HomeMy WebLinkAbout18-Parks & Recreation
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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
SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
MAJOR LEAGUE SOFTBALL, INC. FOR
ADULT BASEBALL AND ADULT SOFTBALL
SERVICES FOR THE PERIOD OF
SEPTEMBER I. 2003 THROUGH AUGUST 31.
2006.
MICC Meeting Date: August 18, 2003
Dept: Parks, Recreation &
Community Services Department
Date: August 6, 2003 0 R \ G \ N A l
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
//P~
,.y Signature
Contact person:
Lemuel P Randolph
Phone: 384.5030
Supporting data attached: Staff ReDart Resa & Aqreement Ward: NIA
FUNDING REQUIREMENTS:
Amount: NIA
Source: (Aeel. No.)
(Aeel. Description)
Finance:
Council Notes:
"\2.G=<:D~ LI:::,O-.z,- Z ~~
Agenda Item No.
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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
execution of an agreement between the City of San Bernardino and Major League Softball, Inc.
for Adult Baseball and Adult Softball services for the period of September 1, 2003 through
August 31, 2006.
Background:
The City of San Bernardino Parks, Recreation and Community Services Department is proposing
to enter into agreement with Major League Softball Services, Inc. (MLS) is a company that
collaborates with municipal parks & recreation departments to increase the efficiency and
effectiveness of adult baseball and softball programs. MLS currently has agreements with over
20 parks & recreation departments in southern California to administer Adult Baseball & Adult
Softball programs.
MLS will provide supervisIon, field maintenance and preparation, officials, marketing of
programs, capital improvement upgrades to existing fields, and statistical reports. MLS will
provide $15,600 in field upgrades during the first year of the agreement. The fields subject to this
agreement include Encanto Park fields east and west, Nunez Park north field and Fiscalini Field.
Field upgrades will be completed by September 15, 2003, thus improving the facilities in time
for the Fall baseball season. This agreement does not require any alteration in schedule of our
current youth league play at these sites.
This agreement will allow one full-time equivalent employee III the parks, recreation &
community services department to be re-assigned from exclusive ballfield
maintenance/preparation tasks to other needed maintenance and repair areas in the department.
It also allows the Department to complete $15,600 in Capital Improvement Project (CIP)
upgrades without using any general fund dollars.
Financial Considerations:
After the initial field of improvements of $15,600 are made, MLS shall retain 80% of gross
receipts from team registration and forfeit fees for softball teams and 85% for baseball teams.
MLS will pay the City the other 20% of gross receipts from softball team registration and forfeit
fees and 15% of the gross receipts from baseball team registration and forfeit fees. Revenue for
the City for the first year of operation is estimated at $15,000. Payments will be made to the
City on a quarterly basis.
Recommendation:
Adopt Resolution.
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RESOlXTIO!\' OF THE MAYOR A'iD CO~lMOl\ COl''iCIL OF TIlE CITY
OF SAN BER!\'ARDI!\'O Al'THORIZING EXEClfTlO:\' OF A'i AGREEME!\'T
BETWEE"I THE CITY OF SAN BERNARDIl\O AND MAJOR LEAGl'E SOFTBALL,
INe FOR ADULT BASEBALL AND ADl'L T SOFTBALL SERVICES FOR THE
PERIOD OF SEI'TBIBER 1,2003 THROl'GH AUGUST 31,2006,
BE IT RESOLVED BY THE ,\lAYOR AND CO'\lMO!\' COl':\'CIL OF THE
CITY OF SA'\' BER:\ARDINO AS FOLLOWS:
SECTlO'\' L The \layor of City of San Bernardino or hcr designee is hereby authorized and
directed to execute on bchalf of said City, an agreement bet\\ecn the City and lvlajor League
Softball. Inc (l\ILS), MLS agrees to provide contractual senices for functions directly related
to adult baseball and adult softball programming, A copy of said agrecment is hereby attached
hereto, marked Exhibit ''Au, and incorporated herein by referencc as fully as though set forth at
length.
