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HomeMy WebLinkAboutS2-Parks & Rec ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From:Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF Dept: Parks, Recreation& SAN BERNARDINO AUTHORIZING THE p MAYOR OR HER DESIGNEE TO EXECUTE Community Services Dept. AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CELTIC Date: November 30, 2005 SOCCER CLUB FOR USE OF THE SAN BERNARDINO SOCCER COMPLEX FOR A 5- YEAR PERIOD. M/CC Meeting Date: December 5, 2005 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Signature Contact person: Lemuel Randolph Phone: 5030 Supporting data attached: staff report, Reso.&Agreement Ward: 7th FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct F)esc.rintinn) Finance: Council Notes: Agenda Item No. X54- la s OS i CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute an Agreement between the City of San Bernardino and the Celtic Soccer Club for use of the San Bernardino Soccer Complex for a 5-year period. Background: Since October of 2002, the City has maintained and operated the San Bernardino Soccer Complex. Operations have consisted primarily of annual weekend events sponsored by several youth soccer organizations. While these events account for the vast majority of annual operating revenue, it has been a challenge to secure these events over a long-term basis given the competition of other soccer venues in southern California. In May of 2004, the City contracted with Bruce Daniels to provide comprehensive marketing and operations of the complex. One of the tasks defined in that contract was to secure multi-year agreements for soccer events with our largest user groups. Celtic Soccer Club is our biggest customer in the context of per capita hotel room nights, concession and parking revenue. Successful negotiations over the last several months have concluded in a 5-year agreement with Celtic Soccer Club. The general terms of this agreement are as follows: 1. Conduct the Event at the San Bernardino Soccer Complex for a minimum of six (6) weekends or their equivalent each year for five years, including but not limited to: Celtic Cup Youngers in the month of January and Celtic Cup Olders in the month of March. 2. Guarantees a minimum of one thousand, one hundred (1,100) matches per year at San Bernardino Soccer Complex. 3. City shall waive field use fees for all days of Contractor events 4. Supply and maintain portable restrooms during the course of Contractor events at Contractor expense. 5. Contractor shall provide for one-half the cost of paid professional security on and off campus during tournament days and overnight. 6. City shall retain all parking revenue 7. City shall retain all concession commissions 8. Contractor shall have the opportunity to advise the City on the selection of any and all food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all vendors shall be required to pay City a percentage of gross sales as determined by City. Financial Impact: Revenue estimated at $90,000 annually or$450,000 over(5) years Recommendation: Adopt Resolution. i 1 I ' RESOLUTION NO. Py r ` RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND j 4- THE CELTIC SOCCER CLUB FOR USE OF THE SAN BERNARDINO SOCCER COMPLEX FOR A 5-YEAR PERIOD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby S authorized and directed to execute on behalf of said City an Agreement with the Celtic Soccer 9 101 Club related to the use of the San Bernardino Soccer Complex, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 12� � length. I ! � SECTION 2. The permit authorized by this resolution shall not take effect until fully 14 ' 1 (I signed and executed by both parties. Neither party shall be obligated hereunder unless and 15! E ' until the permit is fully executed and no oral agreement relating thereto shall be implied or I i authorized. SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the i 20 j I City Clerk within 60 days following effective date of the Resolution. 21 1 22 I /// 3' -241 25 261 28 r 0- i i I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY I 9 OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO j EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 THE CELTIC SOCCER CLUB FOR USE OF THE SAN BERNARDINO SOCCER i COMPLEX FOR A 5-YEAR PERIOD. j 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 7 meeting thereof, held on the day of 2005, by the following 8 vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LONGVILLE 12 I MCGINNIS 10 I DERRY I5NKELLEY � 16. JOHNSON 17 MCCAMMACK 19 Rachel G. Clark, City Clerk 2U1 The foregoing resolution is hereby approved this day of 21 2005. 22 1 23 Judith Valles, Mayor City of San Bernardino 24 Approved as to 25 Form and legal content: 26 , JAMES F. PENMAN, City Attorney y I B}. I QExhibit"A" AGREEMENT SAN BERNARDINO SOCCER COMPLEX By and Between CELTIC SOCCER CLUB "CONTRACTOR" And CITY OF SAN BERNARDINO "CITY" a a THIS AGREEMENT is entered into this 20th day of December, 2005 by and between the CELTIC SOCCER CLUB (hereinafter referred to as "Contractor"), a 501 c 3 private non-profit corporation, and the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "City"). WHEREAS, Contractor has determined that it is in its best interest to enter into an agreement for use of the San Bernardino Soccer Complex; and is experienced in promoting and managing soccer tournaments and other related events; and, `'WHEREAS, City recognizes the special economic impact generated by the Celtic Cup (hereinafter referred to as "Event") and is interested in continuing its collaboration with Contractor at the San Bernardino Soccer Complex; NOW THEREFORE in consideration of the mutual covenants, benefits and premises hereinabove stated, the parties hereto agree as follows: Section 1. Terms of Agreement. This Agreement shall commence on the 20th day of December 2005, and ending on the 19th day of December 2010, unless sooner terminated as hereinafter provided. This Agreement may be extended for an additional five (5) years by mutual consent of both parties. Section 2. Pavment. Within thirty(30) days of completion of the event unless otherwise mutually agreed upon in writing, Contractor shall be responsible for payment of all fees, bonds and deposits identified herein. Section 3. Waiver of fees. In consideration of the special economic impact generated by the Celtic Cup the City shall waive field use fees identified below. City shall retain the right to raise the parking fees to offset the cost of operations of the soccer complex at its sole discretion. The calculation of City fees shall be made in accordance Nvith the following fee schedule: 2 day tournament on 17 fields - $3,500* 3 day tournament on 17 fields - $5,250* Clean up fee: 1) 1 —4 fields $ 125 2) 5 - 8 fields $ 250 3) 9 — 12 fields $ 375 4) 13 — 17 fields $ 500 Section 4. Refundable Deposits. Contractor shall submit a refundable deposit of three thousand dollars ($3,000) by no later than December 1't of the preceding year. Refundable Damage Bond and Clean-up Deposit shall apply to the Celtic Cup six- weekends as a single event. P.,tge 2 of 9 i Contractor shall provide a damage bond at least two weeks prior to the event date based on number of people at the Complex for the scheduled event, in an amount sufficient to cover potential damages to City property and equipment which may occur and to recover other costs which may accrue as a result of the scheduled activities. Minimum bonds and deposits are as follows: Number of People Damage Bond Clean-up Deposit Fex,,-er than 50 $ 300 S 75 50 — 100 $ 500 S 150 101 — 200 $ 750 S 300 201 — 500 51,000 S 750 501 — 1,000 52,000 $1,500 1,000 + $5,000 53,000 Refundable deposits held pursuant to this resolution may be refunded in full or in part within fourteen (14) days after completion of the use period. No refund shall be made until the using party or group has secured a signed inspection and release form from the appropriate facility manager, and delivered this executed release fonn to the Parks, Recreation and Community Services Department. Deductions for anv damage to the facility or for clean up and repairs shall be made from the said deposit by City. Contractor will provide for continuous clean up during the event. If Contractor agrees to clean up, Contractor shall provide personnel to empty trash receptacles into the large trash bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit is required at least 60 days prior to the event date. Contractor shall clean facility immediately following the end of the event. Cleaning Deposit shall be forfeited in whole or part, if upon inspection by a Parks, Recreation and Community Department representative, the facility has not been properly cleaned. If applicant agrees for the City to clean up, a $500 fee will be paid upon application of the use permit. Section 5. Cancellation. In the event of a cancellation by Contractor at least ninety (90) days in advance of the scheduled event, facility use shall revert to the City. In the event of a cancellation in less than ninety (90) days by Contractor, the S3,000 deposit will be retained as liquidating damages. If the event is cancelled due to inclement weather or field conditions as determined by City with Contractor consultation, Contractor shall be given a priority to reschedule event on another date with available (i.e. unscheduled) facility(ies) or deposit shall be refunded in full. Section 6. Scope of Services — Contractor and City. During the tern of this Agreement, Contractor shall provide the following activities described in Attachment A. Page 3 of 9 Section 7. Insurance. Contractor shall procure and maintain in force during the term of this permit and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of S1,000,000. City shall be named as additional insured in the policy and shall be provided a copy. The Contractor's insurance will be primary to any coverage the City may have in effect. Such insurance policies shall provide coverage for the City's contingent liability on such claims of losses resulting from activities of the permit. