HomeMy WebLinkAbout24-Parks and Recreation
CI.TY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: July 16, 2001
OR: 2 ,','w;I~L
Subject: RESOLUTION AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO PROVIDING
FOR THE COOPERATIVE USES OF THE
UNIVERSITY'S OUTDOOR ATHLETIC
FACILITIES AND THE CITY'S FISCALINI
FIELD, AND TERMINATING THE PREVIOUS
AGREEMENT UNDER RESOLUTION 97-26.
From: John A. Kramer, Acting Director
Dept: Parks, Recreation & Community Services Dept.
Synopsis of Previous Council Action:
October 16, 1997 - Council approved Resolution 97-26 to provide cooperative uses of Cal State Pool and Fiscalini
Field.
Recommended motion:
Adopt Resolution
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Contact person:
John A. Kramer
Phone: 384-5031
Supporting data attached:
Staff Report, Reso, & Agreement
Ward: 5th & 7th Wards
FUNDING REQUIREMENTS:
Amount: NIA
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
8M"
Agenda Item NO.-M
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution authorizing an Agreement between the City of San Bernardino and California State
University, San Bernardino providing for the cooperative uses of the University's outdoor
athletic facilities and the City's Fiscalini Field, and terminating the previous Agreement under
Resolution 97-26.
Backl!round:
The City and California State University, San Bernardino have worked cooperatively since 1983
to accommodate facility needs to meet the University's and the public's interest. The University
has utilized Fiscalini Field as its home site for the men's baseball team for approximately two
dozen home games and practices. In return the University will manage and operate the pool on
the City's standard summer swim schedule of 9-10 weeks duration and will assurne complete
responsibility for the pool operations during this time. The University also agrees, that when
requested by City, additional athletic facilities may be made available upon request to
accommodate such City sponsored programs as youth track and basketball, Special Olympics
and Senior Olympics.
For the past four years these uses have been arranged through a use of facilities agreement
approved by Resolution 97-26. This Agreement expired at the end of last summer. The use
Agreement formalizes arrangements and conditions of use and provides for respective needs
through December 31,2004.
Resolution 97-26 is a previons version of this Agreement that did not have current information
about University parking fees and policies.
Financial Impact:
None
Recommendation:
Adopt Resolution
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RESOLUTION NO.
1
2 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
3 PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S OUTDOOR
ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD, AND TERMINATING
4 THE PREVIOUS AGREEMENT UNDER RESOLUTION 97-26.
5
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
9 authorized and directed to execute on behalf of said City an agreement with California State
10
University, San Bernardino providing for the cooperative uses of the University's athletic
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incorporated herein by reference as fully as though set forth at length.
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facilities and City's Fiscalini Field, a copy of which is attached hereto marked Exhibit "A" and
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
16 the City Clerk within sixty (60) days following the effective date of the Resolution.
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RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S OUTDOOR
ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD, AND TERMINATING
THE PREVIOUS AGREEMENT UNDER RESOLUTION 97-26.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the day of ,2001 by the following vote, to wit;
7
8 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA
9
10 LIEN
11 MC GINNIS
12 SCHNETZ
13 SUAREZ
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L 14 DEAN ANDERSON
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MC CAMMACK
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Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
, 2001.
JUDITH V ALLES, MAYOR
City of San Bernardino
Approved as to form
And Legal content:
James F. Penman
City Attorney
o -01
CAL STATE - FISCALINI AGREEMENT
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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, and for the City's use of the University's athletic
facilities 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's athletic facilities.
II. TERM:
(:
A. The term of this agreement shall be for a period of two years commencing
January 1, 2002. Upon expiration of said two years, this agreement shall
be automatically renewed from year to year unless either party notifies the
other of termination at least sixty days before the expiration of any such
year.
III. USE OF FISCALINI FIELD:
A. City's Responsibilities:
1. Maintenance of Field: City will maintain the field in good
condition during period of this agreement including maintenance
of grass and field areas.
2. Maintenance of Buildings, Grounds, and Bleachers: 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 the field prior to and lock up after all uses
according to the approved schedule of use as described herein.
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B.
6.
The City reserves the right to determine the playability of the field
and at its sole discretion may close the field.
Use of Club House: City will allow University to use the
clubhouse which includes the manager office, training room,
restrooms and showers.
7.
Use of Scoreboard and P.A. System: After training by City staff,
City will allow University personnel to operate and use the
scoreboard and P.A. amplification equipment.