SECTION 2. Thc 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 oftlce of the
City Clerk \\ithin sixtv (60) days following the effective date of the resolution,
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RESOLLTlO:\' OF TIlE :\IA YOR A!\D CO:\I:\IO:\' COl':\'C1L OF TilE CITY
OF SA:\' BER:\'ARDI:\O .\LTIIORIZI:\'G EXEClTIO:\ OF A:\' AGREDIE:\'T
BET\\TE:\' THE CITY OF SA]\; BER:\'ARDI:\'O A:\D ,\IAJOR LEAGLE SOFTBALL.
I:'\C. FOR ADl'L T BASEBALL A:\D ADULT SOFTBALL SER\'ICES FOR THE
PERIOD OF SEPTDIBER 1,2003 THROUGH AUGLST 31, 2006,
I HEREBY CERTIFY that the foregoing Resolution was dulv adopted bv the I\layor
and Com1110n Council of the Citv of San Bemardino at a
meeting thereof held
on the davof
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,2003, by the following vote, to wit:
Council Members:
AYES
?\A YS
ABSTAIT\
:\BSE'\T
ESTRADA
L1E:\ LO?\GVILLE
'vlC GI?\NIS
DERRY
SLAREZ
ANDERSO?\
16 I\IC CA:V1:V1ACK
Rachel G. Clark. City Clerk
The foregoing resolution is hereby approved this
day of
Judith Valles, Man)r
Citv of San Bcrnardino
Approv'Cd as to
Foml and legal content:
]A:VIES F. PI?\:V1A?\,
City Attorney
By:
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OI'ERATll\'G SERVICES AGREEMEl\'T
MAJOR LEAGl'E SOFTBALL
This Operating Seniccs "Agreement" made the day of
2003. hy and hetween the CITY OF SAN BERNARDINO. a municipal corporation. hereinafter
referred to as CITY. and ]ldAJOR LEAGUE SOFTBALL. INC.. a California corporation
hereinafter referred tl) as PROVIDER.
WITNESSETH:
In cnnsideralinn of this their mutual cO\'enants and conditions. CITY exclusi\'ely
retains PROVIDER to organize and manage the City of San Bernardino Parks, Recreation &
Community Senices Department's Adult Softball and Adult Baseball Programs and to do the
things necessary to pro\'ide the ser\'ices, and to make payment to CITY, in accordance to the
terms contained herein.
I. DEFINITlO:\S
A. F or the purpose of this Agreement. the following words and phrases are defined
and shall be construed as hereinafter set out:
1. CITY: The City of San Bernardino. acting by and through the Director of
the Parks, Recreation and Community Ser\'ices Department.
~ PROVIDER: The Indi\'idual or Corporation with whom CITY enters into
this Agreement, and the person with whom the Parks. Recreation & Community Ser\'ices
Department Director or their representati\'e deals regarding subject Agreement. All employees
and agents of the PROVIDER are subject to the terms of this Agreement.
3. STAFF: The Parks. Recreation & Community Ser\'ices Department
Director. or their authorized representati\'e, acting as agents of CITY.
4. SCOPE OF SERVICES: The ser\'ices to be pro\'ided by PROVlDER, and
the responsibilities of PROVIDER, shall be limited to the following functions:
A. Program Administration
B. Officiating Ser\'ices
C. Score keeping Ser\'ices
[) . Awards
E. Field t\laintenance/Preparation
5. LEAGCE DIRECTOR: The individual assigned by PROVIDER to
pro\ide daily supcnision.
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6. SOFTBALL FIELDS: The terms "softball fields" and "fields" as used in
this Agreement shall mean only the in-play areas of the subject ball fields. and specifically shall
not include any out-ot:play areas. bleachers. buildings or structures of any kind. sidewalks.
streets. driveways. parking areas. playground or school yard areas.
