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HomeMy WebLinkAbout05.H- Parks, Recreationm & Community Services 5.H RESOLUTION (ID # 4445) DOC ID: 4445 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement From: Jim Tickemyer M/CC Meeting Date: 06/06/2016 Prepared by: Christina Chartier, (909) 384-5233 Dept: Parks, Recreation & Community Ward(s): 2 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute the Facilities Use Agreement by and Between San Bernardino Youth Baseball and the City of San Bernardino; Allowing the Group to Use Fiscalini Field from January 1, 2016 through December 31, 2016, with the Option of Three (3) One Year Renewals. (#4445) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>> Account Description: <<Insert Account Description>> Balance as of: <<Insert Date>> 1 Balance after approval of this item: <<Insert Amount>> Motion: Adopt the Resolution. i Synopsis of Previous Council Action: 1 February 3, 1997 - Resolution 1997-26 - Resolution of the City of San Bernardino Authorizing the Director of Parks, Recreation and Community Services Department to Execute an Agreement with California State University, San Bernardino (CSUSB) providing for the cooperative uses of the University's Athletic Facilities and the City's Fiscalini Field. IAugust 20, 2001 - Resolution 2001-263 - Resolution Authorizing an agreement between the City of San Bernardino and CSUSB 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. December 21, 2009 - Resolution 2009-378 - 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 CSUSB and the City of San Bernardino allowing for the CSUSB's Use of Fiscalini Field from December 26, 2009 through December 25, 2010, with the option of three one-year renewals. February 16, 2010 - Resolution 2010-26 - Resolution of the Mayor and Common Updated: 5/31/2016 by Georgeann "Gigi" Hanna A I Packet Pg. 179 4445 Council of the City of San Bernardino authorizing the City Manager to execute a revised Facility Use Agreement by and between CSUSB and the City of San Bernardino allowing for the CSUSB's Use of Fiscalini Field from December 26, 2009 through December 25, 2010 with the option of three one-year renewals and repealing Resolution No. 09-378. January 24, 2011 - Resolution 2011-10 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute two use of facilities agreements by and between CSUSB and the City of San Bernardino and Inland Empire Pony Baseball and the City of San Bernardino; allowing for both groups' collective use of Fiscalini Field from January 1, 2011 through December 31, 2011, with the option of three one-year renewals; and repealing Resolution No. 2010-26. October 19, 2015-Resolution 2015-4094 -Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Use of Facilities Agreement with CSUSB for Use of Fiscalini Field. Background: SBYB as well as other local travel baseball organizations will be granted use of Fiscalini outside the contractual time frames of CSUSB Baseball. As a result, the Department will be able to stretch their limited resources, while promoting recreation/sports in our City. It is anticipated that this Agreement between the City and the SBYB will also serve as a catalyst for activity and development along the Highland Avenue corridor. Pursuant to this Agreement,s g Bement, the SBYB will provide the following services during the term of this agreement: • Provide annual facility renovations/capital improvements approved by city staff (value-$6,000.00 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 exclusive use Staff and players of SBYB have been responsible users of the facilities at Fiscalini Field in the past, and their knowledge of field maintenance and use as a resource in this regard would be a welcomed asset to both Fiscalini Field and Perris Hill Park. Recommendation: Adopt the Resolution City Attorney Review: Supporting Documents: 2016 SBYB Resolution (DOC) Agrmt 4445 (PDF) Attachment 1 Rules for Fiscalini Maintenance (PDF) Exhibit B 2016 Cal State Schedule (PDF) Updated: 5/31/2016 by Georgeann "Gigi" Hanna A Packet Pg. 180 5.H.a 1 RESOLUTION NO. 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 E 7 CITY OF SAN BERNARDINO AS FOLLOWS: a L 8 a 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 m 10 r 11 attached hereto, marked as Exhibit "A", and incorporated herein by reference as fully as 0 12 though set forth at length. L 13 SECTION 2. That the authorization to execute the above referenced Facility Use m 14 Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days 15 LO of the passage of this resolution. 