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HomeMy WebLinkAbout1995-353 1 2 3 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 RESOLUTION NO. 95-353 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 OUTDOOR ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD AND REPEALING RESOLUTION 95-38. 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 outdoor athletic facilities 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. SECTION 3. Resolution 95-38 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the reqular October 16th , 1995 by the following vote, to day of wit: II II 9/27/95 -1- ;f'f ;: {; ;; 1 RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALILFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR 2 USE OF OUTDOOR ATHLETIC FACILITIES AND FISCALINI FIELD AND REPEALING RESOLUTION 95-38. 3 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 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN X HERNANDEZ X OBERHELMAN X DEVLIN X POPE-LUDLUM X MILLER X ~~ Rac 1 Clark, City ClerK 101:'- The foregoing resolution is hereby approved this of October , 1995. Approved as to form and legal content: James F. Penman City Attorney 4_?'~ By: cal state-fac pool/field-u 9/27/95 ~ r------,~ \ . /1 44' . - .y-\ s// i/I;;;:-~&~~-- Tom Minor, Mayor City of San Bernardino -2- 95-353 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 I, 1995 and terminating June 30, 1996 and for the City's use of the University's athletic facilities 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'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 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. - 1 - /?'J _ c:-.'i/ /.} / ___1 _) ~ 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: 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. 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. - 2 - /..,....." ---, 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. 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 $ 1.50 at the Information Booth at the entrance to the campus. Monthly permits will be available for $ 12.00 each for staff. 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. - 3 - ~ () - < , 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. 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. 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. - 4 - ./" , ? ~ to. ..;' "' 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. California State University, San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 ~ City of San Bernardino __-j' . )//1 ~~ , ~ .L?t4 Signature '/J1 Title~ Title II(~S- Date /1-))-15- Date Attest:~J......L ~Clerk AD/cal state agreement 9/14/95 JAKlamt .5 -