Loading...
HomeMy WebLinkAbout2016-106 I RESOLUTION NO. 2016-106 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE FACILITIES USE AGREEMENT BY AND BETWEEN SAN BERNARDINO YOUTH 4 BASEBALL AND THE CITY OF SAN BERNARDINO; ALLOWING THE GROUP 5 TO USE FISCALINI FIELD FROM JANUARY 1, 2016 THROUGH DECEMBER 31, 2016, WITH THE OPTION OF THREE (3) ONE YEAR RENEWALS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is hereby authorized to execute on behalf of said 9 City the Facility Use Agreement with San Bernardino Youth Baseball, a copy of which is 10 11 attached hereto, marked as Exhibit "A", and incorporated herein by reference as fully as 12 though set forth at length. 13 SECTION 2. That the authorization to execute the above referenced Facility Use 14 Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days 15 of the passage of this resolution. 16 SECTION 3. That the implementation date of the Facility Use Agreement with San 17 18 Bernardino Youth Baseball is January 1, 2016; therefore, any action taken between January 1, 19 2016 and the date that this Resolution is adopted is hereby ratified. 20 21 22 /// 23 24 25 26 27 /// 28 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2 FACILITIES USE AGREEMENT BY AND BETWEEN SAN BERNARDINO YOUTH BASEBALL AND THE CITY OF SAN BERNARDINO; ALLOWING THE GROUP 3 TO USE FISCALINI FIELD FROM JANUARY 1, 2016 THROUGH DECEMBER 31, 4 2016,WITH THE OPTION OF THREE (3) ONE YEAR RENEWALS. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 6th day of June, 2016, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 16 RICHARD X 17 MULVIHILL X 18 / 19 Georgea Hanna, C , City Clerk 20 21 The foregoing Resolution is hereby approved this day of June, 2016. 22 l 23 r R. Carey DaVernardino, Mayor 24 City of San 25 Approved as to form: Gary D. Saenz, City Attorney 26 27 By' 28 2 2016-106 FACILITIES USE AGREEMENT BETWEEN SAN BERNARDINO YOUTH BASEBALL AND THE CITY OF SAN BERNARDINO FOR THE USE OF FISCALINI FIELD This Agreement, by and between San Bernardino Youth Baseball ("SBYB") and the City of San Bernardino ("CITY"), provides for the SBYB's use of Fiscalini Field, owned by the CITY, in accordance with the following terms and conditions: 1. GENERAL: SBYB shall have shared use of Fiscalini Field from May 27, 2016 through October 31, 2016, Mondays, Tuesdays, and Thursdays, 5:30 PM to 10:00 PM for league play and exclusive use July 14, 2016 through July 26, 2016, 8:00 AM to 10:00 PM for special tournament play. 11. TERM: The term of this agreement shall be for one (1) year commencing on January 1, 2016 and ending on December 31, 2016; with the option of three (3) one year renewals upon mutual consent of the parties. During the term of the Agreement, the SBYB is granted shared use of the baseball field and exclusive use of the snack bar concession building. III. USE OF FISCALINI FIELD: A. CITY's Responsibilities: 1. Maintenance of Field: a) Routine/Recurring: provide weekly landscape maintenance of Fiscalini Field, including 1 inch height mowing and edging (once per week), apply seed and fertilizer, and repair damaged irrigation as needed. Routine maintenance of field shall occur Wednesday of each week and no play shall occur on this date by any users on the infield or outfield. All field users shall meet each Wednesday at 9:00 AM with the CITY maintenance 1 2016-106 representative, as needed, to determine current maintenance needs. b) Annual Renovation November 1St through December 31st: complete irrigation system repair (automated and manual), grass scalping to 1/2 inch previous to over seeding, complete turf aeration, install sand to "float" infield lightly, over seed and cover bare spots with seed topper, remove lips from back of infield, apply new sod to necessary turf areas, rebuild pitcher's mound, grade and spread Infield sand material, repair and tie down outfield wind screens, cut back trees hanging over fences in outfield. 2. Use of Snack Bar Concession Building: CITY will allow SBYB to use the snack bar concession building, which includes the kitchen and adjacent janitor's storage closet during the scheduled use as described herein. B. SBYB Responsibilities: 1. Use of Facilities: SBYB will use Fiscalini Field for league play and tournament games. 2. Joint Use of Facilities: SBYB will relinquish entire field and facility use on any designated CITY co-sponsored events. During CITY designated use, daily play shall comply with the terms and conditions of the "Rules for Fiscalini Maintenance" in Attachment GG 1�9 3. Maintenance of Field and Facilities: SBYB will keep the infield, outfield, dugouts, batters' cage, snack bar/concessions building, and spectator stands clean of trash throughout the duration of use. SBYB will comply with the CITY "Rules for Fiscalini Maintenance" in Attachment"I". 4. Adherence to CITY Regulations: SBYB will insure that all players, coaches, and staff adhere to CITY regulations at all times. 2 2016-106 CITY reserves the right to close the field if requests for compliance with regulations are not met. 5. Use of Sign Panels on Outfield Fence: SBYB will use existing sign panels to solicit advertising in support of youth sports through SBYB. SBYB will produce, install, and maintain signs as needed. 