HomeMy WebLinkAbout1988-408
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RESOLUTION NO.
88-408
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB,
INC., TO PERFORM BALLFIELD PREPARATION AND MAINTENANCE AT
FISCALINI FIELD.
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 is
hereby authorized and directed to execute on behalf of said City
an agreement with SAN BERNARDINO BASEBALL CLUB, INC. to perform
ballfield preparation and maintenance at Fiscalini Field, a copy
of which is attached hereto marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned regular
meeting thereof, held on the
24th
day of
October
, 1988, by the following vote, to
wit:
AYES:
Council Members Reilly. Floresr Maudsley, Minor,
PoDe-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada, Miller
~/L?/&~~
~. Clerk
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October 11, 1988
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RESOLUTION . . . AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB,
INC. . . . BALLFIELD PREPARATION AND MAINTENANCE AT FISCALINI
FIELD.
The foregoing resolution is hereby approved this ~~6L
day of
, 1988.
October
i: ~ /W J/Ab /;/
~~COX,'MaYOr ~ /
City of San Bernardino
Approved as to form
a Legal Content:
/)
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October 11, 1988
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1
A G R E E MEN T
THIS AGREEMENT is made and entered into this r~
day of
2
3 ~, 1988, by and between the CITY OF SAN BERNARDINO, a
4 municipal corporation, (hereinafter referred to as "City"), and
5 SAN BERNARDINO BASEBALL CLUB, INC., a California corporation,
6 (hereinafter referred to as "Contractor"),
7 WHEREAS, City and Contractor have previously entered into
8 an agreement dated January 15, 1~87, relating to the use of
9 Fiscalini Field; and
10
WHEREAS, City and Contractor wish to enter into this
11 agreement to provide the highest level of ballfield preparation
12 and maintenance services at Fiscalini Field in the most
13 economical method;
14 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
15
1. General Description Of Work To Be Done.
16
City hereby engages Contractor, and Contractor hereby
17 accepts such engagement, to perform the services herein described
18
for the compensation herein provided.
Contractor hereby assures
20 and facilities to properly perform said services, and hereby
19 and covenants to City that it has the qualifications, experience
21 agrees to undertake and complete the performance thereof for the
23
22 compensation herein provided.
24
2. Term.
The term of this agreement shall commence April 8, 1988,
25 and end September 15, 1989. This agreement may be extended on a
26 one year basis for a maximum of one year upon the express
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27 written consent of Contractor to such extension and the approval
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October 11, 1988
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1 thereof by the Director of Parks, Recreation and Community
2 Services Department of the City of San Bernardino.
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3. Payment And Provision For Payment.
4
A. Maximum Compensation
5
(1) Maximum total compensation to be paid under
6 this agreement shall be FIVE THOUSAND THREE HUNDRED TWENTY-FIVE
7 DOLLARS ($5,325.00). Payment to Contractor for services provided
8 under this agreement shall be at the rate of SEVENTY-FIVE DOLLARS
9 ($75.00) per game for seventy-one (71) regular season games
11 additional maintenance costs shall be charged to the City without
pursuant to the Official California League Schedule.
No
12 prior approval.
13
14
B. Manner of Compensation
(1) Contractor shall maintain and file with the
15 Parks, Recreation and Community Services Department a record of
16 games worked.
17
(2) The Parks, Recreation and Community Services
18 Department shall submit a claim or request for payment based on
21
20 Contractor shall be paid monthly.
19 such record to the Finance Department in such manner that
22 pocket expenses and costs of performing services under this
(3) Contractor shall assume and pay all out-of-
23 agreement except as otherwise specifically provided herein, and
24 City shall not be liable for any such costs and expenses.
25
26
4. General Description Of Work To Be Done By Contractor.
City hereby retains Contractor to perform ball field
27 preparation and maintenance services at Fiscalini Field according
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October 11, 1988
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1 to the following schedule and conditions:
2 SCHEDULE AND CONDITIONS FOR WORK TO BE PERFORMED BY CONTRACTOR
3
Work To Be Performed
Schedule
Before each game
As needed
As needed
Before each game
Before each game
Before each game
Each game
Each game
During each game
During each game
During each game
10 1. The above work shall be accomplished between 6:00 A.M. and no
later than two (2) hours after completion of game. The Parks,
11 Recreation and Community Services Department will be notified in
advance of any requirement for additional work hours.
12
4
Matt drag
Float
Scarify
Pitchers mound make up
Batters boxes make up
Lining field
Batters cage
Pitchers screen
Attendant care of restroom
Remove and replace trash can liners
Field touch up
2. Any debris developed during game use will be disposed of by
13 removing it to the 30 cubic yard roll off trash bin south of the
ballfield.
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The City will pay the contract maintenance costs at the rate of
15 SEVENTY-FIVE DOLLARS ($75.00) per game with the present limit of
seventy-one (71) regular season uses for a total of FIVE THOUSAND
16 THREE HUNDRED TWENTY-FIVE DOLLARS ($5,325.00) for the period of
the contract maintenance. No additional maintenance costs shall
17 be charged to the City without prior approval. In the event that
All Star or playoff games are hosted at Fiscalini Field,
18 additional dates for service may be included at the rate of
SEVENTY-FIVE DOLLARS ($75.00) per game.