16 SECTION 3. That the implementation date of the Facility Use Agreement with San o 17 18 Bernardino Youth Baseball is January 1, 2016; therefore, any action taken between January 1, 0 19 2016 and the date that this Resolution is adopted is hereby ratified. } m U) 20 0 21 22 23 24 25 26 27 28 1 Packet Pg.181 5.H.a 1 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a 6 c d 7 meeting thereof, held on the day of , 2016, by the following vote, d 8 to wit: Q 9 Council Members: AYES NAYS ABSTAIN ABSENT Ca 10 00 MARQUEZ 11 } 12 BARRIOS L 13 VALDIVIA d m 14 SHORETT r- ca cn 15 NICKEL 16 RICHARD o 17 MULV IHILL o 18 19 m 20 Georgeann Hanna, CMC, City Clerk in 0 21 c14 The foregoing Resolution is hereby approved this day of , 2016. 22 E U 23 a 24 R. Carey Davis, Mayor City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: 28 2 1 Packet Pg. 182 1. r FACILITIES USE AGREEMENT BETWEEN SAN BERNARDINO YOUTH IL I Nor 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: S I. GENERAL: SBYB shall have shared use of Fiscalini Field from May 27, 2016 through E 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 4 10:00 PM for special tournament play. N m ll. TERM: o 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 L renewals upon mutual consent of the parties. During the term of the Agreement, m the SBYB is granted shared use of the baseball field and exclusive use of the in snack bar concession building. � It �r a III. USE OF FISCALINI FIELD: A. CITY's Responsibilities: a� 1. Maintenance of Field: Q Y a) Routine/Recurring: provide weekly landscape maintenance of E Fiscalini Field, including 1 inch height mowing and edging 2 (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 15 1 Packet Pg. 183 representative, as needed, to determine current maintenance needs. b) Annual Renovation November l't through December 31st: complete irrigation system repair (automated and manual), grass scalping to %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 w pitcher's mound, grade and spread Infield sand material, repair E 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 m kitchen and adjacent janitor's storage closet during the scheduled 0 use as described herein. E _ iv B. SBYB Responsibilities: 0° _ M 1. Use of Facilities: SBYB will use Fiscalini Field for league play �!? and tournament games. �r 2. Joint Use of Facilities: SBYB will relinquish entire field and v facility use on any designated CITY co-sponsored events. During v E CITY designated use, daily play shall comply with the terms and a conditions of the "Rules for Fiscalini Maintenance" in Attachment d «1 , E 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 Packet Pg. 184 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 E Q be permitted to deny access to patrons with pets, leashed or a unleashed, during competition events; with the exception of disabled patrons utilizing pets as handicap aids. m s IV. FEES & SBYB Reciprocal Services: >- 0 SBYB will provide the following services during the term of this agreement: S • Provide annual facility renovations/capital improvements approved by i city staff(value - $6,000 per year) 00 c �o • Provide basic user upkeep, i.e. dragging, chalking, watering and field LO preparation • Maintain and repair all aspects of the interior and exterior of the snack LO v bar concession building for SBYB's exclusive use L Q V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The SBYB, at the SBYB's own expense, may employ or contract such persons,as 0 the SBYB deems necessary to perform the services required of the SBYB by this Q 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 A employees, volunteers and agents and agrees to hold harmless and indemnify the 3 Packet Pg.185 5.H.b CITY for any and all claims arising out of any injury, disability, or death of any of NOW, 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 E d comply with the law and the policies and procedures of their respective agencies a, a relative to affirmative action compliance in their employment practices. (i N t0 VII. LIABILITY: SBYB AND CITY AGREE AS FOLLOWS: m CITY agrees to indemnify and hold harmless SBYB, its employees, officers, y0. 0 agents and volunteers from any and all claims, actions, or losses, damages and/or C liability resulting from CITY'S negligent acts or omissions arising from the c CITY'S performance of its obligations under the Agreement. 