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HomeMy WebLinkAbout40-Parks and Recreation CITY OF SAN BERNARDINO - REQUEST FOR COUNCILQ8f~ N A L From: Kevin L. Hawkins, Director Subject: Resolution authorizing the City Manager to execute a Use Of Facilities Agreement between the City of San Bernardino and California State University, San Bernardino providing for the University's use of Fiscalini Field. Dept: Parks, Recreation & Community Services Dept. Date: August 4, 2008 MICC Meeting Date: August 18, 2008 Synopsis of Previous Council Action: August 20, 2001 - Resolution No. 2001-263 authorized an Agreement between the City of San Bernardino and California State University, San Bernardino providing for the cooperative uses of the University's outdoor athletic facilities and the City's Fiscalini Field, and terminating the previous agreement under Resolution 97-26. February 3,1997 - Resolution No. 1997-26 authorized an Agreement with California State University, San Bernardino providing for the cooperative uses of the University's Athletic Facilities and the City's Fiscalini Field. Recommended Motion: Adopt Resolution. Contact person: Kevin Hawkins ~" 1i~,,/ - Signature q Phone: 5233 Supporting data attached: Staff Report Reso & Agreement Ward: 2 FUNDING REQUIREMENTS: Amount: $17.500 revenue from the University annually. Source: (Accl. No.) 001-000-4520 IAccl. Descriotionl 7iCV/0J4ur H?cvPW~ -;7/iB L-eP Finance: Council Notes: 7t2~ -#3,1> J' j; a/Of 11':; oJ> Agenda Item No. ~1fZ) 9-/5-05 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 Use of Facilities Agreement between the City of San Bernardino and California State University, San Bernardino providing for the University's use of Fiscalini Field. Back2round: The City and California State University, San Bernardino have worked cooperatively since 1983 to effectively accommodate both the University's needs as well as those ofthe community at Fiscalini Field. The University has used Fiscalini Field as its home practice site for the men's baseball team for approximately 350 hours annually. Their usage occurs during the months of January through May and October through the Thanksgiving holiday in November. Fiscalini Field also served as the University's home play site for approximately two dozen games annually during the 1980's and 1990's, before moving their home games to the Arrowhead Credit Union Park in San Bernardino. Staff from the Parks, Recreation and Community Services Department has been engaged in ongoing discussions with California State University, San Bernardino in an effort to enhance this community partnership. This Use of Facilities Agreement will contractually make Fiscalini Field the official home field of Cal State Baseball in lieu of building an onsite facility at the campus. As a result, the Department will be able to stretch their limited resources, while promoting recreation/sports in our park. It is anticipated that this Agreement between the City and the University will also serve as a catalyst for activity and development along the Highland corridor. Staff from California State University, San Bernardino has reviewed the attached Agreement, and concur with the use ofFiscalini Field facilities, as set forth in the document. Pursuant to this Agreement, the University will pay the City $17,500 per year by January 31st of each year for the use of Fiscalini Field. The University will also provide two (2) work-study students to work on the field throughout the season. Additionally, the University will provide the following improvements to the facility during the proposed ten-year term of the Agreement: . Install a ten foot high outfield fence (green slatted); . Install new side fences from dugout to outfield; . Relocate foul poles; . Install new gate at end of dugouts, both sides; . Replace and install backstop netting; . Install permanent seating in dugout; . Maintain all aspects ofthe interior and exterior of the Players' Clubhouse; . Replace or repair the scoreboard and/or controller to a functional status of use for the mutual use and benefit of both parties; and . Rebuild the Press Box. All repairs and installations by the University will be coordinated with City staff on a schedule favorable to both parties. The University shall also maintain Fiscalini Field, as defined in the Agreement. The Use of Facilities Agreement formalizes arrangements and conditions of use through December 31, 2018. Staff and players of California State University, San Bernardino have been responsible users of these facilities in the past and their knowledge of field maintenance and use as a resource in this regard would be a welcomed asset to Fiscalini Field and Perris Hill Park. Financial Impact: The City will receive fees in the amount of $17,500 annually from the University for the use of Fiscalini Field. The revenue has been accounted for in the FY 08-09 budget. The Parks, Recreation and Community Services Department will absorb the Fiscalini Field maintenance costs in the existing budget. Recommendation: Adopt Resolution. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A USE OF 3 FACILITIES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE 4 UNIVERSITY'S USE OF FISCALINI FIELD. RESOLUTION NO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Use of Facilities Agreement with California State 9 10 University, San Bernardino providing for the University's use of the City's Fiscalini Field, a 11 copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as 12 13 fully as though set forth at length; and SECTION 2. That the authorization granted hereunder shall expire and be void 14 and of no further effect if the agreement is not executed by both parties and returned to the 15 Office of the City Clerk within sixty (60) days following the effective date of the Resolution. 16 17 III 18 III 19 III 20 III 21 III 22 23 III III 24 25 III 26 III 27 III 28 III .u .~.ro I~ ()~0-()';{ fit: III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A USE OF 1 FACILITIES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 2 CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE UNIVERSITY'S USE OF FISCALINI FIELD. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 meeting thereof, held , 2008 by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of ,2008. 21 22 23 24 25 Fred Wilson, City Manager City of San Bernardino Approved as to form: James F. Penman, City Attorney 26 27 28 Exhibit A CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO USE OF FACILITIES AGREEMENT This Agreement, by and between California State University, San Bernardino ("UNIVERSITY") and the City of San Bernardino ("CITY"), provides for the UNIVERSITY's use of Fiscalini Field, owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: A. Actual schedules (practice, games, and practice/exhibition games) for use of facility shall be submitted in writing on a seasonal basis and established by mutual agreement. B. Fiscalini Field is subject to reservation by other users following CITY Application procedures. The UNIVERSITY agrees to cooperate with the CITY for requests for use of facilities that may overlap times and dates of the UNIVERSITY's pre- approved use as described herein. II. TERM: A. The term of this agreement shall be for ten (10) years commencing on September 1, 2008 and ending on December 31,2018; with the option of a one time (one year) renewal upon mutual consent of both parties. During the term of the Agreement, the UNIVERSITY is allowed to use Fiscalini Field (including weekends) from October 1 through May 15 (excluding blackout periods for routine field maintenance). The Fiscalini Field facilities will be made available for use to the UNIVERSITY during these months on Mondays through Fridays from 12:00 p.m. to 6:00 p.m. and on Saturdays and Sundays (January 1 through May 15 ONLY) from 8:00 a.m. to 3:00 p.m. for home games only (except for the Saturdays in which league double headers are scheduled, as noted below), not to exceed a total of 30 games. The UNIVERSITY agrees to be off the field by 6:00 p.m. Mondays through Fridays, and by 3:00 p.m. on Saturdays and Sundays during this agreement (i.e. all times they are using Fiscalini Field), except on those Saturdays when league double headers are scheduled, in which case the UNIVERSITY will be off the field by 6:00 p.m. The dates on which Saturday double headers will take place in 2009 include February 28, March 7, March 21, April 4, April 25 and May 2. The UNIVERSITY will notify the CITY prior to the beginning of the season each year of the Saturday dates impacted by league double headers scheduled during the upcoming season. Both CITY and UNIVERSITY agree to leave Fiscalini Field free of scheduling/usage by either party to allow for annual turf maintenance during the period of time from Thanksgiving Day to New Year's Day annually. III. USE OF FISCALlNI FIELD: A. CITY's Responsibilities: 1. Maintenance of Field: CITY will maintain the field in good condition during period of this agreement including maintenance of grass and field areas. Following the CITY's Adult Baseball League games, CITY wil! complete all ballfield preparation and maintenance for UNIVERSITY usage (Le. practices, fall ball, scheduled games, etc.) This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. CITY will provide UNIVERSITY with updated copies of the Adult Baseball League game schedules such that UNIVERSITY will be apprised of those dates when the field will NOT be prepped by CITY. 2. Maintenance of Buildings, Grounds, and Bleachers: CITY will maintain all buildings, grounds, and bleachers in good and clean condition to ensure the public's safety. 