HomeMy WebLinkAbout1995-038
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Repealed'by.Res. No. 95-353
RESOLUTION NO. 95-38
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY
SWIMMING POOL AND THE CITY'S FISCALINI FIELD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks,
Recreation and
Community Services Department of the City of San Bernardino is
hereby authorized to execute an agreement with California State
University, San Bernardino providing for the cooperative uses of
the University's swimming pool and City's Fiscalini Field.
SECTION 2.
The authorization granted hereunder shall
expire and be void and of no further effect if the agreement is
not executed by both parties and returned to the office 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 Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
6th
, 1995 by the following vote, to
February
day of
wit:
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1/24/95
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95-38
1 RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CALILFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR
2 USE OF SWIM POOL AND FISCALINI FIELD.
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COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
HERNANDEZ X
OBERHELMAN X
DEVLIN X
POPE-LUDLUM X
MILLER X
r? ~ C!..L<&i^*--
~Clark, City Clerk
The foregoing resolution is hereby approved this 9th
of
February
, 1995.
Approved as to form
and legal content:
James F. Penman
City torney
//
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cal state-fac pool/field-u
1/24/95
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Tom Minot, Mayor
City of San Bernardino
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Res. 95-38
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, for the period commencing February 1, 1995 and terminating June 30, 1996 and
for the City's use of the University's designated swimming pool for the period commencing June
1, 1995 and terminating September 3, 1996 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 Swimming Pool.
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 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 playability of the field and at its sole discretion may close
the field.
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6. Use of Snack Bar: City will allow University to use the snack bar
facilities during practices and games, provided that use will be in
conformance with any existing lease of Fiscalini Field.
7. 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.
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.
III. UNIVERSITY SWIMMING POOL:
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 P.E. Building, including
the locker rooms, is not used by the public.
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3. Staffing: City will provide and pay for all necessary staffing, including
a pool manager (who will also serve as a lifeguard), 2-3 lifeguards in
addition to the manager, a cashier and an attendant to restrict public access
to University's P.E. 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 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 P.E. Building.
3. Shower Facility: University will construct a temporary shower facility
near the south gate entrance for use by the public.
C. Parking/Vehicular Traffic:
The City staff members and all public users will be responsible for obtaining
parking permits for all vehicles parked on the campus. Daily permits will be
available for $1.00 at the Information Booth at the entrance to the campus.
Monthly permits will be available for $12.00 each for staff. Parking for vehicles
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with these permits will be restricted to the P.E. Parking Lot. Permits must be
displayed in the vehicles so that they may be easily seen by University Parking
Officers.
All vehicles operated on campus are subject to the California Vehicle Codes and
the University's Vehicular Traffic Regulations. Pool staff and patrons shall
restrict vehicle operations to approved parking lot and related access roads.
Public vehicular traffic is not allowed on any inner-campus roadway or walkway.
Violators of any parking and/or traffic regulations are subject to citations and fines
that can only be contested at the San Bernardino Courts.
;
City shall advise the public of this information verbally and in any printed
materials distributed regarding this program.
IV. 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 original. City and University shall comply with Affirmative
Action Guidelines in their employment practices.
V. LIABILITY: University and City agree as follows:
University will save harmless and indemnify City against all claims, demands,
suits, judgements, expenses and cost 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.
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Res. 95-38
VI. 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
5500 University Parkway
San Bernardino, Ca 92407-2397
Signature Signature
Title Title
I>ate I>ate
Attest: Clerk
Agree
UseFac-u
1/24/95
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