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HomeMy WebLinkAbout11- Parks, Recreation & Community Services CITY OF SAN BERNAR INO - REQUEST FOP COUNCIL ACTION From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Dept: PARKS, RECREATION & COMMUNITY SERVICES SAN BERNARDINO VALLEY COLLEGE PROVIDING FOR THE COOPERATIVE USES OF THE COLLEGE'S Date: OCTOBER 19, 1993 ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD. Synopsis of Previous Council action: None. Recommended motion: Adopt Resolution. Si at e Contact person: John A. Kramer Phone: 5031 Supporting data attached: Staff Report, Agreement & Resolution Ward: FUNDING REQUIREMENTS: Amount: -0- Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Aqenda Item No.!z CITY OF SAN BERNAR, NO - REQUEST FOROUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY COLLEGE PROVIDING FOR THE COOPERATIVE USES OF THE COLLEGE'S ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD. The City and San Bernardino Valley College have worked cooperatively since 1978 to accommodate facility needs to meet the College's and the public's interest. The City has been provided the use of the College's athletic facilities for Special Olympics youth track and basketball and most recently Senior Olympics. The College has utilized Fiscalini Field as home site for the men's baseball team tournaments. 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 1996. This agreement is identical to the City's reciprocal agreement with California State University, San Bernardino. Approval is recommended. (cal.univ-city fac) 10/18/93 5-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO VALLEY COLLEGE 4 PROVIDING FOR THE COOPERATIVE USES OF THE COLLEGE'S ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Director of Parks, Recreation and 8 Community Services Department of the City of San Bernardino is 9 hereby authorized to execute an agreement with San Bernardino 10 Valley College providing for the cooperative uses of the 11 College's athletic facilities and the City's Fiscalini Field. 12 SECTION 2 . The authorization granted hereunder shall 13 expire and be void and of no further effect if the agreement is 14 not executed by both parties and returned to the office of the 15 City Clerk within sixty (60) days following the effective date of 16 the resolution. 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San 19 Bernardino at a meeting thereof, held on the 20 day of 1992 by the following vote, to 21 wit: 22 23 24 25 26 27 10/19/93 -1- 28 1 RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY COLLEGE FOR USE OF ATHLETIC 2 FACILITIES AND FISCALINI FIELD. 3 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLUM 10 MILLER 11 12 13 Rachel Krasney, City Clerk 14 The foregoing resolution is hereby approved this of 1993 . 15 16 17 Tom Minor, Mayor 18 City of San Bernardino Approved as to form 19 and legal content: 20 James F. Penman 21 City Attorney 22 By. 23 24 25 26 27 cal state-fac pool/field-u 28 10/19/93 -2- CITY OF SAN BERNARDINO SAN BERNARDINO VALLEY COLLEGE USE OF FACILITIES AGREEMENT This Agreement, by and between San Bernardino Valley College ("College") and the City of San Bernardino ("City") , provides for the College's use of Fiscalini Field, owned by the City, for the period commencing November 1, 1993 and terminating December 30, 1996 and for the City's use of the College's athletic facilities for the period commencing November 1, 1993 and terminating December 30, 1996 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 College agrees to charge no fees for use of the athletic facilities. II. USE OF FISCALINI FIELD: A. City's Responsibilities: 1. Maintenance 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 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 staff person to unlock field prior to and to lock up after all uses according to the approved schedule of use as described herein. The City reserves the right to determine the playability of the field and at its sole discretion may close the field. -1- 6. Use of Snack Bar: City will allow College 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: College will rake and mark the field in preparation for games. College will provide all items necessary for such preparation. B. COLLEGE'S RESPONSIBILITIES: 1. Use of Facilities: College will use facilities for baseball tournaments and games according to a pre-approved schedule as described herein. Facilities to be utilized include the paved parking lot as well as all facilities within the fenced area of Fiscalini Field. 2 . Maintenance of Facilities: College will keep clean and remove litter and debris from the stadium, club house, dugouts and field area during College's use of the field. When the snack bar is used, the College will maintain it and leave it in as good a condition as it is when they arrive. 3 . Adherence to City Regulations: College will insure that all players, coaches, staff and spectators 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. COLLEGE ATHLETIC FACILITIES: A. CITY'S RESPONSIBILITIES: 1. Use of Facilities: City will use facilities for community sports events to include, but not limited to youth track and basketball , Special Olympics and Senior Olympics according to a pre-approved schedule as described herein. 2 . Maintenance of Facilities: City will take care to keep clean the athletic facilities utilized during City's use of the facilities. 3 . Adherence to college Regulations: City will insure that all participants, coaches, volunteers, staff and spectators will adhere to college regulations at all times. College reserves the right to close facility if requests for compliance to regulations are not met. -2- B. COLLEGES RESPONSIBILITIES: 1. Maintenance of Facilities: College will maintain the athletic facilities in a clean and safe condition. 2 . Parking: College will maintain the paved parking areas in good and clean condition for the public's safety. 3 . Lighting: College will provide and maintain the lighting in the stadium and in all areas to insure the safety of the participants and the public. 4 . Open and Closing of Facilities: College will provide a staff person to unlock facilities prior to and to lockup after all uses according to the approved schedule of use described herein. The college reserves the right to determine the usability of facilities and at its sole discretion may close facilities. C. PARKING/VEHICULAR TRAFFIC: The City staff members and all public users will be accommodated reasonably for parking through the availability of on-campus parking without charge. College reserves the right to restrict parking to particular lots. All vehicles operated on campus are subject to the California Vehicle Codes and the College's vehicular traffic regulations. Staff and patrons shall restrict vehicle operations to approved parking lots 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 contested at the San Bernardino Courts. City shall advise the public of this information verbally and in any printed materials distributed regarding this program. IV. DISCRIMINATION City and College mutually agree that the activities provided under this Agreement and all employment offered by City and College under this Agreement shall be free of discrimination based upon race, color, creed, age, sex, -3- disability, or national original . City and College shall comply with affirmative action guidelines in their employment practices. V. LIABILITY: College and City agree as follows: College will save harmless and indemnify City against all claims, demands, suits, judgements, 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 College against all claims, demands, suits, judgements, 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. VI. AMENDMENTS TO THE AGREEMENT: This agreement may only be changed by written amendment signed by authorized officials of City and College. No oral agreements shall be binding or of any effect on either party. San Bernardino Valley College City of San Bernardino 701 North Mount Vernon Avenue 547 North Sierra Way San Bernardino, CA San Bernardino, CA 92410 92410 Signature Signature Title Title Date Title 10/7/93 sbvc.useofac-u -4-