HomeMy WebLinkAbout2001-263
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RESOLUTION NO. 2001-263
2 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
3 PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S OUTDOOR
ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD, AND TERMINATING
4 THE PREVIOUS AGREEMENT UNDER RESOLUTION 97-26.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino or her designee is hereby
9 authorized and directed to execute on behalf of said City an agreement with California State
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University, San Bernardino providing for the cooperative uses of the University's athletic
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facilities and City's Fiscalini Field, a copy of which is attached hereto marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
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SECTION 2.
The authorization granted hereunder shall expire and be void and
15 of no further effect if the agreement is not executed by both parties and returned to the Office of
16 the City Clerk within sixty (60) days following the effective date ofthe Resolution.
17 III
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2001-263
RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
1 SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S OUTDOOR
2 ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD, AND TERMINATING
THE PREVIOUS AGREEMENT UNDER RESOLUTION 97-26.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a i oint regular
meeting thereof, held
19 The foregoing resolution is hereby approved this Co,' of day of
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August
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,2001.
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22
H VALLES, MAYOR
f San Bernardino
23 Approved as to form
24 And Legal content:
25 James F. Penman
City Attorney
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o -01
CAL STATE - FISCALINI AGREEMENT
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2001-263
CITY OF SAN BERNARDINO
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
USE OF FACILITIES AGREEMENT
This Agreement, by and between California State University, San Bernardino
("University") and the City of San Bernardino ("City"), provides for the University's use
of Fiscalini Field, owned by the City, and for the City's use of the University's athletic
facilities in accordance with the followiug terms and conditions:
I. GENERAL:
A. Actual schedules for use of each facility shall be submitted on a seasonal
basis and established by mutual agreement.
B. City agrees to charge no fees for the use of Fiscalini Field and University
agrees to charge no fees for use of the University's athletic facilities.
II. TERM:
A. The term of this agreement shall be for a period of two years commencing
January I, 2002. Upon expiration of said two years, this agreement shall
be automatically renewed from year to year unless either party notifies the
other of termination at least sixty days before the expiration of any such
year.
III. USE OF FISCALINI FIELD:
A. City's Responsibilities:
1. Maintenance of Field: City will maintain the field in good
condition during period of this agreement including maintenance
of grass and field areas.
2. Maintenance of Buildings, Grounds, and Bleachers: City will
maintain all buildings, grounds, and bleachers in good and clean
condition to insure the public's safety.
3. Parking: City will maintain the paved parking area in good and
clean condition for the public's safety.
4. Lighting: City will provide and maintain the lighting on the field
and in all areas to insure the safety of the players and the public.
5. Opening, Closing of Field: City will provide a key to the
University to unlock the field prior to and lock up after all uses
according to the approved schedule of use as described herein.
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The City reserves the right to determine the playability of the field
and at its sole discretion may close the field.
6. Use of Club House: City will allow University to use the
clubhouse which includes the manager office, traiuing room,
restrooms and showers.
7. Use of Scoreboard and P.A. System: After training by City staff,
City will allow University personnel to operate and use the
scoreboard and P.A. amplification equipment.
8. Use of Snack Bar: City will retain the first right of use of the main
snack bar during all uses of Fiscalini Field. If the City does not
use the snack bar, the University will be allowed to use the facility
during practices and games, provided that use will be in
conformance with any existing lease of Fiscalini Field.
9. Preparation of Field for Games: City will rake and mark the
field in preparation for games. City will provide all items
necessary for such preparation.
10. Use of City Sign Panels on the Outfield Fence: City will allow
the University to use the existing sign panels to solicit advertising
in support of Men's Baseball Scholarships at the University.
University will pay the City ten percent (10%) of the fee charged
for each sign used for advertising. City will have final approval
authority for all signs appearing on the outfield fence.
11. Exclusive Use: The University will have exclusive use of Fiscalini
Field from January - April with the exception of the agreed upon
uses by Valley College and San Gorgonio High School for baseball
tournaments. Any other uses may occur based upon mutual
agreernent by the City and the University.
B. University Responsibilities:
1. Use of Facilities: University will use facilities for baseball
practices and games according to a pre-approved schedule as
2001-263
described herein. Facilities to be utilized include the paved
parking lot as well as all facilities within the fenced area of
Fiscalini Field.
2. Maintenance of Facilities: University will take care to keep the
field area clean during University's use of the field. When the
snack bar is used, the University will maintain it and leave it in as
good a condition as it was when they arrived.
3. Adherence to City Regulations: University will insure that all
players, coaches, and staff will adhere to City regulations at all
times. City reserves the right to close the field if requests for
compliance to regulations are not met.
