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Home My WebLink About2008-290 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. 2008-290 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL AND SOFTBALL INC., FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2008/09. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager 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 2008/09 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 $37,150 is further authorized to be transferred from the civic and promotion fund to various general fund departmental accounts as noted in the staff report included as Exhibit "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 The authorization to execute the above referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. 1//1/ 1/1// 1//1/ 1/1// 11/1/ /1/1/ 1/1// 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 , 2008,..290 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL AND SOFTBALL FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 08/09. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a ioint regular meeting thereof, held on the 21st day of July , 2008, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER X DERRY X KELLY X JOHNSON X MCCAMMACK X ~_ h.CLJJc.. City Clerk _., n The foregoing resolution is hereby approved this cX.>J< day of July 2008. 0"'<'" . . . k J. Morris, Mayor of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: L 7-f~ () 2008-290 AGREEMENT Civic and Promotion Funding 2008-290 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL AND SOFTBALL, INC., FOR FY08/09 CIVIC AND PROMOTION FUND 1 ASSISTANCE. 2 2. Payment. 3 4 Upon presentation of a claim to the City Finance Director, City shall pay to Little 5 League Baseball, Inc., Western Regional Headquarters, on behalf of Organization from the Civic 6 and Promotion budget for the 2008/09 fiscal year, the total sum of FIVE THOUSAND 7 DOLLARS ($5,000). 8 Expenditure of indirect funding on the amount of$37,I50 is further authorized to be 9 transferred from the Civic and Promotion Fund to various General Fund departmental accounts 10 11 12 13 as set forth in the staff report included as Attachment "B" and made a part hereof. 3. Accountability. Financial records shall be maintained in accordance with generally 14 accepted accounting principles by Organization for this event in such manner as to permit City to 15 easily trace the expenditure of the funds. All books and records of Organization for this event 16 are to be kept open for inspection at any time during the business day by the City, its officers or 17 agents. Failure to submit the financial records in accordance with this section will result in the 18 Organization reimbursing the City in the full amount received by Organization. At the 19 20 conclusion of the program, Organization or its designee shall present the City Manager or his 21 designee copies of all receipts for expenditures of monies provided under this Agreement in the 22 total amount of FIVE THOUSAND DOLLARS ($5,000). 23 4. Hold Harmless. 24 Organization covenants and agrees to defend, (ifrequested by City), indemnify, 25 26 officers, attorneys, employees and agents from all liabilities and charges, expenses (including 27 28 and hold harmless the City, its departments, agencies, boards, commissions, elected officials, 2 2008-290 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL AND SOFTBALL, INC., FOR FY08/09 CIVIC AND PROMOTION FUND ASSISTANCE. 1 2 attorney fees), suits, or losses, however occurring, or damages arising or growing out of the use 3 4 5 or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of 6 services or other activities of Organization. The costs, salary and expenses of the City Attorney 7 and members of his office in enforcing this Agreement on behalf of the City shall be considered 8 as "attorney fees" for the purposes ofthis paragraph. 9 10 11 indemnification requirement, during the term ofthis Agreement, Organization shall maintain in 12 13 14 15 16 17 18 19 20 5. Insurance. While not restricting or limiting the foregoing, Hold Harmless and effect policies of comprehensive public, general and automobile liability insurance, in the amount of $ I ,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 City Manager or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without 10 days prior written notice to the City. 6. Termination. 