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HomeMy WebLinkAbout2009-283 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. 2009-283 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND WESTERN REGIONAL LITTLE LEAGUE BASEBALL FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2009-10. 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 55,000 in direct funding from the FY 2009-10 Budget, a copy of which is attached hereto, marked Attachment "A" and incorporated herein by reference as fully as though set forth at length. . SECTION 2. Expenditure of indirect funding in the amount of $38,410 is fUliher authorized to be transferred from the civic and promotion fund to various general fund departmental accounts as noted in the staffreport included as Attachment "B". SECTION 3. The authorization to execute the above referenced agreemcnt IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. 11111 11111 11111 11/11 I II II 11111 11111 - - 2009-283 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 OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND WESTERN REGIONAL LITTLE LEAGUE BASEBALL FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 09-10. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, hcld on the 3rd day of August ,2009, by the following vote to-wit: 6th The foregoing resolution is hereby approved this day of August 2009. ~ Approved as to form: JAMES F. PENMAN, City Attorney By: 2'7......................-;. 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 .. . 2009-283 "ATTACHMENT A" AGREEMENT Civic and Prornotion Funding This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and LITTLE LEAGUE BASEBALL, me., WESTERN REGIONAL HEADQUARTERS, a non-profit 501 (c) (3) organization, referred to as "Organization." The parties agree to as follows: I. Recitals. A. Organization has requested financial assistance from City for the Fiscal year 2009/10 in order to assist in defraying the expenses connected with the conduct of events related to a baseball tournament on August 7-16, 2009, as outlined in the Request for Funding Assistance and letter to the City, dated June 16,2009 copies of which are attached hereto marked Attachment "A". The terms of the request are incorporated herein by referencc and shall govern the uses of the funds provided herein. The financial assistance provided for in this Agreement is made on a one-time basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this Agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of events related to their annual Little League baseball tournament. 2. Payment. Upon presentation of a claim to the City Finance Director, City shall pay to Little League Baseball, Inc., Western Regional Headquarters, on behalf of Organization from the civic and romotion budget for the 2009/10 fiscal 'year, the total sum of FIVE THOUSAND DOLLARS ($5,000). 2009-283 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY07/0S CIVIC AND 1 PROMOTION FUND ASSISTANCE. 2 Expenditure of indirect funding on the amount of $3S,41 0 is further authorized to bc 3 transferred from the civic and promotion fund to various general fund departmental accounts as 4 5 6 7 8 noted in the staffreport included as Attachment "B". 3. Use of Funds. The funds paid on behalf of Organization shall be used solely for the purposes sct forth in Paragraph I above. No deviation from these provisions shall be made without the 9 express approval of the City of San Bernardino. Any unexpended funds shall be returned to the 10 11 12 13 City by Organization. 4. Accountability. Financial records shall be maintained in accordance with generally 14 accepted accounting principles by Organization for this event in such manner as to pennit City to 15 easily trace the expenditure of the funds. All books and records of Organization for this cvcnt 16 are to be kept open for inspection at any time during the business day by the City or its ofticers 17 or 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 Organiz'!tion. 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 connected with said program in the total amount 22 fFIVE THOUSAND DOLLARS ($5,000). 23 24 25 26 5. Hold Harmless. Organization covenants and agrees to defend, (ifrequested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, 27 attorneys, employees and agents from all liabilities and charges, expenses (including attorney 28 2 - 2009-283 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY07/08 CIVIC AND 1 PROMOTION FUND ASSISTANCE. 