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HomeMy WebLinkAbout38-Parks and Recreation "RI"""''''AL ' ~ r - \ ,\ ! U vli\!.' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Dept: Parks and Recreation Subject: 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. Date: September 8, 2008 MICC Date: September 15, 2008 Synopsis of Previous Council Action: 9/2/08 Mayor and Common Council continued item to the September 15, 2008 Council meeting. 8/6/08 Mayor and Common Council continued this item for 30 days. Recommended Motion: Adopt Resolution. Kevin Hawkins Contact person: Kevin Hawkins, Director Phone: 5233 Supporting data attached: Staff Report, Reso, Agreement Ward(s): 1 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: #~//J){..f~ -# AlB / ~Se? 2,ptJt:!--..:57/ '?-~-~J ~ '.31 9-..2-06' Agenda Item No. '36 1.15...08 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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. Backl!:round: The American Sports University (ASU) is an independent, non-profit private institution granting Bachelor and Master degrees in the discipline of Sports Education. This fall, the school is expected to have over 150 enrolled students when classes begin August 25th. Located in downtown San Bernardino, the University has made many contributions to the downtown area including the new food court on Court Street, a modem gym with low membership rates for City employees and residents, and renovations to the Fox Theater. In July, Councilwoman Estrada requested that staff facilitate a meeting with the Parks, Recreation and Community Services Department and ASU. The objective of this meeting was to formulate an agreement allowing ASU to use the Hernandez Recreation Center and Meadowbrook Park facilities for their academic sports programs, while expanding community recreational opportunities. An Agreement between ASU and the City was prepared for the August 6, 2008 budget meeting. At that time, it was recommended by the City Attorney's Office that the item be continued for 30 days for further review. On August 8th, ASU submitted an application with the Parks, Recreation and Community Services Department to use the Rudy C. Hernandez Center beginning 8/18/08 through 12/1108. Approval of this Agreement will nullify that application. Understanding that both the City and the University have finite resources, an Agreement has been reached which incorporates in-kind contributions from the University. In lieu of paying facility rental and maintenance costs for the use of Hernandez Recreation Center and Meadowbrook Park, the University will provide the following reciprocal services to the City for a one year term: . Provide work study students to perform general field maintenance to Meadowbrook Park a minimum of 2 days per week; . Provide the City's Pee Wee and Youth Sports programs with professional student instructors and staff coaches who will work with parent volunteers coaching in City leagues, and conduct pre-season training classes and clinics on coaching youth sports and skill development; . Provide experienced sports officials to assist in officiating City Pee Wee and Youth Sports leagues as needed and requested by the Director of Parks, Recreation and Community Services or his designee; . Assist the City in the acquisition of park and gym equipment, materials, or with general park and facility renovations, in areas of general mutual need; . Allow City staff to use the ASU conference room for meetings, to be scheduled in advance with the school's administration; . Offer opportunities for youth participating in City athletic leagues to meet professional athletes and attend professional sporting events; and . Make available 4 scholarships, available exclusively to city youth, for University tuition assistance. Each of these scholarships is approximately 25% of the total cost of tuition towards a 4-year SA degree, worth $16,660 each, for a total of $66,640. All services provided by ASU will be scheduled and administered by the Director of Parks, Recreation and Community Services or his designee, and may be substituted for other services at the sole discretion of the Director or his designee. The proposed agreement allows the University use of the Hernandez Center gymnasium for regularly scheduled basketball practices from 1:00 pm - 3:00 pm, Monday through Friday, beginning in September and ending in March. All other sporting events, programs and activities will be scheduled with the City's Parks, Recreation and Community Services Department Director or his designee. Parks, Recreation and Community Services Department staff managing this agreement will work with faculty and staff at ASU to ensure that ASU athletic events, programs and practices do not overlap prime time community use after 4:00 pm on weekdays, and on weekends. The term of this Agreement is for one year, with the option of a one time, one year renewal upon mutual written consent of both parties. Fiscal Impact: None. Recommendation: Adopt Resolution. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Date: August 22, 2008 Subject: 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. Dept: Parks and Recreation MlCC Date: September 2, 2008 Synopsis of Previous Council Action: August 6,2008- Mayor and Common Council continue this item for 30 days. Recommended Motion: Adopt Resolution. ~~ 4;2-.' Kevm Hawkins Contact person: Catherine Pritchett, Management Analyst I Phone: 5122 Supporting data attached: Staff Report, Reso, Agreement Ward(s): 1st FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: I?cWP/..ISL y . AJJ'; ~/Ocf Agenda Item No. 31./ ;. z ..68 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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. Backeround: The American Sports University (ASU) is an independent, non-profit private institution granting Bachelor and Master degrees in the discipline of Sports Education. This fall, the school is expected to have over 150 enrolled students when classes begin August 25th. Located in downtown San Bernardino, the University has made many contributions to the downtown area including the new food court on Court Street, a modem gym with low membership rates for City employees and residents, and renovations to the Fox Theater. In July, Councilwoman Estrada requested that staff facilitate a meeting with the Parks, Recreation and Community Services Department and ASU. The objective of this meeting was to formulate