II. FINANCIAL CONSIDERATIONS:
.-\. As part of the services to be provided hereunder, PROVIDER shall collect on
behalf of CITY all team registration fees for the adult baseball and softball programs. As
consideration for its services under this Agreement. PROVIDER shall be entitled to retain 80%
of the gross receipts from team registration and forfeit fees for adult softball teams and
PROVIDER shall be entitled to retain 85% of the gross receipts from team registration and
forfeit fees for adult baseball teams. PROVIDER shall pay to CITY the other 20% of the gross
receipts from adult softball team registration and forfeit fees and 15% of the gross receipts from
adult baseball team registration and forfeit fees.
Payments of the City share of team registration and forfeit fees shall be made by
PROVIDER to CITY in accordance with the payment schedule provided in Section IV. B. 9
below. PROVIDER shall administer the registration system including, but not limited to
registrations. collecting of fees, providing a receipt and keeping of an accounting procedure
acceptable to CITY.
Ill. TERM
Term of this Agreement shall be for a period of three (3) years. beginning September 1.
2003 and expiring August 31. 2006 unless earlier tern1inated in accordance with other provisions
of this Agreement.
IV. OPERATING RESPONSIBILITIES:
A. GENERAL
1. Emplovees: PROVIDER shall provide such employees or independent contractors
(collectively referred to as "employees") as may be required to render good service. to the
satisfaction of STAFF. Such persons shall be satisfactory to 5T AFF as to their personal conduct.
honesty, courtesy. health. personal appearance and willingness to cooperate with CITY
employees. In the event an employee is not satisfactory, as herein defined. STAFF may furnish a
written directive to PROVIDER to correct the cause of said dissatisfaction. If PROVIDER does
not correct said problem to the satisfaction of CITY within 30 days after said written directive is
received. STAFF may furnish a subsequent written notice to PROVIDER requiring that said
employee be excluded from providing further services to CITY.
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~ OperatIon PROVIDER shall prov.ide general supervIsIon of softball liclds
including the enfl)rCemcnt of safety practices and regulations during periods the softball fields
are in use in conneclion vvith the operation of the City of San Bernardino Adult Softball and
Baseball Programs (in accordance v\ ith published game schedules as submitIed to and approved
by CITY). PROVIDER shall exercise the right to exclude persons from using the ficlds who do
not abide by established rules.
~. Conduct. PROVIDER shall at all times perform its services in a quiet and orderly
manner to the satisfaction of STAFF.
4. Disorderlv Persons: PROVIDER shall use its reasonable efforts to prohibit
intoxicated persons. profane or indecent language. or boisterous or loud conduct in or about the
soliball and baseball lields and will call upon the aid of peace officers to assist in maintaining
peaceful conditions.
5. Permits and Licenses: PROVIDER shall be required to obtain at his sole expense
any and all permits or licenses that may be required in connection with PROVIDER's subject
operation including. but not limited to tax permits. business licenses and health permits.
6. Sicns and Advutisements: No signs of any kind shall bc displayed by
PROVIDER unless approved bv CITY. who may require removal or refurbishment of any sign
previously approved. PROVIDER shall not permit vendors to display wares unless written
permission is secured from CITY and sueh permission shall be subject to revocation at any time.
CITY may charge and collect fees for the display of signs advertising products and/or services.
7. Sponsorship )\Jot\\.ithstanding that PROVIDER is providing to CITY the
operating services contemplated in this Agreement. it is acknowledged that the City of San
Bernardino Adult Softball and Baseball Programs are sponsored by CITY. and that PROVIDER
is not a sponsor or co-sponsor of said Programs.
B. ADMI'iISTRA nON
1. Leauue Director: The LEAGUE DIRECTOR shall o\'ersee the program on a day-
to-day basis. The League Director shall be an experienced umpire/scorekeeper who will work to
ser\'e the needs of both City and program participants.
2. Leauuc Coordination: The dates designated for and the duration of each league.
registration procedures and the number of games offered will be determined by and within the
sole discretion of CITY. PROVIDER shall schedule adult soliball league play according to
facility schedules as determined b\' and within the sole discretion of CITY.
