HomeMy WebLinkAbout2005-413
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NOTE:
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THIS RESOLUTION IS NULL & VOID DUE TO CIRCUMSTANCES OUT OF CITY'S CONTROL
BETWEEN THE CONTRACTOR AND CONCESSIONAIRE CAUSING THE CONTRACTOR TO REFUSE
TO SIGN THE CONTRACT UNTIL AN INVESTIGATION HAS BEEN COMPLETED.
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RESOLUTION NO. 2005-413
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 CELTIC SOCCER CLUB FOR USE OF THE SAN BERNARDINO SOCCER
COMPLEX 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
authorized and directed to execute on behalf of said City an Agreement with the Celtic Soccer
Club related to the use of the San Bernardino Soccer Complex, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
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length.
SECTION 2. The permit authorized by this resolution shall not take effect until fully
signed and executed 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.
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SECTION 3. 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 60 days following effective date of the Resolution.
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2005-413
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 CELTIC SOCCER CLUB FOR USE OF THE SAN BERNARDINO SOCCER
COMPLEX FOR A S-YEAR PERIOD.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 . and Common Council of the City of San Bernardino at a joint regular
,
71' meeting thereof, held on the 5th
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8 vote, to wit:
day of December
, 2005, by the following
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111
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NAYS
ABSTAIN ABSENT
Council Members: AYES
ESTRADA ---1L-
LONGVILLE ----X-
MCGINNIS X
DERRY X
KELLEY X
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JOHNSON ---1L-
MCCAMMACK
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!p ~!1 U1! ' 9Jty Clock. 861-
The foregoing resolution is hereby approved this ~ da~~ ~ m bp.y ,
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2005.
Approved as to
Form and legal content:
J ith Valles, Mayor
C ty of San Bernardino
JAMES F. PENMAN,
City Attorney
nA)
By: 1w~ 7ol.e-~
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** NOTE: PER PARKS & RECREATION AGREEMENT WAS NOT
EXECUTED BY OTHER PARTY AND WILL GO BACK
TO COUNCIL AT A LATER DATE
AGREEMENT
SAN BERNARDINO SOCCER COMPLEX
By and Between
CEL TIC SOCCER CLUB
"CONTRACTOR"
And
CITY OF SAN BERNARDINO
"CITY"
ORIGINAl.
THIS AGREEMENT is entered into this 20th day of December, 2005 by and
between the CELTIC SOCCER CLUB (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 recognizes the special economic impact generated by the Celtic
Cup (hereinafter referred to as "Event") and is interested in continuing its collaboration
with Contractor at the San Bernardino Soccer Complex;
NOW THEREFORE in consideration of the mutual covenants, benefits and
premises hereinabove stated, the parties hereto agree as follows:
Section 1. Terms of Agreement. This Agreement shall commence on the
20th day of December 2005, and ending on the 19th day of December 2010, unless sooner
terminated 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
otherwise mutually agreed upon in writing, Contractor shall be responsible for payment
of all fees, bonds and deposits identified herein.
Section 3. Waiver of fee~. In consideration of the special economic impact
generated by the Celtic Cup the City shall waive field use fees identified below. City
shall retain the right to raise the parking fees to offset the cost of operations of the soccer
complex at its sole discretion.
The calculation of City fees shall be made in accordance with the following fee
schedule:
2 day tournament on 17 fields - $3,500*
3 day tournament on 17 fields - $5,250*
Clean up fee:
1) 1 - 4
2) 5 - 8
3) 9 - 12
4) 13 ~ 17
fields
fields
fields
fields
$ 125
$ 250
$ 375
$ 500
Section 4. Refundable Deposits. Contractor shall submit a refundable deposit
of three thousand dollars ($3,000) by no later than December 151 of the preceding year.
Refundable Damage Bond and Clean-up Deposit shall apply to the Celtic Cup six-
weekends as a single event.
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Contractor shall provide a damage bond at least two weeks prior to the event date based
on number of people at the Complex for the scheduled event, in an amount sufficient to
cover potential damages to City property and equipment which may occur and to recover
other costs which may accrue as a result of the scheduled activities. Minimum bonds and
deposits are as follows:
Number of People Damage Bond Clean-up Deposit
Fewer than 50 $ 300 $ 75
50 - 100 $ 500 $ 150
101 - 200 $ 750 $ 300
201 - 500 $1,000 $ 750
501 - 1,000 $2,000 $1,500
1,000 + $5,000 $3,000
Refundable deposits held pursuant to this resolution may be refunded in full or in part
within fourteen (14) days after completion of the use period. No refund shall be made
until the using party or group has secured a signed inspection and release form from the
appropriate facility manager, and delivered this executed release form to the Parks,
Recreation and Community Services Department. Deductions for any damage to the
facility or for clean up and repairs shall be made from the said deposit by City.
Contractor will provide for continuous clean up during the event. If Contractor agrees to
clean up, Contractor shall provide personnel to empty trash receptacles into the large
trash bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning
Deposit is required at least 60 days prior to the event date. Contractor shall clean facility
immediately following the end of the event.