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services Department. Failure to provide insurance as stated herein will be cause for immediate termination of this permit. Contractor shall provide to the City evidence of public liability insurance for those vendors acquired by Contractor as determined by the City in the amount of $1,000,000 with the City of San Bernardino named as additional insured. When alcoholic beverages are involved, liquor liability endorsement of one million dollars ($1,000,000) must also be included in the insurance. In the event of an emergency response by City forces caused by malfeasance and/or neglect by Contractor and/or its participants, Contractor shall be sufficiently insured and require its participants to be sufficiently insured and certified by their respective state associations. Section 8. Use of Amplified Sound or Public Address System. "Amplified sound" means speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance, or intensity of speech or music and are powered by electricity, battery or combustible fuel. It is unlawful to cause the amplification of sound exceeding twenty-five watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under provisions of City Municipal Code Chapter 12.80.130 and subject to the following conditions: a The location of any bandstand and the position of each loudspeaker shall be as specified by the Director of Parks, Recreation and Community Services Department so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods. b Amplified sound shall not exceed ninety-five decibels at a point fifty feet in front of the center point of the distance between loudspeaker installations. Section 9. First Aid. Contractor agrees to provide Emergency Medical Treatment (EMT)/Ambulance Service and/or First Aid Station on site for the duration of the event. The applicant prior to the event date shall provide a duty schedule. Page 4 of 9 Section 10. Contractual Agreements. At least two weeks prior to event, Contractor shall furnish to the Parks, Recreation and Community Services Department a copy of signed contracts between Contractor and any vendors or other providers of services for the event. Section 11. Hold Harmless. All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by Contractor in the performance of this Agreement shall be deemed officers, agents and employees and subcontractors of the Contractor and City shall not be liable or responsible for anything whatsoever other than the liability to the Contractor as set forth in this Agreement. Contractor agrees to reimburse the City or injured party for any damage of any nature whether bodily, property or otherwise caused by itself, its employees, agents or subcontractors in respect to the operation of this Agreement or the use of any equipment or officer of the Contractor for any damages occasioned thereto by the malfeasance of said Contractor, its employees, agents,.subcontractors or employees thereof in respect to the operation of this Agreement or the use of any vehicle, equipment or machinery in performing this Agreement, and said Contractor further agrees to hold harmless and defend in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the foregoing by reason of said malfeasance or nonfeasance. The Contractor shall not be responsible to defend or hold harmless in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the City as a result of CITY'S actions, maifeasance or nonfeasance. Section 12. Compliance with All Laws. Contractor shall obtain all proper licenses and certificates required for the proper operation of the facilities and shall abide by all federal, state, county and local laws associated with the provision of said services. Section 13. Standards of Operations. Contractor shall meet and conform to the following to meet minimum standards of operations. Contractor agrees to assist in the operation of said facility as agreed upon by the City. Section 14. Independent Contractor Status. Contractor is contracted hereunder to render a professional service with the scope of its training and experience and only bears a legal relationship of independent contractor to the City with respect to the services to be performed. As such, the City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Contractor to perform the services hereunder. Contractor shall provide for normal costs of Worker's Compensation Insurance as applicable. Section 15. Termination. With the exception of any other provision of this Agreement to the contrary, this agreement may be terminated by either party with cause, or any other time deemed mutually acceptable by both parties. In the event that either party is determined to be in substantial default with the terms and conditions of this "' contract, the other part will provide written notice explaining its position in detail. The party determined to be in default shall be provided 30 days to come into substantial Page 5 of 9 compliance or terminate the contract; unless both parties mutually agree in writing to other terms and conditions. Contractor agrees to remove all equipment within five (5) days of the termination of this Agreement. Section 16. Assignment. Contractor shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of City. Section 17. Miscellaneous. Contractor shall maintain a record keeping system satisfactory to the City being permitted access to any applicable records needed to resolve any disputes, other than the Contractor's financial records. Contractor shall maintain all records for the minimum period of five (5) years. Section 18. Attorney's Fees. If any action in law or equity is brought forth to enforce the teens of this Agreement the prevailing party shall be entitled to an award of reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as `attorney's fees' for purposes of this section. Section 19. Amendments. This Agreement may be amended by mutual consent of both parties in writing by form of memorandum signed by both parties. Section 20. Notice. Any written notice to the parties hereto shall be delivered in person or sent by registered mail, postage prepaid, to the following address: CONTRACTOR: MATT McDONAGH P.O. Box 31 Upland, CA 91785 (909) 985 5555 CITY: LEMUEL P. RANDOLPH 547 North Sierra Way San Bernardino, CA 92410-4816 (909) 384 5030 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate at San Bernardino, California as of the day and year first above written. The teens and conditions of this Agreement are hereby agreed to this day of , 2005. Nothing in this paragraph shall prevent the giving of notice by personal service. Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth at the beginning of this Agreement. ATTEST: CITY OF SAN BERNARDINO By By Rachel Clark, City Clerk COAST SOCCER LEAGUE By Title Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: Page 7 of 9 ATTACHMENT A SCOPE OF SERVICES 1. Scope of Services—Contractor a. Conduct the Event at the San Bernardino Soccer Complex for a minimum of six (6) weekends or their equivalent each year for five years, including but not limited to: Celtic Cup Youngers in the month of January and Celtic Cup Olders in the month of March. Contractor guarantees a minimum of one thousand, one hundred (1,100) matches per year at San Bernardino Soccer Complex. b. Contractor shall have exclusive use of the San Bernardino Complex during designated tournament play, and no other sports organization, sports team or high school team will have the authority to use the fields for any purpose whatsoever without the express prior written consent of both parties. Contractor will reserve the right to cancel Agreement should any violation occur. c. Contractor, during its exclusive use, shall be allowed to: 1) Drive golf carts, provided they are driven safely along designated routes as determined by City. 2) Drive automobiles or other vehicles on designated pathways to prepare for Contractor events, provided these vehicles are properly escorted to avoid damage to irrigation system and other structures 3) Store overnight equipment owned by Contractor and/or its sponsors for tournament use, provided that they are properly secured in City designated storage areas. 4) Without charge, the use of twelve (12) designated parking spaces near the office at the south end of the San Bernardino Soccer Complex. 5) Erect and maintain twelve (12) E-Z Up portable shelters at the San Bernardino Soccer complex 6) Display up to two hundred (200) flags and two hundred (200) banners at the San Bernardino Soccer Complex. 