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HomeMy WebLinkAbout20-Parks & Recreation ~I ,~- e__'_, .''''''''' -- , _ -~T~~ ""N ' -, r-"~T -~--.----_. ~-",-~~".,..~ . . . t ORIGINAL QTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Dept: Parks, Recreation & Community Services Dept. Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE UNIVERSITY'S USE OF FTSCALTNI FIELD. Date: March 2, 2005 MICC MeetIng Date: March 21, 2005 SynopsIs of Previous Council Action: August 20, 2001 - Resolution No. 2001-263 authorized an agreement between the City of San Bernardino and California State University, San Bernardino providing for the cooperative uses of the University's outdoor athletic facilities and the City's Fiscalini Field, and terminating the previous agreement under Resolution 97-26. Recommended Motion: Adopt Resolution. ~ , Signature Contact person: Mitch Assumma Phone: 5132 Supporting data attached: yes Ward: 2 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No,) (Acct Description) Finance: Council Notes: f11<J. a./)().<:,b5 Agenda Item No. ~ J/I-,/OO ~__.,~.-!:L'!'::t~ ,__~_t~~,!;"="'_c,"1-",,", ~---~':"'"""~~~-"-."r"""'_""~2__'cc_,-~-_~''''7~~'i''''''-'-'0"""-_=---[';:"'-'" -- ,--~-~".-",~ "~.~ ,--- &' "'---~"""""""""",O'_--. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and California State University, San Bernardino providing for the University's use ofFiscalini Field. Backeround: In December 2004 Recreation Staff terminated the existing agreement with California State University, San Bernardino due to the need to develop a more equitable arrangement that would be of greater benefit to the community. The City and California State University, San Bernardino have worked cooperatively since 1983 to accommodate facility needs to meet the University's and the public's interest. The University has used Fiscalini Field as its home practice site for the men's baseball team for approximately 350 hours annually, January through May and October through Thanksgiving. Fiscalini Field has also served as the University's home play site for approximately two dozen games annually during the 1980's and 1990's, before moving their home games to the Arrowhead Credit Union Park in San Bernardino. In the past, the University has opened and operated the University's Pool for the community as an additional recreational swim site for the North End San Bernardino residents on behalf of the City in exchange for their use of Fiscalini. The City's preference is for joint use of facilities, but, at the present, the University's facilities are unavailable for City-operated youth and adult sports activities. Asa result, staff negotiated in-kind services in lieu of fees for the use of Fiscalini Field. In return for use of Fiscalini Field, the University will reciprocate with maintenance and repair of Fiscalini Field and Perris Hill Park. These services include various regular infield and turf renovation tasks, physical site improvements, and the loan of a mower and other equipment for on-site use. The University also agrees to provide Work Study students and their own team players as labor to supplement these park maintenance functions, as well as additional maintenance tasks throughout Perris Hill Park. The value of these in-kind services is estimated to be $12,750 annually. The Facility Use Agreement formalizes arrangements and conditions of use and provides for respective needs through December 31, 2006. Staff and players of California State University, San Bernardino have been responsible users of these facilities in the past and their knowledge of field maintenance and use as a resource in this regard would be a welcomed asset to Fiscalini Field and Perris Hill Park. Financial Impact: None Recommendation: Adopt Resolution R~r No, 2f) ~f _""","!"~,.~~~,t;-"';'~:':"--~~'[~i --;~'''''-<'''7~~~~~~B\(~~~I''''!''''c:o'!"~1;~~Ff~if'~'.-~'~'-'-'~;7",~oL~_~~~\t1<,~~~I':~'I1:~'~"r~i""'''''''- ,-"'-<,--",.~" '-"~-_~_-'--~'--------_-_~-~-_T"'~:'!<w.,~~~:~",:~~~ --~1-'-~~-r.".,'" o o o RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 III 20 III 21 I I I 22 III 23 III 24 III 25 26 II I 27 28 III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE UNIVERSITY'S USE OF FISCALINI FIELD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City an agreement with California State University, San Bernardino providing for the University's use of the City's Fiscalini Field, a copy of which is attached hereto marked Exhibit "An and incorporated herein by reference as fully as though set forth at length. SECTION 2. 