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HomeMy WebLinkAbout26-Council Office -- --'-~ _'I CI* OF SAN BERNARD. - REQU'" FOR COUNCIL AC~N From: Councilman Steve Marks Subject: Seed and fertilize AYSO Park Soccer Fields ~: Council Office Da~: July 29, 1986 Synopsis of Previous Council action: At the meeting of the Mayor and Common Council held April 21, 1986 the sum of $7,700 was allocated from Unappropriated Reserve for the purpose of seeding and fertilizing the AYSO Park Soccer Fields. Recommended motion: Adopt resolution. \-Q-:-1I ,.....~ G."- (\.{ ~C~^~ Contact person: Phil Arvizo Phone: 5188 Supporting data attached: Yes Ward: 4 FUNDING REQUIREMENTS: Amount: $7,700 Sou roe: 0peratinQ Contingency Finance: ~./ Co -bi' /Z-<. Council Notes: 75-0262 ~ Agenda Item N.o<~ ' r. , I .. . . . . , I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AMERICAN YOUTH SOCCER ORGANIZATION 3 RELATING TO FUNDING FOR THE PURPOSE OF SEEDING AND FERTILIZING THE SOCCER FIELDS LOCATED ON THE NORTHEAST CORNER OF PACIFIC AND 4 CENTRAL AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor ,of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City an 9 Agreement with American Youth Soccer organization relating to 10 funding for the purpose of seeding and fertilizing the soccer II fields located on the northeast corner of Pacific and Central 12 Avenue, a copy of which is attached hereto, marked Exhibit "A" and 13 incorporated herein by reference as fully as though set forth at 14 length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a meeting thereof, held on 18 the 19 to wit: 20 AYES: 21 day of , 1986, by the following vote, Council Members 22 NAYS: 23 ABSENT:, 24 25 26 City Clerk The foregoing resolution is her~by approved this day 27 of 28 , 1986. Mayor of the City of San Berna~dino . . . . . 1 Approved as to form: 2 3~~J City tto n y 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 -2- ".. "-"~i ". , ",""'m-.--/ "l'. ~~' . . . . . 1 AGREEMENT ------- 2 (Community Service Organization) 3 THIS AGREEMENT is entered into at San Bernardino, California, 4 between the CITY OF SAN BERNARDINO, a municipal corporation, 5 referred to as .City., and AMERICAN YOUTH SOCCER ORGANIZATION, a 6 nonprofit community service organization, referred to as .Service 7 Organization.. 8 City and Service Organization agree as follows: 9 1. Recitals. 10 A. Service Organization has requested financial 11 assistance from City for the purpose of providing certain facility 12 improvements in the 20-acre soccer complex located on the 13 northeast corner of Pacific and Central Avenue. 14 B. Service Organization represents that the expenditures 15 authorized by this agreement are to be used for the purpose of 16 seeding and fertilizing the soccer fields located on the northeast 17 corner of Pacific and Central Avenue, which site is leased by 18 Service Organization and is being used for soccer. A valid 19 municipal public purpose exists in that Service Organization 20 assists the youth of San Bernardino by providing recreational 21 opportunities available to all young people in the area, and the 22 funds will be used to assist in upgrading the 20-acre soccer 23 complex. 24 2. Payment. City shall pay to Service Organization a sum 25 not to exceed $7,700 during the term of this agreement. Said sum 26 shall be paid within ten days of exe~ution of this agreement. 27 Service Organization shall present written evidence satisfactory 28 to City's Director of Finance that Service Organization has ~.... ~ .,.... ? .~' ""j ,J, I , J - -. ~.-. " '" -,', . . . . . 1 expended said sums for the purpose of seeding and fertilizing the 2 soccer fields. 3 3. Term. This agreement shall commence upon execution of 4 this agreement, and terminate June 30, 1987. 5 4. Use of Funds. The funds paid to Service organization 6 shall be used by it solely for the purposes set forth in Paragraph 7 lB of this agreement. 8 5. Services Available to Residents. The services of Service 9 organization shall be made available to residents and inhabitants 10 of the City of San Bernardino. 11 6. Hold Harmless. Service organization agrees to indemnify 12 and save harmless the City and its employees and agents from.all 13 liabilities and charges, expenses (including counsel fees) ,'suits 14 or losses however occurring, or damages arising or growing out of 15 the use or receipt of funds paid under this agreement, and all 16 operations under this agreement. payments under this agreement 17 are made with the understanding that the City is not involved in 18 the performance of services or other activities of Service 19 organization. Service Organization and its employees and agents 20 are independent contractors and not employees or agents of City. 21 7. A.en~.nt. This agreement may be amended or modified 22 only by wrlttenagreement signed by both parties and failure on 1-., 23 the part of either party to enforce any provision of this 24 agreement shall not be construed as a waiver of the right to 25 compel enforcement of any provision or provisions. 26 8. Termination. City shall have the right to terminate this 27 agreement and any funding of Service organization for any reason 28 by mailing a ten day written notice to Service organization and -2- . . . 7 prepaid, addressed as follows: 8 9 City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 10 11 DATED: CITY OF SAN BERNARDINO 12 ATTEST: 13 14 City Clerk 15 16 17 18 19 20 Approved as to form: ~~/~~ City A.ttorney 21' 22 23 24 25 26 27 28 "-",...H.c . . Frank Schuma 2565 orange- Highland, CA 92346 ..I", ,.". By " Mayor AMERICAN YOUTH SOCCER ORGANIZATION By Regional Commissioner -3- I i