HomeMy WebLinkAbout40-Parks & Recreation 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 TO EXECUTE AN AGREEMENT
Community Services Department BETWEEN THE CITY OF SAN BERNARDINO
AND MAJOR LEAGUE SOFTBALL, INC. FOR
Date: July 25, 2006 ADULT BASEBALL AND ADULT SOFTBALL
SERVICES FOR A THREE YEAR PERIOD OF
SEPTEMBER 1, 2006 THROUGH AUGUST 31,
2009.
M/CC Meeting Date: August 21, 2006
j Synopsis of Previous Council Action:
August 18, 2003 — Resolution No. 2003-236 Adopted.
Recommended Motion:
Adopt Resolution.
gnatur
Contact person: Lemuel Randolph Phone: 384-5233
Supporting data attached: staff Report,Reso,&Agreement Ward:
FUNDING REQUIREMENTS: Amount: $10,000
Source: (Acct. No.) 772-381-2316
(Acct. Description) Sports/Aquatics Trust Account
Finance:
Council Notes:
Agenda Item No.
/ �V06
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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 the
Mayor to execute an agreement between the City of San Bernardino and Major League Softball,
Inc. for Adult Baseball and Adult Softball services for a three year period of September 1, 2006
through August 31, 2009.
Background:
The City of San Bernardino Parks, Recreation and Community Services Department is proposing
to extend an agreement with Major League Softball Services, Inc. (MLS). 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 has provided this service to the City of San Bernardino for three years. They have served
272 adult softball teams and 53 adult baseball teams from the Fall of 2003 through the Spring of
2006.
MLS will provide supervision, field maintenance and preparation, officials, marketing of
programs, capital improvement upgrades to existing fields, and statistical reports to patrons and
staff. The fields subject to this agreement include Encanto Park fields East and West and
Fiscalini Field. This agreement does not require any alteration in schedule to current youth
league play at these sites.
Financial Considerations:
Since MLS coordinates registration, MLS shall retain for the adult softball program 80% of gross
receipts from team registration and pay the City 20% of gross receipts, estimated at $2,400
annually. MLS shall retain for the adult baseball program 85% of gross receipts from team
registration and pay the City 15% of the gross receipts, estimated at $7,600 annually. Annual
revenue for the City is estimated at a total of$10,000. Payments will be made to the City on a
quarterly basis.
Recommendation:
Adopt Resolution.
1 RESOLUTION NO. Cur 1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAJOR
4 LEAGUE SOFTBALL, INC. FOR ADULT BASEBALL AND ADULT SOFTBALL
SERVICES FOR A THREE YEAR PERIOD OF SEPTEMBER 1, 2006 THROUGH
5 AUGUST 31, 2009.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The Mayor of City of San Bernardino is hereby authorized and directed to
9 execute on behalf of said City, an agreement between the City and Major League Softball, Inc.
10 (MLS). MLS agrees to provide contractual services for functions directly related to adult
11 baseball and adult softball programming. A copy of said agreement is hereby attached hereto,
12 marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. The authorization granted hereunder shall expire and be void and of no
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15 further effect if the agreement is not executed by both parties and returned to the office of the
16 City Clerk within sixty(60) days following the effective date of the resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAJOR
3 LEAGUE SOFTBALL, INC. FOR ADULT BASEBALL AND ADULT SOFTBALL
SERVICES FOR A THREE YEAR PERIOD OF SEPTEMBER 1, 2006 THROUGH
4 AUGUST 31, 2009.
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 meeting thereof, held
7 on the day of , 2006, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
11 BAXTER
12 VACANT
13 DERRY
14 KELLEY
15 JOHNSON
16
MC CAMMACK
17
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of ,
2006.
21
22 Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to Form:
24
James F. Penman, City Attorney
25
26 By:
27
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EXHIBIT "A"
OPERATING SERVICES AGREEMENT
MAJOR LEAGUE SOFTBALL
This Operating Services "Agreement" made the day of ,
2006, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
referred to as CITY, and MAJOR LEAGUE SOFTBALL, INC., a California corporation
hereinafter referred to as PROVIDER.
WITNESSETH:
In consideration of this their mutual covenants and conditions, CITY exclusively
retains PROVIDER to organize and manage the City of San Bernardino Parks, Recreation &
Community Services Department's Adult Softball and Adult Baseball Programs and to do the
things necessary to provide the services, and to make payment to CITY, in accordance to the
terms contained herein.
