HomeMy WebLinkAbout27-Parks and Recreation
Cll . OF SAN BERNARDI 0.. REQUE T FOR COUNCIL ACr ON
From: Annie F. Ramos, Director
Subject: RESOLUTION AUTHORIZING AN AGREEt1ENT
WITH SAN BERNARDINO BASEBALL CLUB
TO PERFORt.1 BALLFIELD MAINTENANCE
AND PREPARATION AT FISCALI~
Dept: Parks, Recreation & Community Services
Date: September 9, 1988
Synopsis of Previous Councilection:
January 1987: Resolution authorizing an agreement for use of Fiscalini
Field by San Bernardino Baseball Club.
Recommended motion:
Adopt the Resolution. .
~ ]--7?-
51g aturt
Contlet perlon: Ann i e F. Ramos
Staff Report
Supporting data attached:
Phone:
5030
N/A
Ward:
FUNDING REQUIREMENTS:
Amount:
$5,325
Source: (ACCT. NO.) 001-382-53150
(ACCT. DESCRIPTION) Parks Division Contractual Services
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Council No...:
8'1 ;6 HV Z I 1)0 88&1
'~UO'HIWQY.. 'Q.~iH
71.0111
Agend. Item No. ~ 7
CI-. _ OF SAN .ERNARDI.. ~ - REQUE, r FOR COUNCIL AC1 1N
RESOLUTION AUTHORIZING AN AGREEMENT
WITH SAN BERNARDINO BASEBALL CLUB
TO PERFORM BALLFIELD MAINTENANCE
AND PREPARATION AT FISCALINI FIELD.
STAFF REPORT
The 1987 agreement with the San Bernardino Baseball Club requires the City to be respon-
sible for routine maintenance of Fiscalini Field including "cleaning the public rest-
rooms...and all aspects of playing field maintenance". This obligation entails a
variety of tasks and duties that essentially require a minimum of 3 staff to perform
between 3:00 PM and 11:00 PM on a game day.
The normal routine on a game day requires that the field be prepared by 4:00 PM prior
to batting and infield practice. The field needs to be re-dragged and chalked, the
batting practice apparatus removed and the infield hosed down inmediately prior to
the start of the game. At the seventh inning stretch, the field is again dragged,
hosed and chalked. At the conclusion of a game, the batters box, pitcher's mound and
base paths are raked and packed.
During the course of a game, the public restroomsshould be serviced regularly. This
entails restocking of dispensers and emptying of trash receptacles.
The Parks Division was budgeted to provide this service with part time staff. Prior
to July 1, 1988, the hourly rate for these staff was $3.50/hour and the cost was $84.00
per game. with the change in minimum wage, the part time rate increased to $4.25 or $102.00
per game. Prior to the 'start of the 1988 season the department explored with the Spirit
management the transfer of these Qbligations. The department's objective was two fold:
to reduce costs and to insure the highest quality of field care. By allowing the
Spirit to assume field preparation they were able to engage someone with greater skills and
expertise than the department could provide at minimum wage. The agreement calls for
a payment of $75.00 per game or $5,325 for the season. This represents a savings to the
City of $27.00 per game or $1,917 per season. The Park Division's budget for 1988-89
was adjusted accordingly to reflect these arrangements.
The City Attorney's office was asked to prepare a resolution and agreement prior to the
start of the 1988 season. Due to a backlog of work and higher priorities however,
it was not completed until now. Approval of th~ agreement is reconmended.
9/9/88
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB,
3 INC., TO PERFORM BALLFIELD PREPARATION AND MAINTENANCE AT
FISCALINI FIELD. '
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
"'
8 an agreement with SAN BERNARDINO BASEBALL CLUB, INC. to perform
9 ballfield preparation and maintenance at Fiscalini Field, a copy
10 of which is attached hereto marked Exhibit "A" and incorporated
11 herein by r.eference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Commori Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1988, by the following vote, to
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day of
16 wit:
17 AYES:
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NAYS:
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ABSENT:
City Clerk
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October 11, 1988
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RESOLUTION . . . Af"ttEEMENT WITH sr~ BERNARDINO BASEBALL CLUB,
INC. . . . BALLFIL ) PREPARATION ~. J MAINTENANCE AT FISCALINl
FIELD.