2 fees), suits, or losses, however occurring, or damages arising or growing out of the use or 3 receipt of the funds paid hereunder and all operations under this Agreement. Payments 4 5 hereunder are made with the understanding that the City is not involved in the perfornlance 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 of this paragraph. 9 10 6. Insurance. 11 While not restricting or limiting the foregoing, during the term of this Agreement, Organization shall maintain in effect policies of comprehensive public, general and 12 13 automobile liability insurance, in the amount of $1,000,000, per occurrence combined single 14 limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, 15 elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate 16 of insurance evidencing such coverage shall be provided to the Mayor or his designee, with the 17 added notation that the insurance policy shall not be terminated or materially altered without 10 18 days prior written notice to the City. 19 20 21 22 23 24 25 26 27 28 7. Termination. City shall have the right to terminate this Agreement and any funding emaining unpaid hereunder at its sole discretion by mailing a ten-day written notice to Organization and this Agreernent shall terminate ten days after the mailing of such notice. In the event this Agreement is terminated for reasons of improper use of funds or use of funds for any urpose other than those authorized, any unexpended portion of the funds provided by City shall e returned to City, and the Organization shall reimburse to City any funds expended which were 3 - 2009-283 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY07/08 CIVIC AND 1 PROMOTION FUND ASSISTANCE. 2 3 4 5 used for any purpose other than those authorized under this Agreement, as set forth in Exhibit "A". 8. Authorization to Execute. 6 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 ofthc 8 Organization. 9 10 11 9. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: 12 13 14 15 16 17 As to City: As to Organization: City of San Bernardino LITTLE LEAGUE BASEBALL, INC. WESTERN REGIONAL HEADQUARTERS 6707 Little League Drive San Bernardino, CA 92407 300 N. D. Street San Bernardino, CA 92418 Attn: James Gerstenslager, Executive Director 4 - 2009-283 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LITTLE LEAGUE BASEBALL, INC., WESTERN REGIONAL HEADQUARTERS, FOR FY07/08 CIVIC AND 1 PROMOTION FUND ASSISTANCE. 2 10. Entire Agreement. 3 4 This Agreement and any documents or instruments attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 7 8 9 10 supersede all negotiations and prior writing in respect to the subject mailer hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrurnent, the terms and conditions of this Agreement shall prevail. In witness whereof, the parties hereto have executed this Agreement on the day and date first above shown. 11 12 13 14 15 16 17 18 LITTLE LEAGUE BASEBALL, INC. WESTERN REGIONAL HEADQUARTERS By. James Gerstenslager, Executiv irector ATTEST: 19 Q By: ~JvJ h.~ 20 Cit}clerk 21 pproved as to form 22 And legal content: 23 James F. Penman 24 City All ey 25 ~~ 26 27 28 } . f ~A'>-^__ 5 2009-283 (!) Utl', ,-",".. W,,"m R.".. ""'q"rtern June 16,2009 ATTAc H m ElVr A . Baseball and Softball Honorable Mayor Patrick Morris Mayor and Common Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mayor Morris: The 2009 Little League Baseball Western Regional Tournament is scheduled for Friday, August 7, 2009 through Sunday, August 16, 2009. Twelve Championship teams from the II states of the Little League Western Region will begin arriving on Wednesday, August 5, 2009. In past years, we have greatly appreciated the financial support from the San Bernardino City Council. The financial support will again help defray the cost of the tournament. I am respectfully requesting a grant of $5,000.00 for our 2009 event. These funds will be used to offset costs associated with transporting teams to and from the airport in rented buses and serving approximately 9000 rneals for teams and volunteers for the 10 day event. Each year rnore that 200 players, rnanagers and coaches come to San Bernardino to cornpete for the opportunity to