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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution of the Mayor and
Common Council authorizing the City
Manager to execute Amendment No. I to
Management Agreement between the City
of San Bernardino and Coast Soccer League
to provide management services at the San
Bernardino Soccer Complex for the dates
August 11-12 and September 1-3,2007.
Dept: Parks, Recreation &
Community Services Dept.
Date: July 26, 2007
MICC Meeting Date: August 6, 2007
Synopsis of Previous Council Action:
May 7, 2007 - Resolution 2007-138, Approval of Management Agreement for management of
Soccer Complex by Coast Soccer League.
February 5, 2007 - Resolution 2007-37, Approval of Management Agreement for management
of Soccer Complex by Coast Soccer League.
September 5, 2006 - Resolution 2006-318, Approval of Services Agreement for management of
Soccer Complex by Coast Soccer League.
June 19,2006 - Resolution 2006-229, Approval of Services Agreement for management of
Soccer Complex by Coast Soccer League.
Recommended Motion:
e Adopt Resolution.
Signature
Contact person: Kevin Hawkins
Phone: 5030
Supporting data attached: St.ffRp,pmt R"o & Agre,p,mp,ot Ward: 7
FUNDING REQUIREMENTS:
Amount: None
Source: N/A
(Acct. Description) N/A
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council authorizing the City Manager to execute
Amendment No. I to Management Agreement between the City of San Bernardino and Coast
Soccer League to provide management services at the San Bernardino Soccer Complex for the
dates August 11-12 and September 1-3, 2007.
Backl!:round:
On May 7, 2007, the City Council approved a Management Agreement with Coast Soccer
League (CSL) to provide management services for the San Bernardino Soccer Complex for the
dates May 5-6, 12, 19-20,26-28, June 2-3, 23-26, July 14-15, and September 8 -9, 2007 for their
annual soccer tournaments while the City reviews CSL's performance under the current
management agreement. Coast Soccer League has requested a similar arrangement to provide
for management services of the San Bernardino Soccer Complex for the additional dates of
August 11 - 12, and September I - 3, 2007 for a total of five (5) days. The majority of the
tournaments during the proposed period are sponsored by Coast Soccer League or soccer
organizations that have af:(iliations with Coast Soccer League.
Coast Soccer League will provide for all aspects of managerial operations of the Complex,
including labor and supplies for field layout and preparation, restroom and field clean up, and
parking andJood concessions. In exchange, Coast Soccer League will retain all revenue derived
from the Complex's parking facilities, food and memorabilia concession sales. The City will
continue to provide landscape maintenance services for the Complex as well as the maintenance
of buildings, structures, common areas, and parking facilities.
Coast Soccer League will pay to the City the sum of $9,332 for the additional dates. This
compensation figure was determined by evaluating the type of tournament schedule and its effect
upon parking and food concession needs. The number of teams, games, and fields of use were
compared relative to expenses for supplies and maintenance. Local versus out-of-state
participation and their impact upon local economics and the level of team fees being charged by
the organizer was also considered. Finally, Coast Soccer League will be charging a parking fee
of$5.00 to their patrons instead of the customary $7.00.
Financial Imoact:
Additional revenue to the City for this series ofCSL-sponsored tournaments will be $ 9,332.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. I TO MANAGEMENT
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COAST
SOCCER LEAGUE TO PROVIDE MANAGEMENT SERVICES AT THE SAN
BERNARDINO SOCCER COMPLEX FOR THE DATES AUGUST II-12 AND
SEPTEMBER 1-3, 2007.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized execute Amendment No. 1 to
Management Agreement between the City of San Bernardino and Coast Soccer League, a copy
of which is attached hereto, marked Exhibit "A", and incorporated herein by this reference.
SECTION 2. The authorization to execute the above referenced agreement IS
rescinded if the parties to the agreement fail to execute it within thirty (30) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO MANAGEMENT
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COAST
SOCCER LEAGUE TO PROVIDE MANAGEMENT SERVICES AT THE SAN
BERNARDINO SOCCER COMPLEX FOR THE DATES AUGUST 11-12 AND
SEPTEMBER 1-3, 2007.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
7 Manager and Common Council of the City of San Bernardino at a
meeting
8 thereof, held on the
day of
,2007, by the following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
The foregoing resolution is hereby approved this
day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
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EXHIBIT A
AMENDMENT NO.1 TO MANAGEMENT AGREEMENT
This AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT is made and entered into this
day of , 2007, by and between COAST SOCCER LEAGUE
("MANAGER") and the CITY OF SAN BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, on May 7, 2007, the Mayor and Council of CITY approved a Management
Agreement with MANAGER for management services at the San Bernardino Soccer Complex,
and
B. WHEREAS, MANAGER contracted with the CITY in the existing Management Agreement to
provide management services for the dates May 5-6, 12, 19-20,26-28, June 2-3,23-26, July 14-
IS, and September 8-9, 2007 for their annual soccer tournaments; and
C. WHEREAS, MANAGER has requested a similar arrangement to provide management services
for the additional dates of August 11-12, and September 1-3, 2007, a total of five additional
days, and
D. WHEREAS, the CITY is entitled to additional revenue from MANAGER from the additional
dates granted by this Amendment No.1 to the Management Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
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1.