6. Public Access: SBYB shall be permitted to charge fees for access to sporting events on designated competition dates. SBYB is responsible for furnishing signage advertising CITY approved fee schedules and spectator rules while attending events. SBYB shall be permitted to deny access to patrons with pets, leashed or unleashed, during competition events; with the exception of disabled patrons utilizing pets as handicap aids. IV. FEES & SBYB Reciprocal Services: SBYB will provide the following services during the term of this agreement: • Provide annual facility renovations/capital improvements approved by city staff(value - $6,000 per year) • Provide basic user upkeep, i.e. dragging, chalking, watering and field preparation • Maintain and repair all aspects of the interior and exterior of the snack bar concession building for SBYB's exclusive use V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The SBYB, at the SBYB's own expense, may employ or contract such persons, as the SBYB deems necessary to perform the services required of the SBYB by this agreement. The SBYB 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 SBYB agrees to provide worker's compensation insurance for their own employees, volunteers and agents and agrees to hold harmless and indemnify the 3 2016-106 CITY for any and all claims arising out of any injury, disability, or death of any of the SBYB's employees or agents. VI. DISCRIMINATION: CITY and SBYB mutually agree that the activities provided under this Agreement and all employment offered by CITY and SBYB 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 SBYB 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: SBYB AND CITY AGREE AS FOLLOWS: CITY agrees to indemnify and hold harmless SBYB, its employees, 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. SBYB agrees to indemnify and hold harmless CITY, its employees, officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from SBYB'S negligent acts or omissions arising from the SBYB'S performance of its obligations under the Agreement. In the event that CITY and/or SBYB 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 SBYB 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. 4 2016-106 VIII. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, SBYB 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 City's Risk Manager or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without thirty (30) days prior written notice to CITY. IX. TERMINATION: The CITY or the SBYB may terminate this Agreement by giving the other party thirty (30) days advance written notice of termination. Should the SBYB fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving fourteen (14) working days' written notice of termination to the SBYB. X. ATTORNEYS' 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 2016-106 XI. ASSIGNMENT. SBYB shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the SBYB's interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY'S consent, no subletting or assignment shall release SBYB of SBYB's obligation to perform all other obligations to be performed by SBYB hereunder for the term of this Agreement. XII. 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. XIII. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. XIV. 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. XV. 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. 6 2016-106 XVI. 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 this Agreement shall remain in full force and effect. XVII. REMEDIES; WAIVER. 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. XVIII.AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and SBYB. No oral agreements shall be binding or of any effect on either party. XIX. 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 matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. It is not the intent of the Parties that any rights in third parties be created by the term and conditions agreed to herein. 7 2016-106 FACILITIES USE AGREEMENT BETWEEN SAN BERNARDINO YOUTH BASEBALL AND THE CITY OF SAN BERNARDINO FOR THE USE OF FISCALINI FIELD San Bernardino Youth Baseball City of San Bernardino P. O. Box 70014 Parks, Recreation and San Bernardino, CA 92411 Community Services Department 201 North "E" Street San Bernardino, CA 92401 By By Brandon Ponce, League President Mark Scott, City Manager Date Date By Steve Nunez, Facility Coordinator Date Approved as to form: Gary Saenz, City Attorney B LA �[ 8 2016-106 FACILITIES USE AGREEMENT BETWEEN SAN BERNARDINO YOUTH BASEBALL AND THE CITY OF SAN BERNARDINO FOR THE USE OF FISCALINI FIELD This Agreement, by and between San Bernardino Youth Baseball ("SBYB") and the City of San Bernardino ("CITY"), provides for the SBYB's use of Fiscalini Field, owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: SBYB shall have shared use of Fiscalini Field from May 27, 2016 through October 31, 2016, Mondays, Tuesdays, and Thursdays, 5:30 PM to 10:00 PM for league play and exclusive use July 14, 2016 through July 26, 2016, 8:00 AM to 10:00 PM for special tournament play. 11. TERM: The term of this agreement shall be for one (1) year commencing on January 1, 2016 and ending on December 31, 2016; with the option of three (3) one year renewals upon mutual consent of the parties. During the term of the Agreement, the SBYB is granted shared use of the baseball field and exclusive use of the snack bar concession building. III. USE OF FISCALINI FIELD: A. CITY's Responsibilities: 1. Maintenance of Field: a) Routine/Recurring: provide weekly landscape maintenance of Fiscalini Field, including 1 inch height mowing and edging (once per week), apply seed and fertilizer, and repair damaged irrigation as needed. Routine maintenance of field shall occur Wednesday of each week and no play shall occur on this date by any users on the infield or outfield. All field users shall meet each Wednesday at 9:00 AM with the CITY maintenance 1 2016-106 representative, as needed, to determine current maintenance needs. b) Annual Renovation November 1St through December 31st: complete irrigation system repair (automated and manual), grass scalping to '/z inch previous to over seeding, complete turf aeration, install sand to "float" infield lightly, over seed and cover bare spots with seed topper, remove lips from back of infield, apply new sod to necessary turf areas, rebuild pitcher's mound, grade and spread Infield sand material, repair and tie down outfield wind screens, cut back trees hanging over fences in outfield. 