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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Curtis Brown, Rec. Superintendent
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL
AUTHORIZING EXECUTION OF A
MANAGEMENT AGREEMENT
BETWEEN TIlE CITY OF SAN BERNARDINO
AND MAlT MCDONAGH, DBA CELTIC
SOCCER LEAGUE, TO PROVIDE
MANAGEMENT SERVICES AT THE SAN
BERNARDINO SOCCER COMPLEX FOR
THE DATES JANUARY 13-14, 20-21, 27-28
AND MARCH 17-18,23-26, AND MARCH
30-APRIL 2, 2007.
MICC Meeting Date: January 8, 2007
Dept: Parks, Recreation &
Community Services Dept.
Date: January 4, 2007
Synopsis of Previous Council Action:
September 5, 2006 - Resolution 2006-318, Approval of Services Agreement for management of
Soccer Complex by Coast Soccer League.
June 19, 2006 - Resolution 2006-229, Approval of Services Agreement for management of
Soccer Complex by Coast Soccer League.
Recommended Motion:
(JtpP~
Signature
Adopt Resolution.
Contact person: Curtis Brown
Phone:
5130
Supporting data attached: St.ffR<{lort Re,o & Agreement Ward: 7
FUNDING REQUIREMENTS:
Amount: None
Source: NIA
(Acct. Description) NIA
Finance:
Council Notes:
Agenda Item No.
f17
IJg/07
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council authorizing execution of a management
agreement between the City of San Bernardino and Matt McDonagh, dba Celtic Soccer League,
to provide management services at the San Bernardino Soccer Complex for the dates January 13-
14,20-21,27-28 and March 17-18,23-26, and March 30-ApriI2, 2007.
Background:
On June 15,2006, and September 5, 2006, City Council approved a services contract with Coast
Soccer League to provide management services for the San Bernardino Soccer Complex until the
results of a RFP can be reviewed and a long-term operational plan can be established. Matt
McDonagh of the Celtic Soccer League has requested a similar arrangement to provide for
management services of the San Bernardino Soccer Complex for the annual Celtic Cup soccer
tournament in January 13-14, 20-21, 27-28 and March 17-18, 23-26, and March 30-April 2,
2007.
Mr. McDonagh will provide for all aspects of managerial operations of the Complex, including
labor and supplies for field layout and preparation, restroom and field clean up, and parking and
food concessions. The Celtic Soccer League will retain all revenue derived from the Complex's
parking facilities and food and memorabilia concessions sales, estimated at gross revenue of
$120,000. The City will provide landscape maintenance services for the Complex and the
maintenance of buildings, structures, common areas, and parking facilities. The Celtic Soccer
League will pay to the City the sum of $60,000 for this right to perform management services.
In addition, the League will reimburse the City for City Staff wages and benefits to open and
close the Complex on the preparation and tournament dates noted in the agreement.
The Celtic Cup has been held at the San Bernardino Soccer Complex since its opening in 1997 as
its first premier soccer event. The Celtic Soccer League has proven to be outstanding
tournament organizers, bringing in 575 local and out-of-state teams to the Complex in 2006 over
this prestigious six-weekend tournament.
Financial Impact:
Revenue for the six-weekend tournament is $60,000. Reimbursable expenditures for staff to
open/close facilities is estimated at $1,000.00.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
EXECUTION OF A MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MATT MCDONAGH, DBA CELTIC SOCCER LEAGUE, TO
PROVIDE MANAGEMENT SERVICES AT THE SAN BERNARDINO SOCCER
COMPLEX FOR THE DATES JANUARY 13-14, 20-21, 27-28 AND MARCH 17-18, 23-
26, AND MARCH 30-APRIL 2, 2007.
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 is hereby authorized and directed to
execute on behalf of said City a Management Agreement with Matt McDonagh, dba Celtic
Soccer League, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as though fully set forth at length.
SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within thirty (30) days of the passage
ofthis resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
EXECUTION OF A MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MATT MCDONAGH, DBA CELTIC SOCCER LEAGUE, TO
PROVIDE MANAGEMENT SERVICES AT THE SAN BERNARDINO SOCCER
COMPLEX FOR THE DATES JANUARY 13-14,20-21,27-28 AND MARCH 17-18, 23-
26, AND MARCH 30-APRIL 2, 2007.
