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HomeMy WebLinkAbout24-Parks & Recreation , city OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . I:~ , From: ANNIE F. RAMOS, DIRECTOR Dept: PARKS, RECREATION & COMMUNITY SERVICES Subject: Date: JANUARY 22,1997 ORIGINAL Synopsis of Previous Council Action: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAUFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S ATHLETIC FACIUTlES AND THE CITY'S FISCAUNI FIELD. October 16, 1995 - Council approved Resolution No. 95-353 to provide cooperative uses of Cal State Pool and Fiscalini Field and repealing Resolution No. 95-38 due to changes not included In the previous agreement. "l&iC'bmiiii3il.th.d Motion: Adopt Resolution. 22 JA"i 97 iJ 2 ~ Contact person: Tom BOQQS Supporting data attached: Staff Reoort. AQreement & Resolution FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) (Ace!. Descriotion) Council Notes: Res 97 -~~ ""YCIIUG ."VIIII._. 1/22/97 amt c.lstate 1'~ Signature Phone: 5032 Ward: 2 & 5 Finance: ~/3197 #~1 . . . ~rry OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S ATHLETIC FACILITIES AND THE CITY'S FlSCALINI FIELD. The City and California State University, San Bernardino have worked cooperatively since 1983 to accommodate facility needs to meet the University's and the public's interest. The University has utilized Fiscalini Field as its home site for the men's baseball team for approximately 24 home games and practices. The City utilizes the Cal State Swimming Pool facility and has held events at other campus athletic facilities. Facility uses were handled with the normal scheduling of facilities forms through this department's reservation system. For the past four years these uses have been arranged through a use of facilities agreement approved by Resolutions No. 92-260, 95-38 and 95-353. The proposed new use agreement formalizes arrangements and conditions of use and provides for respective needs through December 31, 1999. This agreement also has provision for the University to utilize the sign panels at Fiscalini Field to sell advertising such as was done when the Spirit and Stampede were playing at the field. All advertising will be approved by City. The funds raised by the University will be used to support the University Baseball Scholarship program. The University will install and maintain the signs. City will be paid ten percent (10%) of the collected fees for use of sign space and will maintain the fence in a safe and operable condition at all times. Staff recommends approval of this Resolution and Agreement. 1/22/97 amt calstate . . . 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, and for the City's use of the University's athletic facilities for the period of three years commencing January I, 1997 and terminating December 31, 1999 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 FISCALllIIl 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 Club House: City will allow University to use the club house which includes the manager's office, training room, restrooms and showers. 7. Use of Scoreboard and P.A. System: After training by City staff, City - I - Exhibit "A" . . will allow University personnel to operate and use the scoreboard and P.A. amplification equipment. . 8. Use of Snack Bar: City will retain the first right of use of the main snack bar during all uses of Fiscalini Field. If the City does not use the snack bar, the University will be allowed to use the facility during practices and games, provided that use will be in conformance with any existing lease of Fiscalini Field. 9. 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. 10. Use of City Sign Panels on the Outfield Fence: City will allow the University to use the existing sign panels to solicit advertising in support of Men's Baseball Scholarships at the University. University will pay the City ten percent (10%) of the fee charged for each sign used for advertising. City will have final approval authority for all signs appearing on the outfield fence. 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. 4. Use of Sign Panels on Outfield Fence: University will use existing sign panels to solicit advertising in support of Men's Baseball Scholarships at University. University will solicit businesses in San Bernardino and Riverside Counties. A fee of $ 1,000 will be charged for each sign. University will produce, install and maintain sign as needed. University will pay to the City a fee of ten percent (10 %) for each sign used for advertising. . m. 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. - 2 - 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 pQol 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. Staffmg: City will provide and pay for all necessary staffmg, 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. 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 distnissal 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. lJniversity 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. - 3 - . . . C. Vehicular TrafficlParking: AIl vehicles operated on campus are subject to the California Vehicle Code and the University's Vehicular Traffic Regulations and are restricted to university public access roads. Public vehicular traffic is not allowed on any inner-campus roadways or walkways. Vehicles of pool staff and patrons shall be parked in approved parking lots and shall be subject to University's parking policy. Violators of any parking and/or traffic regulations are subject to citations and fines. City shall advise the public of this program verbally and in any printed materials distributed regarding this program. IV. OTHER ATHLETIC FACll..ITIES: 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. - 4 - , . . . . 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. 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. VIT. 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 Parks, Rercreation and Community Services Department 547 North Sierra Way San Bernardino, CA 92410-4816 By Signature By Director Title Date Date Attest: Approved as to form and legal content: By City Clerk James F. Penman City Attorney 1 .?~ Bv I ADical state "Lien( 1_11.97 TBI{;;l'" - 5-