21 City shall have the right to terminate this Agreement, and any funding 22 remaining unpaid hereunder, at its sole discretion by placing in the U.S. mail with proper postage 23 a ten-day written notice to Organization. This Agreement shall terminate ten days after the 24 25 26 27 28 placing in the mail of such notice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to City, and the Organization 3 2008-290 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL AND SOFTBALL, INC., FOR FY08/09 CIVIC AND PROMOTION FUND 1 ASSISTANCE. 2 authorized under this Agreement, as set forth in Exhibits "A" and "B". 4 5 6 3 shall reimburse to City any funds expended which were used for any purpose other than those 7. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 7 take the adherence to the obligations imposed by this Agreement a binding obligation of the 8 Organization. 11 sent by certified mail, postage prepaid, addressed as follows: 12 13 14 15 16 17 18 19 20 21 22 9 10 8. Notices. All notices herein required shall be in writing and delivered in person or As to City: As to Organization: City of San Bernardino LITTLE LEAGUE BASEBALL, AND SOFTBALL, INC. 300 N. D. Street 6707 Little League Drive San Bernardino, CA 92418 San Bernardino, CA 92407 Attn: City Manager Attn: James Gerstenslager, Executive Director II/II 11111 11111 23 11111 24 11111 25 11111 26 11111 27 28 4 2008-290 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL AND SOFTBALL, INC., FOR FY08/09 CIVIC AND PROMOTION FUND ASSISTANCE. 1 2 9. Entire Agreement. 3 4 This Agreement and any documents or instrwnents attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 7 of conflict between the terms, conditions or provisions of this Agreement, and any such 8 document or instrwnent, the terms and conditions of this Agreement shall prevail. 9 10 11 12 13 In witness whereof, the parties hereto have executed this Agreement on the day and date first above shown. 14 15 16 17 18 ATTEST: 19 (] By: l./(...J.J 17, ~ 20 Cit'y-clerk ERNARDINO By. ilson, City Manager LITTLE LEAGUE BASEBALL and SOFTBALL, INC. 21 Approved as to form: 22 23 James F. Penman City Att mey <r~ 24 By: 25 26 27 28 5 2008-290 uu ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 0. ~ ~ 0, 0, ~ ~ ~ ~ ~ ~ ~ gj N N N M '" <C '" '" .. 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N 00( <!: ~ " ~ ~ N ~ ~ ~ <:! , N <:! , 0; U ~ '" ~ ~ - - N ~ ~ "6 In f ii::: EXHIBIT A 2008-290 EXHIBIT B CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing agreement between the City of San Bernardino and Little League Baseball, Inc. for civic and promotion funding in the amount of $5,000 from the FY 08-09 budget to assist with the conduct of their Western Regional tournament on August 1-10, 2008. The organization is also requesting a waiver of applicable departmental fees in connection with the event. BACKGROUND: James Gerstenslager, Western Regional Director, is requesting financial assistance from the FY 08/09 Civic and Promotion Fund in the amount of $5,000 to aid in the conduct of their 2008 tournament scheduled for August 1-10,2008. They are also requesting a waiver offees for department personnel and equipment connected with the event. These fees are as follows: Police City Manager ParksIRec Public Services Refuse Streets $29,690 400 1,470 3,800 L790 TOTAL $37,150 Attachment A, for your review, is a letter to the City dated June 11,2008 and a completed Request for Funding Assistance including a proposed budget and anticipated revenue from other sources. Last year, the Mayor and Council approved $5,000 in civic and promotion funding to support the activity with a similar waiver offees. The organization's accounting of fund is available for review in the City Manager's Office. FINANCIAL IMPACT: Included in the FY08/09 budget is $153,500 (Acct. #001-091-5186) in civic and promotion funds which are traditionally used to support events of common interest to the community. Attached is a matrix illustrating FY07/08 funding activity. This action has no impact on the General Fund. Both direct and indirect costs are funded through Cultural Development fees. RECOMMENDATION: 1. Adopt resolution. 2. That direct funding in the amount of$5,000 be approved; that indirect funding in the amount of$37,150 be transferred from the FY08/09 Civic and Promotion Fund to various City departmental accounts as listed in the attached staff report; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2008 Western Regional Little League tournament. 2008-290 EXHIBIT B 2. That direct funding in the amount of$5,000 be approved; that indirect funding in the amount of$37,150 be transferred from the FY08/09 Civic and Promotion Fund to various City departmental accounts as listed in the attached staff report; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2008 Western Regional Little League tournament.