0° c Cn Ln 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 U') liability resulting from SBYB'S negligent acts or omissions arising from the E SBYB'S performance of its obligations under the Agreement. Q a� In the event that CITY and/or SBYB is found to be comparatively at fault for any E claim, action, loss, or damage which results from their respective obligations a 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 Packet Pg. 186 s 1 0 3 VIII. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, 1 SBYB shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence g combined single limit, naming the City of San Bernardino, its departments, P 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 E added notation that the insurance policy shall not be terminated or materially Q altered without thirty (30) days prior written notice to CITY. m IX. TERMINATION: The CITY or the SBYB may terminate this Agreement by giving the other party y° 0 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 E 0 summarily terminate this Agreement by giving fourteen (14) working days' c� written notice of termination to the SBYB. co LO Iq v X. ATTORNEYS' FEES Ln v In the event that litigation is brought by any party in connection with this r' r E Agreement, the prevailing party shall be entitled to recover from the opposing a party all costs and expenses, including reasonable attorneys' fees, incurred by the d 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, Q 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 Packet Pg. 187 1 s 7 1 i 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 C1TY'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 a� Agreement. E i (D ¢ XII. VENUE. The parties hereto agree that all actions or proceedings arising in connection with m this Agreement shall be tried and litigated either in the State courts located in the 3 County of San Bernardino, State of California or the U.S. District Court for the >- 0 Central District of California, Riverside Division. The aforementioned choice of L venue is intended by the parties to be mandatory and not permissive in nature. d c �a XIII. GOVERNING LAW. `o W) This Agreement shall be governed by the laws of the State of California. LO v XIV. SUCCESSORS AND ASSIGNS. E This Agreement shall be binding on and inure to the benefit of the parties to this a Agreement and their respective heirs, representatives, successors,and assigns. d F- U 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 Packet Pg. 188 1 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. c t 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 a 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 m waiver of such breach or a waiver of future breaches, unless such waiver shall be Y in writing and signed by the party against whom enforcement is sought. >- 0 _ XVIII.AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and m �c SBYB. No oral agreements shall be binding or of any effect on either party. �!? �r v XIX. ENTIRE AGREEMENT; MODIFICATION. tn This Agreement constitutes the entire agreement and the understanding between E the parties, and supersedes any prior agreements and understandings relating to the Q subject matter of this Agreement. This Agreement may be modified or amended only by a� a written instrument executed by all parties to this Agreement. s U It is not the intent of the Parties that any rights in third parties be created by the Q term and conditions agreed to herein. IlI 7 Packet Pg. 189 5.H.b t 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 E w a� L Q Date Date N fII m t By 3 Steve Nunez,Facility Coordinator >-- 0 c =a L L Date m c M Approved as to form: U) Gary Saenz, City Attorney LO v B v r E L a w E U f0 a+ rw Q Packet Pg. 190 Rules for Fiscalini Maintenance Unless others wise stated below, all terms and conditions of maintenance and use set forth below are to be followed by USERS authorized by the CITY to utilize and/or maintain Fiscalini Field. 1) Play not to exceed two games a day and 5 games per week unless prior authorization has been secured by CITY management. 2) Field shall be mowed a minimum of once per week by a qualified CITY maintenance staff with a mower designed for athletic field mowing at a height that is associated with good athletic field maintenance—1 inch suggested. 3) Each user shall furnish their own equipment(rake, drag,tamp,hose coupler,broom, small utility vehicle). a, 4) The field and bull-pens shall be repaired immediately after every use by the user. 't 5) The cut outs,baselines, and home plate areas must be raked and NOT dragged. 