an agreement allowing ASU to use the Hernandez Recreation Center and Meadowbrook Park facilities for their academic sports programs. An Agreement between ASU and the City was prepared for the August 6, 2008 budget meeting. At that time, it was recommended by the City Attorney's Office that the item be continued for 30 days for further review. On August 8th, ASU submitted an application with the Parks and Recreation Department to use the Rudy C. Hernandez Center beginning 8/18/08 through 12/1/08. Although the application is on file, it has not yet been authorized by the Director of Parks and Recreation, who is on vacation. Approval of this Agreement will nullify that application. Understanding that both the City and the University have finite resources, a non-monetary agreement has been reached. In lieu of paying facility rental and maintenance costs for the use of Hernandez Recreation Center and Meadowbrook Park, the University will provide the following reciprocal services to the City for a one year term: . Provide work study students to perform general field maintenance to Meadowbrook Park a minimum of 2 days per week . Provide the City's Pee Wee and Youth Sports programs with professional student instructors and staff coaches who will work with parent volunteers coaching in City leagues, and conduct pre-season training classes and clinics on coaching youth sports and skill development . Provide experienced sports officials to assist in officiating City Pee Wee and Youth Sports leagues as needed and requested by the Director of Parks and Recreation . Assist the City in the acquisition of park and gym equipment, materials, or with general park and facility renovation, in areas of general mutual need . Allow City staff to use the ASU conference room for meetings, to be scheduled in advance with the school's administration . Offer opportunities for youth participating in City athletic leagues to meet professional athletes and attend professional sporting events . Make available 4 scholarships, available exclusively to city youth, 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 All services provided by ASU will be scheduled and administered by the Director of Parks and Recreation or his designee, and may be substituted for other services at the sole discretion of the Director or his designee. The proposed agreement allows the University use of the Hernandez Center gymnasium for regularly scheduled basketball practices from 1:00 pm - 3:00 pm, Monday through Friday, beginning in September and ending in March. All other sporting events, programs and activities will be scheduled with the City's Parks and Recreation Department Director or his designee. Parks and Recreation staff managing this agreement will work with faculty and staff at ASU to ensure that ASU athletic events, programs and practices do not overlap prime time community use after 6:00 pm on weekdays, and on weekends. The term of this Agreement is for one year, with the option of a one time, one year renewal upon mutual written consent of both parties. Fiscal Impact: None. Recommendation: Adopt resolution. 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. 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: 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 "A", and incorporated herein by reference as fully as though set forth at length. Section 2: The authorization to execute the above referenced Facility Use Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage ofthis resolution. III III III III III III III III III (!,Ir;t ~~~ ,- /)~ III -*:~ y III ~ /~ .-() <6 III III 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. 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 By: 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: AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 27 28 '::;:j'/ /OJ/l1 /., V~/(c",. >-t (." /' F d. J...' I L-- . 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 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 (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 1, 2008 and ending on August 31, 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. This includes Kerwin Field and its baseball/multipurpose 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, 2. Improvements: It is understood that, subject to the approval of the Director, that UNIVERSITY may make improvements to the Hernandez 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4. 21 22 23 24 25 26 27 28 Center gym at no cost to CITY. No expenditures made by UNIVERSITY shall be reimbursed by CITY. B. UNIVERSITY: 1. Use of Facilities: UNIVERSITY will use facilities for basketball, baseball, football and other sporting practices, games and events according to a rolling 6 month schedule as agreed by CITY. UNIVERSITY agrees to submit in writing a six-month schedule to CITY by the 1st of the month for the upcoming 6-month period beginning September 1,2008. 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 field, court, or pool maintenance for UNIVERSITY programs, games and events during the term of this agreement. 3. Adherence to CITY Regulations: UNIVERSITY will ensure that all players, coaches, staff and coaches adhere to CITY regulations in accordance with the City of San Bernardino Municipal Code Chapter 12.80 at all times. CITY reserves the right to deny UNIVERSITY access to the field, court, or pool if requests for compliance to regulations are not met. All UNIVERSITY faculty and staff working with youth will be required to be "live-scanned" consistent with the requirements of City volunteers. 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 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 and Recreation Director or his designee. All services may be substituted for another service at the sole discretion of the Director or his designee. 2 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 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, ernployees, and agents, as additional insureds. The policy shall be without right of subrogation against the City. The insurance provided shall carry the endorsernent 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 Mayor 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. 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, except as permitted pursuant to Section 12940 of the California Government Code. 