Cleaning Deposit shall be forfeited in whole or part, if upon inspection by a Parks,
Recreation and Community Department representative, the facility has not been properly
cleaned. If applicant agrees for the City to clean up, a $500 fee will be paid upon
application of the use permit.
Section 5. Cancellation. In the event of a cancellation by Contractor at least
ninety (90) days in advance of the scheduled event, facility use shall revert to the City. In
the event of a cancellation in less than ninety (90) days by Contractor, the $3,000 deposit
will be retained as liquidating damages. If the event is cancelled due to inclement weather
or field conditions as determined by City with Contractor consultation, Contractor shall
be given a priority to reschedule event on another date with available (i.e. unscheduled)
facility(ies) or deposit shall be refunded in full.
Section 6. Scope of Services - Contractor and City. During the term of this
Agreement, Contractor shall provide the following activities described in Attachment A.
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Section 7. Insurance. Contractor shall procure and maintain in force during
the term of this permit 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 $1,000,000. 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 furnished to the Director of Parks, Recreation and Community
Services Department. Failure to provide insurance as stated herein will be cause for
immediate termination of this permit.
Contractor shall provide to the City evidence of public liability insurance for those
vendors acquired by Contractor as determined 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 ($1,000,000) must also
be included in the insurance.
In the event of an emergency response by City forces caused by malfeasance and/or
neglect by Contractor and/or its participants, Contractor shall be sufficiently insured and
require its participants to be sufficiently insured and certified by their respective state
associations.
Section 8. Use of Amplified Sound or Public Address System. "Amplified
sound" means speech or music, projected or transmitted by electronic equipment,
including amplifiers, loudspeakers, microphones, bull horns or similar devices which are
intended to increase the volume, range, distance, or intensity of speech or music and are
powered by electricity, battery or combustible fuel.
It is unlawful to cause the amplification of sound exceeding twenty-five watts total output
from all channels of equipment used except pursuant to an exclusive use permit issued
under provisions of City Municipal Code Chapter 12.80.130 and subject to the following
conditions:
a The location of any bandstand and the position of each loudspeaker shall be as
specified by the Director of Parks, Recreation and Community Services
Department so as to allow the least amount of amplified sound to be audible in
any adjacent residential neighborhoods.
b Amplified sound shall not exceed ninety-five decibels at a point fifty feet in front
of the center point of the distance between loudspeaker installations.
Section 9. First Aid. Contractor agrees to provide Emergency Medical
Treatment (EMT)/Ambulance Service and/or First Aid Station on site for the duration of
the event. The applicant prior to the event date shall provide a duty schedule.
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Section 10. Contractual Agreements. At least two weeks prior to event,
Contractor shall furnish to the Parks, Recreation and Community Services Department a
copy of signed contracts between Contractor and any vendors or other providers of
services for the event.
Section 11. 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. The Contractor shall not be responsible to defend or hold
harmless 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 City as a result of CITY'S
actions, malfeasance or nonfeasance.
Section 12. 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 13. 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 14. 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
normal costs of Worker's Compensation Insurance as applicable.
Section 15. Termination. 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 terms 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
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compliance or terminate the contract; unless both parties mutually agree in writing to
other terms and conditions. Contractor agrees to remove all equipment within five (5)
days of the termination of this Agreement.
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 any applicable records needed to resolve
any disputes, other than the Contractor's financial records. Contractor shall maintain all
records for the minimum period of five (5) years.
Section 18. Attorney's Fees. If any action in law or equity is brought forth to
enforce the terms 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 ofthis section.
Section 19. Amendments. This Agreement may be amended by mutual
consent of both parties in writing by form of memorandum signed by both parties.
Section 20. Notice. Any written notice to the parties hereto shall be delivered
in person or sent by registered mail, postage prepaid, to the following address:
CONTRACTOR:
MATT McDONAGH
P.O. Box 31
Upland, CA 91785
(909) 985 5555
CITY:
LEMUEL P. RANDOLPH
547 North Sierra Way
San Bernardino, CA 92410-4816
(909) 384 5030
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate at San Bernardino, California as ofthe day and year first above written.
The terms and conditions of this Agreement are hereby agreed to this 'Jii. day of
fk{'p./)~'''--[Jj'v' , 2005.
Nothing in this paragraph shall prevent the giving of notice by personal service.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year set forth at the beginning of this Agreement.
ATTEST:
By ~JJ a~
. Rachel Clark, City Clerk .
!~ ~;.L,-, )k~.~ ~ f2tj; c:t~
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
.8AN BERNARDINO
By
Title
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ATTACHMENT A
SCOPE OF SERVICES
1. Scope of Services - Contractor
a. Conduct the Event at the San Bernardino Soccer Complex for a minimum of six
(6) weekends or their equivalent each year for five years, including but not limited
to: Celtic Cup Youngers in the month of January and Celtic Cup Olders in the
month of March. Contractor guarantees a minimum of one thousand, one hundred
(1,100) matches per year at San Bernardino Soccer Complex.
b. Contractor shall have exclusive use of the San Bernardino Complex during
designated tournament play, and no other sports organization, sports team or high
school team will have the authority to use the fields for any purpose whatsoever
without the express prior written consent of both parties. Contractor will reserve
the right to cancel Agreement should any violation occur.
c. Contractor, during its exclusive use, shall be allowed to:
1) Drive golf carts, provided they are driven safely along designated routes as
determined by City.
