HomeMy WebLinkAbout15-Parks and Recreation
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CI....y OF SAN BERNCfIDINO - REQUEST OR COUNCIL ACTION
From: ANNIE F. RAMOS, OIRECTOR Subject: RESOLUTION AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
Dept: PARKS, RECREATION & COMMUNITY SERVICES CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO PROVIDING FOR THE COOPERATIVE
Date: JUNE 22, 1992 USES OF THE UNIVERSITY SWIMMING POOL AND
THF CITY'S FISCALINI FIELD.
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt Resolution.
aLA' J.. 1?~
Si ature
Contact person:
.1nhn A Kr;tmpr
Phone: 384-5031
Supporting data attached: Staff Reoort. AQreement & ResolutionWard:
FUNDING REQUIREMENTS:
Amount:
-0-
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
75-0262
Agenda Item No I ~Cj
CITY OF SAN BERtODINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
RESOL1J'1'I:OII AUTBORI:ZI:IIG All AGREEMENT
BBTWBBII TBB CI:TY 01' SAIl BBRDRDI:1I0
AND CALI:PORIII:A STATB tJIII:VBRSI:TY, SAIl
BBRDRDI:1I0 PROVI:DI:IIG POR TBB
COOPBRATI:VB USBS 01' TBB tJIII:VBRSI:TY
SWI:MKI:IIG POOL AND TBB CI:TY'S
PI:SCALI:III: PI:BLD.
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 City
has been provided the use of the University's swimming pool
for 10 weeks during the summer to operate a public
recreational swimming program. The university has utilized
Fiscalini Field as its home field site for the men's baseball
team for approximately two dozen home games and practices.
In the past, these uses have been arranged through standard
facility use forms. The use agreement formalizes arrangements
and conditions of use and provides for respective needs
through 1994.
Approval is recommended.
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(cal.univ-city fac)
6/18/92
75~0264
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CALIFORNIA STATE UNIVERSITY
SAN BERNARDINO
The Colifomia
State Unive""t)'
June 15, 1992
John Kramer
City of San Bernardino
Parks, Recreation, and
Community services Department
547 North Sierra Way
San Bernardino, CA 92401-1211
OFFICE
Dear John:
OF THE
Enclosed are two signed copies of the agreement we
discussed for the use of Fiscalini Field by the university
and the use of the university's swimming pool by the city.
VICE PRESIDENT
FOR
We have incorporated the language recommended in your FAX
ADMINISTRATION h d' f th ' d ., .
of May 11, 1992. T e wor ~ng 0 e ~n emn~f~catJ.on
AND FINANCE section has been modified to agree with language approved
by the Chancellor's Office of The California State
University system. Hopefully, the changes will not present
714/880.5130 a problem for the city. This is the same language which is
included in our agreements with other public agencies, such
as the County of San Bernardino.
Please advise me of the date when the agreement will appear
on the City Council agenda. I will plan to attend the
meeting. Upon final execution of the agreement, please
return one copy with original signatures along with a copy
of the appropriate City resolution.
Thank you for your assistance with this matter.
Sincerely,
~ro
Vice President for
Administration and Finance
Enclosures
5500 University Parkway, San BemardIno. CA 92407.2397
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY
SWIMMING POOL AND THE CITY'S FISCALINI FIELD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and
Community Services Department of the city of San Bernardino is
hereby authorized to execute an agreement with California State
University, San Bernardino providing for the cooperative uses of
the University's swimming pool and the City's Fiscalini Field.
SECTION 2.
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.
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
, 1992 by the following vote, to
day of
wit:
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RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR
USE OF SWIM POOL AND FISCALINI FIELD.
3 COUNCIL MEMBERS
A1ES.
~
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLUM
MILLER
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
of
, 1992.
W. R. Holcomb, Mayor
Approved as to form
and legal content:
James F. Penman
City Attorney ;Z
By: ~~ 7. ~
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cal state-fac pool/field-u
6/18/92 -2-
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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, for the period commencing October, 15, 1992
and terminating June 30, 1994 and for the City's use of the
University's swimming pool for the period commencing
June 15, 1992 and terminating August 30, 1994 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 swimming pool.
II. USE OF FISCALINI FIELD:
A. city's Responsibilities:
1. Maintenanoe 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 Bleaohers:
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 field prior to and
to lock up after all uses according to the ap-
proved schedule of use as described herein. The
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City reserves the right to determine the
playability of the field and at its sole discre-
tion may close the field.
6. Use of Snack Bar: City will allow University to
use the snack bar facilities during practices and
games, provided that use will be in conformance
with any existing lease of Fiscalini Field.
7. preparation of Field for Games: City will rake
and mark the field in preparation for games. city
will provide all items necessary for such prepara-
tion.
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 park-
ing 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 is when they ar-
rive.
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.
III. UNIVERSITY SWIMMING POOL
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 5:00 p.m. and will assume complete respon-
sibility for the pool operation during this time.
2. Public Use: City will insure that the public
enters and exits the pool 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 Build-
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ing. City will insure that the P.E. Building, in-
cluding the locker rooms, is not used by the
public.
3. Stafting: City will provide and pay for all neces-
sary staffing, including a pool manager (who will
also serve as a life guard), 2-3 lifeguards in ad-
dition to the manager, a cashier, and an attendant
to restrict public access to university's P.E.
Building. The pool staff will have access to the
pool office.
The University reserves the right to approve the
appointment of the pool manager. The University
also reserves the right to request the dismissal
of any member of the city's staff for good cause
and the City will comply immediately with such re-
quest.
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. ONrVERSrTY'S RESPONSrBILrTIES:
1. Pool Maintenance: University will maintain the
pool in a clean and safe condition.
2. University Use: The University will operate the
pool at all times other than City's hours of opera-
tion. 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 P.E. Building.
3. Shower Facility: University will construct a tem-
porary shower facility near the south gate
entrance for use by the public.
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C. PARKING/VEHICULAR TRAFFIC:
The City staff members and all public users will be
responsible for obtaining parking permits for all
vehicles parked on the campus. Daily permits will be
available for $1.00 at the Information Booth at the
entrance to the campus. Monthly permits will be avail-
able for $12.00 each for staff. Parking for vehicles
with these permits will be restricted to the P.E. park-
ing lot. Permits must be displayed in the vehicles so
that they may be easily seen by University parking of-
ficers.
All vehicles operated on campus are subject to the
California Vehicle Codes and the University's vehicular
traffic regulations. Pool staff and patrons shall
restrict vehicle operations to approved parking lot and
related access roads. Public vehicular traffic is not
allowed on any inner-campus roadway or walkway.
Violators of any parking and/or traffic regulations are
subject to citations and fines that can only be con-
tested at the San Bernardino Courts.
City shall advise the public of this information ver-
bally and in any printed materials distributed regard-
ing this program.
IV. 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, dis-
ability, or national original. city and University shall
comply with affirmative action guidelines in their employ-
ment practices.
V. LIABILITY: University and City agree as follows:
University will save harmless and indemnify City against all
claims, demands, suits, judgments, 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 Califor-
nia and University against all claims, demands, suits, judg-
ments, expenses and costs of any and every kind, insofar as
it may legally do so and subject to the availability of
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funds, on account of the injury to or
loss of or damage to property arising
the performance of this agreement.
death of persons or
in any manner out of
VI. 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
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Signature
Vice President for
Administrqtion & Finance
Title
Signature
Title
June 15, 1992
Date
Date
\i"PROVED AS TO FORM
AND LEGAL CONTEN.T",
James F. Penman"
City A. orney'
9'?f,,-
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