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CIW OF SAN BERNARDIO -
REQU~T FOR COUNCIL A<<iION
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From:
Ralph H. Prince
Su~~t: Agreement for super Run II -
America's Race
Dept: City Attorney
Date: March 27, 1986
Synopsis of Previous Council action:
1/21/86
City Attorney was directed to prepare an agreement for
the City to co-sponsor the Super Run II and that the
Mayor be authorized to sign the agreement upon the
approval and review of the City Attorney.
R~ommended motion:
Adopt resolution.
~~fIA 0
V ~C/--
, Signature
Contact person:
Gregory Garcia
Phone:
5325
Supporting data attached:
Yes
Ward:
City Wide
FUNDING REQUIREMENTS:
Not to Exceed
Amount: $0; ,non no
Sou rce:
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..f" C.",,,..: I
Finance:
Council Notes:
75-0262
Agenda Item No.
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INTER-OFFICE MEMORANOUM
AEC'D.-ADMIN. Olt.
I986APR -I AM 9' 14
TO Ray Schweitzer, Deputy City Administrator
FROM Sam Henley, Executive Director SBEDC ~
SUBJECT: Super Run II - America's Race
DATE
: March 31, 1986
On January 28, 1986 the San Bernardino Economic Development
Council approved financial support for Super Run II at the
request of the Common Council.
The Executive Committee, SBEDC, tentatively agreed to a
funding limit of $5,000. However, they directed me to meet
with the co-host, the Downtown YMCA, to obtain a copy of
their budget for the event.
Mr. Tony Mino, Director of the Downtown Branch of the YMCA,
stated he will give us a budget on April 1, 1986. He estimates
the costs will not exceed $4,000.
To date we have paid one invoice in the amount of $275.00 for
mailing and labels.
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RESOLUTION NO.
2 RESOLllTION 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 AMERICA I 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,
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San Bernardino Young Men's Christian Association and Network
Enterprises, Inc. pertaining to the Super Run II - America's Race,
1] 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.
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15 adopted by
I HEREBY CERTIFY that the foregoing resolution was duly
the Mayor and Common Council of the City of San
16 Bernardino at a
] 71 the
] 8! to wit:
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meeting thereof, held on
day of
, 1986, by the following vote,
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1986.
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?- ~pproved as to form:
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2H I'P' GZ(~4, I, .'-7: -t:# Cc
City A'ttorney
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Mayor of the City of San Bernardino
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AGREEMENT
(SUPER RUN II - AMERICA'S RACE)
THIS AGREEMENT is entered into this
day of
, 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
/11:;';'5 CHRISTIAN ASSOCIATION, hereinafter referred to as Y.M.C.Io..,
for all matters pertaining to the Super Run II - America's Race,
hereinafter referred to as -SRAR-.
City, Y.M.C.A. and N~:work agree as follows:
I. RECITALS.
A. In accordance vit.:. the action of the Mayor and Common
Council on January 2~, 19Ef, City and Y.M.C.A. will host for al:
County Participants a County lOK qualifying race and Mayor'~ 1-
Mi:e F~n Walk hereinafter referred to as -Event-.
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The Event
b~ hEl~ in the m~n~h of Ar-i1, 1986, in the City of S3~
Bf'rn1.rdino.
E. Each contestant, .jether in the lOK Run or the l-~~.E
~ayor's Fun Walk, will rec~ive a certificate, a running bib, ~
di::.count certificate to pur~hase an official SRAR contestant 1:-
shirt, eligibility fo: post-event drawing for sponsor provide~
rr,ercha:ldise prizes and co..: 2elllentary post-event refresh:ne:',ts.
. ,. ce;r ';estc:~,~', 10'1:, co!)'. E'te thE designate6 cours!,; II,i JJ rL" -'
C:Jl;("~rr,:)rative finisher pi
C. Finalist runners :'f the County lOr. race will represei.t
tht County in the State q_Iifying lOr. race. If said County
fil,,2HtS ar( fina2~,ts iT tht' StatE lOr ract', they will COi:,~:V:(
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in the May 24, 1986 Memorial Day SRAR National Championship at
Lake Taboe, California.