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 City Clerk within one hundred twenty (120) days following the effective date of the Resolution. III III lflo. ZCJ ~/Z( /05' III m "I"" <-~~'-"-"~'jr;"'"r''''''' '''''_W~_'' ' o o o n ""C' ._.,_ """-',$_",',.""" 'u" '_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER.~ARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA ST ATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE UNIVERSITY'S USE OF FISCALINI FIELD. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005 by the following vote, to wit: COUNCIL MEMBERS ESTR-\DA AYES NAYS ABSTAIN ABSENT LONGVILLE MC GINNIS DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2005. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal content: James F. Penman City Attorney By: ~ +-p~ () , ....,." m:"",.:T" ""'~'''<<'''''"",e''''):3)'7''_~''~'~''T<'''''T~ ."" ""''''''''''m "q",,~-~::: '''''T ",,,, o o o '''"'--'''~~''''-~V'''"f''-"",''''m",- ". ORIGINAl CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO USE OF FACILITIES AGREEMENT This Agreement, by and between Califomia State University, San Bernardino ("UNIVERSITY") and the City of San Bernardino ("CITY"), provides for the UNIVERSITY's use of Fiscalini Field, owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: A. Actual schedules (practice, games, and practice/exhibition games) for use of facility shall be submitted in writing on a seasonal basis and established by mutual agreement. B. Fiscalini Field is subject to reservation by other users following CITY Application procedures. The UNIVERSITY agrees to cooperate with the CITY for requests for use of facilities that may overlap times and dates of the UNIVERSITY's pre- approved use as described herein. II. TERM: A. The term of this agreement shall be for TWO (2) years commencing on January 1, 2005 and ending on December 31, 2006; with the option of a one time (one year) renewal upon mutual consent of both parties. During 2005 and 2006. the UNIVERSITY is allowed to use Fiscalini Field from January 1 througtr May 1 and from October 1 through Thanksgiving Day (for fall practice). The Fiscalini Field facilities will be made available for use to the UNIVERSITY during these months on Mondays through Fridays from 12:00p.m. to 5:00p.m. CITY haS' exclusive usage annually from May 2 through September 30 and November 24 (Thanksgiving) through December 31. The UNIVERSITY agrees to be off the field by 5:00pm (7 days a week) during this agreement (Le. all times they are using Fiscalini Field). The CITY agrees. to set aside 8:00am to 3:00pm, the 2nd, 3rd, and 4th Saturdays in January for,the use of Fiscalini Field by the UNIVERSITY. Both the CITY and UNIVERSITY agree to leave Fiscalini Field free of scheduling/usage by either party to allow for annual turf maintenance during the period of time from Thanksgiving Day to New Year's Day annually. == "~--~'Ji~r"1i ::::r--~-- III. o o o .-- .. ._~_. - USE OF FISCALlNI FIELD: A. CITY's Responsibilities: 1. Maintenance of Field: CITY will maintain the field in good condition during period of this agreement including maintenance of grass and field areas. CITY agrees to complete all ballfield preparation and maintenance for UNIVERSITY usage (Le. practices, fall ball, scheduled games, etc.) on the days that the CITY's Adult Baseball League is scheduled to play. This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. CITY will provide UNIVERSITY with updated copies of the Adult Baseball League game schedules such that UNIVERSITY will be apprised of those dates when the field will NOT be prepped by CITY. 2. Maintenance of Buildings, Grounds, and Bleachers: CITY will maintain all buildings, grounds, and bleachers in good and clean condition to ensure the public's safety, with the exceptions as outlined in Section IV. FEES - .CSUSB Reciprocity Services". 3. Parking: CITY will maintain the paved parking area in good and clean condition for the public's safety. 4. Lighting: CITY will provide and maintain the lighting on the field and in all areas to insure the safety of the players and the public. 5. Opening, Closing of Field: CITY will provide a key to the UNIVERSITY to unlock the field prior to and lock up after all uses according to the approved schedule of use as described herein. The CITY reserves the right to determine the playability of the field due to foul weather, Acts of god. and/or other public safety purpose. and at its sole discretion may close the field. 