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HomeMy WebLinkAbout2005-430 II i I 111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 2005-430 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. 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 Coast Soccer League 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 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 until the permit is fully executed and no oral agreement relating thereto shall be implied or 17 authorized. 18 19 20 21 22 23 24 25 26 27 28 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. III III III III III III 1 ; 2005-430 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY . OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO 2. I 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular 7 meeting thereof, held on the 19th , 2005, by the following day of December 8 vote, to wit: 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 ESTRADA X - LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON X MCCAMMACK X 2005. ~~ ~ C~~~ Rac el G. Clark, City Clerk ~J / ,Jf The foregoing resolution is hereby approved this /y::"-- day of December j 7~ Ne~erry, ~or Pro Tern City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney J'}~ 2005-430 AGREEMENT SAN BERNARDINO SOCCER COMPLEX By and Between COAST SOCCER LEAGUE ("CONTRACTOR") And CITY OF SAN BERNARDINO ("CITY") Page 1 of8 ORIGINAL 2005-430 \\ THIS AGREEMENT is entered into this 'V day of~ ..L-<<l&~ ,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 III 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 1. Term 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. Pavment. 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 as established by City in accordance with SPECIAL CONDITIONS OF PERMIT TO USE SAN BERNARDINO 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 number of games and dates as identified in Attachment A herein. The provisions of Section 3 below herein 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 ($5.00) 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 service analysis by City and approved by the Mayor and Common Council with mutual consent of CSL. All event staff & referee parking will be 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 of8 2005-430 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. Pavrnent in Lieu of the Facility Use Fee. Contractor may, in lieu of facility use fees not to exceed one-half of the total fees owed as stated herein, cover the cost of field and building maintenance/improvements; 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 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. 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 Page 3 of8 2005-430 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 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 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 performed 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 200~-430 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 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. If Contractor defaults on its obligations to the extent of warranting termination, 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 termination. 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. 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 of this 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 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: f3E~ 'C.w.JcliZS' GARY 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 Page 5 of8 " 2005-430 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, cj ~ms and conditions of this Agreement are hereby agreed to this ? {y day of /c.e~~ , 2005. 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: By Q,~ h. ~~ RacIicl Clark, City Clerk CITY OI::..SA~ BERNARDINQ By ",;:?'Y JAMES F, PENMAN, City Attorney By Approved as to Form and legal content: Page 6 of8 . 20CJ5-430 ATTACHMENT A SCOPE OF SERVICES 1. 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 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 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 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 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 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 Bernardino 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 ;W05~430 g Exclusive use of the Atrium located in the northern section of the San Bernardino 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 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 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. Page80f8