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HomeMy WebLinkAbout2008-371 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-371 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE AGREEMENT BY AND BETWEEN THE AMERICAN SPORTS UNIVERSITY AND THE CITY OF SAN BERNARDINO ALLOWING FOR THE UNIVERSITY'S USE OF MEADOWBROOK PARK AND THE RUDY C. HERNANDEZ RECREATION CENTER. 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 Bernardino is hereby authorized to execute on behalf of said City the Facility Use Agreement with American Sports University (ASU), a copy of which is attached hereto, marked as Exhibit 1, and incorporated herein by reference as fully as though set forth at length. Section 2: That the authorization to execute the above referenced Facility Use Agreement is rescinded if the parties to the agreement fail to execute it within thirty (30) days of the passage of this resolution. III III III III III III III 11/ III III III 11/ III 2008-371 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE AGREEMENT BY AND BETWEEN THE AMERICAN SPORTS UNIVERSITY AND THE CITY OF SAN BERNARDINO ALLOWING FOR THE UNIVERSITY'S USE OF MEADOWBROOK PARK AND THE RUDY C. HERNANDEZ RECREATION CENTER. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15 th day of September , 200S, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY -X-- JOHNSON x MCCAMMACK x ~h.~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this ~i?I day of ~ptember ,200S. Approved as to form: JAMES F. PENMAN, City Attorney ~.~ 2008-371 CITY OF SAN BERNARDINO AMERICAN SPORTS UNIVERSITY FACILITY USE AGREEMENT This Agreement, by and between the American Sports University ("UNIVERSITY") and the City of San Bernardino ("CITY"), provides for the UNIVERSITY's use of Meadowbrook Park and the Rudy C. Hernandez Community Center, owned by the CITY, in accordance with the following terms and conditions: 1. GENERAL: A. The City agrees to provide UNIVERSITY with the use of the Rudy C. Hernandez Community Center and Meadowbrook Park as delineated in Section (3) (A) of this Agreement. B. The UNIVERSITY agrees to adhere to City regulations as stated in Section 3 (B) (3) of this Agreement, and to provide the City with professional and other services as delineated in Section 4 of this Agreement. 2. TERM: A. The term of this Agreement shall be for one (1) year commencing on September 15, 2008 and ending on September 14, 2009, with the option of a one time, one- year renewal upon mutual written consent of both parties. 3. USE OF CITY FACILITIES: A. CITY: 1. Facility Use: CITY will allow UNIVERSITY to make use of all fields at Meadowbrook Park for football, soccer, baseball, and other sport activities pursuant to an agreed upon schedule as set forth in Section 3(B)(1). This includes Kerwin Field and its baseballlmultipurpose field, outdoor basketball court, handball court, and general grounds. CITY will allow UNIVERSITY to make use of the Hernandez Center including the pool, gymnasium, and tennis court, subject to the schedule described in Section 3 (B) (1). CITY agrees to allow UNIVERSITY use of Hernandez Center gym for regular scheduled basketball practices from 1 :00 pm to 3:00 pm, Monday - Friday, from August through March. 1 EXHIBIT 1 2008-371 B. UNIVERSITY: 1. Use of Facilities: UNIVERSITY will use Meadowbrook Park and Hernandez Center facilities for basketball, baseball, football and other sporting practices, games and events according to a rolling 6 month schedule with prior CITY approval. UNIVERSITY agrees to submit in writing a six-month schedule and the names of authorized UNIVERSITY supervising staff to CITY by the 1st of the month for the upcoming 6- month period beginning September 15, 2008. 2. Maintenance of Field and Facilities: UNIVERSITY will keep field and gym clean of trash throughout the duration of this contract. UNIVERSITY agrees to complete all maintenance of field andlor gym for UNIVERSITY programs, games and events during the term of this agreement. 3. Adherence to CITY Regulations: UNIVERSITY will ensure that all players, coaches, and staff adhere to CITY regulations in accordance with the City of San Bernardino Municipal Code Chapter 12.80 (with the exception of references to fees and deposits) at all times. CITY reserves the right to deny UNIVERSITY access to the field, court, or pool if requests for compliance with regulations are not met. All UNIVERSITY faculty and staff working with youth will be required to be "live-scanned" by the CITY consistent with the requirements of CITY volunteers. 4. PAYMENT AND SERVICES: UNIVERSITY has requested financial assistance from CITY in order to assist in defraying the expenses connected with the conduct of events related to the University's Athletic program. In lieu of paying facility rental fees, UNIVERSITY will provide the City with services as indicated in the attached Scope of Services, which is attached hereto as Exhibit A. These services shall be organized and administered by the City's Parks, Recreation and Community Services Director or his designee. All services may be substituted for another service at the sole discretion of the Director or his designee. /1/1 EXHIBIT 1 2 2008-371 5. INDEMNITY UNIVERSITY agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages, and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of UNIVERSITY, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, UNIVERSITY agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. UNIVERSITY hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the UNIVERSITY relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. Nothing contained in this agreement shall be construed as a waiver by the City of any immunity it may have under the law. 6. INSURANCE: While not restricting nor limiting the foregoing, during the term of this Agreement, UNIVERSITY shall maintain in effect policies of comprehensive public, general and automobile liability insurance, and all such riders as related to the operation of the Program, in the amount of $2,000,000.00 per occurrence combined single limit, naming the City of San