D. Network bas 8greed to pay tbe expenses of County
finalists in the State 10K race and tbe City bas agreed to pay
the expenses of County finalists of the State 10K race entered
the Memorial Day SRAR National Championship.
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II. DUTIES AND RESPONSIBILITIES OF NETWORK.
Network shall serve as the central management and
implementation organization for said Event. As such, Network
will provide the City with the following support:
h. Local Level Support. At the local level, Network
shall provi~e a step-by-step operating procedure manual and a
variety of support amenities including entry applications,
contestant running bibs, commemorative certificates for all
entrants, Event reflecting lapel pin for contestants who complete
the designa~ed course, trophies, post-event refreshments,
start/finlE~ banner, course signage, liability insurance
coverage, :~tional "hot line" race director consultin9 service,
plus promo:;on and publicity assistance, and loan of a Zenith PC
computer fo; contestant registration.
B. For each contestant entering in the County Event,
Network ag:ees that Y.M.C.A. will receive $2.50 per paying
entrant.
Network agree~ to pay the expenses of thE finalist:
ir. the Co\. '.y lOR race for competing in the State lOr. qualifyins
raCE; .
Ill. :UTIES AND RESPONSIBILITIES or CITY AhY Y.~.(.J,
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A. Staginll-.2i Event. On a weekend day in April, 1986,
and Y.M.C.A. shall Itage Event which includes (1) a lOK
qualifying run; and (2) a I-Mile Mayor's Fun Walk.
B. PreparAtions ReQuired for-L~. City and Y.M.C.A. I
shall be responsible for selecting and marking the IOK Run course!
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and the I-Mile Mayor's Fun Walk; provide staging and safety ,
personnel plus race related amenities not provided by Network,
e.g., finish-line clock, public address system, tables, chairs,
safety cones, barriers, etc.
C. Registration and Identification of Contestants. City
and Y.M.C.A. shall be responsible for registering County
contestants, forwarding information to Network, planning for an:
staging Event as set forth in the SRAR manual, verifying the
identity of the lOK Run winners, and checking the accuracy of
their application.
D. Race Management and Decision Authority. City and
Y.~.C.A. agree to plan, roa~age and implement Event in accordance
~ith procedures and schedules set forth in the SRAR operations
manual provided by Network. For resolution of any Event
questions/decisions occurring outside the scope of said manual,
consultation shall be had ~ith Network.
E. Course Selection. City and Y.M.C.A. shall select, mark
and barricade as needed, a safe and suitable course for the lOr
Run and the Mayor's l-Kile fun Walk.
F. Entry Fees. City and Y.M.C.A. shall follow procedures
established in the SRAR manual for entry form distribution and
entrant registration. Each IOK run and l-roile walk conteltant
shall pay an entry fee of $~.00.
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G. feI~Q~. City and Y.M.C.A. shall provide personnel
necessary for contestant registration, local promotion and
publicity, safe and professional Event staging, plus post-event
follow-up duties outlined in SRAR operations manual.
H. BAc~.t..uiAlA. Race materials not provided by Netwon
shall be provided by City and Y.M.C.A.
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Payment to Network of-ip~ion of Entry Fees.
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data and collected entry fees (less $2.50 per entered
shall be paid to Network within two weeks after the running of
the County lOr qualifying race and the I-Mile Mayor's Fun Walk.
J. National Chall,pionsm Expenses. Two County contestan:~
qualifying for the National Championship race are scheduled to
share deluxe accommodations in the Lake Tahoe area (two men
contestants or two women contestants per room). City shall pay
for the cost of each contestant's stay froro Thursday through
Sunday evening, including special menu meals in an amount not t(
ey.ceed $350.00 per contestant. (If City wants to proviae sing~'
roon lodging for its contestants, the lodging/meal cost shall ~
inc reased in an an,ount no to exceed $640.00 pe r contestant).