3. rvIarketinc PROVIDER shall at all times use its reasonable best efforts to pro\'ide
for the best possible program promotion. consistent with the marketing ser\'ices generally offered
by persons engaged in pro\'iding services similar to those required of PROVIDER under this
Agreement. Ser\'ices shall include. but may not be limited to. press releases. program flyers,
copy for the Cit\' Brochure. letters and forms. mailing lists and a phone "hot line". All such
marketing materials and forms must be submitted to CITY by established deadline CITY'S
written appro\'al shall be obtained before such materials are distributed.
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4. Pre-Season Services: PROVIDER shall arrange \\ith STAFF mutually agreeable
dates. times. and a San Bernardino location for team registration. PROVIDER shall collect and
deposit league kes into a separate "San Bernardino" checking account. PROVIDER shall be
responsible for team classification and league formation resulting in the most balanced and
equitable competition possible. PROVIDER shall be responsible for preparing. printing and
distributing of game schedules, Copics of game schedules shall be pro\'ided to CITY prior to the
start of each season. Changes to game schedules will be pro\'ided to CITY within three (3)
calendar days after their occurrence.
5. Siun In Sheets: PROVIDER shall provide sign-ill sheets with hold
hannless/release:assumption of risk provisions ("Release"). appro\'ed in advance by CITY in
writing and ensure that each pla\cr signs the Rclease. .'\ny player failing or refusing to sign the
Release shall not be permitted to play by PROVIDER.
6. l\lanauer's l\leetinQ: PROVIDER shall organize and supen'ise each pre-season
manager's meeting. This meeting will include distribution of league rules.
7. Southern California Municipal Athletic Federation (SCMAF): PROVIDER shall
complete all SCMAf team registration paperwork for those teams that choose to pay the
preyailing registration fee. as required by SCTvlAF. and pay such registration fees to SCMAF
within thirty (30) days of the first scheduled day of the season.
8. PIa\er's ]\ ledical Benefit Fund: PROVIDER shall collect and deposit the OPtional
Pt\18F fee for each team that pavs it.
9. l\lethod of Payment: PROVIDER shall pay to CITY 15% of the gross receipts
from team registration and forfeit fecs for Adult Baseball and 20% of gross receipts from team
registration and forfeit fees for Adult Softball. in accordance with the following schedule (with
each date specifIed being said date next following the start of the subject League):
Winter League
on or before April 15
Spring L~ague
on or before Julv 15
Summcr League
on or before October 15
Fall League
on or before January 15
PROVIDER shall transmit \\ith payment. a Gross Receipts Report I()r the season which payment
is submitted. STAFF ,hall provide a 1(1fm for this purpose. and the completed form shall include
a statement of the gross receipts by source of sales. and such other information as STAFF may
require. The payment/check shall be made payable to .'City of San Bernardino". The payment
shall be addressed to:
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City of San Bernardino
Parks. Recreation & Community Services Dep!.
547 K Sierra Way
San Bernardino. California 92410
In the event PROVIDER fails to submit payment by the date due. interest at the maximum
amount allowed by law will be charged for each month. or fraction thereof. that the payment is
due. This charge is intended to compensate CITY for additional accounting and administrative
costs.
C. SER\'ICES
I. Officiating Services: PROVIDER shall recruit. train. supervise and evaluate
softball and baseball umpires. PROVIDER shall schedule and assign the approved number of
SCMAF and C.LF. certified umpires to all games.
2. Scorekeeping Services: PROVIDER shall recruit. train. supervise and evaluate all
scorekeepers. PROVIDER shall schedule and assign league scorekeepers to all games.
PROVIDER shall provide computerized scoring of all league softball and baseball games and
generate and provide to teams reports at the conclusion of each game. CITY shall provide one
(1) 11 O-volt electrical outlet at each field.
3. Equipment: PROVIDER shall provide all essential game equipment. including.
but not necessarily limited to: one (I) new and one (I) good used SCMAF approved softball for
each game. certified home plate extensions on each field. and Hollywood Impact or similar City
approved quality bases for each field.
