HomeMy WebLinkAbout38-Parks and RecreationCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
~/'1 From: Kevin L. Hawkins, Director
aJ Dept: Pazks, Recreation &
Community Services Dept.
Date: August 4, 2008
Subject: Resolution authorizing the City
Manager to execute a Use Of Facilities
Agreement between the City of San
Bemazdino and California State
University, San Bernardino providing
for the University's use of Fiscalini
Field.
MICC
Date: August 18, 2008
August 20, 2001 -Resolution No. 2001-263 authorized an Agreement between the City of San
Bemazdino and California State University, San Bernardino providing for the cooperative uses of
the University's outdoor atliletic facilities and the City's Fiscalini Field, and terminating the
previous agreement under Resolution 97-26.
February 3, 1997 -Resolution No. 1997-26 authorized an Agreement with California State
University, San Bernardino providing for the cooperative uses of the University's Athletic
Facilities and the City's Fiscatini Field.
Recommended Motion:
Adopt Resolution.
Signature ~~/"
Contact
person: Kevin Hawkins Phone: 5233
Supporting data attached: Staff Report Reco & Asement ward: z
FUNDING REQUIREMENTS: Amount: $17.500 revenue from the University annually.
Source: (Axt. NoJ 001-000-4520
(Acct. Descriotio
Finance:
Council Notes:
Q Agenda Item No. ~ Z W
g-cA-vO
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Stall Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bemazdino authorizing the
City Manager to execute a Use of Facilities Agreement between the City of San Bernardino and
California State University, San Bernardino providing for the University's use of Fiscalini Field.
Back¢round•
The City and California State University, San Bernardino have worked cooperatively since 1983
to effectively accommodate both the University's needs as well as those of the community at
Fiscalini Field. The University has used Fiscalini Field as its home practice site for the men's
baseball team for approximately 350 hours annually. Their usage occurs during the months of
January through May and October through the Thanksgiving holiday in November. Fiscalini
Field also served as the University's home play site for approximately two dozen games annually
during the 1980's and 1990's, before moving their home games to the An-owhead Credit Union
Park in San Bernardino.
Staff from the Pazks, Recreation and Community Services Department has been engaged in
ongoing discussions with California State University, San Bernardino in an effort to enhance this
community partnership. This Use of Facilities Agreement will contractually make Fiscalini
[~ Field the official home field of Cal State Baseball in lieu of building an onsite facility at the
~"r' campus. As a result, the Department will be able to stretch their limited resources, while
promoting recreation sports in our park. It is anticipated that this Agreement between the City
and the University will also serve as a catalyst for activity and development along the Highland
corridor. Staff from California State University, San Bernardino has reviewed the attached
Agreement, and concur with the use of Fiscalini Field facilities, as set forth in the document.
Pursuant to this Agreement, the University will pay the City $17,500 per yeaz by January 31S` of
each year for the use of Fiscalini Field. The University will also provide two (2) work-study
students to work on the field throughout the season. Additionally, the University will provide the
following improvements to the facility during the proposed ten-yeaz term of the Agreement:
• Install a ten foot high outfield fence (green slatted);
• Install new side fences from dugout to outfield;
• Relocate foul poles;
• Install new gate at end of dugouts, both sides;
• Replace and install backstop netting;
• Install permanent seating in dugout;
• Maintain all aspects of the interior and exterior of the Players' Clubhouse;
• Replace or repair the scoreboazd and/or controller to a functional status of use for the
mutual use and benefit of both parties; and
• Rebuild the Press Box.
All repairs and installations by the University will be coordinated with City stall' on a schedule
favorable to both parties. The University shall also maintain Fiscalini Field, as defined in the
Agreement.
The Use of Facilities Agreement formalizes arrangements and conditions of use through
December 31, 2018. Staff and players of California State University, San Bemazdino have been
responsible users of these facilities in the past and their knowledge of field maintenance and use
as a resource in this regazd would be a welcomed asset to Fiscalini Field and Perris Hill Park.