K. Early Arrivals/Late Departures. If contestants
qualifying for the National Championship race want to arrive
earlier in the week or desire a post-event mid-week departure,
Network has arranged for 50% off daily week-day Bilton roon
rate~. Contestant must follo~ routine hotel check-in procedur
l.e., present driver's license and major credit card upon chec>
iD. In no event shall City or Y.M.C.A. be responsible fer any
COE:S iT:
connection with said e~rly arrivals/late departures.
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OTHER SPECIFIC TERr-:S At-.'D CONDITIONS.
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A. QpQn~r&hip and Pr~ram Participation. No individual,
company, entity or organization may participate in the Rational
Championship lOK race without obtaining a written license from
N~twork. Network shall provide a list of Official Event sponsore
and keep City and Y.M.C.A. informed of any additions thereto.
Under no circumstances shall any sponsor be allowed to
participate in any SRAR program without written approval from
Network. Neither shall any prOduct, service or commercial entit:
be reflected by display, signage, product sampling or sale
thereof, or in any capacity be allowed site exposure at or in
conjunction with any such :ace program. Any sponsorship
inquiries or requests sho~~~ be directed or referred to Network.
B. ~. The terms of this Agreement shall begin on the
date this Agreement is exe:~ted by a duly authorized
representative of the City and continue through the completion
and performance of all duti~s relative to the local qualifying
Event(s) ana the SRA~ Natl ~al Championship.
C. Owners.tl,p. City ".-ld Y.M.C.A. understand and agre~ that
all concepts, names, logo.. materials, and other items relative
to the SRAR are the propen.: of andjor under the contractual
control of Network Enterpr ises, Inc ." and may not be used for aIi::"
purpose other than the imF~ementation of the SRAR Events without
thE' 1o'ri t ten consent of Ne: - rk Enterprises, Inc.
D. Cancel.lJ\_U.~. t;. .:ork reHrve, the right to modify,
cancel or to postpone par:-r all of the SMF: at any time durin~
thE terrr of this Asreemen:. In such event, Network shall
reirrbursE the City and Y.~.:.A. for any ana all Event relate~
Expenses inC~lred.
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V. GENERAL TERMS.
A. The parties hereto Igree that Y.M.C.A. vill co-host,
plan, manage and stage the lOR Run and the Mayor'. l-Mile run
Walk; and collect and disbur6e all contestants' entry fees.
B. Parties hereto acknowledge that Network's national
headquarters, national cha~pionship staging, general performance, I
national television broadcast agreement, and day-to-day business
transactions take place within San Bernardino County, State of
California. Therefore, this Agreement shall be deemed accepted
therein with any and all col:aterally related issues governed bi
California law. Should any cispute, action or legal proceedin~
arise out of this Agreement. parties hereto stipulate that said
disputes, actions or proceed:ngs shall be filed and litigated in
the Central District of San Bernardino County's Municipal or
Superior Court, San Bernardino, California.
C. This Agreement is nrn-assignable.
D. This Agreement is t:,e sole and only Agreement, whetht:
written or oral, between St. parties. It contains the entire
I[,utual understanding of all ;,arties with full understanding tha:
any modifications must be ev:dencec in writing.
E. Any provision of th:s Agreement found by a court to be
void or unenforceable shall not affect the validity or
enforcea!Jility of any other . rovision.
F. N0tices hereunder
all be in writing and delivere~ i:
person, by certified mail
~turn receipt requested), Federa:
Express Co~rier OI by tele~ :ph at the respective addresses of
t ht pa rt i eE s he.,.,.':. hEr e in.
.,tice shall be deemed given or. the
date of peIson~] delivery c:
datE of receipt.
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Cit~ of San Bernardino
300 North -0- Street
San Bernardino, CA 92418
N~:work 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.
E. provision headings are soleI: for convenience and have
no legal significance.
