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HomeMy WebLinkAbout15-Parks and Recreation . . CI....y OF SAN BERNCfIDINO - REQUEST OR COUNCIL ACTION From: ANNIE F. RAMOS, OIRECTOR Subject: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Dept: PARKS, RECREATION & COMMUNITY SERVICES CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE Date: JUNE 22, 1992 USES OF THE UNIVERSITY SWIMMING POOL AND THF CITY'S FISCALINI FIELD. Synopsis of Previous Council action: None. Recommended motion: Adopt Resolution. aLA' J.. 1?~ Si ature Contact person: .1nhn A Kr;tmpr Phone: 384-5031 Supporting data attached: Staff Reoort. AQreement & ResolutionWard: FUNDING REQUIREMENTS: Amount: -0- Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: 75-0262 Agenda Item No I ~Cj CITY OF SAN BERtODINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOL1J'1'I:OII AUTBORI:ZI:IIG All AGREEMENT BBTWBBII TBB CI:TY 01' SAIl BBRDRDI:1I0 AND CALI:PORIII:A STATB tJIII:VBRSI:TY, SAIl BBRDRDI:1I0 PROVI:DI:IIG POR TBB COOPBRATI:VB USBS 01' TBB tJIII:VBRSI:TY SWI:MKI:IIG POOL AND TBB CI:TY'S PI:SCALI:III: PI:BLD. The City and California state University, San Bernardino have worked cooperatively since 1983 to accommodate facility needs to meet the University's and the public's interest. The City has been provided the use of the University's swimming pool for 10 weeks during the summer to operate a public recreational swimming program. The university has utilized Fiscalini Field as its home field site for the men's baseball team for approximately two dozen home games and practices. In the past, these uses have been arranged through standard facility use forms. The use agreement formalizes arrangements and conditions of use and provides for respective needs through 1994. Approval is recommended. . (cal.univ-city fac) 6/18/92 75~0264 o o ~ CALIFORNIA STATE UNIVERSITY SAN BERNARDINO The Colifomia State Unive""t)' June 15, 1992 John Kramer City of San Bernardino Parks, Recreation, and Community services Department 547 North Sierra Way San Bernardino, CA 92401-1211 OFFICE Dear John: OF THE Enclosed are two signed copies of the agreement we discussed for the use of Fiscalini Field by the university and the use of the university's swimming pool by the city. VICE PRESIDENT FOR We have incorporated the language recommended in your FAX ADMINISTRATION h d' f th ' d ., . of May 11, 1992. T e wor ~ng 0 e ~n emn~f~catJ.on AND FINANCE section has been modified to agree with language approved by the Chancellor's Office of The California State University system. Hopefully, the changes will not present 714/880.5130 a problem for the city. This is the same language which is included in our agreements with other public agencies, such as the County of San Bernardino. Please advise me of the date when the agreement will appear on the City Council agenda. I will plan to attend the meeting. Upon final execution of the agreement, please return one copy with original signatures along with a copy of the appropriate City resolution. Thank you for your assistance with this matter. Sincerely, ~ro Vice President for Administration and Finance Enclosures 5500 University Parkway, San BemardIno. CA 92407.2397 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o :> RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY SWIMMING POOL AND THE CITY'S FISCALINI FIELD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Parks, Recreation and Community Services Department of the city of San Bernardino is hereby authorized to execute an agreement with California State University, San Bernardino providing for the cooperative uses of the University's swimming pool and the City's Fiscalini Field. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within sixty (60) days following the effective date of the resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1992 by the following vote, to day of wit: II II II II II 6/18/92 -1- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR USE OF SWIM POOL AND FISCALINI FIELD. 3 COUNCIL MEMBERS A1ES. ~ ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLUM MILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this of , 1992. W. R. Holcomb, Mayor Approved as to form and legal content: James F. Penman City Attorney ;Z By: ~~ 7. ~ 10 II II II II cal state-fac pool/field-u 6/18/92 -2- o o CITY OF SAN BERNARDINO CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO USE OF FACILITIES AGREEMENT This Agreement, by and between California State University, San Bernardino ("University") and the City of San Bernardino ("City"), provides for the University's use of Fiscalini Field, owned by the city, for the period commencing October, 15, 1992 and terminating June 30, 1994 and for the City's use of the University's swimming pool for the period commencing June 15, 1992 and terminating August 30, 1994 in accordance with the following terms and conditions: I . GENERAL: A. Actual schedules for use of each facility shall be submitted on a seasonal basis and established by mutual agreement. B. City agrees to charge no fees for the use of Fiscalini Field and University agrees to charge no fees for use of the University swimming pool. II. USE OF FISCALINI FIELD: A. city's Responsibilities: 1. Maintenanoe of Field: City will maintain the field in good condition during the period of this agreement including maintenance of grass and field areas. 2. Maintenance of Buildings, Grounds and Bleaohers: City will maintain all buildings, grounds and bleachers in good and clean condition to insure the pUblic's safety. 3. Parking: City will maintain the paved parking area in good and clean condition for the public's safety. 4. Lighting: city will provide and maintain the lighting on the field and in all areas to insure the safety of the players and the public. 5. Opening, Closing of Field: city will provide a key to the University to unlock field prior to and to lock up after all uses according to the ap- proved schedule of use as described herein. The 1 o o City reserves the right to determine the playability of the field and at its sole discre- tion may close the field. 