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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lemuel P. Randolph, Director
SUBJECT: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
MAYOR OR HER DESIGNEE TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE COAST
SOCCER LEAGUE FOR USE OF THE SAN
BERNARDINO SOCCER COMPLEX FOR A 5-
YEAR PERIOD.
MICC Meeting Date: Dec. 19, 2005
Dept: Parks, Recreation &
Community Services Dept.
Date: December 5, 2005
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
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Signature
Contact person:
Lemuel Randolph
Phone: 5030
Supporting data attached: s!affreport Reso & Arreemenl Ward: 7
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Arrt n"''''''iptinn)
Finance:
Council Notes:
Agenda Item No. -M-
I:tJ I~I D5
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor or her designee to execute an Agreement between the City of San Bernardino and the
Coast Soccer League for use of the San Bernardino Soccer Complex for a 5-year period.
Background:
Since October of 2002. the City has maintained and operated the San Bernardino Soccer
Complex. Operations have consisted primarily of annual weekend events sponsored by several
youth soccer organizations. While these events account for the vast majority of annual operating
revenue, it has been a challenge to secure these events over a long-term basis given the
competition of other soccer venues in southern California.
In May 0[2004, the City contracted with Bruce Daniels to provide comprehensive marketing and
operations of the complex. One of the tasks defined in that contract was to secure multi-year
agreements for soccer events with our largest user groups. Coast Soccer League is the largest
user of the Soccer Complex, typically comprising 12-14 weekends of use per year. Coast Soccer
League is interested in expanding their use of the complex. Successful negotiations over the last
several months have concluded in a 5-year agreement with Coast Soccer League. The general
terms of this agreement are as follows:
1. Contractor shall have exclusive use of the San Bernardino Soccer Complex for the following
dates. Contractor shall utilize an average of four (4) games per field per day and 17 fields per day
for the following dates to take place at the San Bernardino Soccer Complex each year:
. February - Four weekends @ 17 fields per day
. April- Five weekends @ 17 fields per day
. Eleven weekends starting Labor Day through the first weekend in December. excluding
Thanksgiving weekend. Contractor shall have the option of reserving up to an additional six
(6) weekends. subject to availability of fields.
2. Contractor shall pay $3.500 field use fees per two-day event and $4.500 for three-day events.
3. City shall retain all parking revenue.
4. City shall retain all concession commissions.
5. Contractor agrees to pay its fair share portion for security fees. the amount of which shall bc
determined.
6. Contr~ctor agrees to providc one full-page ad for the San Bernardino Soccer Complex in its 0
Coach s Handbook. CIty shall provide the artwork.? ~ , a..c. .
~-r '110. 2/r
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7. Contractor and City must mutually agree to any increases in parking fees.
8. Contractor shall have the opportunity to advise the City on the selection of any and all food
concessionaires and/or food vendors. non-food vendors. subcontractors.
Financial Impact:
Parking and Concession revenue estimated at $160,000 annually or $800,000 over (5) years.
Revenues for FY 05-06 have already been included in the FY 05-06 budget.
Recommendation:
Adopt Resolution.
,
.I.
RESOLUTION NO.
(j'
~I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
01,1 OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
" EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
! I THE COAST SOCCER LEAGUE FOR USE OF THE SAN BERNARDINO SOCCER
CO!\IPLEX FOR A 5-YEAR PERIOD.
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
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authorized and directed to execute on behalf of said City an Agreement with the Coast Soccer
10
League related to the use of the San Bernardino Soccer Complex, a copy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
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length.
SECTION 2. The pell11it authorized by this resolution shall not take effect until fully
signed and exccuted by both parties. Neither party shall be obligated hereunder unless and
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until the permit is fully executed and no oral agreement relating thereto shall be implied or
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authorized.
SECTION 3. The authorization grantcd hereunder shall expire and be void and of no
fllrti1cr effect if the agreement is not executed by both parties and retllll1ed to the Office of the I
City Clerk wnhll1 60 days following etTective date of the Resolution
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO Al'iD
THE COAST SOCCER LEAGUE FOR USE OF THE SAN BERNARDINO SOCCER
COMPLEX FOR A 5-YEAR PERIOD.