2) 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
3) Store overnight equipment owned by Contractor and/or its sponsors for
tournament use, provided that they are properly secured in City designated
storage areas.
4) Without charge, the use of twelve (12) designated parking spaces near the
office at the south end of the San Bernardino Soccer Complex.
5) Erect and maintain twelve (12) E-Z Up portable shelters at the San Bernardino
Soccer complex
6) Display up to two hundred (200) flags and two hundred (200) banners at the
San Bernardino Soccer Complex.
7) Exhibit and sell Celtic Soccer League and Celtic Cup apparel, trinkets and
memorabilia
8) Exclusive use of the Atrium located in the northern section of the San
Bernardino Soccer Complex
9) Contractor shall have the right to alter the San Bernardino Soccer Complex
field configuration at its discretion in order to accommodate the needs of the
division six players (U8, U9 and Ul 0). Contractor shall notify the appropriate
City personnel no later than one (1) week prior to the event date.
10) Contractor shall have the right to prepare the Complex per past practices at
least three days prior to each weekend event.
d. Contractor shall provide at Contractor's expense and locate at least twelve (12)
hours prior to and during each Contractor tournament four (4) extra portable
sanitary units adjacent to the northern lavatory for the exclusive use by females
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with a sign placed designating said units for exclusive use by females. Empty and
clean the portable sanitary units Saturday after 4:00 p.m. by contract supplier, the
cost of which shall be paid by Contractor.
e. Contractor shall provide for one-half the cost of paid professional security on and
off campus during tournament days and overnight.
f. 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.
2. Scope of Services - City.
a. City shall maintain San Bernardino Soccer Complex seventeen-field configuration
respectively without alteration, unless otherwise agreed upon in writing.
b. City grants Contractor, during its exclusive use of the San Bernardino Complex,
the authority to designate commercial sponsors approved in writing by City for
the sole purpose of offering non-food items for sale, set up displays, advertise and
generally promote sales and other events at both complexes, including but not
limited to the promotion by automobiles dealers of their automobiles. City
reserves the right to approve specific sponsors, locations, design and other related
activity and shall not withhold approval of any reasonable request.
c. 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. This
fee charge shall not apply to any vendors acquired by Contractor. Contractor
shall not require payment of any fees by selected vendors without prior written
approval by City.
d. City shall provide and maintain in place at the San Bernardino Soccer Complex:
I) Soccer goal posts, nets and comer flags immediately prior to and during
each Contractor tournament. These goal posts are specifically identified
as seventeen (17) sets of eight foot by twenty-four foot (8' x 24') goals
posts and Contractor-owned fourteen (14) sets of seven foot by twenty-one
foot (7' x 21 ') goal posts for use by the Under-ten (U 10) and younger age
groups. ~occer goal posts, nets and comer flags immediately prior to and
during each Contractor tournament.
2) At least twelve (12) hours prior to the commencement of each Contractor
tournament at both complexes, the City will cause each field to be
properly and fully lined with paint. Paint shall include a spectator restraint
line to be placed on both sides of each field parallel to and one yard away
from the touchline from a point commencing from the halfway line
extending twenty-five (25) yards in each direction and painted with blue
color paint.
3) Clean lavatories, including the assignment of a full-time attendant for all
lavatories.
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Gomez_Ei
-,-----~_..~"- ~^'-,.,~--~-~_._~--,~..._--~~----~-~-----~~--'---"--~--
From: Piantadosi De
Sent: Tuesday, January 31,2006 1 :32 PM
To: Gomez_Ei
Cc: Randolph_Le
Subject: Celtic Cup Contract Reso 2005-413
RE: Your request for signed copy of Celtic Cup Contract
As per your request, please find below a brief explanation of why the department has not forwarded a signed copy of
the Celtic Cup Contract.
This contract was reviewed by both Contractor (Celtic Cup) and Department prior to the submittal of Request for
Council Action; however, circumstances out of our control between the Contractor and Concessionaire have caused the
Contractor to refuse to sign the contract until an investigation of his concerns has been completed. This item is being
reviewed by City Administrator's Office, City Attorney's Office, and our department to resolve this issue professionally
and fairly for both parties involved. It most likely will not be resolved before the expiration date (2-3-06) of the
resolution. Therefore, this item will most likely be going back to council in the near future. I will keep you informed of
any updated information on this matter.
Debra L. Piantadosi
Senior Secretary
City of San Bernardino
Parks. Recreation & Community Services Dept.
547 N. Sierra Way
San Bernardino, CA 92410-4816
(909) 384-5233 (Ext. 2010)
piantadosi_ de@sbcity.org
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