City and its employees and
3 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 hereunder are made with the understanding that the City is not
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 in
11 performing said services.
12 8. Termination. If Organization shall fail to comply with
13 any term, condition or provision of this agreement, or to expend
14 or use the funds as herein provided, City may terminate this
15 agreement by mailing written notice to organization, and this
16 agreement shall thereupon terminate forthwit~.
17 City shall have the right to terminate this agreement and any
18 funding hereunder for any reason by mailing a ten day written
19 notice to Organization and this agreement shall terminate ten days
20 after the mailing of such notice, and thereafter any unused funds
21 shall be returned to City.
22 9. Notices. All notices herein required shall be in writing
23 and delivered in person or sent by certified mail, postage
24 prepaid, addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Little League Baseball, Inc.
6707 Little League Drive
San Bernardino, CA 92407
10. Assignment. Organization shall not assign this
28 agreement without the prior written consent of City.
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1 IN WITNE$S WHEREOF, the parties have executed this agreement
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2 on \,-- I t 1986 .
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ATTEST:
CITY Q. SAN BERNARDINO)
f' ~f Y I C....
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By (" I ~ ~. .--1 /C ~.'xi A .~~()--'f'
, Mayor !/
LITTLE LEAGUE BASEBALL, INC.
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By '1~ .C!o ~L
Title i9~
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Approved as to form:
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EXHIBIT "I"
3 Transportation (Teams to and from Airport) $1,000.00
4 Get Acquainted picnic (Feed 600) 800.00
5 Parents' Luncheon 500.00
6 Transportation (14 teams to and from Disneyland) 1,200.00
7 $3,500.00
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