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
day of
. 2005, by the following
yote. to wit:
Council Members: A YES
ABSTAIN ABSENT
NAYS
ESTRADA
LONGVILLE
MCGJ'\lNIS
DERRY
KELLEY
~'~ JOHNSON
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Rachel G. Clark. City Clerk
The foregoing resolution is hereby apprmed this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F PENMAN.
City Attorney
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O/I/tJ/NAL
AGREEMENT
SAN BERNARDINO SOCCER COMPLEX
By and Between
COAST SOCCER LEAGUE
("CONTRACTOR")
And
CITy OF SAN BERNARDINO
("CITY")
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Page 10[8
Agreement are confidential, and shall not be made available to any third parties without prior
mutual written consent.
Section 9. Hold Harmless All officers. agents, employees, subcontractors, their
agents, officers and employees who are hired by or engaged by Contractor in the performance of
this Agreement shall be deemed officers, agents and employees and subcontractors of the
Contractor and City shall not be liable or responsible for anything whatsoever other than the
liability to the Contractor as set forth in this Agreement.
Contractor agrees to reimburse the City or injured party for any damage of any nature whether
bodily, property or otherwise caused by itself, its employees, agents or subcontractors in respect
to the operation of this Agreement or the use of any equipment or officer of the Contractor for
any damages occasioned thereto by the malfeasance of said Contractor, its employees, agents,
subcontractors or employees thereof in respect to the operation of this Agreement or the use of
any vehicle, equipment or machinery in performing this Agreement, and said Contractor further
agrees to hold harmless and defend in all proceedings and courts of law said City in respect to
any claim or legal proceeding or judgment made, filed or represented against the foregoing by
reason of said malfeasance or nonfeasance.
Section 10. Compliance with All Laws. Contractor shall obtain all proper licenses
and certificates required for the proper operation of the facilities and shall abide by all federal,
state, county and local laws associated with the provision of said services.
Section 11. Standards of Operations. Contractor shall meet and conform to the
following to meet minimum standards of operations. Contractor agrees to assist in the operation
of said facility as agreed upon by the City.
Section 12. Independent Contractor Status. Contractor is contracted hereunder to
render a professional service with the scope of its training and experience and only bears a legal
relationship of independent contractor to the City with respect to the services to be performed.
As such, the City shall not he called upon to assume any liability for the direct payment of any
salary, wage or other compensation to any person employed by Contractor to perform the
services hereunder. Contractor shall provide for norn1al costs of Worker's Compensation
Insurance as applicable.
Section 13. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California applicable to contracts entered into and
wholly to be perfonned within the State of California.
Section 14. Entire Agreement. This Agreement constitutes the entire understanding
between Contractor and City, and cannot be altered or modified except by an agreement in
writing signed by hoth panies. Upon its execution, this Agreement shall supersede all prior
negotiations, understandings and agreements, whether oral or written, and such prior agreements
shall thereupon be null and void and without further legal effect.
Page40f8
Section IS. Tennination. With the exception of any other provision of this Agreement
to the contrary, this agreement may be terminated by either party with cause, or any other time
deemed mutually acceptable by both parties. In the event that either party is determined to be in
substantial default with the ten115 and conditions of this contract, the other part will provide
written notice explaining its position in detail. The party determined to be in default shall be
provided 30 days to come into substantial compliance or terminate the contract; unless both
parties mutually agree in writing to other terms and conditions. Contractor agrees to remove all
equipment within fi,'e (5) days of the tennination of this Agreement. If Contractor defaults on
its obligations to the extent of warranting tern1ination, Contractor shall be responsible for
payment within thirty (30) days of termination any and all fees and/or donations of equivalent
value as determined by City for use of the facility prior to tennination.
Section 16. Assignment. Contractor shall not assign, sublet or lease any part or
portion of this Agreement without the prior written approval of City.
Section 17. Miscellaneous. Contractor shall maintain a record keeping system
satisfactory to the City being permitted access to these records. Contractor shall maintain all
records for the minimum period of five (5) years.
Section 18. Attomev's Fees. Ifany action in law or equity is brought forth to enforce
the tenns of this Agreement, the prevailing party shall be entitled to an award of reasonable
attomey's fees. The costs. salary and expenses of the City Attomey and members of his office in
enforcing this contract on behalf of the City shall be considered as 'Attorney's fees' for purposes
of this section.
