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HomeMy WebLinkAbout37-City Attorney .L CI1C OF SAN BERNARDIO> , - REQU~ FOR COUNCIL A/~ Subject: Funding for California District #43 of Little League Baseball, Inc. From: Ralph H. Prince Dept: City Attorney L)ijte: Auyusl. fj, l'HJf, Synopsis of Previous Council action: 8/4/86 Mayor and Common Council approved funding in the amount of $2200.00 to California District #43 of Little League Baseball, Inc., for transportation to the Western Regionals. Recommended motion: Adopt resolution. ~~}IJ/~ Signature Contact person: ~teve Mark~ Phone: 517A Supporting data attached: Ve~ Ward: FUNDING REQUIREMENTS: Amount: S??OO Source: 1Il/!l. 00/ ~ '0'1/ - S"J..1o "........... ~ r....JI...:.".., F....J.,. . Finance: tJ _ C I~ A Council Notes: 75-0262 Agenda Item NO,l f~ , . c o o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE, EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA DISTRICT #43 OF 3 LITTLE LEAGUE BASEBALL, INC., RELATING TO FUNDING TO ATTEND THE WESTERN REGIONAL BIG LEAGUE TOURNAMENT IN SACRAMENTO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with the California District *43 of Little League 9 Baseball, Inc., relating to funding to attend the Western 10 Regional Big League Tournament in Sacramento, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on 16 the day of , 1986, by the following vote, 17 to wit: 18 19 AYES: Council Members 20 NAYS: 21 ABSENT: 22 23 24 25 of 26 City Clerk The foregoing resolution is hereby approved this day , 1986. Mayor of the City of San Bernardino Approved as to form: 27 28 City Attorney - o o o o 1 !GREE~ENT 2 (Western Regional Tournament) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4 BERNARDINO, a municipal corporation, referred to as "City", and 5 CALIFORNIA DISTRICT #43 OF LITTLE LEAGUE BASEBALL, INC., a 6 nonprofit corporation, referred to as "Organization". 7 The parties agree as follows: 8 1. Recitals. 9 (a) The Mayor and Common Council of City are willing to 10 appropriate certain funds from the General Fund or special funds 11 for the use of Organization upon certain conditions and with the 12 understanding that receipt of said funds shall not imply a 13 continuing obligation of the City beyond the term of this 14 agreement. 15 (b) Organization has represented that the expenditures 16 authorized by this agreement are for valid municipal public 17 purposes, to wit: to be used for transportation expenses of the 18 "Big League All-Star Team" from San Bernardino while attending 19 the Western Regional Big League Tournament in Sacramento, 20 California, which will result in promotion and publicity to the 21 City of San Bernardino. 22 2. Payment. City shall pay to Organization the sum of TWO 23 THOUSAND TWO HUNDRED DOLLARS ($2,200.00) upon execution of this 24 agreement. 25 3. Purpose. The funds paid to Organization shall be used by 26 it solely for the purposes set forth in paragraph 1(b) hereof, 27 and any unexpended grant funds shall be returned to City by 28 Organization. 1 o o o o 1 2 3 4 5 6 4. Accounting. At the end of the tournament, Organization shall submit to the City Administrator, with a copy to the Director of Finance, 'an accounting of the actual expenditures of said funds together with cash receipts for all expenditures. Fiscal records shall be maintained by Organization in such a manner as to permit the City to easily trace the expenditures of the funds. All books and records of Organization are to be kept 7 8 open for inspection, at any time during the business day, by the 9 City or its officers or agents. The accounting report shall be 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 submitted by Organization in conformance with established City guidelines. Organization shall comply with any rule or regulation of the Mayor and Common Council concerning use of the funds granted hereunder as may be now in effect or hereinafter enacted. 5. Discrimination. Organization shall not discriminate as to any person because of race, color, creed, or sex. Organization shall have and comply with Affirmative Action guidelines in its employment practices. 6. Hold Harmless. Organization hereby covenants and agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or growing out of the use 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 services or other activities of Organization. Organization and its employees and agents are 2 o o o o 1 independent contractors and not employees or agents of the City 2 in performing said services. It is expressly acknowledged that, 3 although City is advancing transportation costs, City has played 4 no role in selection of the means of transportation, and is not a 5 "sponsor" thereof. 6 7. Notices All notices herein required shall be in writing 7 and delivered in person or sent by certified mail, postage 8 prepaid, addressed as follows: 9 10 11 12 City of San Bernardino City Administrator 300 North "D" Street San Bernardino, CA 92418 California District #43 of Little League Baseball C/O John Grady 7511 Drummond Avnue Highland, CA 92346 13 8. Assignment. Organization shall not assign this 14 agreement without the prior written consent of City. 15 IN WITNESS WHEREOF, the parties have executed this agreement , 1986. CITY OF SAN BERNARDINO By Mayor CALIFORNIA DISTRICT #43 OF LITTLE LEAGUE BASEBALL, lNC, 24 25 26 27 28 By Title APProved as to form: City Attorney 3