1. DEFINITIONS
A. For 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 Services Department.
2. PROVIDER: The Individual or Corporation with whom CITY enters into
this Agreement, and the person with whom the Parks, Recreation & Community Services
Department Director or their representative 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 Services Department
Director, or their authorized representative, acting as agents of CITY.
4. SCOPE OF SERVICES: The services to be provided by PROVIDER, and
the responsibilities of PROVIDER, shall be limited to the following functions:
A. Program Administration/Registration
B. Officiating Services
C. Scorekeeping Services
D. Awards
E. Field Maintenance/Preparation
5. LEAGUE DIRECTOR: The individual assigned by PROVIDER to
provide daily supervision.
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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-of-play areas, bleachers, buildings or structures of any kind, sidewalks,
streets, driveways, parking areas, playground or school yard areas.
II. FINANCIAL CONSIDERATIONS:
A. 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.
III. TERM
Term of this Agreement shall be for a period of three (3) years, beginning September 1,
2006 and expiring August 31, 2009 unless earlier terminated in accordance with other provisions
of this Agreement.
IV. OPERATING RESPONSIBILITIES:
A. GENERAL
1. Employees: 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 STAFF 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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2. Operation. PROVIDER shall provide general supervision of softball fields
including the enforcement of safety practices and regulations during periods the softball fields
are in use in connection with the operation of the City of San Bernardino Adult Softball and
Baseball Programs (in accordance with published game schedules as submitted to and approved
by CITY). PROVIDER shall exercise the right to exclude persons from using the fields who do
not abide by established rules.
3. Conduct. PROVIDER shall at all times perform its services in a quiet and orderly
manner to the satisfaction of STAFF.
4. Disorderly Persons: PROVIDER shall use its reasonable efforts to prohibit
intoxicated persons, profane or indecent language, or boisterous or loud conduct in or about the
softball and baseball fields 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. Signs and Advertisements: No signs of any kind shall be displayed by
PROVIDER unless approved by 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 such 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: Notwithstanding 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. ADMINISTRATION
1. League Director: The LEAGUE DIRECTOR shall oversee the program on a day-
to-day basis. The League Director shall be an experienced umpire/scorekeeper who will work to
serve the needs of both City and program participants.
2. League 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 softball league play according to
facility schedules as determined by and within the sole discretion of CITY.
3. Marketing: PROVIDER shall at all times use its reasonable best efforts to provide
for the best possible program promotion, consistent with the marketing services generally offered
by persons engaged in providing services similar to those required of PROVIDER under this
Agreement. Services shall include, but may not be limited to, press releases, program flyers,
copy for the City Brochure, letters and forms, mailing lists a phone "hot line", and
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intemet/website registration and promotion. All such marketing materials and forms must be
submitted to CITY by established deadline. CITY'S written approval shall be obtained before
such materials are distributed.
4. Pre-Season Services: PROVIDER shall arrange with STAFF mutually agreeable
dates, times, and a San Bernardino location for team registration. PROVIDER shall collect and
deposit league fees 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. Copies of game schedules shall be provided to CITY prior to the
start of eadh season. Changes to game schedules will be provided to CITY within three (3)
calendar days after their occurrence. Faxed copies and changes are preferred, although timely
website postings are also desirable.
5. _Sign In Sheets: PROVIDER shall provide sign-in sheets with hold
harmless/release/assumption of risk provisions ("Release"), approved in advance by CITY in
writing and ensure that each player signs the Release. Any player failing or refusing to sign the
Release shall not be permitted to play by PROVIDER.
6. Manager's Meeting PROVIDER shall organize and supervise each pre-season
manager's meeting. This meeting will include distribution of league rules. City facilities will be
made available for this purpose.
7. Southern California Municipal Athletic Federation (SCMAF)• PROVIDER shall
complete all SCMAF team registration paperwork for those teams that choose to pay the
prevailing registration fee, as required by SCMAF, and pay such registration fees to SCMAF
within thirty(30) days of the first scheduled day of the season.
8. Player's Medical Benefit Fund: PROVIDER shall collect and deposit the optional
PMBF fee for each team that pays it.
9. Method of Payment: PROVIDER shall pay to CITY 15% of the gross receipts
from team registration and forfeit fees 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 League - on or before July 15
Summer League - on or before October 15
Fall League - on or before January 15
PROVIDER shall transmit with payment, a Gross Receipts Report for the season which payment
is submitted. STAFF shall provide a form for this purpose, and the completed form shall include
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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:
City of San Bernardino
Parks, Recreation& Community Services Dept.