3. Parking: CITY will maintain the paved parking area in good and clean condition for the public's safety. 4. Lighting: CITY will provide and maintain the lighting on the field and in all areas to insure the safety of the players and the public. 5. Opening, Closing of Field: CITY will provide a key to the UNIVERSITY to unlock the field prior to and lock up after all uses according to the approved schedule of use as described herein. The CITY reserves the right to determine the playability of the field due to foul weather, Acts of god, and/or other public safety purpose, and at its sole discretion may close the field. 6. Use of Clubhouse: CITY will allow UNIVERSITY to use the clubhouse, which includes the manager office, training room, restrooms and showers during the schedule of use as described herein. 7. Use of Scoreboard and P.A. System: After training by City staff, CITY will allow UNIVERSITY personnel to operate and use the scoreboard and P.A. amplification equipment. 8. Use of Snack Bar: CITY will retain the first right of use of the main snack bar during all uses of Fiscalini Field. If the CITY does not use the snack bar, the UNIVERSITY will be allowed to use the facility during practices and games in accordance with County Health regulations. 9. Use of CITY Sign Panels on the Outfield Fence: CITY will allow the UNIVERSITY to use the existing sign panels to solicit advertising in support of athletic programs at the UNIVERSITY. UNIVERSITY will pay the CITY twenty five percent (25%) of the fee charged for each sign (net after expenses) used for advertising. CITY will have final approval authority for all signs appearing on the outfield fence. B. University Responsibilities: 1. Use of Facilities: UNIVERSITY will use facilities for baseball practices and games according to a pre-approved schedule as described herein. UNIVERSITY agrees to submit in writing each year's finalized master baseball schedule to CITY by November 1st for the upcoming season (ex: November 1, 2008 for the 2009 baseball season). Facilities to be utilized include the paved parking lot as well as all facilities within the fenced area of Fiscalini Field, except the concession building as it is NOT available due to Farmers Fair & Market Night usage. UNIVERSITY will have scheduling rights from January 1 through May 15 with the option of hosting CCAA and NCAA championships. On the UNIVERSITY'S game days, it is recommended that no other league game be scheduled, or any games scheduled by either the UNIVERSITY or the CITY would be restricted to two (2) games only. 2. Maintenance of Field and Facilities: UNIVERSITY will keep the infield, outfield, dugouts, batters' cage, and players' Clubhouse clean of trash throughout the duration of this contract. UNIVERSITY agrees to complete all ballfield preparation and maintenance for CITY leagues, tournaments and programs during the months as stated in the TERM of the agreement, with the exception of scheduled offsite game and practice dates. This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. UNIVERSITY agrees that after ALL usage they will leave site ready to be played on for CITY programming. The CITY agrees that it will oversee that the ball field preparation and maintenance is completed from January 1 to May 15 after all usage by any City sponsored program and that the CITY will leave site ready to be played. 3. Adherence to CITY Regulations: UNIVERSITY will insure that all players, coaches, and staff will adhere to CITY regulations at all times. CITY reserves the right to close the field if requests for compliance to regulations are not met. 4. Use of Sign Panels on Outfield Fence: UNIVERSITY will use existing sign panels to solicit advertising in support of Men's Baseball Scholarships at UNIVERSITY. UNIVERSITY will solicit businesses in San Bernardino and Riverside Counties. UNIVERSITY will produce, install, and maintain sign as needed. UNIVERSITY will pay the CITY a fee of twenty five percent (25%) of the profit received from advertising. Should a third party be contracted by UNIVERSITY to solicit the sponsorships, the twenty five percent (25%) will be taken from the UNIVERSITY percentage and not the market value of the sponsorship. 