Section 19. Amendments. This Agreement may be amended by mutual consent of
both pa11ies in writing by form of memorandum signed by both parties.
Section 20. Notice. Any written notice and/or payments hereunder to the parties
hereto shall be delivered in person or sent by registered mail, postage prepaid. by fax, ovemight
mail or first-class mail, return receipt requested, as appropriate, to the parties at the following
address or to such other place or person designated in writing by either pat1y and sent in
accordance with these notice provisions.
CONTRACTOR:
GAR Y SPARKS
Coast Soccer League
924 E. Chapman Avenue
Orange, CA 92866
(949) 302 1413
CITY:
LEMUEL P. RANDOLPH
Parks, Rec. & Comm. Svcs. Dept.
547 North Sierra Way
San Bernardino, CA 92410-4816
(909) 384 5030
Page50f8
IN \\'ITNESS WHEREOF. the parties hereto havc executed this Agreement in triplicate at San
Bernardino. California as of the day and year first above written.
The terms and conditions of this Agreement are hereby agreed to this
.2005.
day of
Nothing in this paragraph shall prevent the giving of notice by personal service.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the day and year
set forth at the beginning of this Agreement.
ATTEST:
CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
By
COAST SOCCER LEAGUE
By
Title
Approved as to
Form and legal content:
JAMES F. PENtvlAN.
City Attorney
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Page 6 of 8
A TT ACH!\lEI\T A
SCOPE OF SERVICES
I. Contractor shall comply with the terms and conditions of the attached Facility Use
Agreement and Fee Policy as modified herein. Contractor shall pay a four thousand five
hundred-dollar ($4,500) facility use fee for three-day events.
2. Contractor shall have exclusive use of the San Bemardino Soccer Complex for the following
dates. The City shall extend the right of first refusal for at least six currently available dates at
the agreed upon fee for its' other events. Said six dates to be determined. Contractor shall utilize
an average of four (4) games per field per day and 17 fields per day for the following dates to
take place at the San Bemardino Soccer Complex each year:
. February - Four weekends @ 17 fields per day
. April- Five weekends @ 17 fields per day
. Eleven weekends starting Labor Day through the first weekend 111 December, excluding
Thanksgiving weekend.
Contractor shall have the option of reserving up to an additional six (6) weekends, subject to
availability of fields.
3. City shall provide space for Contractor to place one large storage container at the Complex.
4. Contractor agrees to pay its fair share p0l1ion for security fees, the amount of which shall be
determined.
5. Contractor agrees to provide one full-page ad for the San Bemardino Soccer Complex in its
Coach's Handbook. City shall provide the al1work.
6. Contractor Privileges. Contractor shall be allowed to:
a Drive golf cans, provided they are driven safely along designated routes as determined by
City.
b Drive automobiles or other vehicles on designated pathways to prepare for Contractor
events. provided these vehicles are properly escorted to avoid damage to irrigation
system and other structures.
c Store ovemight equipment owned by Contractor and/or its sponsors for toumament use,
provided that they are properly secured in City designated storage areas.
d Without charge, the use of twelve (12) designated parking spaces near the office at the
south end of the San Bemardino Soccer Complex.
e Erect and maintain E-Z Up portable shelters at the San Bemardino Soccer complex.
f Exhibit and sell Contractor and sponsor apparel, trinkets and memorabilia.
Page 7 of 8
g Exclusive use of the Atrium located in the northem section of the San Bemardino Soccer
Complex.
h Contractor shall have the opportunity to advise the City on the selection of any and all
food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all
vendors shall be required to pay City a percentage of gross sales as determined by City.
7. Scope of Services - City. City shall provide the following at the San Bemardino Soccer
Complex:
a Full-sized and smaller-sized fields as specified by Contractor, lined with nets and
comer flags.
b Facility shall be open from one and one half (1 1/2) hours prior to first game until one
(1) hour past the end of last game.
c Trash receptacles placed and cleaned regularly throughout the facility.
d Restroom facilities cleaned regularly during event.
e City shall require any and all vendors to pay City a percentage of gross sales as
determined by City and be selected after prior consultation with Contractor.
