HomeMy WebLinkAbout1997-026
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RESOLUTION NO. 97-26
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN
4 BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S
ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Director of Parks, Recreation and Community Services
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Department of the City of San Bernardino is hereby authorized to execute an agreement with
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10 California State University, San Bernardino providing for the cooperative uses of the
11 University's athletic facilities and City's Fiscalini Field, a copy of which is attached hereto
12 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
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of no further effect if the agreement is not executed by both parties and returned to the Office
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of the City Clerk within sixty (60) days following the effective date of the Resolution.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
18 Common Council of the City of San Bernardino at a regular
meeting thereof, held on
, 1997 by the following vote, to wit:
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97-26
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES
2 DEPARTMENT TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES
3 OF THE UNIVERSITY'S ATHLETIC FACILITIES AND THE CITY'S FlSCALINI
4 FIELD.
5 COUNCIL MEMBERS:
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7
AYES
NAYS
ABSTAIN ABSENT
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CURLIN
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day of
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The foregoing Resolution is hereby approved this
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February
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Tom Minor, Mayor
City of San Bernardino
, 1997.
Approved as to form
21 and legal content:
22
James F. Pemnan,
23 City A~torney
By: 4Z'~ '1
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Cal state
97-26
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 for the period of three
years commencing January 1, 1997 and terminating December 31, 1999 in accordance with the
following 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. USE OF FISCALINI FIELD:
A. City's Responsibilities:
1. Maintenance of Field: City will maintain the field in good condition
during the 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 to lock up after all uses according to the
approved schedule of use as described herein. The City reserves the right
to determine the play-ability of the field and at its sole discretion may
close the field.
6. Use of Club House: City will allow University to use the club house
which includes the manager's office, training room, restrooms and
showers.
7. Use of Scoreboard and P.A. System: After training by City staff, City
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97-26
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.
B. University's Responsibilities:
1. Use of Facilities: University will use facilities for baseball practices and
games according to a pre-approved schedule as 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 $ 1,000 will be charged for each sign.
University will produce, install and maintain sign as needed. University
will pay to the City a fee of ten percent (10 %) for each sign used for
advertising.
III. UNIVERSITY SWIMMING POOL:
The University understands that the City mayor may not be funded to operate a public
swim program at the University. Should the City be funded, the following conditions
would prevail.
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97-26
A. City's Responsibilities:
1. Hours of Operation: City will manage the pool for public use Monday
through Saturday from 1:00 p.m. to 4:30 p.m. and will assume complete
responsibility for the pool operation during this time.
2. Public Use: City will insure that the public enters and exits the pool area
through the south gate and that all bathers shower prior to entering the
pool area. The restrooms available to the public are located in the Pool
Maintenance Building. City will insure that the Physical Education
Building, including the locker rooms, is not used by the public.
3. Staffing: City will provide and pay for all necessary staffing, including
a pool manager (who will also serve as a lifeguard), 2 to 3 lifeguards in
addition to the manager, a cashier and an attendant to restrict public
access to the University's Physical Education Building. The pool staff
will have access to the pool office.
The University reserves the right to designate the pool to be used and to
approve the appointment of the pool manager. The University also
reserves the right to request the dismissal of any member of the City's
staff for good cause and the City will comply immediately with such
request.
4. Pool Area Maintenance: City staff will hose deck area and pick up all
trash in the pool area at the end of each day.
5. Safety: City 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.
B. University's Responsibilities:
1. Pool Maintenance: University will maintain the pool in a clean and safe
condition.
2. University Use: The University will operate the pool at all times other
than the City's hours of operation. University members may also use the
pool at no charge during the hours designated for the City. University
members will enter and exit the pool area through the Physical Education
Building.
3. Shower Facility: University will construct a temporary shower facility
near the south gate entrance for use by the public.
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C. Vehicular Traffic/Parking:
All vehicles operated on campus are subject to the California Vehicle Code and
the 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.
Vehicles of pool staff and patrons shall be parked in approved parking lots and
shall be subject to University's parking policy.
Violators of any parking and/or traffic regulations are subject to citations and
fines.
City shall advise the public of this program verbally and in any printed materials
distributed regarding this program.
IV. OTHER ATHLETIC FACILITIES:
The University agrees, that when requested by City, additional outdoor athletic facilities
may be made available upon request to accommodate such City sponsored programs as
youth track and basketball, Special Olympics and Senior Olympics.
A. 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.
B. 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 may close facilities.
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97-26
V. DISCRIMINATION:
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.
VI. 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 it may legally do so
and subject to the availability of funds, 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.
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 it may legally do so and subject to the availability of funds, 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.
VII. 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.
City of San Bernardino
Parks, Rercreation and Community
Services Department
547 North Sierra Way
SaI~ar~inO' CA 92410-4816
By '1.I(21:~
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California State University,
San Bernardino
5500 University Parkway
San Bernardino, CA 92407-2397
Procurement & Support Service6 Officer
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Date
Approved as to form
and legal content:
Attest:
BY~~
CIty Clerk
James F. Penman
City Attorney
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