5. Lighting: UNIVERSITY will work collaboratively with CITY to communicate and schedule an annual time to 're-direct' existing lighting on the field, thus ensuring optimum playability for all said usage and to insure the safety of the players and the public. UNIVERSITY will send this notice in writing (annually) by July 1st of each fiscal year (i.e. July 1, 2008 for 2009 and July 1, 2009 for 2010) to the CITY. IV. FEES & CSUSB Reciprocal Services: The UNIVERSITY agrees to pay CITY no less than $17,500 per year for use of facilities on the dates and times as described herein. The fee for use of Fiscalini Field facilities will be payable to the "City of San Bernardino" by the 31" of January of each year. CITY will invoice CSUSB by November 1 st of each year for the upcoming program year. In addition, in lieu of paying a part or all of true facility maintenance costs, UNIVERSITY will provide the following services during the ten-year term of this agreement: Provide two (2) work study students to work on the field throughout the season; Install ten foot high outfield fence (new, green slatted); Install new side fences from dugout to outfield; Relocate foul poles; Install new gate at end of dugouts, both sides; Replace and install backstop netting; Install permanent seating in dugout; Replace or repair the scoreboard and/or controller at Fiscalini Field to a functional status of use for the mutual use and benefit of both parties, UNIVERSITY will coordinate, with CITY staff approval, all repairs and installations on a schedule favorable to both parties. Rebuild the Press Box at Fiscalini Field, which includes no less than mold and mildew mitigation, floor board and wall board replacement where necessary, replace counter-top, and repaint interior of Press Box/Scorer Booth for the mutual use and benefit of both parties (requires a blueprint/drawing and list of materials to be used for approval by Parks Division Manager). Maintain all aspects of the interior and exterior of the Players' Clubhouse for the UNIVERSITY's exclusive use. It is agreed that reasonable progress will be made towards completion of the reciprocal services over the ten year term of the Agreement (example: 25% completion of services by the end of year three; 50% completion at the end of year five, etc.). Parties agree to meet annually to review status of improvements at Fiscalini Field. V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The UNIVERSITY, at the UNIVERSITY's own expense, may employ or contract such persons, as the UNIVERSITY deems necessary to perform the services required of the UNIVERSITY by this agreement. The UNIVERSITY assumes full and sole responsibility for payment of all compensation and expenses of these employees or independent contractors for all state and federal income tax, Worker's Compensation unemployment insurance, Social Security, disability insurance, and other applicable withholdings. The UNIVERSITY agrees to provide worker's compensation insurance for their own employees and agents and agrees to hold harmless and indemnify the CITY for any and all claims arising out of any injury, disability, or death of any of the UNIVERSITY's employees or agents. VI. DISCRIMINATION: CITY and UNIVERSITY mutually agree that the activities provided under this Agreement and all employment offered by CITY and UNIVERSITY under this Agreement shall be free of discrimination based upon race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. CITY and UNIVERSITY shall comply with the law and the policies and procedures of their respective agencies relative to affirmative action compliance in their employment practices. VII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS: CITY agrees to indemnify and hold harmless the State of California and UNIVERSITY, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY'S negligent acts or omissions arising from the CITY'S performance of its obligations under the Agreement. UNIVERSITY agrees to indemnify and hold harmless CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from UNIVERSITY'S negligent acts or omissions arising from the UNIVERSITY'S performance of its obligations under the Agreement. In the event that CITY and/or UNIVERSITY is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, CITY and/or UNIVERSITY shall indemnify the other to the extent of this comparative fault. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement shall be considered as costs for the purposes of this paragraph. CITY and UNIVERSITY do not hereby waive each as to the other any defenses or immunities each may have, either jointly or separately, under California Government Code Sections 810, et seq. and, by way of emphasis and not of limitation, with specific reference to California Government Code Sections 830, et seq. VIII. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, UNIVERSITY shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without ten (10) days prior written notice to CITY. IX. TERMINATION: The CITY or the UNIVERSITY may terminate this Agreement by giving the other party sixty- (60) days advance written notice of termination. Contract termination can not become effective during the period of January 1 through May 15. Should the UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving written notice of termination of the UNIVERSITY's Agreement. At will termination due to the failure to faithfully perform all of the terms and conditions of this agreement will require notification of fourteen (14) working days in writing to the UNIVERSITY. X. AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and UNIVERSITY. No oral agreements shall be binding or of any effect on either party. 