6. Use of clubhouse: CITY will allow UNIVERSITY to use the clubhouse, which includes the manager office, training room, restrooms and showers during the schedule of use as described herein. 7. Use of Scoreboard and P .A. System: After training by City staff, CITY will allow UNIVERSITY personnel to operate and use the scoreboard and P.A. amplification equipment. 8. Use of Snack Bar: CITY will retain the first right of use of the main snack bar during all uses of Fiscalini Field. If the CITY does not use the snack bar, the UNIVERSITY will be allowed to use the facility during practices and games in accordance with County Health regulations. ">' ,_~' ~"'~'M~~-~'iF'W"'~" '. ,,'_.~ r ['~'~'" '-Vr"""W-='~~~"HToT~!'"'r~'~--"~'~"~~'-.c.'1"r-' o o o 9. Use of CITY Sign Panels on the Outfield Fence: CITY will allow the UNIVERSITY to use the existing sign panels to solicit advertising in support of Men's Baseball Scholarships at the UNIVERSITY. UNIVERSITY will pay the CITY twenty five percent (25%) of the fee charged for each sign used for advertising. CITY will have final approval authority for all signs appearing on the outfield fence. B. University Responsibilities: 1. Use of Facilities: UNIVERSITY will use facilities for baseball practices and games according to a pre-approved schedule as described herein. UNIVERSITY agrees to submit in writing each year's finalized master baseball schedule to CITY by November 1st for the upcoming season (ex: November 1, 2004 for the 2005 baseball season). Facilities to be utilized include the paved parking lot as well as all facilities within the fenced area of Fiscalini Field, except the concession building as it is NOT available due to Farmers Fair & Market Night usage. 2. Maintenance of Field and Facilities: UNIVERSITY will keep the infield, outfield. dugouts, batters' cage, and players' Clubhouse clean of trash throughout the duration of this contract. UNIVERSITY agrees to complete all ballfield preparation and maintenance for CITY leagues, tournaments and programs during the months as stated in the TERM of the agreement, with the exception of scheduled offsite game and practice dates. This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. UNIVERSITY agrees that after ALL usage they will leave site ready to be played on for CITY programming. 3. Adherence to CITY Regulations: UNIVERSITY will insure that all players, coaches, and staff will adhere to CITY regulations at all times. CITY reserves the right to close the field if requests for compliance to regulations are not met. UNIVERSITY will pay all costs associated with infield "grade" upgrades, which is suggested to be performed annually. 4. Use of Sign Panels on Outfield Fence: UNIVERSITY will use existing sign panels to solicit advertising in support of Men's Baseball Scholarships at UNIVERSITY. UNIVERSITY will solicit businesses in San Bernardino and Riverside Counties. UNIVERSITY will produce, install, and maintain sign as needed. UNIVERSITY will pay the CITY a fee of twenty five percent (25%) for each sign used for advertising. .~_1:.:,- C_~~~::<'"""""t>.""",,~:'P'-'_CJ"':'_""-"'",,,"f'_''''''":'._''-'~_'''_ -'''"~-'-~V'''-'''-';'''~iN;'?M'f'''=~- ~,.,. . _.- --- ......-.... """-"-~'-- . ,., .. -"" 5. Lighting: UNIVERSITY will work collaboratively with CITY to communicate and schedule an annual time to 're-direct' existing lighting on the field, thus ensuring optimum playability for all said usage and to insure the safety of the players and the public. UNIVERSITY will send this notice in writing (annually) by January 1st of each year (Le. January 1, 2005 for 2005 and January 1, 2006 for 2006) to the CITY. o IV. FEES - "CSUSB Reciprocity Services": The UNIVERSITY agrees that in lieu of paying part or all of City Council approved fees for the use of Fiscalini Field according to the schedule described herein, the UNIVERSITY will provide reciprocity of services to the extent as accepted by the CITY. The UNIVERSITY will provide the following reciprocity services: Provide two (2) Work Study students from October 1st to June 1st, for a total of 15 hours per week to assist City Maintenance Staff under their guidance. The work must be conducted within the park maintenance staff hours of Mondays through Thursdays from 6:30a.m. 4:00p.m. or Fridays from 6:30a.m. -3:00 p.m., excluding holidays. The work site will be Perris Hill Park, 607-1155 E. Highland Avenue. Value equals $4,000.00. Provide team labor for the