4. Field Maintenance: PROVIDER shall perform maintenance services in
accordance with PROVIDER'S written proposal titled ''The MLS Standard Softball Diamond
Maintenance System (SBDMS), Attachment ]". Each term and condition set forth in Attachment
I shall apply and are incorporated in this Agreement by reference. PROVIDER also agrees to
complete all of the renovations set forth in SECTION 4.0 - AMENDED RENOVATION
COSTS, City of San Bernardino, Recommended Field Renovation Projects, Proposed document.
As denoted below:
SECTION 4.0.,AMENDED RENOVATION COSTS
CITY OF SAN BERNARDINO
RECOMMENDED FIELD RENOVA TION
PROJECTS
PROPOSED PRICING SUMMARY
FIELD
ENCANTO EAST
PROPOSED
PRICE
$950 00
$1.100.00
$400 00
SERVo NO.
4-5 & B
MATERIAL COST
6
SERVICE TASK
LASER GRADING
25 TONS ANGEL MIX MATERIAL
RECONSTRUCT BATTERS' BOXES'
TOTAL PRICE ENCANTO EAST
.. Price Includes Mound Mix Material
$245000
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. PROPOSED
FIELD SERV. NO. SERVICE TASK PRICE
ENCANTO WEST 1.3&9 SOD CUT/PLANT PERIMETER $1.90000
4.5 & 8 LASER GRADING $950.00
MATERIAL COST 50 TONS ANGEL MIX MATERIAL $2 20000
6 RECONSTRUCT BATTERS' BOXES' $400 00
7 REPLACE/RE-SET FIELD FIXTURES $400 00
TOTAL PRICE ENCANTO WEST $5.85000
* Price Includes Mound MIX Material
PROPOSED
FIELD SERV, NO. SERVICE TASK PRICE
NUNEZ NORTH 1.3 & 9 SOD CUT/PLANT PERIMETER $1.90000
4.5 & 8 LASER GRADING $950.00
MATERIAL COST 50 TONS ANGEL MIX MATERIAL $2.20000
6 RECONSTRUCT BATTERS' BOXES' $400 00
7 REPLACE/RE-SET FIELD FIXTURES $40000
TOTAL PRICE NUNEZ NORTH $5.85000
* Price Includes Mound Mix Material
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FIELD
FISCllINI
BASEBALL
SERV. NO.
3
SERVICE TASK
HOME PLATE AREA REPAIR
PROPOSED
PRICE
$950 00
4
REBUILD PiTCHING MOUND
$500 00
TOTAL COST FISCALINI BASEBALL
$1.45000
TOTAL COST OF RENOVATION
PROJECTS
$15,60000
TOTAL PROPOSED PRICE
$15,60000
PROVIDER agrees to complete these renovations at these ballfields by September 15. 2003.
PROVIDER also agrees to complete these improyements totaling S 15.600 in lieu of the 1st
$15.600 due to CITY in royalty payments Royalties coming from 15% of Adult Baseball and
20% of Adult Sotlball registration fees and forfeited game fees.
5. Awards: PROVIDER shall proyide indiyidual awards for first and second
placc teams. A wards shall consist of shirts. sweatshirts or similar items as approved by City.
A wards shall also be provided for statistical leaders in up to three (3) categories in each league at
the end of each season.