6. Use of Snack Bar: City will allow University to use the snack bar facilities during practices and games, provided that use will be in conformance with any existing lease of Fiscalini Field. 7. preparation of Field for Games: City will rake and mark the field in preparation for games. city will provide all items necessary for such prepara- tion. B. UNIVERSITY'S RESPONSIBILITIES: 1. Use of Facilities: University will use facilities for baseball practices and games according to a pre-approved schedule as described herein. Facilities to be utilized include the paved park- ing lot as well as all facilities within the fenced area of Fiscalini Field. 2. Maintenance of Facilities: University will take care to keep the field area clean during University's use of the field. When the snack bar is used, the University will maintain it and leave it in as good a condition as it is when they ar- rive. 3. Adherence to City Regulations: University will insure that all players, coaches, and staff will adhere to City regulations at all times. City reserves the right to close the field if requests for compliance to regulations are not met. III. UNIVERSITY SWIMMING POOL A. City's Responsibilities: 1. Hours of Operation: City will manage the pool for public use Monday through Saturday from 1:00 p.m. to 5:00 p.m. and will assume complete respon- sibility for the pool operation during this time. 2. Public Use: City will insure that the public enters and exits the pool area through the south gate and that all bathers shower prior to entering the pool area. The restrooms available to the public are located in the Pool Maintenance Build- 2 o o ing. City will insure that the P.E. Building, in- cluding the locker rooms, is not used by the public. 3. Stafting: City will provide and pay for all neces- sary staffing, including a pool manager (who will also serve as a life guard), 2-3 lifeguards in ad- dition to the manager, a cashier, and an attendant to restrict public access to university's P.E. Building. The pool staff will have access to the pool office. The University reserves the right to approve the appointment of the pool manager. The University also reserves the right to request the dismissal of any member of the city's staff for good cause and the City will comply immediately with such re- quest. 4. Pool Area Maintenance: City staff will hose deck area and pick up all trash in the pool area at the end of each day. 5. Safety: City will insure that all necessary regulations are enforced for the safety of the public'S use of the pool. This includes the pUblic'S awareness of the various depths of the pool as well as normal supervision of the general use of the pool. The maximum number of pUblic swimmers allowed in the pool area at one time is 130. If, in the opinion of the University, the pool is operated in an unsafe condition, the University will close the pool. B. ONrVERSrTY'S RESPONSrBILrTIES: 1. Pool Maintenance: University will maintain the pool in a clean and safe condition. 2. University Use: The University will operate the pool at all times other than City's hours of opera- tion. University members may also use the pool at no charge during the hours designated for the City. University members will enter and exit the pool area through the P.E. Building. 3. Shower Facility: University will construct a tem- porary shower facility near the south gate entrance for use by the public. 3 o o C. PARKING/VEHICULAR TRAFFIC: The City staff members and all public users will be responsible for obtaining parking permits for all vehicles parked on the campus. Daily permits will be available for $1.00 at the Information Booth at the entrance to the campus. Monthly permits will be avail- able for $12.00 each for staff. Parking for vehicles with these permits will be restricted to the P.E. park- ing lot. Permits must be displayed in the vehicles so that they may be easily seen by University parking of- ficers. All vehicles operated on campus are subject to the California Vehicle Codes and the University's vehicular traffic regulations. Pool staff and patrons shall restrict vehicle operations to approved parking lot and related access roads. Public vehicular traffic is not allowed on any inner-campus roadway or walkway. Violators of any parking and/or traffic regulations are subject to citations and fines that can only be con- tested at the San Bernardino Courts. City shall advise the public of this information ver- bally and in any printed materials distributed regard- ing this program. IV. DISCRIMINATION City and University mutually agree that the activities provided under this Agreement and all employment offered by City and University under this Agreement shall be free of discrimination based upon race, color, creed, age, sex, dis- ability, or national original. city and University shall comply with affirmative action guidelines in their employ- ment practices. V. LIABILITY: University and City agree as follows: University will save harmless and indemnify City against all claims, demands, suits, judgments, expenses and costs of any and every kind, insofar as it may legally do so and subject to the availability of funds, on account of the injury to or death of persons or loss of or damage to property arising in any manner out of the performance of this agreement. City will save harmless and indemnify the state of Califor- nia and University against all claims, demands, suits, judg- ments, expenses and costs of any and every kind, insofar as it may legally do so and subject to the availability of 4 -" o ,..." u funds, on account of the injury to or loss of or damage to property arising the performance of this agreement. death of persons or in any manner out of VI. AMENDMENTS TO THE AGREEMENT: This agreement may only be changed by written amendment signed by authorized officials of City and University. No oral agreements shall be binding or of any effect on either party. California State university, San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 City of San Bernardino ~~ Signature Vice President for Administrqtion & Finance Title Signature Title June 15, 1992 Date Date \i"PROVED AS TO FORM AND LEGAL CONTEN.T", James F. Penman" City A. orney' 9'?f,,- 5