547 N. 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. SERVICES
1. 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.I.F. 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) 110-volt electrical outlet at each field.
3. Equipment: PROVIDER shall provide all essential game equipment, including,
but not necessarily limited to: one (1) new and one (1) good used SCMAF approved softball or
baseball 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 I". Each term and condition set forth in Attachment
I shall apply and are incorporated in this Agreement by reference. PROVIDER also agrees to
complete any and all of the renovations as may be negotiated during the course of this agreement
in good faith time and quality service/workmanship. Royalties coming from 15% of Adult
Baseball and 20% of Adult Softball registration fees and forfeited game fees will be used to
compensate all or part of these field renovations as agreed upon by both parties.
5. Awards: PROVIDER shall provide individual awards for first and second
place teams. Awards shall consist of shirts, sweatshirts or similar items as approved by City.
Awards shall also be provided for statistical leaders in up to three (3) categories in each league at
the end of each season.
V. SOFTBALL AND/OR BASEBALL FIELD IMPROVEMENTS:
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A. PROVIDER may make additional softball and/or baseball field improvements
subject to prior written approval of CITY. In addition, CITY may, from time to time, make
certain improvements, which it deems to be advantageous or necessary for the protection of
public property.
VI. LIABILITY AND INSURANCE:
A. Hold Harmless: PROVIDER covenants and agrees to defend, (if requested by
City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions,
elected officials, officers, attorneys, employees and agents from all liabilities and charges,
expenses (including counsel fees), suits, or losses, however 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 PROVIDER. 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 "counsel fees"
for the purposes of this paragraph.
B. Insurance: While not restricting or limiting the foregoing, during the term of this
Agreement, PROVIDER 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 his 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.
C. Worker's Compensation: PROVIDER shall at all times during the term of the
Agreement subscribe to and comply with the Worker's Compensation Laws of the 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 above referred to.
D. Safety: 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 event of injury to a patron or customer, PROVIDER shall ensure that
the injured person receives prompt and qualified medical attention, and as soon as possible
thereafter, it shall submit a "City Accident Report" form.
VII. DEFAULT AND CANCELLATION:
In the event PROVIDER defaults in the performance of any of the terms or conditions of
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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 after 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 following 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 involving 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 softball and/or baseball 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. STAFF may exercise this option immediately in the event
of a default involving cleanliness provisions or safety provisions of the Agreement. STAFF may
exercise this option within ten (10) days after giving PROVIDER written notice of default
involving 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 after a default shall
not be deemed a waiver of any of these options, nor a waiver of the default or any subsequent
default of the same or any other terms, covenant and condition. Any waiver by CITY of a default
on the part of the PROVIDER shall not be construed as, or constitute a waiver of, any
subsequent default of the same or any other term, covenant 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.
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VIII. ASSIGNMENT, BANKRUPTCY:
A. PROVIDER shall not transfer, assign or in any manner convey any of the rights
or privileges therein granted without the written consent of CITY. Neither 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 voluntary or
involuntary, or receivership proceedings. In the event of insolvency or bankruptcy, either
voluntary or involuntary, CITY, at its option, may terminate and cancel this Agreement, in which
event all rights of PROVIDER herein shall cease immediately and possession of the softball
and/or baseball fields shall be delivered to CITY.
IX. BUSINESS RECORDS:
A. PROVIDER shall be required to maintain a method of accounting of all receipts
in connection with the performance of its services hereunder, which shall correctly and
accurately reflect the gross receipts received 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:
1. Any accounting records that CITY in its sole discretion deems necessary
for 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 above 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 by 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 fully with the CITY during each audit. All
information obtained in connection 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, INSPECTION 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 employees in the performance of their duties.
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B. Laws and Ordinances: PROVIDER shall conduct its business in accordance with
all the laws, ordinances, rules and regulations applicable to such business as set forth by the City,
County, State and Federal government.
C. Permissions: Any permission required by the Agreement shall be secured in
writing by PROVIDER from CITY and any errors or omissions there from shall not relieve
PROVIDER of its obligations to faithfully perform the conditions therein, and without regard to
any other basis prohibited by law. PROVIDER shall immediately comply with any written
request or order submitted to it by CITY or STAFF.