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: City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Phone: (909) 384-5122 Fax: (909) 384-5138 TO THE UNIVERSITY: American Sports University 399 North D Street San Bernardino, CA 92407-2397 Phone: (909) 889-5555 Fax: (909) 889-3855 3 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 9. 10. 11. 12. 13. 14. 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. 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. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 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. 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. 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. 4 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 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. 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. 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. III III III III III III III III III III 5 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 CITY OF SAN BERNARDINO AMERICAN SPORTS UNIVERSITY FACILITY USE AGREEMENT American Sports University 399 North D Street San Bernardino, CA 92407-2397 City of San Bernardino City Manager's Office 300 North "D" Street San Bernardino, CA 92418 By By Fred Wilson City Manager Date Date Attest: By Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney By Date: 6 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 under Park Maintenance staff guidance to Meadowbrook Park. UNIVERSITY will develop, supervise, and evaluate a student work study program to give its students an opportunity to foster practical work experience in the municipal parks and recreation service industry. A minimum of 2 students will perform landscape duties each a minimum of 15 hours per week throughout the term of this Agreement. . Provide interns available to work in City Departments. Duties may include general office work including, but not limited to, clerical support, graphic design and brochure development, audio/visual support, and various marketing and promotion cooperatives. Interns will work no more than 100 hours in a 10 week period throughout the term of this Agreement. . Provide the City's Pee Wee and Youth Sports leagues with student instructors and staff coaches who will work with parent volunteers participating in City leagues. Instructors will conduct pre-season training classes on coaching youth sports and skills development. . Provide youth in the city free sports training clinics. The purpose of the clinics is to improve the skills of the youth in a particular sport, and discuss overall wellness topics related to the sport. A minimum of four clinics will be scheduled consistent with City leagues. . Provide a source of qualified, experienced sports officials to officiate City Youth Sports league games. UNIVERSITY will provide a minimum of two officials for each sporting league season. . Work with Parks Department to provide ASU coaches to supplement parent volunteers coaching City youth athletic leagues. . Assist the City in the acquisition of park and gym equipment, materials, or with general park and facility renovation, in areas of general mutual need. . Provide opportunities to youth participating in City leagues to meet a variety of professional athletes, and opportunities to attend professional sporting events. . 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 SA degree, worth $16,660 each, for a total of $66,640). CITY and UNIVERSITY will work together to establish scholarship criteria. . Allow CITY to use UNIVERSITY conference room and the Fox Theater for events and/or meetings, which must be scheduled 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 organized and administered by the City's Parks and Recreation Director or his designee. All services may be substituted for another service at the sole discretion of the Director or his designee. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Manager Dept: City Manager's Office Subject: 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. Date: July 31, 2008 MICC Date: August 6, 2008 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Wt!wt(v) Contact person: Catherine Pritchett, Management Analyst I Phone: 5122 Supporting data attached: Staff Report, Reso, Agreement Ward(s): 1st FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No. It! B I ?-h -o?- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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. Backl!round: The American Sports University (ASU) is an independent, non-profit private institution granting Bachelor and Master degrees in the discipline of Sports Education. This fall, the school is expected to have over 150 enrolled students when classes begin August 25th Located in downtown San Bernardino, the University has made many contributions to the downtown area including the new food court on Court Street, a modern gym with low membership rates for City employees and residents, and renovations to the Fox Theater. In July, Councilwoman Estrada requested that staff facilitate a meeting with the Parks, Recreation and Community Services Department and ASU. The objective of this meeting was to facilitate an agreement allowing ASU to use the Hernandez Recreation Center and Meadowbrook Park facilities for their academic sports programs. In prior discussions, ASU and the City have agreed that a partnership would benefit existing programs and enhance youth and college-aged sports in the city. However the City's standard facilities use fees are not structured in such a way that would facilitate this partnership. Understanding that both the City and the University have finite resources, a non-monetary agreement was reached. In lieu of paying facility rental and maintenance costs for the use of Hernandez Recreation Center and Meadowbrook Park, the University will provide the following reciprocal services to the City for a one year term: . Provide work study students to perform general field maintenance to Meadowbrook Park a minimum of 2 days per week Provide interns to assist in City Departments Provide the City's Pee Wee and Youth Sports programs with professional student instructors and staff coaches who will work with parent volunteers participating in City leagues and conduct pre-season training classes on how to coach youth sports and direct on individual sports skills development Provide experienced sports officials to assist in officiating traditional Pee Wee and Youth sports programs operated by the City University faculty and staff will work with