I. Nothing herein shall make ~~:ties agents and/or joint
venturers of the other. Parties are _ndependent contractors witb
respe:t to one another, and neither <~3ll have any authority to
represent or bind the other in any ma~ner or to any extent
whatsoever.
J. USE of event trade~ark, ser" :e mark, copyright
graphics, event logos, designs, etc. may only be used in
conJunction with said event and only Jr the tern of this
Agreement. This rigM is non-asdgnt: Ie and nc.ntransferalJle.
C:;~e~ n~ circurosta~ces doeE City or 1.~.C.~. havE th~ right to
reproduce any of the aforementioned or an~ product or service,
nor shall any ite~ be sold or given ~.3Y that bears same unless
,. \.. .. ~ ~ ~ ,_. r._ _,_"
\,...t, .:,".:. t'.. ...i \....
a:-.:.! C:- c d ~ 1 Y
:horizec an~ licensee
!: co. '"., r 1-
agent.
R. Each party agrees at all tic s to be fully responsible
for ar.} an;:; ..II lc,~~ 01 darr,ageE. and, aims directly or indirectly'
ariEi~s (j~t 0f c: ~]JfgEd to ariSE o. ~ of its operations under
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this Agreement or arisin; out of or in connection with its breact
or alleged breach of any provision of this Agreement, or any act
or omission to act by such party, its employees, servants and
agents in the performa~ce of this Agreement; and, such party
shall indemnify and hold the other parties harmless from any and
all loss, damages, costs. expenses, claims, liabilities and
judgments (including reasonable attorneys' fees) arising out of
or in connection with said operations, breach of this Agreement,
the prevailing party sha:l be entitled to reasonable attorneys'
fees and related costs.
L. During the ter~ of this Agreement, Network at its cost
and expense shall prov:~' and maintain in full force and effect
comprehensive general liability and property damage insurance
with a single combined :lability limit of two hundred thousand
dollars ($200,000) insuring against all liability arising out of
and in connection with t~is agreement. All public liability
ins~rance anj property ~2mage insurance shall insure performance
by Network of all the: .emnity provisions hereof and shall
contain the following r:~visions:
The City shall :e named as an insured and the
policy shall contain standard cross-liability
endorsements. Ther: will be no right of recovery or
subrogation agains'. 'he City of San Bernardino, it being
the intention of t. parties that the policy shall
protect both parti~ and be primary coverage for any and
all losses covered .. the policy. There shall be no
recourse by the co~,3ny issuing the policy against the
City of 1..".. Be rnarc":, ~;O for payment of any prerr.iums or
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assessments under any inrurance policy, but the City of
San Bernardino may choose to pay such premiums or
assessments in the event of default of any other party
to this Agreement. Any deductibles in the insurance
policies shall be assumed by and at the sole risk of
Network, and any such deductible shall not exceej ten
percent.
Prior to th~ effective date of this Agreeme~t or to
the commencement of work or the exercise of any rights
hereunder, Network shall provide at its cost al,:: expense
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proof of the required insurance.end-e-eopy of t~~---;
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'iRS\lra~-f'6HeY-~~H-itffr~l~ the Risk Mana. ent
{:oo rd inltee~-~f--t-b~-GHy.-*. San Iii rRa fO iRO
M. Whenever approval, consent, information or =ata is
herein required of any party, the same shall not be unreasonably
or arbitrarily delayed or withheld.
IN WITNESS WHEREOf, the parties hereto have e~L:uted this
Agreement on the day and year first writte~ above.
CITY OF SAN BERNARDINO
NETWOR-R ENTERPRJ S: S, IN:::.
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'fx~cutive Pr0ducer
YOUNG MEN'S CBRIf~IAN
ASSOCIATION
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By
Mayor
Attest:
EY~ p/"';'
Its~--4 L:/':".~6,
City Clerk
Approved as to form:
//f/~~'):.' .-' C~'
,,/ CJt'~~/JY />:..h-r-t:.
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City Attorney
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