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HomeMy WebLinkAbout27-Parks and Recreation Cll . OF SAN BERNARDI 0.. REQUE T FOR COUNCIL ACr ON From: Annie F. Ramos, Director Subject: RESOLUTION AUTHORIZING AN AGREEt1ENT WITH SAN BERNARDINO BASEBALL CLUB TO PERFORt.1 BALLFIELD MAINTENANCE AND PREPARATION AT FISCALI~ Dept: Parks, Recreation & Community Services Date: September 9, 1988 Synopsis of Previous Councilection: January 1987: Resolution authorizing an agreement for use of Fiscalini Field by San Bernardino Baseball Club. Recommended motion: Adopt the Resolution. . ~ ]--7?- 51g aturt Contlet perlon: Ann i e F. Ramos Staff Report Supporting data attached: Phone: 5030 N/A Ward: FUNDING REQUIREMENTS: Amount: $5,325 Source: (ACCT. NO.) 001-382-53150 (ACCT. DESCRIPTION) Parks Division Contractual Services Fln.nc.:J~ f)r-v---- Council No...: 8'1 ;6 HV Z I 1)0 88&1 '~UO'HIWQY.. 'Q.~iH 71.0111 Agend. Item No. ~ 7 CI-. _ OF SAN .ERNARDI.. ~ - REQUE, r FOR COUNCIL AC1 1N RESOLUTION AUTHORIZING AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB TO PERFORM BALLFIELD MAINTENANCE AND PREPARATION AT FISCALINI FIELD. STAFF REPORT The 1987 agreement with the San Bernardino Baseball Club requires the City to be respon- sible for routine maintenance of Fiscalini Field including "cleaning the public rest- rooms...and all aspects of playing field maintenance". This obligation entails a variety of tasks and duties that essentially require a minimum of 3 staff to perform between 3:00 PM and 11:00 PM on a game day. The normal routine on a game day requires that the field be prepared by 4:00 PM prior to batting and infield practice. The field needs to be re-dragged and chalked, the batting practice apparatus removed and the infield hosed down inmediately prior to the start of the game. At the seventh inning stretch, the field is again dragged, hosed and chalked. At the conclusion of a game, the batters box, pitcher's mound and base paths are raked and packed. During the course of a game, the public restroomsshould be serviced regularly. This entails restocking of dispensers and emptying of trash receptacles. The Parks Division was budgeted to provide this service with part time staff. Prior to July 1, 1988, the hourly rate for these staff was $3.50/hour and the cost was $84.00 per game. with the change in minimum wage, the part time rate increased to $4.25 or $102.00 per game. Prior to the 'start of the 1988 season the department explored with the Spirit management the transfer of these Qbligations. The department's objective was two fold: to reduce costs and to insure the highest quality of field care. By allowing the Spirit to assume field preparation they were able to engage someone with greater skills and expertise than the department could provide at minimum wage. The agreement calls for a payment of $75.00 per game or $5,325 for the season. This represents a savings to the City of $27.00 per game or $1,917 per season. The Park Division's budget for 1988-89 was adjusted accordingly to reflect these arrangements. The City Attorney's office was asked to prepare a resolution and agreement prior to the start of the 1988 season. Due to a backlog of work and higher priorities however, it was not completed until now. Approval of th~ agreement is reconmended. 9/9/88 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, 3 INC., TO PERFORM BALLFIELD PREPARATION AND MAINTENANCE AT FISCALINI FIELD. ' 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City "' 8 an agreement with SAN BERNARDINO BASEBALL CLUB, INC. to perform 9 ballfield preparation and maintenance at Fiscalini Field, a copy 10 of which is attached hereto marked Exhibit "A" and incorporated 11 herein by r.eference as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Commori Council of the City of San Bernardino at a meeting thereof, held on the , 1988, by the following vote, to 14 15 day of 16 wit: 17 AYES: 18 19 NAYS: 20 21 22 23 ABSENT: City Clerk / / / / / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys October 11, 1988 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION . . . Af"ttEEMENT WITH sr~ BERNARDINO BASEBALL CLUB, INC. . . . BALLFIL ) PREPARATION ~. J MAINTENANCE AT FISCALINl FIELD. 1 The foregoing resolution is hereby approved this 2 3 4 5 day of Approved as to form 6 a Legal Content: /) 7 HE/dys October 11, 1988 , 1988. Evlyn Wilcox, Mayor City of San Bernardino 2 1 A G R E E MEN T 2 THIS AGREEMENT is made and entered into this day of , 1988, by and between the CITY OF SAN BERNARDINO, a 3 4 municipal corporation, (hereinafter referred to as "City"), and 5 SAN BERNARDINO BASEBALL CLUB, INC., a California corporation, 6 (hereinafter referred to as "Contractor"), 7 WHEREAS, City and Contractor have previously entered into 8 an agreement dated January 15, 1987, relating to the use of 9 Fiscalini Field: and 10 WHEREAS, City and Contractor wish to enter into this 11 agreement to provide the highest level of ballfield preparation 12 and maintenance services at Fiscalini Field in the most 13 economical method: 14 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 16 1. General Description Of Work To Be Done. City hereby engages Contractor, and Contractor hereby 15 17 accepts such engagement, to perform the services herein described 18 for the compensation herein provided. Contractor hereby assures 19 and covenants to City that it has the qualifications, experience 20 and facilities to properly perform said services, and hereby 21 agrees to undertake and complete the performance. thereof for the 22 compensation herein provided. 