Parks and Recreation staff to schedule regular coaches and players clinics at ASU Allow City staff to use the ASU conference room for meetings, to be scheduled in advance with the school's administration . . . . . . Offer VIP opportunities allowing youth participating in City leagues to meet professional athletes and attend professional sporting events . Make available 4 scholarships, exclusively available to city youth, for University tuition assistance. Each of these scholarships is approximately 25% of the total cost of tuition towards a 4-year SA degree, worth $16,660 each, for a total of $66,640 The proposed agreement allows the University use of the Hernandez Center gymnasium for regularly scheduled basketball practices from I :00 pm - 3 :00 pm, Monday through Friday, beginning in August and ending in March. All other sporting events, programs and activities will be scheduled with the City's Parks and Recreation Department. Parks and Recreation staff managing this agreement will work with faculty and staff at ASU to ensure that ASU athletic events, programs and practices do not overlap prime time community use after 6:00 pm on weekdays, and on weekends. It is understood that the University may wish to make improvements to the Hernandez Center. Any maintenance or enhancements to existing City facilities will be done in kind by the University with authorization from the Director of the Parks Department. The term of this Agreement is for one year, with the option of a one time, one year renewal upon mutual written consent of both parties. Fiscal Impact: None. Recommendation: Adopt resolution. 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. 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: 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 "A", and incorporated herein by reference as fully as though set forth at length. Section 2: The authorization to execute the above referenced Facility Use Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III III 1/1 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 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 BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: 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 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 defined in Section 2 A of this Agreement. B. The UNIVERSITY agrees to provide the City with professional and other services as outlined in Section 2 B of this Agreement. 2. TERM: A. The term of this agreement shall be for one (1) year commencing on August 15, 2008 and ending on August 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's Responsibilities: 1. Facility Use: CITY will allow UNIVERSITY to make use of all fields at Meadowbrook Park for football, soccer, baseball, and other sport activities. This includes Kerwin Field and its baseball/multipurpose 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, when not is use for City sponsored activities, at the City's sole discretion. 2. Scheduling: 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. The City will provide UNIVERSITY the use the Hernandez Center gymnasium for ASU Home Basketball games when facility is not scheduled for City organized activities for the general public and paid rentals. Use of both facilities by UNIVERSITY is not to overlap prime time community use 1 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 after 6:00 pm on weekdays, or on weekends. Availability is to be determined solely by the Parks Department. 3. Improvements: It is understood that, subject to the approval of the Director, that UNIVERSITY may make improvements to the Hernandez Center gym at no cost to CITY. No expenditures made by UNIVERSITY shall be reimbursed by CITY. 4. Opening and Closing of Field and Facility: CITY will provide right of entry to UNIVERSITY to access the facilities on dates of use. The CITY reserves the right to determine the playability of the field, courts, or pool due to adverse weather conditions, acts of nature, and/or other public safety purpose, and at its sole discretion may close the field, courts, or pool. B. University's Responsibilities: 1. Use of Facilities: UNIVERSITY will use facilities for basketball, baseball, football and other sporting practices, games and events according to a schedule as agreed by CITY. UNIVERSITY agrees to submit in writing a six-month master schedule to CITY by the 1st of the month for the upcoming 6-month period beginning September 1, 2008. UNIVERSITY will work with CITY to ensure that ASU activities do not overlap with community use. 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 field, court, or pool preparation and maintenance for UNIVERSITY programs, games and events during the term of this agreement. UNIVERSITY agrees that after usage they will leave site ready to be used for CITY programming. CITY ensures that after use by any City organized event that the site will be ready for UNIVERSITY programming. 3. Adherence to CITY Regulations: UNIVERSITY will ensure that all players, coaches, and staff adhere to CITY regulations at all times. CITY reserves the right to close the field, court, or pool if requests for compliance to regulations are not met. All UNIVERSITY faculty and staff working with youth will be required to be "live-scanned" consistent with the requirements of City volunteers. 2 1 4. 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 ASU RECIPROCAL SERVICES: In lieu of paying facility rental fees, UNIVERSITY will provide the following reciprocal services during the term of this agreement: A. Provide general landscape maintenance assistance under Park Maintenance staff guidance to Meadowbrook Park via an established Internship Program. UNIVERSITY will develop, supervise, and evaluate this student work study program to give its students an opportunity to foster practical work experience in the municipal parks and recreation service industry. A minimum of 2 students will perform landscape duties each a minimum of 15 hours per week throughout the term of this Agreement. B. Provide interns to work in City Departments. Duties may include general office work including, but not limited to, clerical support, graphic design and brochure development, audio/visual support, and various marketing and promotion cooperatives. Interns will work no more than 100 hours in a 10 week period throughout the term of this Agreement. C. Provide the City's Pee Wee and Youth Sports programs with student instructors