HomeMy WebLinkAbout1993-407
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RESOLUTION NO. 93-407
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO VALLEY COLLEGE
PROVIDING FOR THE COOPERATIVE USES OF THE COLLEGE'S ATHLETIC
FACILITIES 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 San Bernardino
10 Valley college providing for the cooperative uses of the
11 College's athletic facilities and the City'S Fiscalini Field.
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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
meeting thereof, held on the
regular
1st
day of
, 1993 by the following vote, to
November
21 wit:
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10/19/93
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93-407
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1 RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND SAN BERNARDINO VALLEY COLLEGE FOR USE OF ATHLETIC
2 FACILITIES AND FISCALINI FIELD.
The foregoing resolution is hereby approved this\.\\,,-
of November
, 1993.
, ] ,
J I i
/; 15' "(]I! / /; " "c'--
Tom Minot, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
C~ity Attorney
By: ~~ )
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cal state-fac pool/field-u
10/19/93
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c'j~ t f,.
Res. 93-407
93 -407
CITY OF SAN BERNARDINO
SAN BERNARDINO VALLEY COLLEGE
USE OF FACILITIES AGREEMENT
This Agreement, by and between San Bernardino Valley College
("College") and the City of San Bernardino ("city"), provides for
the College's use of Fiscalini Field, owned by the City, for the
period commencing November 1, 1993 and terminating December 30,
1996 and for the City's use of the College's athletic facilities
for the period commencing November 1, 1993 and terminating December
30, 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 College agrees to charge no fees for use
of the 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
staff person 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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93-407
6. Use of Snack Bar: City will allow College 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: College will rake
and mark the field in preparation for games.
College will provide all items necessary for such
preparation.
B. COLLEGE'S RESPONSIBILITIES:
1. Use of Facilities: College will use facilities for
baseball tournaments 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: College will keep
clean and remove litter and debris from the
stadium, club house, dugouts and field area
during college's use of the field. When the snack
bar is used, the College will maintain it and leave
it in as good a condition as it is when they arrive.
3. Adherence to city Regulations: college will
insure that all players, coaches, staff and
spectators 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. COLLEGE ATHLETIC FACILITIES:
A. CITY'S RESPONSIBILITIES:
1. Use of Facilities: City will use facilities for
community sports events to include, but not limited
to youth track and basketball, Special Olympics and
Senior Olympics according to a pre-approved schedule
as described herein.
2. Maintenance of Facilities: city will take care to
keep clean the athletic facilities utilized during
City's use of the facilities.
3. Adherence to College Regulations: City will
insure that all participants, coaches, volunteers,
staff and spectators will adhere to college
regulations at all times. college reserves the
right to close facility if requests for compliance
to regulations are not met.
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93-407
B. COLLEGE'S RESPONSIBILITIES:
1.
Maintenance of
the athletic
condition.
Facilities:
facilities
College will maintain
in a clean and safe
2.
Parking:
areas in
safety.
college will maintain the paved parking
good and clean condition for the pUblic's
3. Lighting: College will provide and maintain the
lighting in the stadium and in all areas to insure
the safety of the participants and the public.
4. open and Closing of Facilities: College will
provide a staff person to unlock facilities prior
to and to lockup after all uses according to the
approved schedule of use described herein. The
college reserves the right to determine the
usability of facilities and at its sole discretion
may close facilities.
C. PARKING/VEHICULAR TRAFFIC:
The City staff members and all public users will be
accommodated reasonably for parking through the
availability of on-campus parking without charge.
College reserves the right to restrict parking to
particular lots.
All vehicles operated on campus are subject to the
California Vehicle Codes and the College's vehicular
traffic regulations. staff and patrons shall restrict
vehicle operations to approved parking lots 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 College mutually agree that the activities
provided under this Agreement and all employment offered
by city and College under this Agreement shall be free of
discrimination based upon race, color, creed, age, sex,
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93-406
disability, or national original. City,and College shall
comply with affirmative action guidelines in their
employment practices.
V.
LIABILITY:
College and City agree as follows:
College 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 College 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.
VI. AMENDMENTS TO THE AGREEMENT: This agreement may only be
changed by written amendment signed by authorized
officials of city and College. No oral agreements
shall be binding or of any effect on either party.
San Bernardino Community College District
San Bernardino Valley college city of San Bernardino
701 North Mount Vernon Avenue 547 North Sierra way
San Bernardino, CA San Bernardino, CA
92410 92410
/JtQ. , tJ j) 1M
51gnature
NORMAN D. SMITH
Director
Planning/Research
Title
jj>w",] ,'"<,
51 nature
/21-L< z:
Title
November 16. 1993
Date
/1-':)-7 .~
Date
10/7/93
sbvc.useofac-u
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