Page 8 of 8
Exhibit '"A"
AGREEMENT
SAN BERNARDINO SOCCER COMPLEX
By and Between
COAST SOCCER LEAGliE
('"CONTRACTOR")
And
CITY OF SAN BERNARDINO
('"CITY")
Page 1 of8
THIS AGREEMENT is entered into this day of , 2005 by and
between the COAST SOCCER LEAGUE (hereinafter referred to as "Contractor"), a 501 c 3
private non-profit corporation, and the CITY OF SAN BERNARDINO, a municipal corporation
(hereinafter referred to as "City").
WHEREAS, Contractor has determined that it is in its best interest to enter into an
agreement for use of the San Bernardino Soccer Complex; and is experienced in promoting and
managing soccer tournaments and other related events; and,
WHEREAS, City, on behalf of the San Bernardino Soccer Complex, recognizes the
special economic and community impact generated by Contractor for events incorporated herein;
and.
WHEREAS, both parties are interested in continuing and expanding this
collaboration,
NOW THEREFORE in consideration of the mutual covenants, benefits and premises
hereinabove stated, the parties hereto agree as follows:
Section I. Tenn of Agreement. This Agreement shall commence on the 20th day of
December 2005, and ending on the 19th day of December 2010. unless sooner ternlinated as
hereinafter provided. This Agreement may be extended for an additional five (5) years by mutual
consent of both parties.
Section 2. Payment. Within thirty (30) days of completion of the event unless
othef\\ise mutually agreed upon in writing, Contractor shall be responsible for payment of all
fees, bonds and deposits as established by City in accordance with SPECIAL CONDITIONS OF
PER..c\1IT TO USE SAN BERNARDII\'O SOCCER COMPLEX attached hereto. Any other terms
and conditions specified in this Agreement shall supercede those identified in the Special
Conditions of Permit attached hereto.
Contractor is obliged to provide a minimum numbcr of games and dates as identified in
Attachment A herein. The provisions of Section 3 below hercin notwithstanding, failure to
comply shall result in payment of the facility use fee.
City shall have exclusive right to any and all parking & concessions and all monies therein.
Parking fees shall not exceed five dollars (55.00) per vehicle per day and fifteen dollars ($15.00)
per recreational vehicle. Any upward adjustment to the parking fee is subject to a cost for
,cI'\'ice analvsis bv City and approved hy the !\fayor and Common Council with mutual consent
of CSL. All event statT & referee parking will he provided at no cost to Contractor.
Section 3. Refundable Deposit. Contractor shall provide a refundable event bond,
damage and cleaning deposit in the amount of five thousand dollars ($5,000). Contractor shall
submit an additional refundable deposit of ten thousand ($ 10,000) upon execution of this
Page 2 0 f S
Agreement for event reservation, damage bond and clean-up deposit repayable at the end of the
fifth year of this Agreement. No other field rental payments shall be made to City for the
specific events specified herein for the term of this Agreement without the express written
consent of Contractor.
Section 4. Pavment in Lieu of the Facilitv Use Fee. Contractor may, in lieu of facility
use fees not to exceed one-hal f of the total fees owed as stated herein, cover the cost of field and
building maintenancelimpro\ements; including but not limited to labor, equipment, supplies and
materials for capital improvement projects agreed to in writing by the City and Contractor.
Section 5. Event Cancellation. Contractor shall submit a refundable deposit of five
thousand ($5,000) upon execution of this Agreement for event reservation, damage bond and
clean-up deposit repayable at the end of the fifth year of this Agreement. CSL shall pay full
facility use fees for the first weekend for any event that CSL cancels. CSL shall not be
responsible for payment of any fees for any date that the City cancels for any reason. Contractor
shall be given a priority to reschedule event on another date. The City shall pay CSL the full
facility use fees for the first weekend for a CSL event that the City cancels.
Section 6. Scope of Services. Contractor and City. During the term of this
Agreement, Contractor shall provide the following activities described in Attachment A herein.
Section 7, Insurance. Contractor shall procure and maintain in force during the term
of this pem1it and any extension thereof, at its expense, public liability insurance in companies
and through brokers approved by the City, adequate to protect against liability for damage claims
through public use of or arising out of accidents occurring in or around the premises, in a
minimum amount of 51,000,000. City shall be named as additional insured in the policy and
shall be provided a copy.