Use of Snack Bar: City will retain the first right of use of the main
snack bar during all uses of Fiscalini Field. If the City does not
use the snack bar, the University will be allowed to use the facility
during practices and games, provided that use will be in
conformance with any existing lease ofFiscalini Field.
Preparation of Field for Games: City will rake and mark the
field in preparation for games. City will provide all items
necessary for such preparation.
Use of City Sign Panels on the Outfield Fence: City will allow
the University to use the existing sign panels to solicit advertising
in support of Men's Baseball Scholarships at the University.
University will pay the City ten percent (10%) of the fee charged
for each sign used for advertising. City will have final approval
authority for all signs appearing on the outfield fence.
Exclusive Use: The University will have exclusive use ofFiscalini
Field from January - April with the exception of the agreed upon
uses by Valley College and San Gorgonio High School for baseball
tournaments. Any other uses may occur based upon mutual
agreement by the City and the University.
8.
9.
10.
11.
University Responsibilities:
1. Use of Facilities: University will use facilities for baseball
practices and games according to a pre-approved schedule as
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described herein. Facilities to be utilized include the paved
parking lot as well as all facilities within the fenced area of
Fiscalini Field.
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 was when they arrived.
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.
Use of Sign Panels on Outfield Fence: University will use
existing sign panels to solicit advertising in support of Men's
Baseball Scholarships at University. University will solicit
businesses in San Bernardino and Riverside Counties. A fee of
$500 will be charged for each sign. University will produce,
install, and maintain sign as needed. University will pay the City a
fee often percent (10%) for each sign used for advertising.
UNIVERSITY SWIMMING POOL:
A. University's Responsibilities:
1. Pool Operation: The University will manage and operate the pool
on the City's standard summer swim schedule of 9-10 weeks
duration and will assume complete responsibility for the pool
operations during this time. The pool will be open for public use
Monday through Saturday from 1 :00 p.m. to 4:30 p.m.
2. Pool Maintenance: University will maintain the pool in a clean
and safe condition.
2.
3.
4.
3.
Staffing: University will provide and pay for all necessary staffing
to insure the proper supervision and safety of the participants as
specified by industry standards.
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Staffing: University will provide and pay for all necessary staffing
to insure the proper supervision and safety of the participants as
specified by industry standards.
Safety: The University 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.
Public Use: The University will insure that the public will have
designated access to the pool area and to restrooms.
Shower Facility: University will construct a temporary shower
facility near the south gate entrance for use by the public.
Vehicular Traffic/Parking: All vehicles operated on campus are
subject to the California Vehicle Code and University's Vehicular
Traffic Regulations and are restricted to university public access
roads. Public vehicular traffic is not allowed on any inner-campus
roadways or walkways.
a. Vehicles of pool staff and patrons shall be parked in approved
parking lots and shall be subject to University's parking
policy.
b. University agrees to provide free parking for staff.
c. Violators of any parking andlor traffic regulations are subject
to citations and fmes.
d. City shall advise the public of this program verbally and in any
printed materials distributed regarding this program.
OTHER ATHLETIC FACILITIES:
3.
4.
s.
6.
7.
The University agrees, that when requested by City, additional athletic facilities
may be made available upon request to accommodate such City sponsored
programs as youth track and basketball, Special Olympics and Senior Olympics.
Parking: University will maintain the paved parking areas in good
and clean condition for the public's safety.
Lighting: University will provide and maintain sports and security
lighting in all areas to insure the safety of the participants and the
public.
Open and Closing of Facilities: University will provide a staff
person to unlock facilities prior to and to lockup after all uses. The
University reserves the right to determine the usability of facilities
and at its sole discretion may close facilities.
VI. DISCRIMINATION:
A.
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B.
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City's Responsibilities:
1. Maintenance of Facilities: City will take care to keep clean the
athletic facilities utilized during City's use of the facilities.
2. Adherence to University Regulations: City will insure that all
participants, coaches, volunteers, staff and spectators will adhere to
University regulations at all times. University reserves the right to
close facility if requests for compliance to regulations are not met.
University's Responsibilities:
1. Maintenance of Facilities: University will maintain the athletic
facilities in a clean and safe condition.
2.
3.
4.
City and University mutually agree that the activities provided under this
Agreement and all employment offered by City and University under this
Agreement shall be free of discrimination based upon race, color, creed, age, sex,
disability or national origin. City and University shall comply with Affirmative
Action Guidelines in their employment practices.