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V. SOFTBALL FIELD IMPROVEMENTS:
A, PROVIDER mav make additional softball field improvements subject to prior
written appro\al of CITY, In addition. CITY may. from time to time. make certain
impro\'ements. which it deems to be advantageous or necessary for the protection of public
property,
VI. LIABILITY AND INSURANCE:
i\. Hc,ld Ilarmless: Organization covenants and agrees to defend. (if requested by
City). indemnif\. and hold harmless the City. its departments. agencies. boards. commissions.
elected officials, officers. attornevs. employees and agents from all liabilities and charges.
expenses (including counsel fees), suits. or losses. howe\'er occurring. or damages arising or
growing out of the use or receipt of the funds paid hereunder and all providers contractually
defined duties and obligations as specified under this agreement. Payments hereunder are made
with the understanding that the City is not involved in the performance of services or other
activities of Organization, The costs. salary and expenses of the City Attorney and members of
his office in enforcing this Agreement on behalf of the City shall be considered as "eounsel fees"
for the purposes of this paragraph,
B, Insurance \Vhile 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 !\1ayor or her designee, with the
added notation that thc insurance policy shall not be terminated or materially altered without 10
davs prior \\Titten notice to the City,
C. Worker's Compensation: PROVIDER shall at all times during the term of the
Agreement subscribe to and complv with the Worker's Compensation Laws of thc State of
California and pay such premiums as may be required thereunder, and hold CITY harmless from
any and all liability arising from or under such act. Prior to any operations being performed
under this Agreement. and at such other times as may be requested. it shall furnish a copy of the
official certificate of receipt. showing payments herein abo\'e referred to,
D, Safetv: With respect to the services being furnished by PROVIDER under this
Agreement, PROVIDER shall correct safety deficiencies and violations of safety practices
immediately and shall cooperate fully with CITY in the investigation of accidents occurring on
the softball fields, In the e\'ent of injury to a patron or customer. PROVIDER shall ensure that
the injured person recei\'es prompt and qualified medical attention, and as soon as possible
thereafter. it shall submit a "City Accident Report" form,
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VII. DEFAULT A:\'D CA-.rCELLATlO:--;:
In the event PROVIDER defaults in the performance of any of the terms or conditions of
the Agreement. or fails to conform to the rules and regulations or any of the directions or
instructions that may be properly made by CITY in the exercise of its powers. or fails. neglects.
or refuses to pay the CITY'S monies or any part thereof within thirty (30) days alier the same
shall become due. or becomes unable through personal incapacity to fulfill his obligations under
the Agreement or defaults in the performance of any of the other terms or provisions therein
required. CITY shall have the follc)\\ing options without further notice or authorization from
PROVIDER. and its choice of any' option shall in no way waive its rights to select any other
option at any time:
A. If the PROVIDER does not cure said default thirty (30) days after written notice
of default (forthwith for a default in\'Olving sanitary safety conditions) or make reasonable
progress to cure said default. CITY may terminate the Agreement. assume the operation. and
exclude PROVIDER and/or
B. CITY may retain any of PROVIDER'S money on deposit in the "San Bernardino
Trust Account" and any of PROVIDER'S property on the soliball fields and apply same to the
payment of any and all claims which may be due CITY. and/or
C CITY may recover at law any and all claims which may be due CITY: and/or
D. CITY may perform such work as it deems necessary to cure said default and
charge PROVIDER for the full cost of labor and materials expended. plus thirty percent (30%) of
said cost for administrative overhead. ST ArF may exercise this option immediately in the event
of a default involving cleanliness provisions or safety provisions of the Agreement. ST ArF may
exercise this option \\ithin ten (10) days alier giving PROVIDER written notice of default
invol\'ing maintenance provisions of this Agreement.
E. In the event of abandonment or other inability of PROVIDER to conduct the
services required herein. CITY shall have the right to take immediate possession of all
operations.
The acceptance of all or part of a payment by CITY for any period aner a default shall
not be deemed a waiver of any of these options. nor a waivcr of thc default or any subsequent
default of the same or any other terms. covenant and condition. Anv waiver by CITY of a default
on the part of the PROVIDER shall not be construed as. or constitute a waiver of. any
subsequent dcfault of the same or any other term. co\'Cnant and condition.
In the event CITY defaults in the performance of any of the terms or conditions of the
Agreement. and if a written notice of such default is issued to CITY by PROVIDER by
registered mail. and if CITY does not cure said default within thirty (30) days of receipt of said
notice as evidenced by return receipt of registered mail. then PROVIDER may immediately
terminate the Agreement and recover at law any and all claims which may be due. However, if
PROVIDER fails to notify CITY of its default within sixty (60) days after learning of its
occurrence. then it has automatically waived any all of its rights occurring hereunder.