7) Exhibit and sell Celtic Soccer League and Celtic Cup apparel, trinkets and memorabilia 8) Exclusive use of the Atrium located in the northern section of the San Bernardino Soccer Complex 9) Contractor shall have the right to alter the San Bernardino Soccer Complex field configuration at its discretion in order to accommodate the needs of the division six players (U8, U9 and U10). Contractor shall notify the appropriate City personnel no later than one (1)week prior to the event date. 10)Contractor shall have the right to prepare the Complex per past practices at least three days prior to each weekend event. d. Contractor shall provide at Contractor's expense and locate at least twelve (12) hours prior to and during each Contractor tournament four (4) extra portable sanitary units adjacent to the northern lavatory for the exclusive use by females Page 8 of 9 with a sign placed designating said units for exclusive use by females. Empty and clean the portable sanitary units Saturday after 4:00 p.m. by contract supplier, the cost of which shall be paid by Contractor. e. Contractor shall provide for one-half the cost of paid professional security on and off campus during tournament days and overnight. f. Contractor shall have the opportunity to advise the City on the selection of any and all food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all vendors shall be required to pay City a percentage of gross sales as determined by City. 2. Scope of Services— City. a. City shall maintain San Bernardino Soccer Complex seventeen-field configuration respectively without alteration, unless otherwise agreed upon in writing. b. City grants Contractor, during its exclusive use 3f the San Bernardino Complex, the authority to designate commercial sponsors approved in writing by City for the sole purpose of offering non-food items for sale, set up displays, advertise and generally promote sales and other events at both complexes, including but not limited to the promotion by automobiles dealers of their automobiles. City reserves the right to approve specific sponsors, locations, design and other related activity and shall not withhold approval of any reasonable request. c. City shall require any and all vendors to pay City a percentage of gross sales as determined by City and be selected after prior consultation with Contractor. This fee charge shall not apply to any vendors acquired by Contractor. Contractor shall not require payment of any fees by selected vendors without prior written approval by City. d. City shall provide and maintain in place at the San Bernardino Soccer Complex: 1) Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. These goal posts are specifically identified as seventeen (17) sets of eight foot by twenty-four foot (8' x 24') goals posts and Contractor-owned fourteen (14) sets of seven foot by tNN"enty-one foot (7' x 21') goal posts for use by the Under-ten (U 10) and younger age groups. Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. 2) At least twelve (12) hours prior to the commencement of each Contractor tournament at both complexes, the City will cause each field to be properly and fully lined with paint. Paint shall include a spectator restraint line to be placed on both sides of each field parallel to and one yard away from the touchline from a point commencing from the halfway line extending twenty-five (25) yards in each direction and painted with blue color paint. 3) Clean lavatories, including the assignment of a full-time attendant for all lavatories. Page 9 of 9 AGREEMENT SAN BERNARDINO SOCCER COMPLEX By and Between CELTIC SOCCER CLUB "CONTRACTOR" And CITY OF SAN BERNARDINO "CITY" MOM ti THIS AGREEMENT is entered into this 20th day of December, 2005 by and between the CELTIC SOCCER CLUB (hereinafter referred to as "Contractor"), a 501 c 3 private non-profit corporation, and the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "City"). WHEREAS, Contractor has determined that it is in its best interest to enter into an agreement for use of the San Bernardino Soccer Complex; and is experienced in promoting and managing soccer tournaments and other related events; and, WHEREAS, City recognizes the special economic impact generated by the Celtic Cup (hereinafter referred to as "Event") and is interested in continuing its collaboration with Contractor at the San Bernardino Soccer Complex; NOW THEREFORE in consideration of the mutual covenants, benefits and premises hereinabove stated, the parties hereto agree as follows: Section 1. Terms of Agreement. This Agreement shall commence on the 20th day of December 2005, and ending on the 19`" day of December 2010, unless sooner terminated as hereinafter provided. This Agreement may be extended for an additional five (5) years by mutual consent of both parties. Section 2. Payment. Within thirty (30) days of completion of the event unless otherwise mutually agreed upon in writing, Contractor shall be responsible for payment of all fees, bonds and deposits identified herein. Section 3. Waiver of fees. In consideration of the special economic impact generated by the Celtic Cup the City shall waive field use fees identified below. City shall retain the right to raise the parking fees to offset the cost of operations of the soccer complex at its sole discretion. The calculation of City fees shall be made in accordance with the following fee schedule: 2 day tournament on 17 fields - S3,500* 3 day tournament on 17 fields - S5,250* Clean up fee: 1) 1 —4 fields $ 125 2) 5 — 8 fields $ 250 3) 9- 12 fields $ 375 4) 13 — 17 fields $ 500 Section 4. Refundable Deposits. Contractor shall submit a refundable deposit of three thousand dollars ($3,000) by no later than December ls` of the preceding year. Refundable Damage Bond and Clean-up Deposit shall apply to the Celtic Cup six- weekends as a single event. Page 2 of 9 Contractor shall provide a damage bond at least two weeks prior to the event date based on number of people at the Complex for the scheduled event, in an amount sufficient to cover potential damages to City property and equipment which may occur and to recover other costs which may accrue as a result of the scheduled activities. Minimum bonds and deposits are as follows: Number of People Damage Bond Clean-up Deposit Fewer than 50 $ 300 $ 75 50- 100 $ 500 $ 150 101 -200 S 750 $ 300 201 - 500 $1,000 $ 750 5!11 — 1,000 $2,000 $1,500 1,000 + $5,000 $3,000 Refundable deposits held pursuant to this resolution may be refunded in full or in part within fourteen (14) days after completion of the use period. No refund shall be made until the using party or group has secured a signed inspection and release form from the appropriate facility manager, and delivered this executed release form to the Parks, Recreation and Community Services Department. Deductions for any damage to the facility or for clean up and repairs shall be made from the said deposit by City. Contractor will provide for continuous clean up during the event. If Contractor agrees to clean up, Contractor shall provide personnel to empty trash receptacles into the large trash bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit is required at least 60 days prior to the event date. Contractor shall clean facility immediately following the end of the event. Cleaning Deposit shall be forfeited in whole or part, if upon inspection by a Parks, Recreation and Community Department representative, the facility has not been properly cleaned. If applicant agrees for the City to clean up, a $500 fee will be paid upon application of the use penult. Section 5. Cancellation. In the event of a cancellation by Contractor at least ninety (90) days in advance of the scheduled event, facility use shall revert to the City. In the event of a cancellation in less than ninety(90) days by Contractor, the $3,000 deposit will be retained as liquidating damages. If the event is cancelled due to inclement weather or field conditions as determined by City with Contractor consultation, Contractor shall be given a priority to reschedule event on another date with available (i.e. unscheduled) facility(ies) or deposit shall be refunded in full. Section 6. Scope of Services — Contractor and City. During the tern of this Agreement, Contractor shall provide the following activities described in Attachment A. Page 3 of 9 Section 7. Insurance. Contractor shall procure and maintain in force during the term of this permit and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of $1,000,000. City shall be named as additional insured in the policy and shall be provided a copy. The Contractor's insurance will be primary to any coverage the City may have in effect. Such insurance policies shall provide coverage for the City's contingent liability on such claims of losses resulting from activities of the permit. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services Department. Failure to provide insurance as stated herein will be cause for immediate termination of this permit. Contractor shall provide to the City evidence of public liability insurance for those vendors acquired by Contractor as determined by the City in the amount of $1,000,000 with the City of San Bernardino named as additional insured. When alcoholic beverages are involved, liquor liability endorsement of one million dollars ($1,000,000) must also be included in the insurance. In the event of an emergency response by City forces caused by malfeasance and/or neglect by Contractor and/or its participants, Contractor shall be sufficiently insured and require its participants to be sufficiently insured and certified by their respective state associations. Section 8. Use of Amplified Sound or Public Address System. "Amplified sound" means speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance, or intensity of speech or music and are powered by electricity, battery or combustible fuel. It is unlawful to cause the amplification of sound exceeding twenty-five watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under provisions of City Municipal Code Chapter 12.80.130 and subject to the following conditions: a The location of any bandstand and the position of each loudspeaker shall be as specified by the Director of Parks, Recreation and Community Services Department so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods. b Amplified sound shall not exceed ninety-five decibels at a point fifty feet in front of the center point of the distance between loudspeaker installations. Section 9. First Aid. Contractor agrees to provide Emergency Medical Treatment (EMT)/Ambulance Service and/or First Aid Station on site for the duration of the event. The applicant prior to the event date shall provide a duty schedule. Page 4 of 9 Section 10. Contractual Agreements. At least two weeks prior to event, Contractor shall furnish to the Parks, Recreation and Community Services Department a copy of signed contracts between Contractor and any vendors or other providers of services for the event. Section 11. Hold Harmless. All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by Contractor in the performance of this Agreement shall be deemed officers, agents and employees and subcontractors of the Contractor and City shall not be liable or responsible for anything whatsoever other than the liability to the Contractor as set forth in this Agreement. Contractor agrees to reimburse the City or injured party for any damage of any nature whether bodily, property or otherwise caused by itself, its employees, agents or subcontractors in respect to the operation of this Agreement or the use of any equipment or officer of the Contractor for any damages occasioi. ,d thereto by the malfeasance of said Contractor, its employees, agents, subcontractors or employees thereof in respect to the operation of this Agreement or the use of any vehicle, equipment or machinery in performing this Agreement, and said Contractor further agrees to hold harmless and defend in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the foregoing by reason of said malfeasance or nonfeasance. The Contractor shall not be responsible to defend or hold harmless in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the City as a result of CITY'S actions, malfeasance or nonfeasance. Section 12. Compliance Nvith All Laws. Contractor shall obtain all proper licenses and certificates required for the proper operation of the facilities and shall abide by all federal, state, county and local laws associated with the provision of said services. Section 13. Standards of Operations. Contractor shall meet and conform to the following to meet minimum standards of operations. Contractor agrees to assist in the operation of said facility as agreed upon by the City. Section 14. Independent Contractor Status. Contractor is contracted hereunder to render a professional service with the scope of its training and experience and only bears a legal relationship of independent contractor to the City with respect to the services to be performed. As such, the City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Contractor to perform the services hereunder. Contractor shall provide for normal costs of Worker's Compensation Insurance as applicable. Section 15. Termination. With the exception of any other provision of this Agreement to the contrary, this agreement may be terminated by either party with cause, or any other time deemed mutually acceptable by both parties. In the event that either party is determined to be in substantial default with the terms and conditions of this contract, the other part will provide written notice explaining its position in detail. The party determined to be in default shall be provided 30 days to come into substantial Page 5 of 9 compliance or terminate the contract; unless both parties mutually agree in writing to other terms and conditions. Contractor agrees to remove all equipment within five (5) days of the termination of this Agreement. Section 16. AssIL-nment. Contractor shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of City. Section 17. Miscellaneous. Contractor shall maintain a record keeping system satisfactory to the City being permitted access to any applicable records needed to resolve any disputes, other than the Contractor's financial records. Contractor shall maintain all records for the minimum period of five (5) years. Section 18. Attorney's Fees. If any action in law or equity is brought forth to enforce the terms of this Agreement the prevailing party shall be entitled to an award of reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as 'attorney's fees' for purposes of this section. Section 19. Amendments. This Agreement may be amended by mutual consent of both parties in writing by form of memorandum signed by both parties. Section 20. Notice. Any written notice to the parties hereto shall be delivered in person or sent by registered mail, postage prepaid, to the following address: CONTRACTOR: MATT McDONAGH P.O. Box 31 Upland, CA 91785 (909) 985 5555 CITY: LEMUEL P. RANDOLPH 547 North Sierra Way San Bernardino, CA 92410-4816 (909) 384 5030 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate at San Bernardino, California as of the day and year first above written. The terms and conditions of this Agreement are hereby agreed to this day of , 2005. Nothing in this paragraph shall prevent the giving of notice by personal service. Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and vear set forth at the beginning of this Agreement. ATTEST: CITY OF SAN BERNARDINO By By Rachel Clark, City Clerk COAST SOCCER LEAGUE By Title Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: Page 7 of 9 ATTACHMENT A SCOPE OF SERVICES 1. Scope of Services— Contractor a. Conduct the Event at the San Bernardino Soccer Complex for a minimum of six (6) weekends or their equivalent each year for five years, including but not limited to: Celtic Cup Youngers in the month of January and Celtic Cup Olders in the month of March. Contractor guarantees a minimum of one thousand, one hundred (1,100) matches per year at San Bernardino Soccer Complex. b. Contractor shall have exclusive use of the San Bernardino Complex during designated tournament play, and no other sports organization, sports team or high school team will have the authority to use the fields for any purpose whatsoever without the express prior written consent of both parties. Contractor will reserve the right to cancel Agreement should any violation occur. c. Contractor, during its exclusive use, shall be allowed to: 1) Drive golf carts, provided they are driven safely along designated routes as determined by City. 2) Drive automobiles or other vehicles on designated pathways to prepare for Contractor events, provided these vehicles are properly escorted to avoid damage to irrigation system and other structures 3) Store overnight equipment owned by Contractor and/or its sponsors for tournament use, provided that they are properly secured in City designated storage areas. 4) Without charge, the use of twelve (12) designated parking spaces near the office at the south end of the San Bernardino Soccer Complex. 5) Erect and maintain twelve (12) E-Z Up portable shelters at the San Bernardino Soccer complex 6) Display up to two hundred (200) flags and two hundred (200) banners at the San Bernardino Soccer Complex. 