The Management Agreement, Section 2.a., Compensation and Expenses, is hereby
amended to include payment to the CITY by MANAGER of an additional sum in the
amount of$9,332.
2. The Agreement for Services, Section 3, Term of Agreement, is hereby amended to
include the following dates: August 11-12, and September 1-3,2007.
3. All other terms and conditions of the Agreement for Services shall remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to Management Agreement
on the day and date shown below.
Date:
By:
Bernard Towers
(MANAGER)
By:
Fred Wilson, City Manager
(CITY)
Approved as to form:
JAMES F. PENMAN
City Attorney
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I 4. INDEMNITY.
2 MANAGER agrees to indemnify and hold harmless the CITY, its officers, agents, and
3 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
4 MANAGER's acts or omissions arising from the. MANAGER's performance of its obligations under
5 the Agreement.
6 S. INSURANCE.
7 While .not restricting or limiting the forgoing, during the term of this Agreement,
8 MANAGER shall maintain in effect policies of comprehensive public, general and professional
9 liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
10 compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior
11 to undertaking any work under this Agreement. CITY shall be set forth as an additional named
12 insured in each policy of insurance provided hereunder. The Certificate of lnsurance furnished to
13 the CITY shall require the insurer to notify CITY of any change or termination in the policy.
14 6. NON-DISCRIMINATION.
IS In the performance of this Agreement and in the hiring and recruitment of employees,
16 MANAGER shall not discriminate on the basis of race, religious creed, color, national origin,
17 ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual
18 orientation.
19 7. INDEPENDENT CONTRACfOR.
20 MANAGER shall perform work tliSks provided by this Agreement, but for all intents and
21 purposes MANAGER shall be an independent contractor and not an agent or employee of the CITY.
22 MANAGER shall secure, at its expense, and be responsible for any and all payment oflncome T~
23 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other
24 payroll deductions for MANAGER and its officers, agents, and employees, and all business licenses.
25 if any are required, in connection with the services to be perfof'tlled hereunder.
26 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
27 MANAGER warrants it possesses, or shall obtain, and maintain during the term of this
28 Agreement a business registration certificate pursuant to Title 5 of the City of San Bernardino
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I Municipal Code, and any other licenses, permits, qualifications, insurance and approvals of whatever
2 nature that are legally required of MANAGER to practice its profession, skill or business. All
3 subcontractors, concessionaires, or other service providers shall obtain a business license issued by
4 the City and seller's and/or resale pennits issued by the California State Board of Equalization if
5 required by the applicable law.
6 9. NOTICES.
7 Any notice to be given pursuant to this Agreement shall be deposited with the United States
8 Postal Service, postage prepaid and addressed as follows:
9 TOTRECITY:
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12 TO THE MANAGER:
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City Manager's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile: (909) 384-5138
Bernard Towers
Coast Soccer League
924 E. Chapman Ave.
Orange, CA 92866
Facsimile: (714) 771-2537
15 16.
ATTORNEYS' FEES.
16 In the event that litigation is brought by any party in connection with this Agreement, the
17 prevailing party shall be entitled to recover from \he opposing party all costs and expenses, including
18 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
19 remedies hereunder or the enforcement of any of the tenns, conditions or provisions hereof. The
20 costs, salary and expenses of the City Attorney and members of his office in enforcing this
21 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this
22 paragraph.
23 11.
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PROHIBITION AGAINST TRANSFERS.
A.
Neither the City nor the MANAGER shall assign, sublease, hypothecate, or transfer
this Agreement, or any interest therein, directly. or indirectly by operation of law
without the prior written consent of the other party. Any attempt to do so withoutthe
prior written consent of the other party shall be null and void, and any assignee,
sublessee, hypothecate or transferee shall acquire no right or interest by reason of
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I such attempted assignment, hypothecation, or transfer.
2 B. The sale, assignment, transfer, or other disposition of any ownership or partnership
3 interest which shall result in changing the control of the MANAGER, shall be
4 deemed an assignment ofthis Agreement.