following turf maintenance tasks at Fiscalini Field: Verticut Twice Annually Remove Sod and Replace New Sod Where Needed. Once Annually Fertilize and Over-seed All Field Turf Areas Twice Annually Float Outfield (Sand) Where Needed. Once Annually Re-build Bullpens Value equals $1,000.00. Provide All Matching Sod and Infield Seed. Value equals $500.00. Provide team labor as necessary and pay the materials costs for the following infield "skin" maintenance tasks: Infield MaterialOnce Annually and Supplement As Needed. Laser-grade Once Annually MVP Field Mix Dressing and Quick Dry Application As Needed. Value equals $3,000.00. Loan of Triplex Mower for Regular Annual Use by City Groundskeeper. Value equals $2,100.00. Re-build Dugouts (Raise Height and Re-surface Roofs, Build Helmet Racks, Other). To be completed by December 31, 2006. (Requires a blueprinUdrawing and list of. materials used for approval by Parks Maintenance Supervisor.) Value equals $1,250.00. o o .....,~~~"'1;:"~'.'- C-' j ,''''n-'_~w_-~ -.- .'F- " ,-- t "~', '~,--' '.-, n~--F~~---""'=:,:,,'':!.iLi~'''-~-.1~r-~'------~---~~-~-''''-~'' , , --'' '..---lii l' -- ---- o o o :--------p~+-~ Replace Counter-top and Repaint Interior of Press Box/Scorer Booth. To be completed by December 31, 2006. (Requires a blueprinUdrawing and list of materials used for approval by Parks Maintenance Supervisor.) Value equals $900.00 Maintain all aspects of the interior and exterior of the Players' Clubhouse for the UNIVERSITY's exclusive use. (Value equals variable paint, cleaning, plumbing - for own exclusive use) '"NOTE: The total value of reciprocity services equals $12,750.00 per year. The Parks Maintenance Supervisor will determine all levels of need". V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The UNIVERSITY, at the UNIVERSITY's own expense, may employ or contract such persons, as the UNIVERSITY deems necessary to perform the services required of the UNIVERSITY by this agreement. The UNIVERSITY assumes full and sole responsibility for payment of all compensation and expenses of these employees or independent contractors for all state and federal income tax, Worker's Compensation unemployment insurance, Social Security, disability insurance, and other applicable withholdings. The UNIVERSITY agrees to provide worker's compensation insurance for their own employees and agents and agrees to hold harmless and indemnify the CITY for any and all claims arising out of any injury, disability, or death of any of the UNIVERSITY's employees or agents. VI. REPORTING: The UNIVERSITY is to maintain a daily log of all activities associated with the use of facilities as described herein, subject to review of the Parks Maintenance Supervisor. The UNIVERSITY will provide to the Parks Maintenance Supervisor a Monthly Status Report containing the hours of facility use by the UNIVERSITY, a listing and explanation of the progress of the reciprocity services as described herein, materials purchased with receipts of said services, and a total of volunteer hours provided by the players, coaches, parents, Work Study students, or other agent of the UNIVERSITY. The UNIVERSITY will make available for review by the CITY any record of regular maintenance of all equipment and machinery involved in the activities of the UNIVERSITY as described herein. -"V"""~,-". ...... o o o VII. VIII. IX. X. ....".- " .. . ---,,, ~._... .~~-._..-.,==?",<qEI'1.-_ "~:"?"'~,'.,:. CO,_.. _",.~"--7<i'2;; ~,. ~, "'.- ~".-"-:_:':',-_','.H'''^'''' ,.~"---.--- ,.'.' - - .., ','---"-- DISCRIMINATION: CITY and UNIVERSITY mutually agree that the activities provided under this Agreement and all employment offered by CITY and UNIVERSITY under this Agreement shall be free of discrimination based upon race, color, creed, age, sex, disability or national origin. CITY and UNIVERSITY shall comply with Affirmative Action Guidelines in their employment practices. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS: UNIVERSITY will save harmless and indemnify CITY against all claims, demands, suits, judgements, expenses and costs of any and every kind, insofar as legally required on account of the injury to or death of persons or loss of or damage to property arising in any manner out of the performance of this Agreement. CITY will save harmless and indemnify the State of California and UNIVERSITY against all claims, demands, suits, judgements, expenses and costs of any and every kind, insofar as legally required, on account of the injury to or death of persons or loss of or damage to property arising in any manner out of the performance of this Agreement. The costs, salary and expenses of the City Attomey and members of his office in enforcing this agreement shall be- considered as "costs" for the purposes of this paragraph. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions. elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the added notation that the insurance policy shall not be terminated or materially altered without 10 days prior written notice to the City. TERMINATION: The CITY or the UNIVERSITY may terminate this Agreement by giving the other party sixty- (60) day's advance written notice of termination. Should the UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving written notice of immediate termination of the UNIVERSITY's Agreement. Said notice of immediate termination shall be effective immediately upon service of said notice upon the UNIVERSITY. un g"" "'T" o o o """ "~~>>'~"__>~ft>"q>('M~>'>~"'~">" ,',.. > "tT ""'rl'Cf'illZ'.~-_%M""j;1~"lrTl~T-'~"~"r,.--~p~r_"c'::",:~:"'>'~~-""'"'~~ XI. AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and UNIVERSITY. No oral agreements shall be binding or of any effect on either party. California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 City of San Bernardino Parks, Recreation and Community Services Department 547 North Sierra Way San Bernardino, CA 92410-4816 By By Procurement & Support Services Officer TItle Date Date Attest: Approved as to form and legal content: By Rachel Clark. City Clerk James F. Penman City Attorney B~ 21--- Dat >> !n~ /7 ]..,...tJJ I OJ-01-05 CAL STATE - FlSCALINI AGREEMENT ~,,~~.,~~~~~~,-.- ~- ~~~-'w~''''''~~>,' ',c' r'" ,~, "~-~~-F"'"'''r''''F''''""'~'-=-''''' I' rrn,,,_~_~,,,,,=,,~,- u''''''''i '-'" "''CT_~-F ".- """,,,,,C"""~ o o o EXHIBIT "A" CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO USE OF FACILITIES AGREEMENT This Agreement, by and between California State University, San Bernardino ("UNIVERSITY") and the City of San Bernardino ("CITY"), provides for the UNIVERSITY's use of Fiscalini Field, owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: A. Actual schedules (practice, games, and practice/exhibition games) for use of facility shall be submitted in writing on a seasonal basis and established by mutual agreement. B. Fiscalini Field is subject to reservation by other users following CITY Application procedures. The UNIVERSITY agrees to cooperate with the CITY for requests for use of facilities that may overlap times and dates of the UNIVERSITY's pre- approved use as described herein. II. TERM: A. The term of this agreement shall be for TWO (2) years commencing on January 1, 2005 and ending on December 31, 2006; with the option of a one time (one year) renewal upon mutual consent of both parties. During 2005 and 2006, the UNIVERSITY is allowed to use Fiscalini Field from January 1 through May 1 and from October 1 through Thanksgiving Day (for fall practice). The Fiscalini Field facilities will be made available for use to the UNIVERSITY during these months on Mondays through Fridays from 12:00p.m. to 5:00p.m. CITY has exclusive usage annually from May 2 through September 30 and November 24 (Thanksgiving) through December 31. The UNIVERSITY agrees to be off the field by 5:00pm (7 days a week) during this agreement (Le. all times they are using Fiscalini Field). The CITY agrees to set aside 8:00am to 3:00pm, the 2nd, 3'd, and 4th Saturdays in January for the use of Fiscalini Field by the UNIVERSITY. Both the CITY and UNIVERSITY agree to leave Fiscalini Field free of scheduling/usage by either party to allow for annual turf maintenance during the period of time from Thanksgiving Day to New Year's Day annually. -"'17^ _^'C, o ~ .----.o~__.._-._".-.'.C1'''..'''::,'''' """",~ g~,"" -'P "~"T',w~'~"'~""T_"'~-- 'C, c"""""'~~'rif"'"dd""~~'~~"YdC' """.::,:::;:"""~ III. USE OF FISCALlNI FIELD: A. CITY's Responsibilities: 1. Maintenance of Field: CITY will maintain the field in good condition during period of this agreement including maintenance of grass and field areas. CITY agrees to complete all ballfield preparation and maintenance for UNIVERSITY usage (Le. practices, fall ball, scheduled games, etc.) on the days that the CITY's Adult Baseball League is scheduled to play. This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. CITY will provide UNIVERSITY with updated copies of the Adult Baseball League game schedules such that UNIVERSITY will be