2. Use of Snack Bar Concession Building: CITY will allow SBYB to use the snack bar concession building, which includes the kitchen and adjacent janitor's storage closet during the scheduled use as described herein. B. SBYB Responsibilities: 1. Use of Facilities: SBYB will use Fiscalini Field for league play and tournament games. 2. Joint Use of Facilities: SBYB will relinquish entire field and facility use on any designated CITY co-sponsored events. During CITY designated use, daily play shall comply with the terms and conditions of the "Rules for Fiscalini Maintenance" in Attachment «1„ 3. Maintenance of Field and Facilities: SBYB will keep the infield, outfield, dugouts, batters' cage, snack bar/concessions building, and spectator stands clean of trash throughout the duration of use. SBYB will comply with the CITY "Rules for Fiscalini Maintenance" in Attachment"1". 4. Adherence to CITY Regulations: SBYB will insure that all players, coaches, and staff adhere to CITY regulations at all times. 2 2016-106 CITY reserves the right to close the field if requests for compliance with regulations are not met. 5. Use of Sign Panels on Outfield Fence: SBYB will use existing sign panels to solicit advertising in support of youth sports through SBYB. SBYB will produce, install, and maintain signs as needed. 6. Public Access: SBYB shall be permitted to charge fees for access to sporting events on designated competition dates. SBYB is responsible for furnishing signage advertising CITY approved fee schedules and spectator rules while attending events. SBYB shall be permitted to deny access to patrons with pets, leashed or unleashed, during competition events; with the exception of disabled patrons utilizing pets as handicap aids. IV. FEES & SBYB Reciprocal Services: SBYB will provide the following services during the term of this agreement: • Provide annual facility renovations/capital improvements approved by city staff(value - $6,000 per year) • Provide basic user upkeep, i.e. dragging, chalking, watering and field preparation • Maintain and repair all aspects of the interior and exterior of the snack bar concession building for SBYB's exclusive use V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The SBYB, at the SBYB's own expense, may employ or contract such persons, as the SBYB deems necessary to perform the services required of the SBYB by this agreement. The SBYB 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 SBYB agrees to provide worker's compensation insurance for their own employees, volunteers and agents and agrees to hold harmless and indemnify the 3 2016-106 CITY for any and all claims arising out of any injury, disability, or death of any of the SBYB's employees or agents. VI. DISCRIMINATION: CITY and SBYB mutually agree that the activities provided under this Agreement and all employment offered by CITY and SBYB 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 SBYB 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: SBYB AND CITY AGREE AS FOLLOWS: CITY agrees to indemnify and hold harmless SBYB, its employees, 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. SBYB agrees to indemnify and hold harmless CITY, its employees, officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from SBYB'S negligent acts or omissions arising from the SBYB'S performance of its obligations under the Agreement. In the event that CITY and/or SBYB 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 SBYB 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. 4 2016-106 VIII. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, SBYB 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 City's Risk Manager or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without thirty (30) days prior written notice to CITY. IX. TERMINATION: The CITY or the SBYB may terminate this Agreement by giving the other party thirty (30) days advance written notice of termination. Should the SBYB fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving fourteen (14) working days' written notice of termination to the SBYB. X. ATTORNEYS' 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 2016-106 XI. ASSIGNMENT. SBYB shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the SBYB's interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY'S consent, no subletting or assignment shall release SBYB of SBYB's obligation to perform all other obligations to be performed by SBYB hereunder for the term of this Agreement. XII. 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. XIII. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. XIV. 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. XV. 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. 6 2016-106 XVI. 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 this Agreement shall remain in full force and effect. XVII. REMEDIES; WAIVER. 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. XVIII.AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and SBYB. No oral agreements shall be binding or of any effect on either party. XIX. 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 matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. It is not the intent of the Parties that any rights in third parties be created by the term and conditions agreed to herein. HI 7 2016-106 FACILITIES USE AGREEMENT BETWEEN SAN BERNARDINO YOUTH BASEBALL AND THE CITY OF SAN BERNARDINO FOR THE USE OF FISCALINI FIELD San Bernardino Youth Baseball City of San Bernardino P. O. Box 70014 Parks,Recreation and San Bernardino, CA 92411 Community Services Department 201 North "E" Street San Bernardino, CA 92401 B Y �C By X je� Brandon Ponce, League resident Mark Scott, City Manager Date Date By , Steve Nunez, Facility rdinator as c 'A 016 Date Approved as to form: Gary Saenz, City Attorney B 8