VII. LIABILITY: UNIVERSITY AND CITY AGREE AS FOLLOWS:
University will save harmless and indemnifY City against all claims, demands,
suits, judgements, expenses and costs of any and every kind, insofar as legally
required, on account of the injury to or death of persons or loss of or damage to
property arising in any manner out of the performance of this Agreement.
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City will save harmless and indemnify the State of California and University
against all claims, demands, suits, judgements, expenses and costs of any and
every kind, insofar as legally required, on account of the injury to or death of
persons or loss of or damage to property arising in any manner out of the
performance of this Agreement. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this agreement shall be
considered as "costs" for the purposes of this paragraph.
VIII. 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 City of San Bernardino
San Bernardino Parks, Recreation and Community
5500 University Parkway Services Department
San Bernardino, CA 92407-2397 547 North Sierra Way
San Bernardino, CA 92410-4816
By
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Procurement & Support Services Officer
Title
vate
vate
Attest:
Approved as to form
and legal content:
By
city Clerk
James F. Penman
City Attorney
By k ),~
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cal state university agreement
07-10-01 dlb
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
'"
P.O. Box 1318. San Bernardino. CA92402
300 North "D" Street. San Bernardlno . CA 92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
August 28, 2001
Procurement & Support Services Officer
California State University San Bernardino
5500 University Parkway
San Bernardino, CA 92407-2397
Dear Sir,
At the Mayor and Common Council meeting of August 20, 2001, the City of San Bernardino
adopted Resolution 2001-263 - Resolution authorizing an agreement between the City of San
Bernardino and California State University providing for cooperative uses of the University's
outdoor athletic facilities and the City's Fiscalini Field, and terminating the previous agreement
under Resolution 97-26.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the agreementfor yourfiles.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by October 19, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
., , . ,-
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Michelle Taylor
Senior Secretary
Enclosure
cc: John A. Kramer, Superintendent of Recreation
CITY 01' SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. ACcOlUltability . Respect for Human Dignity. Honesty
CITY CLERK'S OFFICE
RACHEL G. CLARK, C.M.C. - CrrvCLERK
'"
P.O. Box 1318. San Bernardino. CA92402
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bemardino.ca.us
October 9,2001
Procurement & Support Services Officer
California State University San Bernardino
5500 University Parkway
San Bernardino, CA 92407-2397
Dear Sir or Madam,
At the Mayor and Common Council meeting of August 20, 2001, the City of San Bernardino
adopted Resolution 2001-263 - Resolution authorizing an agreement between the City of San
Bernardino and California State University providing for cooperative uses of the University's
outdoor athletic facilities and the City's Fiscalini Field, and terminating the previous agreement
under Resolution 97-26.
One original agreement was mailed to you on August 28, 200 I. As of the above date, the City
Clerk's Office has not received the executed documents. Please retum the executed agreement
to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as
soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed by
October 19, 2001.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Thank you,
(
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Michelle Taylor
Senior Secretary
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 19,2001
TO:
John Kramer, Acting Director of Parks, Recreation & Community Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-263- Use of Facilities Agreement
CC:
Finance
Attached is a copy of the executed agreement with California State University, San Bernardino
providing for cooperative uses of the University's outdoor athletic facilities and the City's
Fiscalini Field. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
.
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): is- dD'D\ Item # ~A Resolution #
Vote: Ayes II Y-f\ Nays G- Abstain B
Change to motion to amend original documents:
2CX, l - ;;10.3
Absent ::J, '"
Reso. # On Attachments:
/
Contract term:
NulVVoidAfter: 1.00 DA1')) 10-1<1-0\
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Note on Resolution of Attachment stored separately: -==--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
6-'-.;1;)-0\
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Reso. Log Updated:
Seal Impressed:
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Date MemolLetter Sent for Signature:
60 Day Reminder Letter Sent on ~ day:
90 Day Reminder Letter Sent on 45th day:
1$',;>,,-01
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See Attached: / Date Returned: 10 'I <1-0 I
See Attached: L
See Attached:
Request for Council Action & Staff Report Attached: Yes ,,/ No By
Updated Prior Resolutions (Other Than Below): Yes No~ By
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No ~ By
Updated CDC Personnel Folders (5557): Yes No ,/ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No/ By
Copies Distributed to:
City Attorney /
Parks & Rec. ,/
Code Compliance
Dev. Services
EDA
Finance
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: m,...
Date: /0-11-0 I
Revised 01/12/01