Financial Imuact:
The City will receive fees in the amount of $17,500 annually from the University for the use of
Fiscalini Field. The revenue has been accounted for in the FY 08-09 budget. The Pazks,
Recreation and Community Services Department will absorb the Fiscalini Field maintenance
costs in the existing budget.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A USE OF
FACILITIES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE
UNIVERSITY'S USE OF FISCALINI FIELD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bemardino is hereby
authorized to execute on behalf of said City a Use of Facilities Agreement with California State
University, San Bernardino providing for the University's use of the City's 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; and
SECTION 2. That 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 sixty (60) days following the effective date of the Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A USE OF
FACILITIES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE
UNIVERSITY'S USE OF FISCALINI FIELD.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the day of , 2008 by the following vote, to wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
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11 BRINKER
12 DERRY
13 KELLEY
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JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of , 2008.
Fred Wilson, City Manager
City of San Bernardino
Approved as to form:
James F. Penman, City Attorney
CITY OF SAN BERNARDINO
CALIFORNIA STATE UNIVERSITY -SAN BE17
USE OF FACILITIES AGREEMENT
Exhibit A
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, in accordance with the following terms and conditions:
I. GENERAL:
A. Actual schedules (practice, games, and practice/exhibition games) for use of
facility shall be submitted in writing on a seasonal basis and established by
mutual agreement.
B. Fiscalini Field is subject to reservation by other users following CITY Application
procedures. The UNIVERSITY agrees to cooperate with the CITY for requests
for use of facilities that may overlap times and dates of the UNIVERSITY'S pre-
approved use as described herein.
II. TERM:
A. The term of this agreement shall be for ten (10) years commencing on
September 1, 2008 and ending on December 31, 2018; with the option of a one
time (one year) renewal upon mutual consent of both parties. During the term of
the Agreement, the UNIVERSITY is allowed to use Fiscalini Field (including
weekends) from October 1 through May 15 (excluding blackout periods for
routine field maintenance). The Fiscalini Field facilities will be made available for
use to the UNIVERSITY during these months on Mondays through Fridays from
12:00 p.m. to 6:00 p.m. and on Saturdays and Sundays (January 1 through May
15 ONLY) from 8:00 a.m. to 3:00 p.m. for home games only (except for the
Saturdays in which league double headers are scheduled, as noted below), not
to exceed a total of 30 games.
The UNIVERSITY agrees to be off the field by 6:00 p.m. Mondays through
Fridays, and by 3:00 p.m. on Saturdays and Sundays during this agreement (i.e.
all times they are using Fiscalini Field), except on those Saturdays when league
double headers are scheduled, in which case the UNIVERSITY will be off the
field by 6:00 p.m. The dates on which Saturday double headers will take place in
2009 include February 28, March 7, March 21, April 4, April 25 and May 2. The
UNIVERSITY will notify the CITY prior to the beginning of the season each year
of the Saturday dates impacted by league double headers scheduled during the
upcoming season. Both CITY and UNIVERSITY agree to leave Fiscalini Field
free of scheduling/usage by either party to allow for annual turf maintenance
during the period of time from Thanksgiving Day to New Year's Day annually.
III. USE OF FISCALINI FIELD:
A. CITY's Responsibilities:
1. Maintenance of Field: CITY will maintain the field in good condition
during period of this agreement including maintenance of grass and field
areas. Following the CITY's Adult Baseball League games, CITY will
complete all ballfield preparation and maintenance for UNIVERSITY
usage (i.e. practices, fall ball, scheduled games, etc.) This will include
chalking, lining, dragging & preparation of infield and pitcher's mound
area, etc. CITY will provide UNIVERSITY with updated copies of the Adult
Baseball League game schedules such that UNIVERSITY will be
apprised of those dates when the field will NOT be prepped by CITY.
2. Maintenance of Buildings, Grounds, and Bleachers: CITY will
maintain all buildings, grounds, and bleachers in good and clean
condition to ensure 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 lock up after all uses according to the
approved schedule of use as described herein. The CITY reserves the
right to determine the playability of the field due to foul weather, Acts of
god, and/or other public safety purpose, and at its sole discretion may
close the field.