6) Maintenance vehicles must remain on the outfield warning track only. H 7) No maintenance vehicles in the infield, except for a light weight vehicle to "drag" m with. r 8) No vehicles may be driven in front of the dugouts, across the plate,,or in the c baselines. } 9) When dragging the infield the drag should remain one foot from the edge of the c grass. 10) Mound should be repaired and Carped after every use. F 11) All dugout trash should be picked-up and dugouts should be swept after each use. m 12) No materials should be added to the field without CITY management and/or Maintenance Division Manager approval (ie drying agents,field conditioners etc.). co have a designated maintenance worker_,to receive trainlrg fr(wv7+ *!�� un CITY approved,athleticfield maintenance personnel. 14) Any destruction, vandalism, theft shall be reported immediately to the CITY and fixed by the user immediately. c 15) Any general "wear and tear" irrigation issues should be reported to the CITY _ immediately for prompt repair. Irrigation damage resulting from USER neglect shall be reported to the CITY immediately and repaired by the USER within 24 hours. 16) All users shall provide a detailed use schedule to the CITY for approval prior to R Use. v N 17) All USERS will be required to refrain from field use during scheduled annual field LL maintenance and renovation. o 18) - National tournaments of any USER can exceed the number of games limitations with CITY approval, however tournaments must have national sports tourism benefit and implications. r 19) Annual renovation of the field will occur November I —December 31 of each year. _ During this time,no play by any USER shall occur on the infield or outfield. (D E 20) Routine CITY maintenance of field will occur Wednesday of each week; during such time no play by any USER shall occur on the infield or outfield. Q w c Q E U f6 w Q Packet Pg. 191 Cal State San Bernardino Baseball 2016 schedule Day .Date Opponent Location Time Friday February 5 at Dixie State St.George, Utah 8:00 p.m.MST Saturday. February 6 at Dixie State(DH) St.George, Utah 11:00 a.m, MST Sunday February 7 at Dlxie State St.George, Utah 11:00 a.m. MST Friday February 12 at Cal Poly Pomona Pomona =r. 2:00 p. d, m Saturday February 13 at UC San Diego(DH) La JollaR�a00 p. Sunday February 14 vs.Texas-Permian Basin La Jolla ��OQ,a.m. ¢ Friday February 19 Cal State L.A.—British Columbia Lancaster? Saturday February 20 Cal State L.A.—British Columbia Lancaster9l BA c Sunday February 21 Cal State L.A.—British Columbia Lan ster? Friday February 26 *at UC San Diego L Ila xs' TBA m Saturday February 27 *UC San Diego(DH) SA RNA -�tNO 11:00 a.m. _ Sunday February 28 *at UC San Diego ' Jol1t,... A" 11:00 a.m. o Friday March 4 *Cal State San Marcos SAN 8 97ARDINO 2:00 p.m. >- Saturday March 5 *at Cal State San Marcos(DH) San rods 11:00 a.m. o Sunday March B *Cal State San Marcos SAN ERNARDINO 11:00 a.m. c Saturday March 12 *at Chino State(DH) �s � t, !cb 11,00 a.m, Sunda March 13 *at Chico State ,� Chico 11:00 a.m. CD Y * SAN BERNARDINO 11:00 a.m. m Saturday March 19 *Cal State Stanlsla��s$(D�-I) �� SAN BERNARDINO 11:00 a.m. � Sunday March 20 Cal State StanissF Friday March 25 *at Sonoma St t$ Rohnert Park 11:00 a•m. cn Saturday March 26 *at Sonoma (D Rohnert Park 11:00 a.m. Saturday Aprl!2 *San Fran sco fate( ?'' SAN BERNARDINO 11:00 a.m.. . Sunday April 3 *San Fr n ah�te SAN BERNARDINO 11:00 a.m. Saturday April 9 *at C State nterey Bay(DH) Seaside 11:00 a.m. Sunday April 10 *�t� Mt�erey Bay Seaside 11:00 a.m. a April 1ti 'tai State st y(DH) SAN BERNARDINO 11:00 a.m. o Saturday, °' Sunday ''' April 17 al State st Bay SAN BERNARDINO 11:00 a.m. _ Friday April 22 „1 al St at Dominguez Hills -Carson 3:00 p.m. Saturday April 23 ` feWDominguez.Hills(DH) SAN BERNARDINO 11:00 a.m. i Sunday April 24 ' at Ca State Dominguez Hills Carson 11:00 a.m. Frlda A a I Poly Pomona SAN BERNARDINO 3:00 p.m. y l� *- Pomona 11:00 a.m. L) Saturday April , *at dal Poly Pomona(DH) Sunday M 1 Nr, *Ca!Poly Pomona SAN BERNARDINO 11:00 a.m. �+ *at Cal State L.A. Los Angeles 6:00 p.m. Friday May * N SAN BERNARDINO 11:00 a.m. Sat ay May�� Cal State L.A.(DH) m �� Los Angeles 11:00 a.m. = SurSda May 8 k,' *at Cal State L.A. Z �. a :1%_14 CCAA Tournament Stockton TBA ' E 'a ''f' x 19-22 NCAA West Regional ,.., is w Cary,N.C. ��t ;;,�,;.,5, May 29-June 4 NCAA Championship :'r�'`' r Lu E Coach: Dave Martinez(1't season) "?" Head o �� ;�:"-.. _ Those in italics are pending :'.:.S.CSUSB *CCAA games (One of the Sonoma State games will be nonconference) ,°.. . O ¢ "' YEARS.., Packet Pg. 192