23 24 2. Term. The term of this agreement shall commence April 8, 1988, 25 and end September 15, 1989. This agreement may be extended on a 26 one year basis for a maximum of one year upon the express 27 written consent ofConttactor to such extension and the approval 28 HE/dys October 11, 1988 1 1 thereof by the Director of Parks, Recreation and Community 2 Services Department of the City of San Bernardino. 3 3. PaYment And Provision For PaYment. 4 A. Maximum Compensation 5 (1) Maximum total compensation to be paid under 6 this agreement shall be FIVE THOUSAND THREE HUNDRED TWENTY-FIVE 7 DOLLARS ($5,325.00). PaYment to Contractor for services provided 8 under this agreement shall be at the rate of SEVENTY-FIVE DOLLARS 9 ($75.00) per game for seventy-one (71) regular season games 10 pursuant to the Official California League Schedule. No 11 additional maintenance costs shall be charged to the City without 12 prior approval. 13 B. Manner of Compensation 14 (1) Contractor shall maintain and file with the 15 Parks, Recreation and Community Services Department a record of 16 games worked. 17 (2) The Parks, Recreation and Community Services 18 Department shall submit a claim or request for paYment based on 19 such record to the Finance Department in such manner that 20 Contractor shall be paid monthly. 21 (3) Contractor shall assume and pay all out-of- 22 pocket expenses and costs of performing services under this 23 agreement except as otherwise specifically provided herein, and 24 City shall not be liable for any such costs and expenses. 25 4. General Description Of Work To Be Done By Contractor. 26 City hereby retains Contractor to perform ball field 27 preparation and maintenance services at Fiscalini Field according 28 HE/dys Octoper 11, 1988 2 10 11 12 1 to the following schedule and conditions: 2 SCHEDULE AND CONDITIONS FOR WORK TO BE PERFORMED BY CONTRACTOR 3 Work To Be Performed Schedule 4 Matt drag Float Scarify Pitchers mound make up Batters boxes make up Lining field Batters cage Pitchers screen Attendant care of restroom Remove and replace trash can liners Field touch up Before each game As needed As needed Before each game Before each game Before each game Each game Each game During each game During each game During each game 5 6 7 8 9 1. The above work shall be accomplished between 6:00 later than two (2) hours after completion of game. Recreation and Community Services Department will be advance of any,requirement for additional work hours. A.M. and no The Parks, notified in 2. Any debris developed during game use will be disposed of by 13 removing it to the 30 cubic yard roll off trash bin south of the ballfield. 14 The City will pay the contract maintenance costs at the rate of 15 SEVENTY-FIVE DOLLARS ($75.00) per game with the present limit of seventy-one (71) regular season uses for a total of FIVE THOUSAND 16 THREE HUNDRED TWENTY-FIVE DOLLARS ($5,325.00) for the period of the contract maintenance. No additional maintenance costs shall 17 be charged to the City without prior approval. In the event that All Star or playoff games are hosted at Fiscalini Field, 18 additional dates for service may be included at the rate of SEVENTY-FIVE DOLLARS ($75.00) per game. 19 20 5. General Description Of Work To Be Done By City: City hereby agrees to perform the following schedule and 21 conditions for work: 22 23 24 SCHEDULE AND CONDITIONS FOR WORK TO BE PERFORMED BY CITY PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Schedule Work To Be Performed 25 Mowing outfield Mowing infield Edging Weedeating Fertilization Bleacher/hardscape Blowing/washing Weekly Bi-weekly Weekly Weekly Quarterly Following each game 26 27 28 HE/dys October 11, 1988 3 ---- 1 B1eacher/hardscape Hot water washing homestand Spraying - turf and weed control Turf aerification Turf renovation Turf leveling Turf reseeding Irrigation check Irrigation repair Parking lot litter Policing of litter Trimming/pruning Weeding/raking shrub beds Restroom cleaning Prior to each 2 Monthly Quarterly Annually Annually Annually Weekly As needed Daily Daily Annually, as needed Daily Prior to and following each event As needed 3 4 5 6 7 8 9 Sodding 1. All of the above scheduling may be altered as needed to 10 provide the best conditions for the use of field. 11 2. Any of the above maintenance that needs to have the frequency changed may be adjusted by contacting the Parks, Recreation and 12 Community Services Department representative. 13 3. City employees will be scheduled to work Monday through Friday and on use basis. When the field is scheduled for night 14 use the hours for City employees will be 7:00 A.M.-3:30 P.M. When the field use is scheduled for day use or early evening and 15 weekends the work hours will be adjusted to complete all required tasks one (1) hour prior to game time. 16 4. All work, other than routine scheduled maintenance, shall be 17 approved by the Parks, Recreation and Community Services Department representative prior to the work being commenced. 