5 12. VENUE.
6 The parties hereto agree that all actions or proceedings arising in connection with this
7 Agreement shall be filed either in the State courts located in the County of San Bernardino, State of
8 California or the U.S. District Court for the Central District of California, Riverside Division. The
9 aforementioned choice of venue is intended by the parties to be the mandatory and not permissive
10 in nature.
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13. GOVERNING LAW.
This Agreement shall be governed by and construed and interpreted in accordance with the
laws of the State of California without regard to principles of conflicts oflaws.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
16 and their respective heirs, representatives, successors, and assigns.
17 15. HEADINGS.
18 The subject headings of the sections of this Agreement are included for the purposes of
19 convenience only and shall not affect the construction or the interpretation of any of its provisions.
20 16. ENTIRE AGREEMENT; MODIFICATION.
21 This Agreement constitutes the entire agreement and the understanding between the parties,
22 and supercedes any prior agreements and understandings relating to the subject manner of this
23 Agreement. This Agreement may be modified or amended only by 8 written instrument executed
24 by all parties to this Agreement.
2S I II
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Exhibit "A"
During the term of this Agreemenl. Manager shall have the Follo\\'ing rights. duties and
responsibilities under this Agreement.
A. Manager shall have full conlrol of all aspects of the managerial operations of the
Complex as set Forth in this Agreemenl. excepting those duties and obligations specifically required
to be performed by City.
B. Manager shall retain employees andlor independent contractors, including food
concessionaires, to perform the services required by this Agreement. Such services include, but are
not limited to the following:
a. The layout and striping of the soccer fields in accordance with standards and
practices accepled in the industry and acceptable to City.
b. The cleaning of all rest rooms at the Complex to standards acceptable to the
City.
c. The cleaning of the parking facilities and surrounding areas to standards
acceptable to the City
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d.
The cleaning of the common areas of the Complex 10 standard acceptable to
the City.
C. All employees retained by Manager shall be employees of Manager. not of City. and
shall be compensated by Manager for wages and benefits under the terms and conditions agreed to
by Manager. Said employees and independent contractors shall have the same stalUs and
responsibilities of Manager as set forth in Paragraph 7 oFthis Agreemenl. and shall have no redress
against City for the failure of Manager to pro"ide wages or benefits. or any other compensation of
any kind owed by Manager.
D. Manager shall reimburse the City for all costs. including wages and benefits, orthe
City employees who shall open and close the Complel( On the dates set forth in paragraph 3 of this
Agreement.
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Exhibit "B"
During the term of this Agreement. City shall have the following rights, duties and
responsibilities:
A. City shall provide landscape and maintenance services for the Complex, maintenance
of buildings, structures, common areas and parking facilities.
B. City shall manage and supervise all City employees employed at the Complex.
including those employees who shall open and close the Complex at times agreed 10 by the parties.
In the event of disagreement as to the schedule, the time of opening and closing the Complex shall
be detennined by the City, without redress by Manager.
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AMENDMENT NO. I TO MANAGEMENT AGREEMENT
This AMENDMENT NO. I TO MANAGEMENT AGREEMENT is made and entered into this
day of , 2007, by and between COAST SOCCER LEAGUE
("MANAGER") and the CITY OF SAN BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, on May 7, 2007, the Mayor and Council of CITY approved a Management
Agreement with MANAGER for management services at the San Bernardino Soccer Complex,
and
B. WHEREAS, MANAGER contracted with the CITY in the existing Management Agreement to
provide management services for the dates May 5-6, 12, 19-20,26-28, June 2-3, 23-26, July 14-
15, and September 8-9, 2007 for their annual soccer townaments; and
C. WHEREAS, MANAGER bas requested a similar arrangement to provide management services
for the additional dates of August 11-12, and September 1-3, 2007, a total of five additional
days,and
D. WHEREAS, the CITY is entitled to additional revenue from MANAGER from the additional
dates granted by this Amendment No. I to the Management Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
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1.
The Management Agreement, Section 2.a., Compensation and Expenses, is hereby
amended to include payment to the CITY by MANAGER of an additional sum in the
amount of$9,332.
2. The Agreement for Services, Section 3, Term of Agreement, is hereby amended to
include the following dates: August 11-12, and September 1-3,2007.
3. All other terms and conditions of the Agreement for Services shall remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to Management Agreement
on the day and date shown below.
Date:
By:
Bernard Towers
(MANAGER)
By:
Fred Wilson, City Manager
(CITY)
Approved as to form:
JAMES F. PENMAN
City A orney
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