D. Right of Inspection: CITY and STAFF, their authorized representatives, agents
and employees shall have the right to enter upon the subject softball and baseball fields at any
and all reasonable times for the purpose of inspection and observation of PROVIDER'S
operations. During these 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 inspections may be made by persons identified to PROVIDER as City employees, or may
be made by independent contractors engaged by CITY.
E. Standard of Performance: PROVIDER represents and warrants that it has the
qualifications and experience necessary to properly perform the services required under this
Agreement in a thorough, competent and professional manner. PROVIDER shall at all times
faithfully, competently and to the best of its ability, experience 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 by persons engaged in providing
services similar to those required of PROVIDER under this Agreement.
F. Nondiscrimination: PROVIDER shall not discriminate, in any way, against any
person on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the performance of
this Agreement and shall comply with the provisions of the State Fair Employment Practices
Act; the Federal Civil Rights Act of 1964, and all amendments; all administrative rules and
regulations issued pursuant to such acts.
G. Severability: In case anyone or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and the remainder of the
provisions of this Agreement shall continue in full force without impairment.
H. Integration: 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 except by a writing
expressly purporting to be such an amendment, signed and acknowledged by both parties hereto.
t
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XI. AGREEMENT IN DUPLICATE:
This Agreement is executed in duplicate, each copy of which shall be deemed as an
original.
IN WITNESS WHEREOF, CITY, has by order of the Director of the Parks, Recreation
& Community Services Department and PROVIDER has executed the same, the day and year
hereinabove written.
MAJOR LEAGUE SOFTBALL, INC. CITY OF SAN BERNARDINO
By: By:
Title: Title: Mayor
Dated: Dated:
Attest:
By:
Title: City Clerk
Dated:
Approved as to Form:
James F. Penman, City Attorney
By:
Dated:
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MAJOR LEAGUE SOFTBALL
IV BALL FIELD Periodic Field Repair Services
MAINTENANCE SERVICES
To the extent that adult softball play impacts the fields
Before, during and after each softball season, N,11..,S <�110u ated fur le.aguc use, the followim, repair services will
will provide the following >ervices: be performed on each field progranlrrted for adult softball:
The M LS Standard Ball Diamond t) Survey the traction Onfield)area each ,mson to
eValuate the exli tut--tide tend decide which
Maintenance System (SBDMS) equipment and gi siding method should be
employed to bring the infield(s)to the proper
the NILS Field Maintenance Division is mana`_cd by ;-,rtd.e. See par!Wraph �;t below Corspecific
MILS's Director of'Maintenancc Operations (1lercafter details reg;trding,grading equipment and tttethods.
"DFM"). The DDA has integrated his own inmovativ ;
�? -after su veynlg the traction area of each infield,
ideas alon�7 with proven maintenance techniques to
create a conrprehcnsi�c maintenance system that obtain and provide Nvhate er amount of traction
renders ball field conditions that have proven bath to Itcrial ( �n"Cl tltx", decomposed unamte,
etc ) is rte cssary to build up the Infields)that
safe and etljoyable for program parllctp`111ts' have suffered significant material displaceanent
ifaciditional traction material is needed to create
The most remat'I:1ble bencttt of the N'(LS Standard a Icvel grade, it must be clearly understood that
Ball Diamond Maintenance System (S13l)NISI is that the SIMMS trmilon nr:terial replacement
it affords progratn adnyunistrators the opportunity to feature is limited to repfacing.only flip e quantities
restune leaArue play immediately after inclemtent of material that have bcm lost or displaced (file to
weather. The SBDMS eliminates the need to -w-alt adult softhall use, The SBDN,I.S Nvill not include
multiple days for ball Fields to dry after a heavy rain; replacement of tt action material when such
material loss or dtsplacenunt is caused by weather
this feature has significant y reduced the number of andir.}r athletic uses such as baseball, tiouth
rained-out gall-ICS tttcl tltc resttltitly rescltecittlittu
soltbal,, soccer, prograllltilm" or any 'held
burden. _NALS -warrants that the SB,DNIS will enable it ra e:; c,ther than;adult softball.
to -schedule and complete toter (4) softball seasons per
year, regardless of the amount of rainfall. 3) On three (3) occasions per year, .:rode the traaction
area of each infield using a skip loader and
13y their very nature, every softball field has a unique "Gannon"gradirnu,box. fraction material will be
set of coildi-tions that requires special attention. added where necessary during the grading process.
