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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Mayor's OffiLl RIG I N A L
June 4, 2003
Subject: Resolution authorizing the
Mayor to execute an Agreement
between the City of San Bernardino and
the More Attractive Community
Foundation for the location and
installation of Youth Sports Figures.
From: Judith Valles,
Mayor
Date:
Synopsis of Previous Council Action:
June 4, 2003 - Ways and Means Committee recommended approval of Agreement with
the More Attractive Community Foundation for the location and
installation of Youth Sports Figures.
Recommended motion:
Adopt Resolution.
Contact person:
David Pruitt
Phone:
5133
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
$2,600.00
Source: (Ace!. No.) Various General Fund Accounts
(Ace!. Description)
Finance:
Council Notes:
~~.p--Z(03' /4,3
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Agenda Item No. 3Lf
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Agreement between the City of San Bernardino
and the More Attractive Community Foundation for the location and installation of youth
sports figures.
Background: Mayor Judith Valles has a vision of making San Bernardino the Youth
Sports Capitol of Southern California. The City is home to the Annual Western Regional
Little League Tournament, to several major soccer complexes, and to a number of
professional and Olympic sports champions.
The More Attractive Community Foundation is working with the Mayor to implement this
vision by developing an overall plan for locating appropriate youth sports figures on a
larger-than-life scale to be placed at appropriate youth sports venues and other
prominent locations in the City. The Foundation is also concurrently developing a
marketing and funding plan to implement the overall project.
The first project has been approved by the Mayor and the More Attractive Community
Foundation Board of Trustees, and is now proceeding to the marketing and fundraising
stage. Garner Holt Productions, Inc., an internationally renowned firm that creates
attractions for the world's largest theme parks, resort casinos, museums, theme
restaurants, and retail environments, has been commissioned to design and construct
the first of a family of children's sports figures, which will be 14 feet tall and located on
Little League Drive, just south of the Western Regional Little League Headquarters in AI
Guhin Park/Blast Soccer Complex, with excellent freeway visibility. Little League
Baseball, Inc., has approved the project and the use of its logo on the young baseball
player's figure.
The figure will be in full Little League baseball player uniform and is designed to be
constructed utilizing a computerized scanning of an actual child. From this scan a figure
will be sculpted, a mold created, and a fiberglass figure created from the mold. The
figure will be painted in realistic life tones and colors, with weather and ultraviolet light
resistant paint. The figure will be properly engineered and will be attached to an
attractive base that will be appropriate to the setting and magnitude of the project. The
figure will be illuminated both for security reasons and for visibility from the freeway.
The goal of the Mayor and the Foundation is to complete and install the first figure in
time for the Little League Western Regional Tournament, which begins in the first week
of August. The target date for installation is August 1, 2003. The overall cost of the first
figure installed is $53,000, for which the Foundation is seeking sponsors within the
community. The Foundation is requesting City assistance in the form of certain limited
preparatory site work, such as trenching for electrical wiring, installation of fuse boxes,
and trimming/removal of trees, if necessary. Upon complete installation of each youth
sports figure, said figure shall become the property and the maintenance responsibility
of the City.
Financial Impact: Estimated costs associated with the requested City participation in
the project for trenching for electrical wiring, installation of fuse box, and sprinkler
redesign and installation is $2,600.00 from various General Fund accounts.
Recommendation: Adopt Resolution.
REsotgfY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
3 BETWEEN THE CITY OF SAN BERNARDINO AND THE MORE ATTRACTIVE
COMMUNITY FOUNDA TION FOR THE LOCA TION AND INST ALLA TION OF YOUTH
4 SPORTS FIGURES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City an Agreement with the More Attractive Community Foundation
9 for the location and installation of youth sports figures, a copy of which is attached hereto, marked
10 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
12 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
13 resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE MORE ATTRACTIVE
COMMUNITY FOUNDA TION FOR THE LOCA TION AND INST ALLA TION OF YOUTH
3 SPORTS FIGURES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the day of
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 LONGVILLE
JO MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
15
16
, 2003, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
CITY CLERK
17
18
The foregoing Resolution is hereby approved this
day of
,2003.
19
20
21
JUDITH V ALLES, Mayor
City of San Bernardino
22 Approved as to form and
legal content:
23
24
25
26
27
28
2
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE
MORE ATTRACTIVE COMMUNITY FOUNDATION
3
THIS AGREEMENT, made and entered this day of June, 2003, by and between the
4 City of San Bernardino ("City") and the More Attractive Community Foundation ("MAC"),
5 WITNESSETH:
6 WHEREAS, MAC seeks to have designed and constructed, at no expense to the City, and
to then donate and dedicate to the City, various youth sports figures to improve the attractiveness of
7 the City and to enhance the City's goal as the Youth Sports Capital of Southern California; and
8 WHEREAS, it is contemplated between the City and MAC that these youth sports figures
on a larger-than-life scale would be placed on City-owned property at appropriate youth sports
9 venues and other prominent locations in the City; and
10 WHEREAS, the City is interested in receiving such youth sports figures and is further
interested in the appropriate siting of such monuments for both safety and ease of viewing reasons.
II
12
NOW, THEREFORE, the parties hereto agree as follows:
I. Subject to approval by the Mayor of the City of San Bernardino, MAC shall cause
13 to have designed and constructed, at no expense to the City, numerous appropriate youth sports
figures for placement at various locations in the City. The Mayor shall further give advance general
14 approval of said locations prior to placement. The plans and specifications for such figures, shall
be inspected and approved by the Field EngineeringlInspection Section and the Building Inspection
15 Division of the Development Services Department. The Director of the Parks, Recreation and
Community Services Department shall also assist and advise in the specific location of such youth
16 sports figures. The siting of such figures shall be determined first by safety considerations and then
for ease of viewing.