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
,2007, by the following vote, to wit:
day of
on the
ABSTAIN
ABSENT
AYES
NAYS
Council Members:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
day of
,2007.
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
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MANAGEMENT AGREEMENT
This Agreement is entered into this _ day of January 2007, by and between Matt
McDonagh, dba Celtic Soccer League ("MANAGER") and the City of San Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous and
in the best interest of the CITY to engage a qualified person or entity to provide management
services to the San Bernardino Soccer Complex ("Complex") for events to occur in January, March
and April of2007; and
WHEREAS, MANAGER possesses the skills and ability to provide said services for the
CITY;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
The CITY hereby engages the services of MANAGER to conduct management services to
the Complex as set forth in Exhibit "A," attached hereto, and incorporated herein by reference.
CITY shall have the rights, duties and obligations as set forth in Exhibit "B," attached hereto, and
incorporated herein by reference.
2. COMPENSATION AND EXPENSES.
a. MANAGER shall pay to CITY the sum of $60,000 to perform the management
services as set forth in Exhibit "A", attached hereto, and incorporated herein by reference.
b. In consideration for the sum payed to CITY, MANAGER shall be entitled the revenue
derived from the Complex's parking facilities and from fees paid by concessionaires for the right to
sell food, beverages, novelties, apparel or similar items commonly sold at such events.
3. TERM; SEVERABILITY.
The services described in Exhibit "A" shall be provided on the weekends of January 13 and
14, January 20 and 21, and January 27 and 28; March 17 and 18, March 23 through 26, and March
30 thru April 2, 2007 unless previously modified, amended, or cancelled by the written mutual
consent of the parties.
This Agreement may be terminated at any time by the CITY. City shall give notice as
DHC/tbm (Celtic Soccer\Celtic Soccer League.Agreement]
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provided in Section 9 of this Agreement.
4. INDEMNITY.
MANAGER agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
MANAGER's negligent acts or omissions arising from the MANAGER's performance of its
obligations under the Agreement.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
MANAGER shall maintain in effect policies of comprehensive public, general and professional
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior
to undertaking any work under this Agreement. CITY shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to
the CITY shall require the insurer to notify CITY of any change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
MANAGER shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
MANAGER shall perform work tasks provided by this Agreement, but for all intents and
purposes MANAGER shall be an independent contractor and not an agent or employee of the CITY.
MANAGER shall secure, at its expense, and be responsible for any and all payment ofIncome Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for MANAGER and its officers, agents, and employees, and all business licenses,
if any are required, in connection with the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
MANAGER warrants it possesses, or shall obtain, and maintain during the term of this
Agreement a business registration certificate pursuant to Title 5 of the City of San Bernardino
DHC/tbm [Celtic Soccer\Celtic Soccer League.Agreement]
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I Municipal Code, and any other licenses, permits, qualifications, insurance and approvals of whatever
2 nature that are legally required of MANAGER to practice its profession, skill or business. All
3 subcontractors, concessionaires, or other service providers shall obtain a business license issued by
4 the City and seller's and/or resale permits issued by the California State Board of Equalization if
5 required by the applicable law.
6 9.
NOTICES.
7 Any notice to be given pursuant to this Agreement shall be deposited with the United States
8 Postal Service, postage prepaid and addressed as follows:
9 TO THE CITY:
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12 TO THE MANAGER:
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City Manager's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile: (909) 384-5138
Matt McDonagh
Celtic Soccer League
1538 Aster Street
Upland, CA 91786
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10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses, including
reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The
costs, salary and expenses of the City Attorney and members of his office in enforcing this
Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this
paragraph.