The Contractor's insurance will be primary to any coverage the City may have in effect. Such
insurance policies shall provide coverage for the City's contingent liability on such claims of
losses resulting from activities of the permit. An appropriate certificate of insurance shall be
fumished to the Director of Parks, Recreation and Community Services Department. Failure to
provide insurance as stated herein will be cause tor immediate tennination of this pennit.
Contractor shall provide to the City evidence of public liability insurance for those vendors
acquired by Contractor as detennined by the City in the amount of $1,000,000 with the City of
San Bernardino named as additional insured. When alcoholic beverages are involved, liquor
lIabilIty endorsement of one millIon dollars (51,000,000) must also be included in the insurance.
111 the e\cnt of an emergency response bv City forces caused by malfeasance and/or neglect by
("ntractor and/or Its paniclpants, Contractor shall be sufticientlv insured and require its
panicipants to be sutllciently insured and cenified by their respective state associations
Section 8. Confidentiality. Contractor and City agree that the specific terms and
conditions of this Agreement and any information relating to or disclosed in the course of this
P:l~C _~ or 8
Agreement are confidential, and shall not be made available to any third parties without prior
mutual written consent.
Section 9. Hold Harmless. All officers, agents, employees, subcontractors, their
agents, officers and employees v..ho are hired by or engaged by Contractor in the performance of
this Agreement shall be deemed officers, agents and employees and subcontractors of the
Contractor and City shall not be liable or responsible for an) thing whatsoever other than the
liability to the Contractor as set forth in this Agreement.
Contractor agrees to reimburse the City or injured party for any damage of any nature whether
bodily, property or otherwise caused by itself, its employees, agents or subcontractors in respect
to thc operation of this Agreement or the use of any equipment or officer of the Contractor for
any damages occasioned thereto by the malfeasance of said Contractor, its employees, agents,
subcontractors or employees thereof in respect to the operation of this Agreement or the use of
any \'ehicle, equipment or machinery in performing this Agreement, and said Contractor further
agrees to hold hannless and defend in all proceedings and courts of law said City in respect to
any claim or legal proceeding or judgment made, filed or represented against the foregoing by
reason of said malfeasance or nonfeasance.
Section 10. Compliance with All Laws. Contractor shall obtain all proper licenses
and cel1ifieates required for the proper operation of the facilities and shall abide by all federal,
slate, county and local laws associated with the provision of said services.
Section 11. Standards of Operations. Contractor shall meet and conform to the
following to meet minimum standards of operations. Contractor agrees to assist in the operation
of said facility as agreed upon by the City.
Section 12. Independent Contractor Status. Contractor is contracted hereunder to
render a professional service with the scope of its training and experience and only bears a legal
relationship of independent contractor to the City with respect to the services to be performed.
As such, the City shall not be called upon to assume any liability for the direct payment of any
salary, wage or other compensation to any person employed by Contractor to perform the
services hereunder. Contractor shall provide for nonllal costs of Worker's Compensation
Insurance as applicable.
Section 13. Goveming Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California applicable to contracts entered into and
wholly to be perfonlled within the State of California.
Section 14. Entire Agreement. This Agreement constitutes the entire understanding
between Contractor and City, and cannot be altered or modified except by an agreement in
writing signed by both parties. Upon its execution, this Agreement shall supersede all prior
negotiations, understandings and agreements, whether oral or written, and such prior agreements
shall thereupon be null and void and without further legal effect.
Page 4 of8
Section 15. Ternlination. With the exception of any other provision of this Agreement
to the contrary, this agreement may be ternlinated by either party with cause, or any other time
deemed mutually acceptable by both parties. In the event that either party is determined to be in
substantial default with the ten11S and conditions of this contract, the other part will provide
written notice explaining its position in detail. The party determined to be in default shall be
provided 30 days to come into substantial compliance or terminate the contract: unless both
parties mutually agree in writing to other ternlS and conditions. Contractor agrees to remove all
equipment within five (5) days of the termination of this Agreement. If Contractor defaults on
its obligations to the extent of warranting ternlination, Contractor shall be responsible for
payment within thirty (30) days of ternlination any and all fees and/or donations of equivalent
value as deternlined by City for use of the facility prior to termination.
Section 16. Assi gnment. Contractor shall not assign. sublet or lease any part or
portion of this Agreement without the prior written approval of City.