1/1/ 1/1/ XI. It is not the intent of the Parties that any rights in third parties be created by the terms and conditions agreed to herein. 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1//1 1//1 CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO USE OF FACILITIES AGREEMENT California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 By Procurement and Support Services Officer Date Approved as to form: James F. Penman, City Attorney City of San Bernardino Parks, Recreation and Community Services Department 201- A North "E" Street, Suite 1 03 San Bernardino, CA 92401 By Fred Wilson City Manager Date Attest: By Rachel Clark, City Clerk Exhibit A CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO USE OF FACILITIES AGREEMENT This Agreement, by and between California State University, San Bernardino ("UNIVERSITY") and the City of San Bernardino ("CITY"), provides for the UNIVERSITY's use of Fiscalini Field, owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: A. Actual schedules (practice, games, and practice/exhibition games) for use of facility shall be submitted in writing on a seasonal basis and established by mutual agreement. B. Fiscalini Field is subject to reservation by other users following CITY Application procedures. The UNIVERSITY agrees to cooperate with the CITY for requests for use of facilities that may overlap times and dates of the UNIVERSITY's pre- approved use as described herein. II. TERM: A. The term of this agreement shall be for ten (10) years commencing on September 1, 2008 and ending on December 31,2018; with the option of a one time (one year) renewal upon mutual consent of both parties. During the term of the Agreement, the UNIVERSITY is allowed to use Fiscalini Field (including weekends) from October 1 through May 15 (excluding blackout periods for routine field maintenance). The Fiscalini Field facilities will be made available for use to the UNIVERSITY during these months on Mondays through Fridays from 12:00 p.m. to 6:00 p.m. and on Saturdays and Sundays (January 1 through May 15 ONLY) from 8:00 a.m. to 3:00 p.m. for home games only (except for the Saturdays in which league double headers are scheduled, as noted below), not to exceed a total of 30 games. The UNIVERSITY agrees to be off the field by 6:00 p.m. Mondays through Fridays, and by 3:00 p.m. on Saturdays and Sundays during this agreement (i.e. all times they are using Fiscalini Field), except on those Saturdays when league III. A. double headers are scheduled, in which case the UNIVERSITY will be off the field by 6:00 p.m. The dates on which Saturday double headers will take place in 2009 include February 28, March 7, March 21, April 4, April 25 and May 2. The UNIVERSITY will notify the CITY prior to the beginning of the season each year of the Saturday dates impacted by league double headers scheduled during the upcoming season. Both CITY and UNIVERSITY agree to leave Fiscalini Field free of scheduling/usage by either party to allow for annual turf maintenance during the period of time from Thanksgiving Day to New Year's Day annually. USE OF FISCALlNI FIELD: CITY's Responsibilities: 1. Maintenance of Field: CITY will maintain the field in good condition during period of this agreement including maintenance of grass and field areas. Following the CITY's Adult Baseball League games, CITY wil! complete all ballfield preparation and maintenance for UNIVERSITY usage (i.e. practices, fall ball, scheduled games, etc.) This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. CITY will provide UNIVERSITY with updated copies of the Adult Baseball League game schedules such that UNIVERSITY will be apprised of those dates when the field will NOT be prepped by CITY. 2. Maintenance of Buildings, Grounds, and Bleachers: CITY will maintain all buildings, grounds, and bleachers in good and clean condition to ensure the public's safety. 3. Parking: CITY will maintain the paved parking area in good and clean condition for the public's safety. 4. Lighting: CITY will provide and maintain the lighting on the field and in all areas to insure the safety of the players and the public. 5. Opening, Closing of Field: CITY will provide a key to the UNIVERSITY to unlock the field prior to and lock up after all uses according to the approved schedule of use as described herein. The CITY reserves the right to determine the playability of the field due to foul weather, Acts of god, and/or other public safety purpose, and at its sole discretion may close the field. 6. Use of Clubhouse: CITY will allow UNIVERSITY to use the clubhouse, which includes the manager office, training room, restrooms and showers during the schedule of use as described herein. 