Therefore, the Major Lcagtte Softball SBDMS Traction material purchases will be prorated
consists of two SUCh that AILS will pay for traction material only
d i s t i n c t tt, the the extent ofthe�S13Dy1S material
c o 111 1)o rt e n t s : replacement feature defined in f tra�taph 3 above
Periodic Rcpair Ind tfle City r,i11 pay far the portion of each
Services and the traction material purchase that is needed due to
1 n f i c l d non-adult softhall a :.•and.'or%Vcather. To ensure
T r e a t men t optimal drainage, saEet.y and playabilih on each
..u, >� Pro,raIll. infield allocated for adult softball LeaLUC t,iay,
` y1LS stromdl recommcrxFs that each infield
t
is 11sor 1.:x eled on one ( t) occasion per year. AILS
U will imoice the City the sut11 o1'S5W0(.)per
infield after rcndcttnp laser levclinti_services.
1
i
THE MAJOR LEAGUE ALTERNATIVE
41 On ai seasonal basis, survey the urrtfieid (sodded') \ILS will detliatch, scalp and Nvoter blast the
area to cletertaline which areas are worn or perimeter edge such that it will remain tree of
damaged clue to adult softball use. itilaen infield raaix buildup. It must be clearly understood
necessary, obtain and provide whatever type that this infiold perimeter border repair
of sod that is currently used as outfield turf(i.e. feature is limited to repair of damage caused by
bcrnauda. perennial rye, etc.) h1LS wi11 supply adult softball LISC ouly. The SBD%-iS will not
enough sod to completely bill those areas t,\,hich p1w,ode repair of perimeter border edges when
are lleavily impacted by softball league play. MILS such repairs are caused by xeeather and/or athletic
-c+ill use proper sod cutting c;gwprnent to rLrnove tr es ,such as ba;cbalL-youth ,ollball, socccr.school
damaged, worn or diseased sod and replace progran ruling orally field uses other than adult
it with ncw. healthy lengths. DLlrlta.L the pLintil>l-I softball.
process, 111..5 will add all necessary
amendments (recipe to be nYutuall. agreed upon N0TE:; MLS will eyaluare the existing conditions on
between the appropriate City staffincmber(s)and each softball fielc.l all0cate(1 hn- a(lult league us'e prior
the DF11)to enure proper rnendnw,and growth. to commencement ot` a contract. It' (lie existin!ly
It must be clearly understood that this SBDMS conditions on each soltball field do not meet industry
sod replacement feature is limited to darnage or standards then hli,S will prepare a written estimate of
wear that is specifically caused by adult softball proposed renovation services with MLS's customary
use only. yk%orn or dama,ed areas of a softball
charges for such services. In such sittiations, the City
outfield or perimeter border that have been caused agrees to either accept MLS's proposal and pay VILS
by other activities or athletic uses such as youth to renovate Said softball fields or the City will bear
softball. baseball.soccer, 111_411V or foothill
the responsibility for bringing said fields up to
:will not be c„n idercd part of rh rurtfield area that
will he repaired by the SBD11S, industry st t idards for salety and playability.
`-leasurc the distances fi•orn home plan:, beiwcon Periodic Repair Services are provided to ensure that
base anchors,and to th,:pitcher's plate (rubber) to all playing surfaces are kept avallabic for program
ensure that dies fall within tla: Specifications set use. It 1s laatatlaally understood that the City has its
j forth in the SC�MAF rule book. At this time. all own, seperate parks maintenance staff andlor parks
base anchors, home plates and pitchers' plates will rnailitelaance program. 1 he SIMMS is not a parks
be thoromul ly checked fOr excessive wear or rita11111 i1ail Ci pl(t{!rarn and t` not intended to alleviiitC
defects: and a written status report nl,ay he tine City's park maintenance responsibilities.
submitted to rile approjimite city staff menaber(s).
6) 1 isirrg a light Duer ,r, l�if..S ,will test the cancl)e toot Infield Treatment Program
POWer(iLIN) for each infield and outfield. in the
event that an existing candle toot readint, does not \11cr ricc essary Periodic Repair Services have been
comply c\ith the State of Cali l'ornia's miarimttrai completed, each softball field voll he ready fit' tile
standard for ball field use. a v%rincn diagram opening day of each season. Becginnirig on opening
Illustrating the location and quantity of,each day. Field \,lainteriance staff will perform an
readim, will be provided to the appropi-N.lte city infield Treatment on each field Schcdule(i for league
staff,rile rnber(s)' play
,) When necessary. the perinaetear border edge(the fie Infield 1'rcatmertt ProI r<rni tales into account
line where infiold traction nmt mal meets outfield that specific locations {referred to al "hilIh-impact
turd will receive special atrc tition t,.a eliminate am., areas") on each "'oftball diamond endure heavy use
t berm or ridge that develops front frequent trsc.