apprised of those dates when the field will NOT be prepped by CITY. 2. Maintenance of Buildings, Grounds, and Bleachers: CITY will maintain all buildings. grounds, and bleachers in good and clean condition to ensure the public's safety, with the exceptions as outlined in Section IV. FEES - "CSUSB Reciprocity Services". Parking: CITY will maintain the paved parking area in good and clean condition for the public's safety. Lighting: CITY will provide and maintain the lighting on the field and in all areas to insure the safety of the players and the public. Opening, Closing of Field: CITY will provide a key to the UNIVERSITY to unlock the field prior to and lock up after all uses according to the approved schedule of use as described herein. The CITY reserves the right to determine the playability of the field due to foul weather, Acts of god. and/or other public safety purpose, and at its sole discretion may close the field. 6. Use of clubhouse: CITY will allow UNIVERSITY to use the clubhouse, which includes the manager office, training room, restrooms and showers during the schedule of use as described herein. 7. Use of Scoreboard and P.A. System: After training by City staff. CITY will allow UNIVERSITY personnel to operate and use the scoreboard and P.A. amplification equipment. 8. Use of Snack Bar: CITY will retain the first right of use of the main snack bar during all uses of Fiscalini Field. If the CITY does not use the snack bar, the UNIVERSITY will be allowed to use the facility during practices and games in accordance with County Health regulations. 3. 0 4. 5. o :V'f~'.'?<i,..,:.'1t-~.,. .c-.,' "~"'?".'';:'$\\i~,,,~,,,~,.,,,,.~_~_~"tT'''''''..''''''''_''~'''':.~''..., ^".'7,='.c=,."-----,,,-,- ""--'''-'''''~G:"~''_.=''''T'F~'f':'''''7;:~q_~'-'!~rr'f~--y~:,1~!;;;;;~~ ......-... . ..----... --..... _.- -....--.....,...'< o B. C) o r ". ',' '~'r:;"'-'~'~'~' ',. "..p".........--..~. 9. Use of CITY Sign Panels on the Outfield Fence: CITY will allow the UNIVERSITY to use the existing sign panels to solicit advertising in support of Men's Baseball Scholarships at the UNIVERSITY. UNIVERSITY will pay the CITY twenty five percent (25%) of the fee charged for each sign used for advertising. CITY will have final approval authority for all signs appearing on the outfield fence. University Responsibilities: 1. Use of Facilities: UNIVERSITY will use facilities for baseball practices and games according to a pre-approved schedule as described herein. UNIVERSITY agrees to submit in writing each year's finalized master baseball schedule to CITY by November 1st for the upcoming season (ex: November 1, 2004 for the 2005 baseball season). Facilities to be utilized include the paved parking lot as well as all facilities within the fenced area of Fiscalini Field, except the concession building as it is NOT available due to Farmers Fair & Market Night usage. 2. Maintenance of Field and Facilities: UNIVERSITY will keep the infield, outfield, dugouts, batters' cage, and players' Clubhouse clean of trash throughout the duration of this contract. UNIVERSITY agrees to complete all ballfield preparation and maintenance for CITY leagues, tournaments and programs during the months as stated in the TERM of the agreement, with the exception of scheduled offsite game and practice dates. This will include chalking, lining, dragging & preparation of infield and pitcher's mound area, etc. UNIVERSITY agrees that after ALL usage they will leave site ready to be played on for CITY programming. 3. Adherence to CITY Regulations: UNIVERSITY will insure that all players, coaches, and staff will adhere to CITY regulations at all times. CITY reserves the right to close the field if requests for compliance to regulations are not met. UNIVERSITY will pay all costs associated with infield "grade" upgrades, which is suggested to be performed annually. 4. Usa of Sign- Panels on Outfield Fence: UNIVERSITY will use- existing sign panels to solicit advertising in support of Men's Baseball Scholarships at UNIVERSITY. UNIVERSITY will solicit businesses in San Bernardino and Riverside Counties. UNIVERSITY will produce, install, and maintain sign as needed. UNIVERSITY will pay the CITY a fee of twenty five percent (25%) for each sign- used' for-advertising. """-""-"'-~.._..~. - o o o '''~..''C''Y'"tIiiITo!''''>c"'''''''''''''''''''' - Cl"o -~"..~.. ~ -.7....-Y....~..-......-,~-'"' ,,' "-.-"---'-'- _""""-,,",ff;~'''''?!~1i,-,.,\Wi''''''''~'''''C''E-''-~-'''''' "'""~ ......".",r'~""~"f'.1"T-"""'-.:rc;:-~"~;--;.,";5-;'I""""'-'>;O..'iL"'~::'::::'i'-7~!?