6. Use of Clubhouse: CITY will allow UNIVERSITY to use the clubhouse,
which includes the manager office, training room, restrooms and showers
during the schedule of use as described herein.
7. Use of Scoreboard and P.A. System: After training by City staff, CITY
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 in accordance with County Health regulations.
9. 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 athletic programs at the UNIVERSITY. UNIVERSITY will pay
the CITY twenty five percent (25%) of the fee charged for each sign (net
after expenses) used for advertising. CITY will have final approval
authority for all signs appearing on the outfield fence.
B. University Responsibilities:
1. Use of Facilities: UNIVERSITY will use facilities for baseball practices
and games according to apre-approved schedule as described herein.
UNIVERSITY agrees to submit in writing each year's finalized master
baseball schedule to CITY by November 1"for the upcoming season (ex:
November 1, 2008 for the 2009 baseball season). Facilities to be utilized
include the paved parking lot as well as all facilities within the fenced area
of Fiscalini Field, except the concession building as it is NOT available
due to Farmers Fair & Market Night usage.
UNIVERSITY will have scheduling rights from January 1 through May 15
with the option of hosting CCAA and NCAA championships. On the
UNIVERSITY'S game days, it is recommended that no other league
game be scheduled, or any games scheduled by either the UNIVERSITY
or the CITY would be restricted to two (2) games only.
2. Maintenance of Field and Facilities: UNIVERSITY will keep the infield,
outfield, dugouts, batters' cage, and players' Clubhouse clean of trash
throughout the duration of this contract. UNIVERSITY agrees to complete
all ballfield preparation and maintenance for CITY leagues, tournaments
and programs during the months as stated in the TERM of the
agreement, with the exception of scheduled offsite game and practice
dates. This will include chalking, lining, dragging & preparation of infield
and pitcher's mound area, etc. UNIVERSITY agrees that after ALL usage
they will leave site ready to be played on for CITY programming.
The CITY agrees that it will oversee that the.ball field preparation and
maintenance is completed from January 1 to May 15 after all usage by
any City sponsored program and that the CITY will leave site ready to be
played.
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. UNIVERSITY will produce,
install, and maintain sign as needed. UNIVERSITY will pay the CITY a
fee of twenty five percent (25%) of the profit received from advertising.
Should a third party be contracted by UNIVERSITY to solicit the
sponsorships, the twenty five percent (25°k) will be taken from the
UNIVERSITY percentage and not the market value of the sponsorship.
5. Lighting: UNIVERSITY will work collaboratively with CITY to
communicate and schedule an annual time to 're-direct' existing lighting
on the field, thus ensuring optimum playability for all said usage and to
insure the safety of the players and the public. UNIVERSITY will send
this notice in writing (annually) by July 1°' of each fiscal year (i.e. July 1,
2008 for 2009 and July 1, 2009 for 2010) to the CITY.
IV. FEES 8 CSUSB Reciprocal Services:
The UNIVERSITY agrees to pay CITY no less than $17,500 per year for use of facilities
on the dates and times as described herein. The fee for use of Fiscalini Field facilities
will be payable to the "City of San Bernardino" by the 31°` of January of each year.
CITY will invoice CSUSB by November 1'~ of each year for the upcoming program year.
In addition, in lieu of paying a part or all of true facility maintenance costs, UNIVERSITY
will provide the following services during the ten-year term of this agreement:
- Provide two (2) work study students to work on the field throughout the
season;
- Install ten foot high ou~eld fence (new, green slatted);
- Install new side fences from dugout to outfield;
- Relocate foul poles;
- Install new gate at end of dugouts, both sides;
- Replace and install backstop netting;
- Install permanent seating in dugout;
- Replace or repair the scoreboard and/or controller at Fiscalini Field to a
functional status of use for the mutual use and benefit of both parties.