7. Use of Scoreboard and P.A. System: After training by City staff, CITY will allow UNIVERSITY personnel to operate and use the scoreboard and PA amplification equipment. 8. Use of Snack Bar: CITY will retain the first right of use of the main snack bar during all uses of Fiscalini Field. If the CITY does not use the snack bar, the UNIVERSITY will be allowed to use the facility during practices and games in accordance with County Health regulations. 9. Use of CITY Sign Panels on the Outfield Fence: CITY will allow the UNIVERSITY to use the existing sign panels to solicit advertising in support of athletic programs at the UNIVERSITY. UNIVERSITY will pay the CITY twenty five percent (25%) of the fee charged for each sign (net after expenses) used for advertising. CITY will have final approval authority for all signs appearing on the outfield fence. B. University Responsibilities: 1. Use of Facilities: UNIVERSITY will use facilities for baseball practices and games according to a pre-approved schedule as described herein. UNIVERSITY agrees to submit in writing each year's finalized master baseball schedule to CITY by November 1st for the upcoming season (ex: November 1, 2008 for the 2009 baseball season). Facilities to be utilized include the paved parking lot as well as all facilities within the fenced area of Fiscalini Field, except the concession building as it is NOT available due to Farmers Fair & Market Night usage. UNIVERSITY will have scheduling rights from January 1 through May 15 with the option of hosting CCAA and NCAA championships. On the UNIVERSITY'S game days, it is recommended that no other league game be scheduled, or any games scheduled by either the UNIVERSITY or the CITY would be restricted to two (2) games only. 2. Maintenance of Field and Facilities: UNIVERSITY will keep the infield, outfield, dugouts, batters' cage, and players' Clubhouse clean of trash throughout the duration of this contract. UNIVERSITY agrees to complete all ballfield preparation and maintenance for CITY leagues, tournaments and programs during the months as stated in the TERM of the agreement, with the exception of scheduled offsite game and practice dates. This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. UNIVERSITY agrees that after ALL usage they will leave site ready to be played on for CITY programming. The CITY agrees that it will oversee that the ball field preparation and maintenance is completed from January 1 to May 15 after all usage by any City sponsored program and that the CITY will leave site ready to be played. 3. Adherence to CITY Regulations: UNIVERSITY will insure that all players, coaches, and staff will adhere to CITY regulations at all times. CITY reserves the right to close the field if requests for compliance to regulations are not met. 4. Use of Sign Panels on Outfield Fence: UNIVERSITY will use existing sign panels to solicit advertising in support of Men's Baseball Scholarships at UNIVERSITY. UNIVERSITY will solicit businesses in San Bernardino and Riverside Counties. UNIVERSITY will produce, install, and maintain sign as needed. UNIVERSITY will pay the CITY a fee of twenty five percent (25%) of the profit received from advertising. Should a third party be contracted by UNIVERSITY to solicit the sponsorships, the twenty five percent (25%) will be taken from the UNIVERSITY percentage and not the market value of the sponsorship. 5. Lighting: UNIVERSITY will work collaboratively with CITY to communicate and schedule an annual time to 're-direct' existing lighting on the field, thus ensuring optimum playability for all said usage and to insure the safety of the players and the public. UNIVERSITY will send this notice in writing (annually) by July 1 st of each fiscal year (i.e. July 1, 2008 for 2009 and July 1, 2009 for 2010) to the CITY. IV. FEES & CSUSB Reciprocal Services: The UNIVERSITY agrees to pay CITY no less than $17,500 per year for use of facilities on the dates and times as described herein. The fee for use of Fiscalini Field facilities will be payable to the "City of San Bernardino" by the 31st of January of each year. CITY will invoice CSUSB by November 1st of each year for the upcoming program year. In addition, in lieu of paying a part or all of true facility maintenance costs, UNIVERSITY will provide the following services during the ten-year term of this agreement: Provide two (2) work study students to work on the field throughout the season; Install ten foot high outfield fence (new, green slatted); Install new side fences from dugout to outfield; Relocate foul poles; Install new gate at end of dugouts, both sides; Replace and install backstop netting; Install permanent seating in dugout; Replace or repair the scoreboard and/or controller at Fiscalini Field to a functional status of use for the mutual use and benefit of