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The foregoing resolution is hereby approved this
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day of
Approved as to form
6 a Legal Content:
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October 11, 1988
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
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1
A G R E E MEN T
2
THIS AGREEMENT is made and entered into this
day of
, 1988, by and between the CITY OF SAN BERNARDINO, a
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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, 1987, 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:
16
1. General Description Of Work To Be Done.
City hereby engages Contractor, and Contractor hereby
15
17 accepts such engagement, to perform the services herein described
18 for the compensation herein provided. Contractor hereby assures
19 and covenants to City that it has the qualifications, experience
20 and facilities to properly perform said services, and hereby
21 agrees to undertake and complete the performance. thereof for the
22 compensation herein provided.
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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
27 written consent ofConttactor 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.
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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
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pursuant to the Official California League Schedule.
No
11 additional maintenance costs shall be charged to the City without
12 prior approval.
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B. Manner of Compensation
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(1) Contractor shall maintain and file with the
15 Parks, Recreation and Community Services Department a record of
16 games worked.
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(2) The Parks, Recreation and Community Services
18 Department shall submit a claim or request for paYment based on
19 such record to the Finance Department in such manner that
20 Contractor shall be paid monthly.
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(3) Contractor shall assume and pay all out-of-
22 pocket expenses and costs of performing services under this
23 agreement except as otherwise specifically provided herein, and
24 City shall not be liable for any such costs and expenses.
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4. General Description Of Work To Be Done By Contractor.
26 City hereby retains Contractor to perform ball field
27 preparation and maintenance services at Fiscalini Field according
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Octoper 11, 1988
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1 to the following schedule and conditions:
2 SCHEDULE AND CONDITIONS FOR WORK TO BE PERFORMED BY CONTRACTOR
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Work To Be Performed
Schedule
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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
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
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1. The above work shall be accomplished between 6:00
later than two (2) hours after completion of game.
Recreation and Community Services Department will be
advance of any,requirement for additional work hours.
A.M. and no
The Parks,
notified in
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
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conditions for work:
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SCHEDULE AND CONDITIONS FOR WORK TO BE PERFORMED BY CITY
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
Schedule
Work To Be Performed
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Mowing outfield
Mowing infield
Edging
Weedeating
Fertilization
Bleacher/hardscape Blowing/washing
Weekly
Bi-weekly
Weekly
Weekly
Quarterly
Following each game
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October 11, 1988
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B1eacher/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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Monthly
Quarterly
Annually
Annually
Annually
Weekly
As needed
Daily
Daily
Annually, as needed
Daily
Prior to and following
each event
As needed
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Sodding
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.
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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
22 agreement executed by both parties.
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7. Assignment.
24 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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October 11, 1988
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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
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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
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objectives or goals.
Contractor shall not be obligated to
12 conform to the supervision or direction of City officers or
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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.
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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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October 11, 1988
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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.
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.
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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
13 (5) days' written notice for failure of Contractor to perform
14 obligations under the contract in a satisfactory manner, and
15 thirty (30) days' written notice if termination is for other
16 reasons. Notice shall be by mail posted to the address set forth
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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
20 final statement by the Contractor.
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12. Acceptance of Final PaYment Constitutes Release.
22 The acceptance by Contractor of the final payment made
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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October 11, 1988
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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:
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CITY
CONTRACTOR
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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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
15 Section 30, Maintenance and Repair, of the former agreement only
16 in reference to ballfield preparation and maintenance services.
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15. Entire Agreement.
18 This contract constitutes the entire agreement between City
19 and Contractor and may be modified only by further written
20 agreement between the parties.
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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.
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
City Clerk
By
Mayor
SAN BERNARDINO BASEBALL CLUB, INC.
By
General Manager
Approved as to form
and Legal Content:
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October 11, 1988
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