UNIVERSITY will coordinate, with CITY staff approval, all repairs and
installations on a schedule favorable to both parties.
- Rebuild the Press Box at Fiscalini Field, which includes no less than mold
and mildew mitigation, floor board and wall board replacement where
necessary, replace counter-top, and repaint interior of Press Box/Scorer
Booth for the mutual use and benefit of both parties (requires a
blueprint/drawing and list of materials to be used for approval by Parks
Division Manager).
- Maintain all aspects of the interior and exterior of the Players' Clubhouse for
the UNIVERSITY'S exclusive use.
It is agreed that reasonable progress will be made towards completion of the reciprocal
services over the ten year term of the Agreement (example: 25°~ completion of services
by the end of year three; 50% completion at the end of year five, etc.). Parties agree to
meet annually to review status of improvements at Fiscalini Field.
V. EMPLOYMENT AND INDEPENDENT CONTRACTORS:
The UNIVERSITY, at the UNIVERSITY'S own expense, may employ or contract such
persons, as the UNIVERSITY deems necessary to perform the services required of the
UNIVERSITY by this agreement. The UNIVERSITY assumes full and sole responsibility
for payment of all compensation and expenses of these employees or independent
contractors for all state and federal income tax, Worker's Compensation unemployment
insurance, Social Security, disability insurance, and other applicable withholdings. The
UNIVERSITY agrees to provide worker's compensation insurance for their own
employees and agents and agrees to hold harmless and indemnify the CITY for any and
all claims arising out of any injury, disability, or death of any of the UNIVERSITY'S
employees or agents.
VI. 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, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other status protected by law. CITY and UNIVERSITY shall_comply
with the law and the policies and procedures of their ,respective agencies relative to
affirmative action compliance in their employment practices.
VII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS:
CITY agrees to indemnify and hold harmless the State of California and UNIVERSITY,
its officers, agents and volunteers from any and all claims, actions, or losses, damages
and/or liability resulting from CITY'S negligent acts or omissions arising from the CITY'S
performance of its obligations under the Agreement.
UNIVERSITY agrees to indemnify and hold harmless CITY, its officers, agents, and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting
from UNIVERSITY'S negligent acts or omissions arising from the UNIVERSITY'S
performance of its obligations under the Agreement.
In the event that CITY and/or UNIVERSITY is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, CITY and/or UNIVERSITY shall indemnify the other to the extent of this
comparative fault.
The costs, salary and expenses of the City Attorney and members of his office in
enforcing this agreement shall be considered as costs for the purposes of this
paragraph.
CITY and UNIVERSITY do not hereby waive each as to the other any defenses or
immunities each may have, either jointly or separately, under California Govemment
Code Sections 810, et seq. and, by way of emphasis and not of limitation, with specific
reference to California Govemment Code Sections 830, et seq.
VIII. INSURANCE:
While not restricting or limiting the foregoing, during the term of this Agreement,
UNIVERSITY shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000, per occurrence combined
single limit, naming the City of San Bernardino, its departments, agencies, boards,
commissions, elected officials, officers, attorneys, employees, and agents as additionally
insured. A certificate of insurance evidencing such coverage shall be provided to the
Mayor or his designee, with the added notation that the insurance policy shall not be
terminated or materially altered without ten (10) days prior written notice to CITY.
IX. TERMINATION:
The CITY or the UNIVERSITY may terminate this Agreement by giving the other party
sixty- (60) days advance written notice of termination. Contract termination can not
become effective during the period of January 1 through May 15. Should the
UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, the
CITY may summarily terminate this Agreement by giving written notice of termination of
the UNIVERSITY's Agreement.
At will termination due to the failure to faithfully perform all of the terms and conditions of
this agreement will require notification of fourteen (14) working days in writing to the
UNIVERSITY.
X. 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.
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XI. It is not the intent of the Parties that any rights in third parties be created by the terms
and conditions agreed to herein.