advance to the Little League Baseball World Series in Williamsport, PA. We will again be sending two representatives from the Western Region. Both championship games will be televised live on ESPN from Al Houghton Stadium here at the Western Regional Headquarters. The Northwest Division Championship will be televised on August 15th and the West Division Championship will be televised live on August 16th. We again anticipate between 50 and 60 thousand , visitors from throughout the eleven Western Region States. Their return is testirnony to the warm family welcome they receive from the City of San Bernardino. We sincerely thank the City Council for the outstanding support we have received in the past and hope that you will look favorably on this request. We ask that you again honor us ~th your presence at some of the activities listed on the enclosed schedule. Sincerely, ~ e~r~ Western Regional Director encl: 8 cc: Charles Neely, City Administrator 6707 Little League Drive' San Bernardino, CA 92407 . 909-887-6444 . Fax: 909-887-6135 ' www.littleleague.org/west 2009-283 2009 Little League Baseball Western Regional Tournament San Bernardino, California August 7-16,2009 www.eteamz.comlllbwest Friday Saturday Sunday Monday Tuesday Wednesday 7-Au~ B-Aua 9-Aun 10.Au~ 11-Auo 12-AUQ Game" N. West Game ., N. West Game #9 West Game"'3 N. West G.me .17 N. West Game '21 N. West Montana Wyoming Utah Oregon Idaho Alaska vs vs vs vs vs vs Oregon Idaho Nevada Alaska Montana Wyoming Ho' ~hlon 9:30 AM Hounhton 9:30 AM Houahton 11:00 AM Hounhton 9:30 AM Hm'"hton 9:30 AM Ho"nhton 9:30 AM Game t2 West Game H West Game .10 N. West G.me 11. N. West Game "8 West Game .22 West S. California N. California Alaska Montana Hawaii N. California vs vs vs vs vs vs Utah Arizona Idaho Washington Utah Hawaii Houohlon 12:30 PM Hounhton 12:30 PM HOlJnhton 2:00 PM Ho"nhton 12:30 PM Hounhton 12:30 PM Ho"nhton 12:30 PM G.me tI3 West Game .,., N. Weat G.me'11 N. West Game .,5 West Game '19 N. West Game 123 N. West Hawaii Alaska Wyoming Utah Oregon Washington vs vs vs vs vs vs Arizona Montana Washington N. California Wyoming Idaho Houohlon 4:00 PM IHounhton 4:30 PM Ho,,"hlon 5:00 PM Ho',"hton 4:30 PM Houohton 4:30 PM Hounhton 4:30 PM Game .. West G.me t8 N. Wast Game .,2 West G.me .16 West Game 120 West Game.u West N. California Oregon S. California Arizona S. California Nevada vs vs vs vs vs vs Nevada Washington Hawaii S. California Nevada Arizona Hounhton 8:00 PM lHo'~hlon 7:30 PM Hounhton 8:00 PM Ho. ~hton 7:30 PM Ho''"hlon 7:30 PM Ho',"hlon 7:30 PM Top four (4) records In Pool Play from each Pool will advance to single elimination Semi-final round. Approved Tie Breaker Method Will Apply ESPN or ESPN2 Will Televise both Championship Games Thursday 13-Au Northwest .1 Seed 2 vs Friday 1..... West.1 Seed 2 vs Seed 3 Hou hton 4:00 PM 5aturd.y 15-Au NW Cham lonahl Winner NW-1 vs Winner NW-2 Hou hton 6:00 PM Sunday is-Au W Cham Ionahl WinnerW-1 vs Winner W-2 Ho hton 5:00 PM Seed 3 Hou hton 4:30 PM Northweat'2 Seed 1 vs Seed 4 Ho hlon 7:30 PM West.2 Seed 1 vs Seed 4 Ho hton 7:30 PM "\"\\.E LEAc; ~ ~ AS E B" \. SANCW~ARDINO REQUEST FOR CIVIC AND PROMOTION FUNDING (PART I) Name of Organization Little Lea'ue Baseball and Softball rne Address 6707 Little Leapue Drive, San Bernardino CA 92407 Phone/FAX Contact Person Phone/FAX (909)887-6444 James Gerstenslaper, Director Designation of 50 1 c (3) non-profit status of Organization (Attached: Yes_XX No-'l Date of Event Location Estimated No. of Attendees Au"ust 7 16 2009 Little LEacue 1"oeha'1 '.lno. '" nnn {,n nnn Purpose of Funding Help defray the cost of the tournaruent. PROPOSED CURRENT BUDGET A. REVENUES: (List all anticillated revenues other than Citv of San Bernardino) AMOUNT TOTAL Snonsorshins Re~istrations Promotions concessions, souvenirs. orOl!rams sales 83 000 83 000 Donations ticket sales 16,000 16,000 ; In Kind Services (Other than City Services) Total Dollar Amollllt Reouested ofCitv 'i_nnn , nnn A. TOTAL PROPOSED REVENUES 104,000 104,000 "lUST BE SUB,~f1TTED TO CITY ADMINISTRATOR'S OFFICE 60 DA YS PRIOR TO EVENT FOR IVII/CII FUNDING IS REOUESTED. NO EXCEPTIONS. ., lUUY-l!l3 NAME OF ORGANIZATION: Little League Baseball and Softball, Inc REQUEST FOR CIVIC AND PROMOTION FUNDING PROPOSED CURRENT BUDGET (PART 11) B. EXPENDITURES: (Include all known direct expenses