7) Exhibit and sell Celtic Soccer League and Celtic Cup apparel, trinkets and memorabilia 8) Exclusive. use of the Atrium located in the northern section of the San Bernardino Soccer Complex 9) Contractor shall have the right to alter the San Bernardino Soccer Complex field configuration at its discretion in order to accommodate the needs of the division six players (U8, U9 and U10). Contractor shall notify the appropriate City personnel no later than one (1) week prior to the event date. 10)Contractor shall have the right to prepare the Complex per past practices at least three days prior to each weekend event. d. Contractor shall provide at Contractor's expense and locate at least twelve (12) hours prior to and during each Contractor tournament four (4) extra portable sanitary units adjacent to the northern lavatory for the exclusive use by females Page 8 of 9 i with a sign placed designating said units for exclusive use by females. Empty and clean the portable sanitary units Saturday after 4:00 p.m. by contract supplier, the cost of which shall be paid by Contractor. e. Contractor shall provide for one-half the cost of paid professional security on and off campus during tournament days and overnight. f. Contractor shall have the opportunity to advise the City on the selection of any and all food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all vendors shall be required to pay City a percentage of gross sales as determined by City. 2. Scope of Services—City. a. City shall maintain San Bernardino Soccer Complex seventeen-field configuration respectively without alteration, unless otherwise agreed upon in writing. b. City grants Contractor, curing its exclusive use of the San Bernardino Complex, the authority to designate commercial sponsors approved in writing by City for the sole purpose of offering non-food items for sale, set up displays, advertise and generally promote sales and other events at both complexes, including but not limited to the promotion by automobiles dealers of their automobiles. City reserves the right to approve specific sponsors, locations, design and other related activity and shall not withhold approval of any reasonable request. c. City shall require any and all vendors to pay City a percentage of gross sales as i determined by City and be selected after prior consultation with Contractor. This fee charge shall not apply to any vendors acquired by Contractor. Contractor shall not require payment of any fees by selected vendors without prior written approval by City. d. City shall provide and maintain in place at the San Bernardino Soccer Complex: 1) Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. These goal posts are specifically identified as seventeen (17) sets of eight foot by twenty-four foot (8' x 24') goals posts and Contractor-owned fourteen (14) sets of seven foot by twenty-one foot (7' x 21') goal posts for use by the Under-ten (U 10) and younger age groups. Soccer goal posts, nets and corner flags immediately prior to and ZD during each Contractor tournament. 2) At least twelve (12) hours prior to the commencement of each Contractor tournament at both complexes, the City will cause each field to be properly and fully lined with paint. Paint shall include a spectator restraint line to be placed on both sides of each field parallel to and one yard away from the touchline from a point commencing from the halfway line extending twenty-five (25) yards in each direction and painted with blue color paint. 3) Clean lavatories, including the assignment of a full-time attendant for all lavatories. Page 9 of 9 ORIGIML AGREEMENT SAN BERNARDINO SOCCER COMPLEX By and Between CELTIC SOCCER CLUB "CONTRACTOR" And CITY OF SAN BERNARDINO "CITY" THIS AGREEMENT is entered into this 20th day of December, 2005 by and between the CELTIC SOCCER CLUB (hereinafter referred to as "Contractor"), a 501 c 3 private non-profit corporation, and the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "City"). WHEREAS, Contractor has determined that it is in its best interest to enter into an agreement for use of the San Bernardino Soccer Complex; and is experienced in promoting and managing soccer tournaments and other related events; and, WHEREAS, City recognizes the special economic impact generated by the Celtic Cup (hereinafter referred to as "Event") and is interested in continuing its collaboration with Contractor at the San Bernardino Soccer Complex; NOW THEREFORE in consideration of the mutual covenants, benefits and premises hereinabove stated, the parties hereto agree as follows: Section 1. Terms of Agreement. This Agreement shall commence on the 20th day of December 2005, and ending on the 19`h day of December 2010, unless sooner terminated as hereinafter provided. This Agreement may be extended for an additional five (5) years by mutual consent of both parties. Section 2. Payment. Within thirty (30) days of completion of the event unless otherwise mutually agreed upon in writing, Contractor shall be responsible for payment of all fees, bonds and deposits identified herein. Section 3. Waiver of fees. In consideration of the special economic impact generated by the Celtic Cup the City shall waive field use fees identified below. City shall retain the right to raise the parking fees to offset the cost of operations of the soccer complex at its sole discretion. The calculation of City fees shall be made in accordance with the following fee schedule: 2 day tournament on 17 fields - S3,500* 3 day tournament on 17 fields - S5,250* Clean up fee: 1) 1 —4 fields S 125 2) 5 — 8 fields S 250 3) 9- 12 fields S 375 4) 13 — 7 fields S500 Section 4. Refundable Deposits. Contractor shall submit a refundable deposit of three thousand dollars (53,000) by no later than December I" of the preceding year. Refundable Damage Bond and Clean-up Deposit shall apply to the Celtic Cup six- weekends as a single event. Page 2 of 9 Contractor shall provide a damage bond at least two weeks prior to the event date based on number of people at the Complex for the scheduled event, in an amount sufficient to cover potential damages to City property and equipment which may occur and to recover other costs which may accrue as a result of the scheduled activities. Minimum bonds and deposits are as follows: Number of People Damage Bond Clean-up Deposit Fewer than 50 $ 300 S 75 50— 100 $ 500 S 150 101 - 200 S 750 S 300 201 — 500 $1,000 $ 750 501 — 1,000 52,000 $1,500 j 1,000 + $5,000 $3,000 Refundable deposits held pursuant to this resolution may be refunded in full or in part within fourteen (14) days after completion of the use period. No refund shall be made until the using party or group has secured a signed inspection and release form from the appropriate facility manager, and delivered this executed release form to the Parks, Recreation and Community Services Department. Deductions for any damage to the facility or for clean up and repairs shall be made from the said deposit by City. Contractor will provide for continuous clean up during the event. If Contractor agrees to clean up, Contractor shall provide personnel to empty trash receptacles into the large trash bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit is required at least 60 days prior to the event date. Contractor shall clean facility immediately following the end of the event. Cleaning Deposit shall be forfeited in whole or part, if upon inspection by a Parks, Recreation and Community Department representative, the facility has not been properly cleaned. If applicant agrees for the City to clean up, a $500 fee will be paid upon application of the use permit. Section 5. Cancellation. In the event of a cancellation by Contractor at least ninety (90) days in advance of the scheduled event, facility use shall revert to the City. In the event of a cancellation in less than ninety (90) days by Contractor, the $3,000 deposit will be retained as liquidating damages. If the event is cancelled due to inclement weather or field conditions as determined by City with Contractor consultation, Contractor shall be given a priority to reschedule event on another date with available (Le. unscheduled) facility(ies) or deposit shall be refunded in frill. Section 6. Scope of Services — Contractor and City. During the term of this Agreement, Contractor shall provide the following activities described in Attachment A. i Page 3 of 9 Section 7. Insurance. Contractor shall procure and maintain in force during the term of this permit and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of $1,000,000. City shall be named as additional insured in the policy and shall be provided a copy. The Contractor's insurance will be primary to any coverage the City may have in effect. Such insurance policies shall provide coverage for the City's contingent liability on such claims of losses resulting from activities of the permit. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services Department. Failure to provide insurance as stated herein will be cause for immediate termination of this permit. Contractor shall provide to the City evidence of public liability insurance for those vendors acquired by Contractor as determined by the City in the amount of $1,000,000 with the City of San Bernardino named as additional insured. When alcoholic beverages are involved, liquor liability endorsement of one million dollars ($1,000,000) must also be included in the insurance. In the event of an emergency response by City forces caused by malfeasance and/or neglect by Contractor and/or its participants, Contractor shall be sufficiently insured and require its participants to be sufficiently insured and certified by their respective state associations. Section S. Use of Amplified Sound or Public Address System. "Amplified sound" means speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance, or intensity of speech or music and are powered by electricity, battery or combustible fuel. It is unlawful to cause the amplification of sound exceeding twenty-five watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under provisions of City Municipal Code Chapter 12.80.130 and subject to the following conditions: a The location of any bandstand and the position of each loudspeaker shall be as specified by the Director of Parks, Recreation and Community Services Department so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods. b Amplified sound shall not exceed ninety-five decibels at a point fifty feet in front of the center point of the distance between loudspeaker installations. Section 9. First Aid. Contractor agrees to provide Emergency Medical Treatment (EMT)/Ambulance Service and/or First Aid Station on site for the duration of the event. The applicant prior to the event date shall provide a duty schedule. Page 4of9 f ' y Section 10. Contractual Agreements. At least two weeks prior to event, Contractor shall furnish to the Parks, Recreation and Community Services Department a copy of signed contracts between Contractor and any vendors or other providers of services for the event. Section 11. Hold Harmless. All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by Contractor in the performance of this Agreement shall be deemed officers, agents and employees and subcontractors of the Contractor and City shall not be liable or responsible for anything whatsoever other than the liability to the Contractor as set forth in this Agreement. Contractor agrees to reimburse the City or injured party for any damage of any nature whether bodily, property or otherwise caused by itself, its employees, agents or subcontractors in respect to the operation of this Agreement or the use of any equipment or officer of the Contractor for .ny damages occasioned thereto by the malfeasance of said Contractor, its employees, agents, subcontractors or employees thereof in respect to the operation of this Agreement or the use of any vehicle, equipment or machinery in performing this Agreement, and said Contractor further agrees to hold harmless and defend in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the foregoing by reason of said malfeasance or nonfeasance. The Contractor shall not be responsible to defend or hold harmless in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the City as a result of CITY'S actions, malfeasance or nonfeasance. Section 12. Compliance with All Laws. Contractor shall obtain all proper licenses and certificates required for the proper operation of the facilities and shall abide by all federal, state, county and local laws associated with the provision of said services. Section 13. Standards of Operations. Contractor shall meet and conform to the following to meet minimum standards of operations. Contractor agrees to assist in the operation of said facility as agreed upon by the City. Section 14. Independent Contractor Status. Contractor is contracted hereunder to render a professional service with the scope of its training and experience and only bears a legal relationship of independent contractor to the City with respect to the services to be performed. As such, the City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Contractor to perform the services hereunder. Contractor shall provide for normal costs of Worker's Compensation Insurance as applicable. Section 15. Termination. With the exception of any other provision of this Agreement to the contrary, this agreement may be terminated by either party with cause, or any other time deemed mutually acceptable by both parties. In the event that either party is determined to be in substantial default with the terms and conditions of this contract, the other part will provide written notice explaining its position in detail. The party determined to be in default shall be provided 30 days to come into substantial Page 5 of 9 compliance or terminate the contract; unless both parties mutually agree I writing to other terms and conditions. Contractor agrees to remove all equipment within five (5) days of the termination of this Agreement. Section 16. Assignment. Contractor shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of City. Section 17. Miscellaneous. Contractor shall maintain a record keeping system satisfactory to the City being permitted access to any applicable records needed to resolve any disputes, other than the Contractor's financial records. Contractor shall maintain all records for the minimum period of five (5) years. Section 18. Attorney's Fees. If any action in law or equity is brought forth to enforce the terms of this Agreement the prevailing party shall be entitled to an award of reasonable attorney's fees. The costs, salary and expe_.ses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as `attorney's fees' for purposes of this section. Section 19. Amendments. This Agreement may be amended by mutual consent of both parties in writing by form of memorandum signed by both parties. Section 20. Notice. Any written notice to the parties hereto shall be delivered in person or sent by registered mail, postage prepaid, to the following address: CONTRACTOR: MATT McDONAGH P.O. Box 31 Upland, CA 91785 (909) 985 5555 CITY: LEMUEL P. RANDOLPH 547 North Sierra Way San Bernardino, CA 92410-4816 (909) 384 5030 IN WITNESS ANHEREOF, the parties hereto have executed this Agreement in triplicate at San Bernardino, California as of the day and year first above written. The terms and conditions of this Agreement are hereby agreed to this day of , 2005. Nothing in this paragraph shall prevent the giving of notice by personal service. Page 6 of 9 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth at the beginning of this Agreement. ATTEST: CITY OF SAN BERNARDINO By By Rachel Clark, City Clerk COAST SOCCER LEAGUE By Title Approved as to Form and legal content: JAMES F. PENMAN, City Attorney Page 7 of 9 ATTACHMENT A SCOPE OF SERVICES 1. Scope of Services— Contractor a. Conduct the Event at the San Bernardino Soccer Complex for a minimum of six (6) weekends or their equivalent each year for five years, including but not limited to: Celtic Cup Youngers in the month of January and Celtic Cup Olders in the month of March. Contractor guarantees a minimum of one thousand, one hundred (1,100) matches per year at San Bernardino Soccer Complex. b. Contractor shall have exclusive use of the San Bernardino Complex during designated tournament play, and no other sports organization, sports team or high school team will have the authority to use the fields for any purpose whatsoever without the express prior written consent of both parties. Contractor will reserve the right to cancel Agreement should any violation occur. c. Contractor, during its exclusive use, shall be allowed to: 1) Drive golf carts, provided they are driven safely along designated routes as determined by City. 2) Drive automobiles or other vehicles on designated pathways to prepare for Contractor events, provided these vehicles are properly escorted to avoid damage to irrigation system and other structures 3) Store overnight equipment owned by Contractor and/or its sponsors for tournament use, provided that they are properly secured in City designated storage areas. 4) Without charge, the use of twelve (12) designated parking spaces near the office at the south end of the San Bernardino Soccer Complex. 5) Erect and maintain twelve (12) E-Z Up portable shelters at the San Bernar'ino Soccer complex 6) Display up to two hundred (200) flags and two hundred (200) banners at the San Bernardino Soccer Complex. 7) Exhibit and sell Celtic Soccer League and Celtic Cup apparel, trinkets and memorabilia 8) Exclusive use of the Atrium located in the northern section of the San Bernardino Soccer Complex 9) Contractor shall have the right to alter the San Bernardino Soccer Complex field configuration at its discretion in order to accommodate the needs of the division six players (U8, U9 and U10). Contractor shall notify the appropriate City personnel no later than one (1) week prior to the event date. 10)Contractor shall have the right to prepare the Complex per past practices at least three days prior to each weekend event. d. Contractor shall provide at Contractor's expense and locate at least twelve (12) hours prior to and during each Contractor tournament four (4) extra portable sanitary units adjacent to the northern lavatory for the exclusive use by females Page 8 of 9 with a sign placed designating said units for exclusive use by females. Empty and clean the portable sanitary units Saturday after 4:00 p.m. by contract supplier, the cost of which shall be paid by Contractor. e. Contractor shall provide for one-half the cost of paid professional security on and off campus during tournament days and overnight. f. Contractor shall have the opportunity to advise the City on the selection of any and all food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all vendors shall be required to pay City a percentage of gross sales as determined by City. 2. Scope of Services — City. a. City shall maintain San Bernardino Soccer Complex seventeen-field configuration respectively without alteration, unless otherwise agreed upon in writing. b. City grants Contractor, during its exclusive use of the San Bernardino Complex, the authority to designate commercial sponsors approved in writing by City for the sole purpose of offering non-food items for sale, set up displays, advertise and generally promote sales and other events at both complexes, including but not limited to the promotion by automobiles dealers of their automobiles. City reserves the right to approve specific sponsors, locations, design and other related activity and shall not withhold approval of any reasonable request. c. City shall require any and all vendors to pay City a percentage of gross sales as determined by City and be selected after prior consultation with Contractor. This fee charge shall not apply to any vendors acquired by Contractor. Contractor shall not require payment of any fees by selected vendors without prior written approval by City. d. City shall provide and maintain in place at the San Bernardino Soccer Complex: 1) Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. These goal posts are specifically identified as seventeen (17) sets of eight foot by twenty-four foot (8' x 24') goals posts and Contractor-owned fourteen (14) sets of seven foot by twenty-one foot (7' x 21') goal posts for use by the Under-ten (U 10) and younger age groups. Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. 2) At least twelve (12) hours prior to the commencement of each Contractor tournament at both complexes, the City Nvill cause each field to be properly and fully lined with paint. Paint shall include a spectator restraint line to be placed on both sides of each field parallel to and one yard away from the touchline from a point commencing from the halfway line extending twenty-five (25) yards in each direction and painted with blue color paint. 3) Clean lavatories, including the assignment of a full-time attendant for all lavatories. f' Page 9 of 9 1 I Exhibit"A" AGREEMENT SAN BERNARDINO SOCCER COMPLEX By and Between CELTIC SOCCER CLUB "CONTRACTOR" And CITY OF SAN BERNARDINO "CITY" THIS AGREEMENT is entered into this 20th day of December, 2005 by and between the CELTIC SOCCER CLUB (hereinafter referred to as "Contractor"), a 501 c 3 private non-profit corporation, and the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "City"). WHEREAS, Contractor has determined that it is in its best interest to enter into an agreement for use of the San Bernardino Soccer Complex; and is experienced in promoting and managing soccer tournaments and other related events; and, WHEREAS, City recognizes the special economic impact generated by the Celtic Cup (hereinafter referred to as "Event") and is interested in continuing its collaboration with Contractor at the San Bernardino Soccer Complex; NOW THEREFORE in consideration of the mutual covenants, benefits and premises hereinabove stated, the parties hereto agree as follows: Section 1. Terms of Agreement. This Agreement shall commence on the 20th day of December 2005, and ending on the 19th day of December 2010, unless sooner terminated as hereinafter provided. This Agreement may be extended for an additional five (5) years by mutual consent of both parties. Section 2. Payment. Within thirty(30) days of completion of the event unless otherwise mutually agreed upon in writing, Contractor shall be responsible for payment of all fees, bonds and deposits identified herein. Section 3. Waiver of fees. In consideration of the special economic impact generated by the Celtic Cup the City shall waive field use fees identified below. City shall retain the right to raise the parking fees to offset the cost of operations of the soccer complex at its sole discretion. The calculation of City fees shall be made in accordance with the following fee schedule: 2 day tournament on 17 fields - $3,500* 3 day tournament on 17 fields - $5,250* Clean up fee: 1) 1 —4 fields $ 125 2) 5 -8 fields $ 250 3) 9- 12 fields $ 375 4) 13 - 17 fields $ 500 Section 4. Refundable Deposits. Contractor shall submit a refundable deposit of three thousand dollars ($3,000) by no later than December 1St of the preceding year. Refundable Damage Bond and Clean-up Deposit shall apply to the Celtic Cup six- weekends as a single event. Page 2 of 9 Contractor shall provide a damage bond at least two weeks prior to the event date based on number of people at the Complex for the scheduled event, in an amount sufficient to cover potential damages to City property and equipment which may occur and to recover other costs which may accrue as a result of the scheduled activities. Minimum bonds and deposits are as follows: Number of People Damage Bond Clean-up Deposit Fewer than 50 $ 300 $ 75 50- 100 $ 500 $ 150 101 -200 $ 750 $ 300 201 - 500 $1,000 $ 750 501 - 1,000 $2,000 $1,500 1,000 + $5,000 $3,000 Refundable deposits held pursuant to this resolution may be refunded in full or in part within fourteen (14) days after completion of the use period. No refund shall be made until the using party or group has secured a signed inspection and release form from the appropriate facility manager, and delivered this executed release form to the Parks, Recreation and Community Services Department. Deductions for any damage to the facility or for clean up and repairs shall be made from the said deposit by City. Contractor will provide for continuous clean up during the event. If Contractor agrees to clean up, Contractor shall provide personnel to empty trash receptacles into the large trash bins prior to scheduled pick-up time by the Refuse Division. A facility Cleaning Deposit is required at least 60 days prior to the event date. Contractor shall clean facility immediately following the end of the event. Cleaning Deposit shall be forfeited in whole or part, if upon inspection by a Parks, Recreation and Community Department representative, the facility has not been properly cleaned. If applicant agrees for the City to clean up, a $500 fee will be paid upon application of the use permit. Section 5. Cancellation. In the event of a cancellation by Contractor at least ninety(90) days in advance of the scheduled event, facility use shall revert to the City. In the event of a cancellation in less than ninety (90) days by Contractor, the $3,000 deposit will be retained as liquidating damages. If the event is cancelled due to inclement weather or field conditions as determined by City with Contractor consultation, Contractor shall be given a priority to reschedule event on another date with available (i.e. unscheduled) facility(ies) or deposit shall be refunded in full. Section 6. Scope of Services — Contractor and City. During the term of this Agreement, Contractor shall provide the following activities described in Attachment A. Page 3 of 9 Section 7. Insurance. Contractor shall procure and maintain in force during the term of this permit and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of $1,000,000. City shall be named as additional insured in the policy and shall be provided a copy. The Contractor's insurance will be primary to any coverage the City may have in effect. Such insurance policies shall provide coverage for the City's contingent liability on such claims of losses resulting from activities of the permit. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services Department. Failure to provide insurance as stated herein will be cause for immediate termination of this permit. Contractor shall provide to the City evidence of public liability insurance for those vendors acquired by Contractor as determined by the City in the amount of $1,000,000 with the City of San Bernardino named as additional insured. When alcoholic beverages are involved, liquor liability endorsement of one million dollars ($1,000,000) must also be included in the insurance. In the event of an emergency response by City forces caused by malfeasance and/or neglect by Contractor and/or its participants, Contractor shall be sufficiently insured and require its participants to be sufficiently insured and certified by their respective state associations. Section 8. Use of Amplified Sound or Public Address System. "Amplified sound" means speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance, or intensity of speech or music and are powered by electricity, battery or combustible fuel. It is unlawful to cause the amplification of sound exceeding twenty-five watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under provisions of City Municipal Code Chapter 12.80.130 and subject to the following conditions: a The location of any bandstand and the position of each loudspeaker shall be as specified by the Director of Parks, Recreation and Community Services Department so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods. b Amplified sound shall not exceed ninety-five decibels at a point fifty feet in front of the center point of the distance between loudspeaker installations. Section 9. First Aid. Contractor agrees to provide Emergency Medical Treatment (EMT)/Ambulance Service and/or First Aid Station on site for the duration of the event. The applicant prior to the event date shall provide a duty schedule. Page 4of9 Section 10. Contractual Agreements. At least two weeks prior to event, Contractor shall furnish to the Parks, Recreation and Community Services Department a copy of signed contracts between Contractor and any vendors or other providers of services for the event. Section 11. Hold Harmless. All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by Contractor in the performance of this Agreement shall be deemed officers, agents and employees and subcontractors of the Contractor and City shall not be liable or responsible for anything whatsoever other than the liability to the Contractor as set forth in this Agreement. Contractor agrees to reimburse the City or injured party for any damage of any nature whether bodily, property or otherwise caused by itself, its employees, agents or subcontractors in respect to the operation of this Agreement or the use of any equipment or officer of the Contractor for any damages occasioned thereto by the malfeasance of said Contractor, its