Page 8 of II
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VIII. ASSIGNMENT, BAl'IKRt:PTCY:
A. PROVIDER shall not transfer. assign or in any manncr cOJ1\'ey any of the rights
or privileges therein granted without the written consent of CITY. !\'either the Agreement nor the
rights therein granted shall be assignable or transferable by any process or proceedings in any
court. or by attachment. execution, proceedings in insolvency or bankruptcy either \'oluntary or
involuntary, or receivership proceedings. In the cvent of insolwncy or bankruptcy, either
voluntary or iJ1\oluntarv, CITY, at its option, may terminate and cancel this Agreement, in which
evcnt all rights of PROVIDER herein shall cease immediately and possession of the softball
fields shall be deli\ered to CITY.
IX. Bl'SI:"<ESS RECORDS:
A. PROVIDER shall be required to maintain a method of accounting of all receipts
in connection "ith the performance of its services hereunder. ,,'hich shall correctly and
accurately rcflcct the gross receipts recei\'ed by PROVIDER relating to this Agreement. The
method of accounting, including bank accounts established for operations under this Agreement,
shall be separate from the accounting system used for any other business operation of
PROVIDER. Such method shall include the keeping of the following documents:
I. Any accounting records that CITY in its sole discretion deems necessary
tllr proper reporting of receipts.
2.
A log showing the number of teams registered in each league. This log is
to be considered an accounting record.
B. All such documents, books and accounting records shall be open for inspection
and reinspection at any reasonable time during the terms of the Agreement and for a reasonable
period, not to exceed one year, thereafter. In addition. CITY may, from time to time. conduct an
audit and re-audit of the books and business conducted by PROVIDER. and observe the
operation of the business so that accuracy of the abo\'e records can be confirmed. If the report of
gross receipts made by PROVIDER to CITY shall be found to be less than the amount of gross
receipts disclosed by such audit and observation. PROVIDER shall pay CITY within thirty (30)
days after billing any additional amounts disclosed b\ such audit. If discrepancy exceeds two
(2%) and no reasonable explanation is given for such discrepancy. PROVIDER shall also pay the
cost of the audit. The PROVIDER understands that an annual audit by the CITY may be
conducted and PROVIDER agrees to cooperate fullv \\ith the CITY during each audit. All
information obtained in conncction with CITY'S inspections of records or audits shall be
received and maintained in confidence and shall not be disclosed to anyone not directly
connected with the official business of CITY. to the extent permitted by law,
X, REGULATIONS, INSPECTIO:\' AND DIRECTIVES:
A. City Rules: PROVIDER and its employees shall at all times abide by all Rules
and Regulations heretofore adopted or that may hereafter be adopted by CITY and cooperate
fully with CITY employces in the performance of their duties.
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B, Laws and Ordinances: PROVIDER shall conduct its business in accordance \\'ith
all the la\\s. ordinances. ruks and regulations applicable to such business as set forth by the City.
County'. Swte and Federal go\ernmenL
C. Permissions: Any permission required by the Agreement shall be secured in
writing by PROVIDER from CITY and any crrors or omissions there trom shall not relieve
PROVIDER of its obligations to faithfully perform the conditions therein. and \\ithout regard to
any other basis prohibited by law. PROVIDER shall immediately comply with any written
request or order submitted to it b, CITY or STAFF,
D, Ri~ht of Inspection: CITY and STAFF. their authorized representatives, agents
and employees shall ha\c the right to entcr upon the subject softball and baseball fields at any
and all reasonable times for thc purpose of inspection and observation of PROVIDER'S
operations. During thcse inspections, they shall have the right to utilize photographic devices and
other instruments for recording conditions and events taking place upon the subject ball fields.