connect with event) EXPENSES AMOUNT TOTAL Personnel/Salaries -------- Permits Fire Bus. Lie. ABC Other - Insurance City ofSB Attached (Yes No x ) Park Damage Bond Park Clean Up Deposit/Damage Bond Security S.B.P.D Private Security Other Advcrtising Radio Newspaper Banners Flyers Other Entertainment Music Sound System Other Promotional Items Trophies , Plaques T-Shirts Other Sanitation Portable Restrooms - Public Services Special Events Banquet Facilities Parade Other - Parks, Recreation B. TOTAL PROPOSED EXPENDITURES ** (SEE ATTACHED) 231,290 231,290 Summary: A. Total Revenues $ 104,000 D. Total Amount Requested B. Total Expenditures - $ 231,290 $ -38, q;[) 5,000 C. Total Fee Waivers - (frolll Part lll) 2009-283 NAME OF ORGANIZATION: Little League Baseball and Softball, lnc REQUEST FOR CIVIC AND PROMOTION FUNDING (l'ART III) REQUEST FOR FEE WAIVERS (List all City services for which you are requesting fee waivers) C Fee Woiver Amount a , Police -z'/J,,-R3 Security / Traffic Control Fire Site Inspections Crowd Control Facilities Sound System Civic Center Use Pennit Public Services Refuse Bins J/-7t 1 Street Sweeping / Development Services Planning TUP Building Other (Explain) Parks, Rec ~ .t.Jff) /I,r//,/A .1I"i=r- qJ/,J;::FT 1l..,.11N!/-,_ '47)7) Total Amount of Fee Waivers (In-Kind Services) prIm ,''''' rEE .,; Ii? '-110 / For Office Use Only: Departmental Costs In: Police Fire ; Public Services Public Works Development Services Facilities Previous Year's Accounting Revicwed: Admin: Finance 2009-283 2009 Budget Western Regional Tournament lillle League Baseball, Inc Revenue Budget 2009 Concession/Souvenir Sales 82,000 Collection & Ticket Sales 16,000 Program Sales 1,000 Total Projected Revenue 99,000 Expenditures Salaries & Benefits (Directors, Part Time, etc) 54,000 Utilities 20,500 Equip Rental/Field Maintenance 34,000 Feeding/Housing-Participants 55,000 Uniforms/Equipment 6,500 Concessions/Sourvenirs 47,290 Miscellaneous Supplies 14,000 Total Projected Expenditures 231,290 Net Loss for Tournarnents (132,290) Prepared By Melissa Singer Treasurer, Uttle League Baseball, Inc. 6/16/2009 2009-283 Attachment B CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing an Agreement between the City of San Bernardino and Western Regional Little League Baseball, Inc. for funding in the amount of $5,000 frorn the FY 09/10 Civic and Promotional Fund, and a waiver of fees for department personnel and equipment costs associated with the event, to assist with the conduct of their 2009 Western Regional Tournament. BACKGROUND: For the past several years, the City of San Bernardino has been supporting Little League Baseball in hosting the annual Western Regional tournaments. James Gerstenslager, Western Regional Director, is again requesting financial assistance to aid in the conduct of the 2009 tournament, scheduled for August 7-16, 2009 at the Western Regional Headquarters. The League is anticipating between 50 and 60 thousand visitors from the II Western Regional states and the games will be aired live on ESPN on August 15th and 16th. Attachment A is a letter from the Little League dated June 16, 2009 requesting direct funding of $5000 to defray the costs of the tournament. In addition, the League is requesting a fee waiver for all City personnel and equipment costs associated with the event. Estimated costs for those services are as follows: Police City Manager Parks/Rec Public Services/Refuse $30,583 400 (street banner permit fees) 2,640 4787 TOTAL $38,410 The League has also submitted information regarding anticipated revenues and expenditures that , are budgeted for the 2009 Tournament. FINANCIAL IMPACT: Direct funding in the amount of $5,000, as well as total reimbursement from the Civic and Promotional Fund (001-091-5186) of $30,583 to the Police Department, $400 to the City Manago:;r's Office, $2,640 to Parks and Recreation, and $4,787 to Public Services. The City's total in kind contribution for FY 09/10 will not exceed $43,410. RECOMMENDATION: I. Adopt resolution. 2. That direct funding in the arnount of $5,000 be approved; that indirect funding in the amount of$38,410 be transferred from the FY 09/10 civic and promotion fund to various City departmental accounts as listed above; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2009 Western Regional Little League tournament.