18 Approved special work will begin on the next work day after approval unless there are materials and/or equipment which must 19 be ordered. 20 6. Amendments. 21 This agreement may be amended or modified only by written 22 agreement executed by both parties. 23 7. Assignment. 24 Contractor's rights under this agreement shall not be 25 assigned by Contractor to any other person, firm or corporation 26 without the prior written consent of the City. 27 28 8. Relationship Of Parties. HE/dys October 11, 1988 4 1 Contractor is acting as an independent contractor, and not 2 as an employee of the City. In the performance of personal 3 services pursuant to the provisions of this agreement, Contractor 4 shall not be supervised, directed, or under the control or 5 authority of any City officer or employee, except and to the 6 extent as may be expressly or implicitly required by the terms 7 and provisions of this agreement. Any direction or control so 8 required under this agreement shall be limited to broad 9 objectives or goals of the project or program to be accomplished 10 and not to the details and procedures to accomplish such 11 objectives or goals. Contractor shall not be obligated to 12 conform to the supervision or direction of City officers or 13 employees which are not authorized herein. changes or 14 modifications of said objectives and goals may be made by written 15 recommendations of either party subject to the concurrence of the 16 other party in writing. 17 9. Hold Harmless. 18 Contractor hereby agrees to, and shall, hold City, its 19 elective and appointive boards,. commissions, officers, agents and 20 employees, harmless from any liability for damage or claim for 21 damage for personal injury, including death, as well as from 22 Contractor's operations under this agreement. Contractor agrees 23 to, and shall defend and indemnify City and its elective and 24 appointive boards, commissions, officers, agents and employees 25 from any suit or actions at law or in equity for damages caused 26 or alleged to have been caused by reason of Contractor's 27 performance hereunder including any claims that may arise against 28 HE/dys October 11, 1988 5 1 City by reason of Contractor's legal relationship with City being 2 categorized as other than that of an independent contractor. 3 4 10. Attorneys' Fees. In the event an action is filed by either party to enforce 5 rights under this agreement, the prevailing party shall be 6 entitled to recover reasonable attorney's fee in addition to any 7 other relief granted by the court. 8 11. Termination By City. 9 Notwithstanding any other provision of this agreement, the 10 City, by notifying Contractor in writing, may terminate all or a 11 portion of the services agreed to be performed under this 12 agreement with or without cause. Contractor shall be given five 13 (5) days' written notice for failure of Contractor to perform 14 obligations under the contract in a satisfactory manner, and 15 thirty (30) days' written notice if termination is for other 16 reasons. Notice shall be by mail posted to the address set forth 17 herein for the receipt of notices. All charges outstanding at 18 the time of .termination shall be payable by the City to 19 Contractor within thirty-five (35) days following submission of 20 final statement by the Contractor. 21 12. Acceptance of Final PaYment Constitutes Release. 22 The acceptance by Contractor of the final payment made 23 according to the terms of this. agreement shall operate and be a 24 release to the City, and every employee and agent thereof, from 25 all claims and liabilities to Contractor for anything done or 26 furnished for or relating to the work or services, or for any act 27 or failure to act of the City relating to or arising out of work 28 HE/dys October 11, 1988 6 1 and this agreement. 2 13. Notices. 3 Any notice required to be given hereunder shall be deemed 4 to have been given by depositing said notice in the United states 5 mail, postage prepaid, and addressed as follows: 6 7 8 9 CITY CONTRACTOR Director Parks, Recreation & Community Services 547 N. Sierra Way San Bernardino, CA 92401 San Bernardino Baseball Club, Inc. Fiscalini Field P. O. Box 30160 San Bernardino, CA 92413 10 14. Reference to Previous Contract: 11 This agreement is subordinate to that former agreement 12 dated January 15, 1987 by and between City and Contractor 13 relating to the use of Fiscalini Field, except that this 14 agreement supersedes Section 27, Staffing and Cleanup, and 15 Section 30, Maintenance and Repair, of the former agreement only 16 in reference to ballfield preparation and maintenance services. 17 15. Entire Agreement. 18 This contract constitutes the entire agreement between City 19 and Contractor and may be modified only by further written 20 agreement between the parties. 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys October 11, 1988 7 1 IN WITNESS WHEREOF,.this agreement has been executed by the 2 parties effective as of the date and year first above written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California City Clerk By Mayor SAN BERNARDINO BASEBALL CLUB, INC. By General Manager Approved as to form and Legal Content: /1 22 23 24 25 26 27 28 HE/dys October 11, 1988 8