Bernardino, it's departments, agencies, boards, commissions, elected officials, attorneys, employees, and agents, as additional insureds. The policy shall be without right of subrogation against the City. The insurance provided shall carry the endorsement that "this insurance is primary and noncontributory as respects any losses or liability arising directly or indirectly from the insureds operations. A certificate of insurance evidencing such coverage shall be provided to the Parks, Recreation and Community Services Director or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without thirty days prior notice to the City. 3 EXHIBIT 1 2008-371 7. NON-DISCRIMINATION: In the performance of this Agreement and in the hiring and recruitment of employees, UNIVERSITY shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in the employment of persons because of their 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. 8. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States 'Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks, Recreation and Community Services Director 201 A North "E" Street, Suite 1 03 San Bernardino, CA 92401 Phone: (909) 384-5233 Fax: (909) 384-5160 TO THE UNIVERSITY: American Sports University 399 North D Street San Bernardino, CA 92407-2397 Phone: (909) 889-5555 Fax: (909) 889-3855 9. ATTORNEY'S FEES In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. VENUE The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 4 2008-371 11. GOVERNING LAW This Agreement shall be govemed by the laws of the State of California. 12. SUCCESSORS AND ASSIGNS This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 13. HEADINGS The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 14. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of the Agreement shall remain in full force and effect. 15. ENTIRE AGREEMENT; MODIFICATION This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 16. REMEDIES/WAlVER All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. III 5 2008-371 CITY OF SAN BERNARDINO AMERICAN SPORTS UNIVERSITY FACILITY USE AGREEMENT 17. TERMINATION: The CITY or UNIVERSITY may terminate this Agreement by giving the other party thirty (30) days advance written notice of termination. Should UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, CITY may summarily terminate this Agreement by giving written notice of termination of this Agreement. American Sports University 399 North D Street San Bernardino, CA 92407.2397 City of San Bernardino Parks, Recreation and Community Services 201 A North "En Street San Bernardino, CA 92401 ~/ By IlL Jp~ Lori Sassoon Acting City Manager \ 0 II <; /'WO~ Date I ' ~l1<< Date Approved as to form: James F. Penman, City Attorney 6 2008-371 Exhibit A SCOPE OF SERVICES In lieu of paying facility rental fees, American Sports University will provide the following reciprocal services during the term of this agreement: · Provide general landscape maintenance assistance to Meadowbrook Park under Park Maintenance staff guidance. Two students will assist with landscape duties a minimum of 15 hours per week throughout the term of this Agreement. A schedule of these hours shall be coordinated with the Director of Parks and Recreation and Community Services, or his designee, no later than 11-1-08. · Provide the City's Pee Wee and Youth Sports leagues with instructors who will conduct one pre-season training class on coaching Youth and Pee Wee athletics and skills development. Classes will be scheduled at the beginning of each regular scheduled Youth and Pee Wee sports program session during the months listed below. Any additional clinics may be scheduled with the UNIVERSITY by the Parks and Recreation and Community Services Director, or his designee, at least two weeks in advance. Soccer - April 2009 Pee Wee T-Ball- April 2009 Pee Wee and Youth Football - August 2009 Youth Basketball- April 2009 · Provide qualified, experienced sports officials to officiate City Youth Sports league games on an as needed basis, as requested by the Director of Parks and Recreation and Community Services, or his designee. Director (or designee) will request officials at least one week prior to the scheduled event. If an official is not available, UNIVERSITY will contact Director (or designee) at least one week prior to the scheduled event. · Work with Director of Parks and Recreation Department and Community Services, or his designee, to provide ASU coaches to assist parent volunteers coaching City Youth and Pee Wee athletic leagues. ASU coaches will be scheduled to assist leagues during the regular season program sessions stated above. The Director (or designee) will request coaches to participate in additional practices no less than two weeks before the scheduled practice. If a coach is not available, UNIVERSITY will contact Director (or designee) at least three days prior to the scheduled practice. · Make available 4 scholarships, available exclusively to qualified City residents for University tuition assistance. (Each of these scholarships is approximately 25% of the total cost of tuition towards a 4-year BA degree, worth $16,660 each, for a total of $66,640). CITY and UNIVERSITY will work together to establish scholarship criteria which shall be drafted no later than 4/1/09 and awarded during the term of this agreement. Awards shall be confirmed by the Mayor and Common Council. · Allow CITY to use UNIVERSITY conference room and the Fox Theater for events and/or meetings, which must be scheduled no less than one week in advance with UNIVERSITY administration. It is understood by both parties that there will be no monetary compensation by either party for the provision of these services. Each of these services shall be planned and administered by the City's Parks and Recreation and Community Services Director or his 2008-371 Exhibit A designee. All services may be substituted for another service at the sole discretion of the Director or his designee. CITY reserves the right to deny UNIVERSITY access to the field, gym, and pool if agreed upon services are not fulfilled.