4. Use of Sign Panels on Outfield Fence: University will use
existing sign panels to solicit advertising in support of Men's
Baseball Scholarships at University. University will solicit
businesses in San Bernardino and Riverside Counties. A fee of
$500 will be charged for each sign. University will produce,
install, and maintain sign as needed. University will pay the City a
fee often percent (10%) for each sign used for advertising.
IV. UNIVERSITY SWIMMING POOL:
A. University's Responsibilities:
1. Pool Operation: The University will manage and operate the pool
on the City's standard summer swim schedule of 9-10 weeks
duration and will assume complete responsibility for the pool
operations during this time. The pool will be open for public use
Monday through Saturday from I :00 p.m. to 4:30 p.m.
2. Pool Maintenance: University will maintain the pool in a clean
and safe condition.
3. Staffing: University will provide and pay for all necessary staffing
to insure the proper supervision and safety of the participants as
specified by industry standards.
2001-263
3. Staffing: University will provide and pay for all necessary staffing
to insure the proper supervision and safety of the participants as
specified by industry standards.
4. Safety: The University will insure that all necessary regulations
are enforced for the safety of the public's use of the pool. This
includes the public's awareness of the various depths of the pool as
well as normal supervision of the general use of the pool. The
maximum number of public swimmers allowed in the pool area at
one time is 130. If, in the opinion of the University, the pool is
operated in an unsafe condition, the University will close the pool.
5. Public Use: The University will insure that the public will have
designated access to the pool area and to restrooms.
6. Shower Facility: University will construct a temporary shower
facility near the south gate entrance for use by the public.
7. Vehicular Traffic/Parking: All vehicles operated on campus are
subject to the California Vehicle Code and University's Vehicular
Traffic Regulations and are restricted to university public access
roads. Public vehicular traffic is not allowed on any inner-campus
roadways Or walkways.
a. Vehicles of pool staff and patrons shall be parked in approved
parking lots and shall be subject to University's parking
policy.
b. University agrees to provide free parking for staff.
c. Violators of any parking andlor traffic regulations are subject
to citations and fines.
d. City shall advise the public of this program verbally and in any
printed materials distributed regarding this program.
V. OTHER ATHLETIC FACILITIES:
The University agrees, that when requested by City, additional athletic facilities
may be made available upon request to accommodate such City sponsored
programs as youth track and basketball, Special Olympics and Senior Olympics.
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2001-263
City's Responsibilities:
1. Maintenance of Facilities: City will take care to keep clean the
athletic facilities utilized during City's use of the facilities.
2. Adherence to University Regulations: City will insure that all
participants, coaches, volunteers, staff and spectators will adhere to
University regulations at all times. University reserves the right to
close facility if requests for compliance to regulations are not met.
University's Responsibilities:
1. Maintenance of Facilities: University will maintain the athletic
facilities in a clean and safe condition.
2. Parking: University will maintain the paved parking areas in good
and clean condition for the public's safety.
3. Lighting: University will provide and maintain sports and security
lighting in all areas to insure the safety of the participants and the
public.
4. Open and Closing of Facilities: University will provide a staff
person to unlock facilities prior to and to lockup after all uses. The
University reserves the right to determine the usability of facilities
and at its sole discretion rnay close facilities.
VI. DISCRIMINATION:
A.
B.
City and University mutually agree that the activities provided under this
Agreement and all employment offered by City and University under this
Agreement shall be free of discrimination based upon race, color, creed, age, sex,
disability or national origin. City and University shall comply with Affirmative
Action Guidelines in their employment practices.
VII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS:
University will save harmless and indemnify City against all claims, demands,
suits, judgements, expenses and costs of any and every kind, insofar as legally
required, on account of the injury to or death of persons Or loss of or damage to
property arising in any manner out of the performance of this Agreement.
2001-263
City will save harmless and indemnify the State of California and University
against all claims, demands, suits, judgements, expenses and costs of any and
every kind, insofar as legally required, on account of the injury to or death of
persons or loss of or damage to property arising in any manner out of the
performance of this Agreement. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this agreement shall be
considered as "costs" for the purposes of this paragraph.
VIII. AMENDMENTS TO THE AGREEMENT: This Agreement may only be
changed by written amendment signed by authorized officials of City and
University. No oral agreements shall be binding or of any effect on either party.
California State University City of San Bernardino
San Bernardino Parks, Recreation and Community
5500 University Parkway Services Dep ment
San Bernardino, CA 92407-2397 547 North erra Way
San e rdino, CA 92410-4816
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By 1\-"~ /}>~
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Procurement & Support Services Officer
Title
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August 23, 2001
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Attest:
Approved as to form
and legal content:
Bya~h.~
CSUy Clerk
James F. Penman
City Attorney
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cal state university agreement
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