~~r.~,=,~-" 5. Lighting: UNIVERSITY will work collaboratively with CITY to communicate and schedule an annual time to 're-direct' existing lighting on the field, thus ensuring optimum playability for all said usage and to insure the safety of the players and the public. UNIVERSITY will send this notice in writing (annually) by January 1st of each year (Le. January 1, 2005 for 2005 and January 1, 2006 for 2006) to the CITY. FEES - "CSUSB Reciprocity Services": The UNIVERSITY agrees that in lieu of paying part or all of City Council approved fees for the use of Fiscalini Field according to the schedule described herein, the UNIVERSITY will provide reciprocity of services to the extent as accepted by the CITY. The UNIVERSITY will provide the following reciprocity services: Provide two (2) Work Study students from October 1st to June 1st, for a total of 15 hours per week to assist City Maintenance Staff under their guidance. The work must be conducted within the park maintenance staff hours of Mondays through Thursdays from 6:30a.m. -4:00p.m. or Fridays from 6:30a.m. -3:00 p.m., excluding holidays. The work site will be Perris Hill Park, 607-1155 E. Highland Avenue. Value equals $4,000.00. Provide team labor for the following turf maintenance tasks at Fiscalini Field: Verticut Twice Annually Remove Sod and Replace New Sod Where Needed* Once Annually Fertilize and Over-seed All Field Turf Areas Twice Annually Float Outfield (Sand) Where Needed* Once Annually Re-build Bullpens Value equals $1,000.00. Provide All Matching Sod and Infield Seed. Value equals $500.00. Provide team labor as necessary and pay the materials costs for the following infield "skin" maintenance tasks: Infield Material Once Annually and Supplement As Needed* Laser-grade Once Annually MVP Field Mix Dressing and Quick Dry Application As Needed* Value equals $3,000.00. Loan of Triplex Mower for Regular Annual Use by City Groundskeeper. Value equals $2,100.00. Re-build Dugouts (Raise Height and Re-surface Roofs, Build Helmet Racks, Other). To be completed by December 31, 2006. (Requires a blueprint/drawing and list of materials used for approval by Parks Maintenance Supervisor.) Value equals $1,250.00. IV. ~lii?'::"~'''''' ~'"C""'-^,'T~P~'o~", '''r'T'W'-' "" ""~~:L" '- :::=::,~,::::::,:,,",,-'~'~w"'-~~"-""-"--"n:crTr"?,,"J';:';"'''~~,,,,,,,,,,,,,,,,,,,,,- ' o o o Replace Counter-top and Repaint Interior of Press Box/Scorer Booth. To be completed by December 31, 2006. (Requires a blueprinUdrawing and list of materials used for approval by Parks Maintenance Supervisor.) Value equals $900.00 Maintain all aspects of the interior and exterior of the Players' Clubhouse for the UNIVERSITY's exclusive use. (Value equals variable paint, cleaning, plumbing - for own exclusive use) *NOTE: The total value of reciprocity services equals $12,750.00 per year. The Parks Maintenance Supervisor will determine all levels of need". V. EMPLOYMENT AND INDEPENDENT CONTRACTORS: The UNIVERSITY, at the UNIVERSITY's own expense, may employ or contract such persons, as the UNIVERSITY deems necessary to perform the services required of the UNIVERSITY by this agreement. The UNIVERSITY assumes full and sole responsibility for payment of all compensation and expenses of these employees or independent contractors for all state and federal income tax, Worker's Compensation unemployment insurance, Social Security, disability insurance, and other applicable withholdings. The UNIVERSITY agrees to provide worker's compensation insurance for their own employees and agents and agrees to hold harmless and indemnify the CITY for any and all claims arising out of any injury, disability, or death of any of the UNIVERSITY's employees or agents. VI. REPORTING: The UNIVERSITY is to maintain a daily log of all activities associated with the use of facilities as described herein, subject to review of the Parks Maintenance Supervisor. The UNIVERSITY will provide to the Parks Maintenance Supervisor a Monthly Status Report containing the hours of facility use by the UNIVERSITY, a listing and explanation of the progress of the reciprocity services as described herein, materials purchased with receipts of said services, and a total of volunteer hours provided by the players, coaches, parents, Work Study students, or other agent of the UNIVERSITY. The UNIVERSITY will make available for review by the CITY any record of regular maintenance of all equipment and