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CITY OF SAN BERNARDINO
CALIFORNIA STATE UNIVERSITY -SAN BERNARDINO
USE OF FACILITIES AGREEMENT
California State University
San Bemardino
5500 Univereity Parkway
San Bernardino, CA 92407-2397
Procurement and Support Services Officer
Date
City of San Bernardino
Parks, Recreation and Community
Services Department
201-A North "E" Street, Suite 103
San Bemardino, CA 92401
By
Fred Wilson
City Manager
Date
Attest:
By
Rachel Clark, City Clerk
aro~n
c.v,
Approved as to form:
James F. Penman, City Attorney
CITY OF SAN BERNARDINO
CALIFORNIA STATE UNIVERSITY -SAN BERNARDINO
USE OF FACILITIES AGREEMENT
Exhibit A
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, in accordance with the following terms and conditions:
GENERAL:
A. Actual schedules (practice, games, and practice/exhibition games) for use of
facility shall be submitted in writing on a seasonal basis and established by
mutual agreement.
B. Fiscalini Field is subject to reservation by other users following CITY Application
procedures. The UNIVERSITY agrees to cooperate with the CITY for requests
for use of facilities that may overlap times and dates of the UNIVERSITY's pre-
approved use as described herein.
II. TERM:
A. The term of this agreement shall be for ten (10) years commencing on
September 1, 2008 and ending on December 31, 2018; with the option of a one
time (one year) renewal upon mutual consent of both parties. During the term of
the Agreement, the UNIVERSITY is allowed to use Fiscalini Field (including
weekends) from October 1 through May 15 (excluding blackout periods for
routine field maintenance). The Fiscalini Field facilities will be made available for
use to the UNIVERSITY during these months on Mondays through Fridays from
12:00 p.m. to 6:00 p.m. and on Saturdays and Sundays (January 1 through May
15 ONLY) from 8:00 a.m. to 3:00 p.m. for home games only (except for the
Saturdays in which league double headers are scheduled, as noted below), not
to exceed a total of 30 games.
The UNIVERSITY agrees to be off the field by 6:00 p.m. Mondays through
Fridays, and by 3:00 p.m. on Saturdays and Sundays during this agreement (i.e.
all times they are using Fiscalini Field), except on those Saturdays when league
double headers are scheduled, in which case the UNIVERSITY will be off the
field by 6:00 p.m. The dates on which Saturday double headers will take place in
2009 include February 28, March 7, March 21, April 4, April 25 and May 2. The
UNIVERSITY will notify the CITY prior to the beginning of the season each year
of the Saturday dates impacted by league double headers scheduled during the
upcoming season. Both CITY and UNIVERSITY agree to leave Fiscalini Field
free of scheduling/usage by either party to allow for annual turf maintenance
during the period of time from Thanksgiving Day to New Year's Day annually.
III. USE OF FISCALINI FIELD:
A. CITY's Responsibilities:
1. Maintenance of Field: CITY will maintain the field in good condition
during period of this agreement including maintenance of grass and field
areas. Following the CITY's Adult Baseball League games, CITY will
complete all ballfield preparation and maintenance for UNIVERSITY
usage (i.e. practices, fall ball, scheduled games, etc.) This will include
chalking, lining, dragging & preparation of infield and pitcher's mound
area, etc. CITY will provide UNIVERSITY with updated copies of the Adult
Baseball League game schedules such that UNIVERSITY will be
apprised of those dates when the field will NOT be prepped by CITY.
2. Maintenance of Buildings, Grounds, and Bleachers: CITY will
maintain all buildings, grounds, and bleachers in good and clean
condition to ensure 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 lock up after all uses according to the
approved schedule of use as described herein. The CITY reserves the
right to determine the playability of the field due to foul weather, Acts of
god, and/or other public safety purpose, and at its sole discretion may
close the field.
6. Use of Clubhouse: CITY will allow UNIVERSITY to use the clubhouse,
which includes the manager office, training room, restrooms and showers
during the schedule of use as described herein.
7. Use of Scoreboard and P.A. System: After training by City staff, CITY
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 in accordance with County Health regulations.