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5. General Description Of Work To Be Done By City:
City hereby agrees to perform the following schedule and
conditions for work:
SCHEDULE AND CONDITIONS FOR WORK TO BE PERFORMED BY CITY
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
Work To Be Performed
Mowing outfield
Mowing infield
Edging
Weedeating
Fertilization
Bleacher/hardscape Blowing/washing
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October 11, 1988
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Schedule
Weekly
Bi-weekly
Weekly
Weekly
Quarterly
Following each game
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Bleacher/hardscape Hot water washing
homestand
Spraying - turf and weed control
Turf aerification
Turf renovation
Turf leveling
Turf reseeding
Irrigation check
Irrigation repair
Parking lot litter
Policing of litter
Trimming/pruning
Weeding/raking shrub beds
Restroom cleaning
Prior
to
each
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5
6
7
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Sodding
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Monthly
Quarterly
Annually
Annually
Annually
Weekly
As needed
Daily
Daily
Annually, as needed
Daily
Prior to and following
each event
As needed
1. All of the above scheduling may be altered as needed to
10 provide the best conditions for the use of field.
11 2. Any of the above maintenance that needs to have the frequency
changed may be adjusted by contacting the Parks, Recreation and
12 Community Services Department representative.
13 3. City employees will be scheduled to work Monday through
Friday and on use basis. When the field is scheduled for night
14 use the hours for City employees will be 7:00 A.M.-3:30 P.M.
When the field use is scheduled for day use or early evening and
15 weekends the work hours will be adjusted to complete all required
tasks one (1) hour prior to game time.
16
4. All work, other than routine scheduled maintenance, shall be
17 approved by the Parks, Recreation and Community Services
Department representative prior to the work being commenced.
18 Approved special work will begin on the next work day after
approval unless there are materials and/or equipment which must
19 be ordered.
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6. Amendments.
21 This agreement may be amended or modified only by written
23
22 agreement executed by both parties.
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7. Assignment.
Contractor's rights under this agreement shall not be
25 assigned by Contractor to any other person, firm or corporation
26 without the prior written consent of the City.
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8. Relationship Of Parties.
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Contractor is acting as an independent contractor, and not
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as an employee of the City.
In the performance of personal
3 services pursuant to the provisions of this agreement, Contractor
4 shall not be supervised, directed, or under the control or
5 authority of any City officer or employee, except and to the
6 extent as may be expressly or implicitly required by the terms
7
and provisions of this agreement.
Any direction or control so
8 required under this agreement shall be limited to broad
9 objectives or goals of the project or program to be accomplished
10 and not to the details and procedures to accomplish such
11
objectives or goals.
Contractor shall not be obligated to
12 conform to the supervision or direction of City officers or
13
employees which are not authorized herein.
Changes or
14 modifications of said objectives and goals may be made by written
15 recommendations of either party subject to the concurrence of the
16 other party in writing.
17
9. HOld Harmless.
18
Contractor hereby agrees to, and shall, hold City, its
19 elective and appointive boards, commissions, officers, agents and
20 employees, harmless from any liability for damage or claim for
21 damage for personal injury, including death, as well as from
22 Contractor's operations under this agreement. Contractor agrees
23 to, and shall defend and indemnify City and its elective and
24 appointive boards, commissions, officers, agents and employees
25 from any suit or actions at law or in equity for damages caused
26 or alleged to have been caused by reason of Contractor's
27 performance hereunder including any claims that may arise against
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1 City by reason of Contractor's legal relationship with City being
2 categorized as other than that of an independent contractor.
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10. Attorneys' Fees.
4
In the event an action is filed by either party to enforce
5 rights under this agreement, the prevailing party shall be
6 entitled to recover reasonable attorney's fee in addition to any
7 other relief granted by the court.
8
11. Termination By City.
9 Notwithstanding any other provision of this agreement, the
10 City, by notifying Contractor in writing, may terminate all or a
11 portion of the services agreed to be performed under this
12 agreement with or without cause. Contractor shall be given five
14 obligations under the contract in a satisfactory manner, and
13 (5) days' written notice for failure of Contractor to perform
15 thirty (30) days' written notice if termination is for other
16 reasons. Notice shall be by mail posted to the address set forth
17
herein for the receipt of notices.
All charges outstanding at
18 the time of termination shall be payable by the City to
19 Contractor within thirty-five (35) days following submission of
21
20 final statement by the Contractor.
22 The acceptance by Contractor of the final payment made
12. Acceptance of Final Payment Constitutes Release.
23 according to the terms of this agreement shall operate and be a
24 release to the City, and every employee and agent thereof, from
25 all claims and liabilities to Contractor for anything done or
26 furnished for or relating to the work or services, or for any act
27 or failure to act of the City relating to or arising out of work
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1 and this agreement.
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13. Notices.
3 Any notice required to be given hereunder shall be deemed
4 to have been given by depositing said notice in the United states
5 mail, postage prepaid, and addressed as follows:
6
CITY
CONTRACTOR
7
9
Director
Parks, Recreation &
Community Services
547 N. Sierra Way
San Bernardino, CA 92401
San Bernardino Baseball Club, Inc.
Fiscalini Field
P. O. Box 30160
San Bernardino, CA 92413
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10
14. Reference to Previous Contract:
11
This agreement is subordinate to that former agreement
12 dated January 15, 1987 by and between City and Contractor
13 relating to the use of Fiscalini Field, except that this
14 agreement supersedes Section 27, Staffing and Cleanup, and
17
15 Section 30, Maintenance and Repair, of the former agreement only
16 in reference to ballfield preparation and maintenance services.
18 This contract constitutes the entire agreement between City
15. Entire Agreement.
19 and Contractor and may be modified only by further written
20 agreement between the parties.
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
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October 11, 1988
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1 IN WITNESS WHEREOF, this agreement has been executed by the
2 parties effective as of the date and year first above written.
3
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
BYMali~ 1)~
4
ATTEST:
5
~'/~4'~
ty Clerk
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SAN BERNARDINO BASEBALL CLUB, INC.
By ul\~0~ P5L~.{~
General Manager
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11 Approved as to form
and Legal Content:
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