and staff coaches who will work with parent volunteers participating in City leagues. Instructors will conduct pre-season training classes in how to coach youth sports and individual sports skills development. D. Provide youth in the city free sports training clinics a minimum of four times per year. The purpose of the clinics is to improve the skills of the youth in a particular sport, and discuss overall wellness topics related to the sport. E. Provide a source of qualified, experienced sports officials for traditional sports programs operated by the City, and provide a minimum of two officials for each sport season. F. Work with Parks Department to provide coaches to supplement parent volunteers as needed season to season. G. Assist the City in acquisition of equipment, materials, or with general park and facility renovation, in areas of general mutual need. H. Provide VIP Opportunities allowing youth participating in City leagues to meet a variety of professional athletes and opportunities to attend professional sporting events. 3 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 I. Make available 4 scholarships, exclusively available 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 SA degree, worth $16,660 each, for a total of $66,640). CITY and UNIVERSITY will work together to establish scholarship criteria. J. Allow CITY to use UNIVERSITY conference and the Fox Theater for events and/or meetings, which must be scheduled 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. The Parks Department will be responsible for managing this Agreement as well as coordinating all activities and the use of these facilities with ASU. 5. INDEMNITY CITY agrees to indemnify and hold harmless 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 the 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 the CITY and/or the UNIVERSITY is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or UNIVERSITY shall indemnify the other to the extent of its comparative fault. 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, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies 4 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 with the CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 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, except as permitted pursuant to Section 12940 of the California Government Code. 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: City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Phone: (909) 384-5122 Fax: (909) 384-5138 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. 5 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 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 the mandatory and not permissive in nature. 11. GOVERNING LAW This Agreement shall be governed 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. 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 6 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 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. 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. III III III III /II III /II III III III III III III III 7 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 CITY OF SAN BERNARDINO AMERICAN SPORTS UNIVERSITY FACILITY USE AGREEMENT American Sports University 399 North 0 Street San Bernardino, CA 92407-2397 City of San Bernardino City Manager's Office 300 North "0" Street San Bernardino, CA 92418 By By Fred Wilson City Manager Date Date Attest: By Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney By Date: 8 . fF> 1] @~.'.i.l ~~VU :; 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. 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 I: 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 I, 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 III III III III III /II -jf '3 <; '7~ I ~-O'i; 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 SAl\ 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 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 BRINKER DERRY KELLEY. JOHNSON MCCAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2008. Patrick J. Morris. Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: ~.~ 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(8)(1). This includes Kerwin Field and its baseball/multipurpose 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. EXHIBIT "1" 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 1 st 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 and/or 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/ 2 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 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 . 11. GOVERNING LAW This Agreement shall be governed 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. REMEDIESIWAIVER 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 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 Lori Sassoon Acting City Manager By Date Date Approved as to form: James F. Penman, City Attorney II ;?<>'" 8" 6 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-Sall - April 2009 Pee Wee and Youth Football- August 2009 Youth Sasketball- 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 SA 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 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. 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 baseball/multipurpose 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. , 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 151 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 and/or 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. 1111 2 . 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 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 103 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 11. GOVERNING LAW This Agreement shall be governed 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. REMEDIESIWAIVER 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. /11 5 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 0 Street San Bernardino, CA 92407-2397 City of San Bernardino Parks, Recreation and Community Services 201 A North "E" Street San Bernardino, CA 92401 By By Lori Sassoon Acting City Manager Date Date Approved as to form: James F. Penman, City Attorney 6 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. Eaah of these services shall be planned and administered by the City's Parks and Recreation and Community Services Director or his 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.