MAJOR LEAGUE SOFTBALL
and thus require special attention. I Iigh-impact areas materials that have been approved by the City.
such as batter's boxes. catcher's and umpire's placers
behind home plate, the pitcher's mound, the base While the S13f)MS is comprehensive, it does not
paths, and the ,lidin4(T :areas around the base anchors include the followlmrr landscape and parks
will receive additional vvaterinty and scarit:ying tan a maintenance tasks: seedin g. aeratioal, fertilization,
daily basis. A Daily Infield Treatment consists of the 111OX&IIIILT, border edging, or trimming, yvatcring of
following steps that are perforrned each day that it outfield areas. irrigation system repair. or infield mix
field is scheduled for lt'aUtle platy: replacement that becomes necessary due to weather
or uses other than adult softball. However, the MILS
I) Lame quantities of displaced material from Field 1\laintenance Division is capable of providing
hill,Ll-ullpact areas evil] be back-filled tisinu the 11l.aintenance service, well beyond the scope of the
front scoop of a John Deere 1200 ball field Standard Ball Diamond Maintenance System. if such
Conditioner and;or 7a landscape rake• m ainterrance sm ces are desired, 1 L.S is willitl(T to
rlcuotiatc a Scparate contract to provide additional
2) The entire traction areal "ill he entered. %\fill III air.tell"Ince serti'iccs.
additional guantitis alpplicd to hid l-impact
areas.
City Responsibilities
-3) As needed,the entire traction area will be scarified The City a`�t'ecs li) maintain to safe condition all park
u alg 1 arict� of dptll settings. dcpendirn�on the
exlstin g contrition Sri the fictd \1LS staff uses
fixtures shell as: poles, light fixtures, light bulbs,
,c<u trill:, that conic as titandard attacl melt.on tic lcherc ceatim�� apparatus, playground cquillnlent.
John 1_2 00b;dlficld conditioners. The.11) chainilnk fencing (includin+, hat not 1ir11itec.1 to
120t,)scarifier is 54 ioehes tivicic and call beset to "dugout", ` backstop„ "Out oi' play'.
and
tiacpths ran, ;rlc from erne to si°; inches. f;xtl 1 care "outfielcflhonle. run" fences), base anchors. honle
hill be exercised wheel searifyim-, ticxt to plates and pitcher's rubbers. NIL.S will not he held
periincter edties,base anchors, home plates. responsible to defend or indemnify the City- against
pitcher's plates, backstops and chain link fc.ncin '. any claimis for Ilersonai injury, death of property
jL\p CIc11CU ilati S]101vn that (1115 j 1"Uee 1'cl U' 1"S a damage that Ill ally wary :Iris( front or relate to 11) the
Consistem Infield Iexturk that st"'rlrf calll.l)'
condition of said park fixtures, or (ii) the design
tcelucc, the nnnlbcr of injuries related to bad and
ior construction of pack facilitics allocated by the
botrllces and sliclin` on hard or unlcvel surfaces.)
City for adult softball play, reglardless of whether
4) The JD 1200 -i-ndinglevellm,attachment and a -Such claims involve program participants, program
"screen"drag will then he employed to evt•nly
spcctatoi s or mctlahers of the general )LINIC.
distribute ti actioll lilLim 1,d over the erltirz traction
nreasulhtccoftltcinlicldleavio nsnlc,crtil Lhc City a-rces to defend and indittlnify NlLS
surfac;.. against Al claims and liabilities ariin'.r out of or in
any yaws reiatill" to (1) the condition of the aforesaid
`) Flnall�, the licliff shrill be imc,d a!s nr•sc!ibed park Ilxtall'e� or . 111) tile design 111( /or constl"tri:t'on ot,
by the 5C:tLif tut h,,cl:. l u1 a l-titter', }.>+, park tacil,ttes allocated by the City for adult softball
telllplatc and string. AILS stall will set down the play. regardles, of whether such claims involve
batter's hc>res, foul lntcs,coaches' bt+x s, first to.grat11 participants,u program spectators(tors ear members
base rennin`, line, and on-deck circles. P f l `
=A11111iq "iatc c11 v staff rncmbc:r(s) will he of the general public.
consulted, sc,that 1'11.S will use only field markin'T
3