9. 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 athletic programs at the UNIVERSITY. UNIVERSITY will pay
the CITY twenty five percent (25%) of the fee charged for each sign (net
after expenses) used for advertising. CITY will have final approval
authority for all signs appearing on the outfield fence.
B. University Responsibilities:
1. Use of Facilities: UNIVERSITY will use facilities for baseball practices
and games according to apre-approved schedule as described herein.
UNIVERSITY agrees to submit in writing each year's finalized master
baseball schedule to CITY by November 1"for the upcoming season (ex:
November 1, 2008 for the 2009 baseball season). Facilities to be utilized
include the paved parking lot as well as all facilities within the fenced area
of Fiscalini Field, except the concession building as it is NOT available
due to Farmers Fair & Market Night usage.
UNIVERSITY will have scheduling rights from January 1 through May 15
with the option of hosting CCAA and NCAA championships. On the
UNIVERSITY'S game days, it is recommended that no other league
game be scheduled, or any games scheduled by either the UNIVERSITY
or the CITY would be restricted to two (2) games only.
2. Maintenance of Field and Facilities: UNIVERSITY will keep the infield,
outfield, dugouts, batters' cage, and players' Clubhouse clean of trash
throughout the duration of this contract. UNIVERSITY agrees to complete
all ballfield preparation and maintenance for CITY leagues, tournaments
and programs during the months as stated in the TERM of the
agreement, with the exception of scheduled offsite game and practice
dates. This will include chalking, lining, dragging & preparation of infield
and pitcher's mound area, etc. UNIVERSITY agrees that after ALL usage
they will leave site ready to be played on for CITY programming.
The CITY agrees that it will oversee that the ball field preparation and
maintenance is completed from January 1 to May 15 after all usage by
any City sponsored program and that the CITY will leave site ready to be
played.
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. UNIVERSITY will produce,
install, and maintain sign as needed. UNIVERSITY will pay the CITY a
fee of twenty five percent (25%) of the profit received from advertising.
Should a third party be contracted by UNIVERSITY to solicit the
sponsorships, the twenty five percent (25%) will be taken from the
UNIVERSITY percentage and not the market value of the sponsorship.
5. Lighting: UNIVERSITY will work collaboratively with CITY to
communicate and schedule an annual time to 're-direct' existing lighting
on the field, thus ensuring optimum playability for all said usage and to
insure the safety of the players and the public. UNIVERSITY will send
this notice in writing (annually) by July 1" of each fiscal year (i.e. July 1,
2008 for 2009 and July 1, 2009 for 2010) to the CITY.
IV. FEES & CSUSB Reciprocal Services:
The UNIVERSITY agrees to pay CITY no less than $17,500 per year for use of facilities
on the dates and times as described herein. The fee for use of Fiscalini Field facilities
will be payable to the "City of San Bernardino" by the 31" of January of each year.
CITY will invoice CSUSB by November 1" of each year for the upcoming program year.
In addition, in lieu of paying a part or all of true facility maintenance costs, UNIVERSITY
will provide the following services during the ten-year term of this agreement:
- Provide two (2) work study students to work on the field throughout the
season;
- Install ten foot high outfield fence (new, green slatted);
- Install new side fences from dugout to outfield;
- Relocate foul poles;
- Install new gate at end of dugouts, both sides;
- Replace and install backstop netting;
- Install permanent seating in dugout;
- Replace or repair the scoreboard and/or controller at Fiscalini Field to a
functional status of use for the mutual use and benefit of both parties.
UNIVERSITY will coordinate, with CITY staff approval, all repairs and
installations on a schedule favorable to both parties.
- Rebuild the Press Box at Fiscalini Field, which includes no less than mold
and mildew mitigation, floor board and wall board replacement where
necessary, replace counter-top, and repaint interior of Press Box/Scorer
Booth for the mutual use and benefit of both parties (requires a
blueprint/drawing and list of materials to be used for approval by Parks
Division Manager).