11. PROHIBITION AGAINST TRANSFERS.
A. Neither the City nor the MANAGER shall assign, sublease, hypothecate, or transfer
this Agreement, or any interest therein, directly or indirectly by operation of law
without the prior written consent of the other party. Any attempt to do so without the
prior written consent of the other party shall be null and void, and any assignee,
sublessee, hypothecate or transferee shall acquire no right or interest by reason of
DHC/tbm [Celtic Soccer\Celtic Soccer League.Agreement]
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I such attempted assignment, hypothecation, or transfer.
2 B. The sale, assignment, transfer, or other disposition of any ownership or partnership
3 interest which shall result in changing the control of the MANAGER, shall be
4 deemed an assignment ofthis Agreement.
5 12. VENUE.
6 The parties hereto agree that all actions or proceedings arising in connection with this
7 Agreement shall be tried and litigated either in the State courts located in the County of San
8 Bernardino, State of California or the U.S. District Court for the Central District of California,
9 Riverside Division. The aforementioned choice of venue is intended by the parties to be the
10 mandatory and not permissive in nature.
II 13. GOVERNING LAW.
12 This Agreement shall be governed by and construed and interpreted in accordance with the
13 laws of the State of California without regard to principles of conflicts of laws.
14 14. SUCCESSORS AND ASSIGNS.
15 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
16 and their respective heirs, representatives, successors, and assigns.
17 15. HEADINGS.
18 The subject headings of the sections of this Agreement are included for the purposes of
19 convenience only and shall not affect the construction or the interpretation of any of its provisions.
20 16. ENTIRE AGREEMENT; MODIFICATION.
21 This Agreement constitutes the entire agreement and the understanding between the parties,
22 and supercedes any prior agreements and understandings relating to the subject manner of this
23 Agreement. This Agreement may be modified or amended only by a written instrument executed
24 by all parties to this Agreement.
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DHC/tbm [Celtic Soccer\Celtic Soccer League.Agreement]
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1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date set forth below.
3 Dated: January
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7 Dated: January
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ATTEST:
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,2007
CELTIC SOCCER LEAGUE
By:
Matt McDonagh, President
,2007
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
12 By:
Rachel Clark, City Clerk
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APPROVED AS TO FORM:
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JAMES F. PENMAN,
16 City Attorney
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DHC/tbm [Celtic Soccer\Celtic Soccer League.Agreement] Page 5
Exhibit" A "
During the term of this Agreement, Manager shall have the following rights, duties and
responsibilities under this Agreement:
A. Manager shall have full control of all aspects of the managerial operations of the
Complex as set forth in this Agreement, excepting those duties and obligations specifically required
to be performed by City.
B. Manager shall retain employees and/or independent contractors, including food
concessionaires, to perform the services required by this Agreement. Such services include, but are
not limited to the following:
a. The layout and striping of the soccer fields in accordance with standards and
practices accepted in the industry and acceptable to City.
b. The cleaning of all restrooms at the Complex to standards acceptable to the
City.
c. The cleaning of the parking facilities and surrounding areas to standards
acceptable to the City
d. The cleaning of the common areas of the Complex to standard acceptable to
the City.
C. All employees retained by Manager shall be employees of Manager, not of City, and
shall be compensated by Manager for wages and benefits under the terms and conditions agreed to
by Manager. Said employees and independent contractors shall have the same status and
responsibilities of Manager as set forth in Paragraph 7 of this Agreement, and shall have no redress
against City for the failure of Manager to provide wages or benefits, or any other compensation of
any kind owed by Manager.
D. Manager shall reimburse the City for all costs, including wages and benefits, of the
City employees who shall open and close the Complex on the dates set forth in paragraph 3 of this
Agreement.
DHC\js [Celtic Soccer\Celtic Soccer League.Exhibit A]
Exhibit "B"
During the term of this Agreement, City shall have the following rights, duties and
responsibilities:
A. City shall provide landscape and maintenance services for the Complex, maintenance
of buildings, structures, common areas and parking facilities.
B. City shall manage and supervise all City employees employed at the Complex,
including those employees who shall open and close the Complex at times agreed to by the parties.
In the event of disagreement as to the schedule, the time of opening and closing the Complex shall
be determined by the City, without redress by Manager.
DHC/js [Celtic Soccer\Celtic Soccer League.Exhibit B]