17
2. MAC agrees to act as general contractor and shall contract out and cause the
18 necessary permits to be obtained, to the extent not provided by City, all necessary site work and
installation. City agrees to assist MAC in certain limited preparatory site work, such as trenching
19 for electrical wiring, installation of fuse boxes, trimming/removal of trees, if deemed necessary.
20 3. MAC shall cause each contractor providing a service to MAC in furtherance of this
agreement to take out and maintain during the life of such service provided and until complete
21 installation of the subject youth sports figure, such public liability and property damage insurance,
naming as additionally insured, the City, its departments, agencies, boards, commissions, elected
22 officials, officers, attorneys, employees and agents from the claims for property damage, for personal
injury, including death, by the actions of such contractor, as well as from the claims for property
23 damage and personal injury which may arise from the operations of MAC or its agents' operations
hereunder. Public liability insurance shall be in an amount not less than one million dollars
24 ($1,000,000.00) for injuries, including, but not limited to, death, to any person, and subject to the
same limit for each person, in an amount not less than one hundred thousand dollars ($100,000.00)
25 on account of anyone occurrence. Property damage insurance shall be in an amount not less than
fifty thousand dollars ($50,000.00) for damage to the property of each person on account of an
26 occurrence. MAC shall deliver to the City a certificate of insurance for each such contractor prior
to the commencement of its work, evidencing such coverage in such amounts, with the required
27 notation that the insurer shall notify the City by ten (10) days advance written notice of any material
change or termination in the policy.
28
I
')
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE
MORE ATTRACTIVE COMMUNITY FOUNDATION
3
4
4. For all purposes, MAC shall be an independent contractor and shall not be
considered an employee or agent of the City. Upon complete installation of each youth sports figure,
said figure shall become the property and the maintenance responsibility of the City.
5
6
5. This agreement may be terminated by either party for any reason upon the giving of
thirty (30) day's notice, in writing. Notwithstanding any such termination, the youth sports figure(s)
shall remain the property and the maintenance responsibility of the City.
6. Any notices to be given pursuant to this agreement shall be given from one party to
the other, in writing, and deposited with the United States Postal Service, postage prepaid, and
addressed as follows:
7
8
9
10
II
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: City Administrator
MAC Foundation
P.O. Box 1169
San Bernardino, CA 92402
Attn: President
12
The above addresses may be changed by written notice to the other party. Nothing in this
paragraph shall be construed to prevent the giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and
date first shown above.
13
14
15
CITY OF SAN BERNARDINO
16
17 ATTEST:
18
19 City Clerk
20
21 Approved as to form
and legal content:
22 .f~
23 Attorney
24
By
Mayor
MORE ATTRACTIVE
COMMUNITY FOUNDATION
By
Title
25
26
27
28
2
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.lis
~~,
June 24, 2003
MAC Foundation
P.O. Box 1169
San Bernardino, CA 92402
Dear Sir or Madam:
At the Mayor and Common Council meeting of June 16, 20m, the City of San Bernardino
adopted Resolution 2003-143 - Resolution authorizing the Mayor to execute an agreement
between the City of San Bernardino and the More Attractive Community Foundation for the
location and installation of Youth Sports Figures.
Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by August 15, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
. ,J /',1/1.,
f If 'r' t,.{ (C, ,/., ( '-__
Michelle Taylor
Senior Secretary
Enclosure
CiTY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
, " C
SA~ BERNAIlDINO
July 3, 2003
City Clerk's Office
ATTN: Michelle Taylor
P. O. Box 1318
San Bernardino, CA 92402
RE: Resolution 2003 - 143
Dear Michelle:
Enclosed please find one (1) fully signed original agreement pursuant to Resolution
2003 - 143, a Resolution authorizing the Mayor to execute an agreement between the
City of San Bernardino and the More Attractive Community Foundation for the location
and installation of the Youth Sports Figures.
If you have any questions, please call me at 884-0106.
Yours truly,
"
~
Salvatore F. Catalano
Treasurer
SFC:rls
Enclosure
POST OFFICE BOX 1169, SAN BERNARDINO, CALIFORNIA 92402
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 7,2003
TO:
David Pruitt, Executive Assistant to the Mayor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-143 ~ More Attractive Community Foundation
CC:
Veronica Martinez, Finance
Attached is a fully executed copy of the agreement between the City and the More Attractive
Community Foundation for the location and installation of youth sports figures. The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
(",-\(..03
?A
Item #
Vote:
Ayes I'')
..B-
Abstain
See Attached: ~/ Date Returned: 1\- ')- () ::3
See Attached:
See Attached:
Nays
Change to motion to amend original documents:
-
Reso. # On Attachments:
./
Contract term: --
Note on Resolution of Attachment stored separately:-=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
"
Date Sent to Mayor:
(.? IX" 07,
~-lcl-0~
Date of Mayor's Signature:
Date of Clerk/CDC Signature: (, , ;:;C -c)7)
Date Memo/Letter Sent for Signature:
(--)Lj-c':S
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney v'
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Resolution #
zex/Jr- ILl. ~
Absent ..e-
.R;
Null/VoidAfter: ice:, D~0 / i?~(S-n3
I
Reso. Log Updated:
Seal Impressed:
,/
/
Yes / No By
Yes No V By
Yes No / By
Yes No / By_
Yes NoT y-
EDA
Finance ,/
Others: m IAJ () Ii: -
MIS
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: _
Date:
Revised 0 I / 12/0 I