machinery involved in the activities of the UNIVERSITY as described herein. VII. o I T r ~~'~L." ' ~O~ ~ DISCRIMINATION: CITY and UNIVERSITY mutually agree that the activities provided under this Agreement and all employment offered by CITY and UNIVERSITY under this Agreement shall be free of discrimination based upon race, color, creed, age, sex, disability or national origin. CITY and UNIVERSITY shall comply with Affirmative Action Guidelines in their employment practices. VIII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS: UNIVERSITY will save harmless and indemnify CITY against all claims, demands, suits, judgements, expenses and costs of any and every kind, insofar as legally required on account of the injury to or death of persons or loss of or damage to property arising in any manner out of the performance of this Agreement. CITY will save harmless and indemnify the State of California and UNIVERSITY against all claims, demands, suits, judgements, expenses and costs of any and every kind, insofar as legally required, on account of the injury to or death of persons or loss of or damage to property arising in any manner out of the performance of this Agreement. 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. o IX. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions. elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the added notation that the insurance policy shall not be terminated or materially altered without 10 days prior written notice to the City. X. o TERMINATION: The CITY or the UNIVERSITY may terminate this Agreement by giving the other party sixty- (60) day's advance written notice of termination. Should the UNIVERSITY fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving written notice of immediate termination of the UNIVERSITY's Agreement. Said notice of immediate termination shall be effective immediately upon service of said notice upon the UNIVERSITY. i!:l"r7W""~"""'"""'-"'""""I"'" - " o o o m ,,' '" ,"" "'llr'~' ,,~."'", " -T'"b.~"'~'~-"'"""'~'"'-''''-''"rC'-'''-7C''"---'=,-=.r;;"" "_m,<~~f"'*'-~~:::~;;~_~~;!., ~__ _-~~__:'~_:~ " XI. AMENDMENTS TO THE AGREEMENT: This Agreement may only be changed by written amendment signed by authorized officials of CITY and UNIVERSITY. No oral agreements shall be binding or of any effect on either party. California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 City of San Bernardino Parks, Recreation and Community Services Department 547 North Sierra Way San Bernardino, CA 92410-4816 By By Procurement & Support Services Officer TItle Date Date Attest: Approved as to form and legal content: By Rachel Clark, City Clerk James F. Penman City Attorney :~-~7:r 03-01-05 CAL STATE - FISCALINI AGREEMENT ~ I ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M,oting D.I< (Dot, ~d)' 3 'Ll- D)' 'I<m' /}{) Rooolution' Vote: Ayes Nays Abstain Change to motion to amend original documents D /"nion Resolutions NullNoid After: l'YD days / D.s Resolution # On Attachments: D ote on Resolution of attachment stored separately: D (}iJv),6~ Absent PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: ~ >J7;' 0 ~ ,,/ Date of Mayor's Signature: ~ >/'-3/~ / Date of Clerk/CDC Signature: ~ ~ 0{ Reso. Log Updated: Seal Impressed: t! Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D I Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ :; il! ~ ~~l Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Develop~ Others: i ./ / Facilities Finance Fire Department D D/ e( D D EDA Information Services Parks & Recreation Police Department Public Services ~/ D D Notes: / / Ready to File: ~ 0.1<, 'f j 1o~ II Revised 12/18/03 --" ~.,.._.~., -"~i/~"=~' -.,.,," "--~ ~ ~_c._.~~_"_.:::._ "----,, '''y'~r- . ' .... . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE; lEeEtYe8-.et'Pf OtEfitK Records and Information Management (RIM) PrQgram ~ .. 31 '1 ~ DATE: March 29, 2005 TO: Mitch Assumma, Parks, Recreation & Community Services Department FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-65 At the Mayor and Common Council meeting of March 21, 2005, the City of San Bernardino adopted Resolution No. 2005-65 - Resolution authorizing the execution of an agreement between the City of San Bernardino and California State University, San Bernardino providing =for the University's use of Fiscalini Field. Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within 120 days, or by July 18, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed:~~ Please sign and return Date: :3-30 -oS'