both parties. UNIVERSITY will coordinate, with CITY staff approval, all repairs and installations on a schedule favorable to both parties. Rebuild the Press Box at Fiscalini Field, which includes no less than mold and mildew mitigation, floor board and wall board replacement where necessary, replace counter-top, and repaint interior of Press Box/Scorer Booth for the mutual use and benefit of both parties (requires a blueprinUdrawing and list of materials to be used for approval by Parks Division Manager). Maintain all aspects of the interior and exterior of the Players' Clubhouse for the UNIVERSITY's exclusive use. It is agreed that reasonable progress will be made towards completion of the reciprocal services over the ten year term of the Agreement (example: 25% completion of services by the end of year three; 50% completion at the end of year five, etc.). Parties agree to meet annually to review status of improvements at Fiscalini Field. V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The UNIVERSITY, at the UNIVERSITY's own expense, may employ or contract such persons, as the UNIVERSITY deems necessary to perform the services required of the UNIVERSITY by this agreement. The UNIVERSITY assumes full and sole responsibility for payment of all compensation and expenses of these employees or independent contractors for all state and federal income tax, Worker's Compensation unemployment insurance, Social Security, disability insurance, and other applicable withholdings. The UNIVERSITY agrees to provide worker's compensation insurance for their own employees and agents and agrees to hold harmless and indemnify the CITY for any and all claims arising out of any injury, disability, or death of any of the UNIVERSITY's employees or agents. VI. DISCRIMINATION: CITY and UNIVERSITY mutually agree that the activities provided under this Agreement and all employment offered by CITY and UNIVERSITY under this Agreement shall be free of discrimination based upon race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. CITY and UNIVERSITY shall comply with the law and the policies and procedures of their respective agencies relative to affirmative action compliance in their employment practices. VII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOllOWS: CITY agrees to indemnify and hold harmless the State of California and UNIVERSITY, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY'S negligent acts or omissions arising from the CITY'S performance of its obligations under the Agreement. UNIVERSITY agrees to indemnify and hold harmless CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from UNIVERSITY'S negligent acts or omissions arising from the UNIVERSITY'S performance of its obligations under the Agreement. In the event that CITY and/or UNIVERSITY is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, CITY and/or UNIVERSITY shall indemnify the other to the extent of this comparative fault. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement shall be considered as costs for the purposes of this paragraph. CITY and UNIVERSITY do not hereby waive each as to the other any defenses or immunities each may have, either jointly or separately, under California Government Code Sections 810, et seq. and, by way of emphasis and not of limitation, with specific reference to California Government Code Sections 830, et seq. VIII. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, UNIVERSITY shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without ten (10) days prior written notice to CITY. IX. TERMINATION: The CITY or the UNIVERSITY may terminate this Agreement by giving the other party sixty- (60) days advance written notice of termination. Contract termination can not become effective during the period of January 1 through May 15. Should the UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving written notice of termination of the UNIVERSITY's Agreement. At will termination due to the failure to faithfully perform all of the terms and conditions of this agreement will require notification of fourteen (14) working days in writing to the UNIVERSITY. X. AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and UNIVERSITY. No oral agreements shall be binding or of any effect on either party. 1/1/ 1/1/ XI. It is not the intent of the Parties that any rights in third parties be created by the terms and conditions agreed to herein. 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO USE OF FACILITIES AGREEMENT California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 City of San Bernardino Parks, Recreation and Community Services Department 201- A North "E" Street, Suite 1 03 San Bernardino, CA 92401 By By Procurement and Support Services Officer Fred Wilson City Manager Date Date Attest: By Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney CALlNI AGREEMENT