employees, agents, subcontractors or employees thereof in respect to the operation of this Agreement or the use of any vehicle, equipment or machinery in performing this Agreement, and said Contractor further agrees to hold harmless and defend in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the foregoing by reason of said malfeasance or nonfeasance. The Contractor shall not be responsible to defend or hold harmless in all proceedings and courts of law said City in respect to any claim or legal proceeding or judgment made, filed or represented against the City as a result of CITY'S actions, malfeasance or nonfeasance. Section 12. Compliance with All Laws. Contractor shall obtain all proper licenses and certificates required for the proper operation of the facilities and shall abide by all federal, state, county and local laws associated with the provision of said services. Section 13. Standards of Operations. Contractor shall meet and conform to the following to meet minimum standards of operations. Contractor agrees to assist in the operation of said facility as agreed upon by the City. Section 14. Independent Contractor Status. Contractor is contracted hereunder to render a professional service with the scope of its training and experience and only bears a legal relationship of independent contractor to the City with respect to the services to be performed. As such, the City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Contractor to perform the services hereunder. Contractor shall provide for normal costs of Worker's Compensation Insurance as applicable. Section 15. Termination. With the exception of any other provision of this Agreement to the contrary, this agreement may be terminated by either party with cause, or any other time deemed mutually acceptable by both parties. In the event that either party is determined to be in substantial default with the terms and conditions of this contract, the other part will provide written notice explaining its position in detail. The party determined to be in default shall be provided 30 days to come into substantial Page 5 of 9 compliance or terminate the contract; unless both parties mutually agree in writing to other terms and conditions. Contractor agrees to remove all equipment within five (5) days of the termination of this Agreement. Section 16. Assignment. Contractor shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of City. Section 17. Miscellaneous. Contractor shall maintain a record keeping system satisfactory to the City being permitted access to any applicable records needed to resolve any disputes, other than the Contractor's financial records. Contractor shall maintain all records for the minimum period of five (5) years. Section 18. Attorney's Fees. If any action in law or equity is brought forth to enforce the terms of this Agreement the prevailing party shall be entitled to an award of reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as `attorney's fees' for purposes of this section. Section 19. Amendments. This Agreement may be amended by mutual consent of both parties in writing by form of memorandum signed by both parties. Section 20. Notice. Any written notice to the parties hereto shall be delivered in person or sent by registered mail,postage prepaid, to the following address: CONTRACTOR: MATT McDONAGH P.O. Box 31 Upland, CA 91785 (909) 985 5555 CITY: LEMUEL P. RANDOLPH 547 North Sierra Way San Bernardino, CA 92410-4816 (909) 384 5030 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate at San Bernardino, California as of the day and year first above written. The terms and conditions of this Agreement are hereby agreed to this day of 32005. Nothing in this paragraph shall prevent the giving of notice by personal service. Page 6 of 9 t IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth at the beginning of this Agreement. ATTEST: CITY OF SAN BERNARDINO By By Rachel Clark, City Clerk COAST SOCCER LEAGUE By Title Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: Page 7 of 9 ATTACHMENT A SCOPE OF SERVICES 1. Scope of Services—Contractor a. Conduct the Event at the San Bernardino Soccer Complex for a minimum of six (6) weekends or their equivalent each year for five years, including but not limited to: Celtic Cup Youngers in the month of January and Celtic Cup Olders in the month of March. Contractor guarantees a minimum of one thousand, one hundred (1,100)matches per year at San Bernardino Soccer Complex. b. Contractor shall have exclusive use of the San Bernardino Complex during designated tournament play, and no other sports organization, sports team or high school team will have the authority to use the fields for any purpose whatsoever without the express prior written consent of both parties. Contractor will reserve the right to cancel Agreement should any violation occur. c. Contractor, during its exclusive use, shall be allowed to: 1) Drive golf carts, provided they are driven safely along designated routes as determined by City. 2) Drive automobiles or other vehicles on designated pathways to prepare for Contractor events, provided these vehicles are properly escorted to avoid damage to irrigation system and other structures 3) Store overnight equipment owned by Contractor and/or its sponsors for tournament use, provided that they are properly secured in City designated storage areas. 4) Without charge, the use of twelve (12) designated parking spaces near the office at the south end of the San Bernardino Soccer Complex. 5) Erect and maintain twelve (12) E-Z Up portable shelters at the San Bernardino Soccer complex 6) Display up to two hundred (200) flags and two hundred (200) banners at the San Bernardino Soccer Complex. 7) Exhibit and sell Celtic Soccer League and Celtic Cup apparel, trinkets and memorabilia 8) Exclusive use of the Atrium located in the northern section of the San Bernardino Soccer Complex 9) Contractor shall have the right to alter the San Bernardino Soccer Complex field configuration at its discretion in order to accommodate the needs of the division six players (U8, U9 and U10). Contractor shall notify the appropriate City personnel no later than one (1) week prior to the event date. 10)Contractor shall have the right to prepare the Complex per past practices at least three days prior to each weekend event. d. Contractor shall provide at Contractor's expense and locate at least twelve (12) hours prior to and during each Contractor tournament four (4) extra portable sanitary units adjacent to the northern lavatory for the exclusive use by females Page 8 of 9 with a sign placed designating said units for exclusive use by females. Empty and clean the portable sanitary units Saturday after 4:00 p.m. by contract supplier, the cost of which shall be paid by Contractor. e. Contractor shall provide for one-half the cost of paid professional security on and off campus during tournament days and overnight. f. Contractor shall have the opportunity to advise the City on the selection of any and all food concessionaires and/or food vendors, non-food vendors, subcontractors. Any and all vendors shall be required to pay City a percentage of gross sales as determined by City. 2. Scope of Services—City. a. City shall maintain San Bernardino Soccer Complex seventeen-field configuration respectively without alteration, unless otherwise agreed upon in writing. b. City grants Contractor, during its exclusive use of the San Bernardino Complex, the authority to designate commercial sponsors approved in writing by City for the sole purpose of offering non-food items for sale, set up displays, advertise and generally promote sales and other events at both complexes, including but not limited to the promotion by automobiles dealers of their automobiles. City reserves the right to approve specific sponsors, locations, design and other related activity and shall not withhold approval of any reasonable request. c. City shall require any and all vendors to pay City a percentage of gross sales as determined by City and be selected after prior consultation with Contractor. This fee charge shall not apply to any vendors acquired by Contractor. Contractor shall not require payment of any fees by selected vendors without prior written approval by City. d. City shall provide and maintain in place at the San Bernardino Soccer Complex: 1) Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. These goal posts are specifically identified as seventeen (17) sets of eight foot by twenty-four foot (8' x 24') goals posts and Contractor-owned fourteen(14) sets of seven foot by twenty-one foot (7' x 21') goal posts for use by the Under-ten (U 10) and younger age groups. Soccer goal posts, nets and corner flags immediately prior to and during each Contractor tournament. 2) At least twelve (12) hours prior to the commencement of each Contractor tournament at both complexes, the City will cause each field to be properly and fully lined with paint. Paint shall include a spectator restraint line to be placed on both sides of each field parallel to and one yard away from the touchline from a point commencing from the halfway line extending twenty-five (25) yards in each direction and painted with blue color paint. 3) Clean lavatories, including the assignment of a full-time attendant for all lavatories. Page 9 of 9