- Maintain all aspects of the interior and exterior of the Players' Clubhouse for
the UNIVERSITY'S exclusive use.
It is agreed that reasonable progress will be made towards completion of the reciprocal
services over the ten year term of the Agreement (example: 25°k completion of services
by the end of year three; 50% completion at the end of year five, etc.). Parties agree to
meet annually to review status of improvements at Fiscalini Field.
V. EMPLOYMENT AND INDEPENDENT CONTRACTORS:
The UNIVERSITY, at the UNIVERSITY's own expense, may employ or contract such
persons, as the UNIVERSITY deems necessary to perform the services required of the
UNIVERSITY by this agreement. The UNIVERSITY assumes full and sole responsibility
for payment of all compensation and expenses of these employees or independent
contractors for all state and federal income tax, Worker's Compensation unemployment
insurance, Social Security, disability insurance, and other applicable withholdings. The
UNIVERSITY agrees to provide worker's compensation insurance for their own
employees and agents and agrees to hold harmless and indemnify the CITY for any and
all claims arising out of any injury, disability, or death of any of the UNIVERSITY'S
employees or agents.
VI. 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, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other status protected by law. CITY and UNIVERSITY shall comply
with the law and the policies and procedures of their respective agencies relative to
affirmative action compliance in their employment practices.
VII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS:
CITY agrees to indemnify and hold harmless the State of California and UNIVERSITY,
its officers, agents and volunteers from any and all claims, actions, or losses, damages
and/or liability resulting from CITY'S negligent acts or omissions arising from the CITY'S
performance of its obligations under the Agreement.
UNIVERSITY agrees to indemnify and hold harmless CITY, its officers, agents, and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting
from UNIVERSITY'S negligent acts or omissions arising from the UNIVERSITY'S
performance of its obligations under the Agreement.
In the event that CITY and/or UNIVERSITY is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, CITY and/or UNIVERSITY shall indemnify the other to the extent of this
comparative fault.
The costs, salary and expenses of the City Attorney and members of his office in
enforcing this agreement shall be considered as costs for the purposes of this
paragraph.
CITY and UNIVERSITY do not hereby waive each as to the other any defenses or
immunities each may have, either jointly or separately, under Califomia Govemment
Code Sections 810, et seq. and, by way of emphasis and not of limitation, with specific
reference to Califomia Govemment Code Sections 830, et seq.
VIII. INSURANCE:
While not restricting or limiting the foregoing, during the term of this Agreement,
UNIVERSITY shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000, per occurrence combined
single limit, naming the City of San Bernardino, its departments, agencies, boards,
commissions, elected officials, officers, attorneys, employees, and agents as additionally
insured. A certificate of insurance evidencing such coverage shall be provided to the
Mayor or his designee, with the added notation that the insurance policy shall not be
terminated or materially altered without ten (10) days prior written notice to CITY.
IX. TERMINATION:
The CITY or the UNIVERSITY may terminate this Agreement by giving the other party
sixty- (60) days advance written notice of termination. Contract termination can not
become effective during the period of January 1 through May 15. Should the
UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, the
CITY may summarily terminate this Agreement by giving written notice of termination of
the UNIVERSITY'S Agreement.
At will termination due to the failure to faithfully perform all of the terms and conditions of
this agreement will require not'fiication of fourteen (14) working days in writing to the
UNIVERSITY.
X. 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.
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XI. It is not the intent of the Parties that any rights in third parties be created by the terms
and conditions agreed to herein.
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CITY OF SAN BERNARDINO
CALIFORNIA STATE UNIVERSITY -SAN BERNARDINO
USE OF FACILITIES AGREEMENT
California State University
San Bernardino
li500 Univereity Parkway
San Bernardino, CA 92407-2397
City of San Bernardino
Parks, Recreation and Community
Services Department
201- A North "E" Street, Suite 103
San Bernardino, CA 92401
By
Procurement and Support Services Officer
Fred Wilson
City Manager
Date
Date
Attest:
ey
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By
srovos
CAL STA -F CALMI AGREEMENT