Section 17. Miscellaneous. Contractor shall maintain a record keeping system
satisfactory to the City being permitted access to these records. Contractor shall maintain all
records for the minimum period of five (5) years.
Section ]8. Attornev's Fees. Ifany action in law or equity is brought forth to enforce
the ten11S of this Agreement, the prevailing party shall be entitled to an award of reasonable
attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this contract on behalf of the City shall be considered as 'Attorney's fees' for purposes
of this section.
Section 19. Amendments. This Agreement may be amended by mutual consent of
both parties in writing by fonn of memorandum signed by both parties.
Section 20. Notice. Any written notice and/or payments hereunder to the parties
hereto shall be delivered in person or sent by regIstered mail. postage prepaid, by fax, overnight
mail or first-class mail, return receipt requested, as appropriate, to the parties at the following
address or to such other place or person designated in writing by either party and sent in
accordance with these notice provisions.
CONTRACTOR:
GARY SPARKS
Coast Soccer League
924 E. Chapman Avenue
Orange, C A 92866
(949) 302 1413
CITY:
LEMUEL P. RANDOLPH
Parks. Rec. & Comm. Svcs. Dep!.
547 North Sierra Way
San Bernardino, CA 92410-4816
(909) 384 5030
Page 5 of8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate at San
Bernardino, California as of the day and year first above written.
The terms and conditions of this Agreement are hereby agreed to this
,2005.
day of
Nothing in this paragraph shall prevent the giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
set forth at the beginning of this Agreement.
ATTEST:
CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
By
COAST SOCCER LEAGUE
By
Title
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
Page 6 of 8
ATTACHMENT A
SCOPE OF SERVICES
1. Contractor shall comply with the tenns and conditions of the attached Facility Use
Agreement and Fee Policy as modified herein. Contractor shall pay a four thousand five
hundred-dollar ($4,500) facility use fee for three-day events.
2. Contractor shall hav'e exclusive use of the San Bernardino Soccer Complex for the following
dates. The City shall extend the right of first refusal for at least six currently available dates at
the agreed upon fee for its' other events. Said six dates to be detern1ined. Contractor shall utilize
an average of four (4) games per field per day and 17 fields per day for the following dates to
take place at the San Bernardino Soccer Complex each year:
. February - Four weekends @ 17 fields per day
. April ~ Five weekends @ 17 fields per day
. Eleven weekends starting Labor Day through the first weekend in December, excluding
Thanksgiving weekend.
Contractor shall have the option of reserving up to an additional six (6) weekends, subject to
availability of fields.
3. City shall provide space for Contractor to place one large storage container at the Complex.
4. Contractor agrees to pay its fair share portion for security fees, the amount of which shall be
determined.
5. Contractor agrees to provide one full-page ad for the San Bernardino Soccer Complex in its
Coach's Handbook. City shall provide the artwork.
6. Contractor Privileges. Contractor shall be allowed to:
a Drive golf carts, provided they are driven safely along designated routes as detern1ined by
City.
b Drive automobiles or other vehicles on designated pathways to prepare for Contractor
events, provided these vehicles are properly escorted to avoid damage to irrigation
system and other structures.
c Store overnight equipment owned by Contractor and/or its sponsors for tournament use,
provided that they are properly secured in City designated storage areas.
d Without charge, the use of twelve (12) designated parking spaces near the office at the
south end of the San Bcrnardino Soccer Complex.
e Erect and maintain E-Z Up portable shelters at the San Bernardino Soccer complex.
f Exhibit and sell Contractor and sponsor apparel, trinkets and memorabilia.
Page70f8
g Exclusive use of the Atrium located in the northern section of the San Bernardino Soccer
Complex.
h Contractor shall hav.e the opportunity to advise the City on the selection of any and all
food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all
vendors shall be required to pay City a percentage of gross sales as determined by City.
7. Scope of Services - City. City shall provide the following at the San Bernardino Soccer
Complex:
a Full-sized and smaller-sized fields as specified by Contractor, lined with nets and
comer flags.
b Facility shall be open from one and one half (1 !i2) hours prior to first game until one
(I) hour past the end of last game.
c Trash receptacles placed and cleaned regularly throughout the facility.
d Restroom facilities cleaned regularly during event.
e City shall require any and all vendors to pay City a percentage of gross sales as
determined by City and be selected after prior consultation with Contractor.
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