Said inspcctions may be made by persons identified to PROVIDER as City employees. or may
be made by independent contractors engaged by CITY.
E. Standard of Perf'Jrmance: PROVIDER rcpresents and warrants that it has the
qualifications and esperience necessary to properly pcrform the services required under this
Agreement in a thorough, competent and professional manner. PROVIDER shall at all times
faithfully, competentl, and to the best of its ability. esperienee and talent perform all services
described herein. In meeting its obligations under this Agreement, PROVIDER shall employ, at a
minimum, generally accepted standards and practices utilized bv persons engaged in providing
services similar to those required of PROVIDER under this Agreement.
F 1\ondiscrimination: PROVIDER shall not discriminate. 111 any way. against any
person on the basis of race, religious creed. color. national origin, ancestry, ses, age, physical
handicap, medical condilion or marital status in connection with or related to the performance of
this Agreement and shall comply \\ith the prl)\'isions of the State Fair Employment Practices
Act: the Federal Ci\i1 Rights Act of 1964, and all amendments: all administrative rules and
regulations issued pursuant to such acts.
G, Se\erabilit\: In case anyone or more of the provisions contained in this Agreement
shall for an) reason be held to be in\alid, illegal or unenforceable in any respect. such in\alidity.
illegality or unenforceabilit) shall not affect any other pro\ision hereoL and the remainder of the
pro\isions of this Agreement shall continue in full force without impairment.
H. Intel.'ration: This Agreement constitutes the entire Agreement of the parties
concerning the subject matter hereof and all prior agreements or understandings, oral or written.
are hereby merged herein. This Agreement shall not be amended in any way escept by a writing
espressly purporting to be such an amendment. signed and acknowledged hy hoth parties hereto.
Page 10 of 11
.
.
.
XI. AGREEME"IT [1'\ DUPLICATE:
This Agreement is executed in duplicate, each copy of which shall be deemed as an
original.
[N WITNESS WHEREOF, CITY, has by order of the Director of the Parks, Recreation
& Community Se[\'ices Depat1ment and PROVIDER has executed the same, the day and year
hereinabo\'e written,
MAJOR LEAGUE SOFTBALL, I]\T.
CITY OF SAN BERNARDINO
By:
By:
Title:
Title: Mavor
Dated:
Dated:
Attest:
By:
Title: City Clerk
Dated:
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F, PENMAN
City Attorney
B, 1-~
D~{J ~AJr I~I 2-'10,7
Page 1 ] of 11
.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 20, 2003
TO:
Lemuel Randolph, Director of Parks, Recreation & Community Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-236
At the Mayor and Common Council meeting of August 18, 2003, the City of San Bernardino
adopted Resolution 2003-236 - Resolution authorizing execution of an agreement between the
City and Major League Softball, Inc., for adult baseball and adult softball services for the period
of September 1,2003, through August 31,2006.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by October 17, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I ~erebY ?knJ:~ed~e re:eiPt;~5the above mentioned documents.
SlgnedV~/.~ '.c,
'-'
Date:
F/zr/:-o .1
/ '
Please sign and return
"
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
'/5'1 "'-02> Item #
Nays €r
\'6
Vote:
Ayes \- (,.,
Abstain
Change to motion to amend original documents:
Reso. # On Attachments: _L Contract term: ~
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: <l5-~ I '1-{::C-:::'
Date of Mayor's Signature: s-, c,-O.3
Date of Clerk/CDC Signature:
t; - Jo -(L3
Resolution #
-6"
2.0(,3 - "2.2fc,
Absent 'I
NulVVoid After: I." D Ol'rj--" I Ii)" n-(j,3
I
By: --
Reso. Log Updated:
Seal Impressed:
/
,-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: .-/ Date Retnmed: II" - ::;.::; - <:<3
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
'/;"-'20'-'0':'
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):
Copies Distributed to:
City Attorney /
./
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
Yes__L No By
Yes No ,/' By
Yes No ..L By
Yes No ,/ By
Yes No-T By_
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01