HomeMy WebLinkAbout10-03-2013 Council Agenda Item 1-CCity OJ ,~~~~...~I/{;;,
r .....~.;;;;:::!;""'~••~REPORT TO THE CITYCOUNCIL AGENDA ITEM NO.
COUNCIL MEETING
APPROVED BY
PEPARTMENT DIRECTOR
Ie
10103/13
October 03, 2013
CITY MANAGE
FROM:
BY:
SUBJECT:
BRUCE A. RUDD,Director
Parks,After School,Recreation and Community Services Department
KAREN M.NORRIS,Administrative Manager ~
Parks,After School,Recreation and Community Services Department
APPROVE A THREE YEAR LICENSE AGREEMENT WITH CALIFORNIA
INTERSCHOLASTIC FEDERATION (CIF)FOR USE OF WOODWARD PARK FOR A
CROSS COUNTRY SPECIAL EVENT TWO DAYS PER YEAR
RECOMMENDATIONS
Staff recommends approval of the License Agreement with California Interscholastic Federation (CIF) for the
use of Woodward Park for two days each year for the State High School Cross Country Championship in
calendar years 2013 through 2015.
EXECUTIVE SUMMARY
In 2009, the Fresno Sports Council, on behalf of the City of Fresno, was awarded a six (6) year agreement to
host the California State High School Cross Country Championships in Woodward Park for 2010 through 2015.
A fully executed agreement between the two parties was never processed.The purpose of this license
agreement is to formalize the terms and requirements of the rernainmq three years of the agreement.
BACKGROUND
The California Interscholastic Federation is authorized by the California state legislature to govern high school
athletics.CIF is a non-profit organization that administers high school athletic programs and enforces rules
relating to a student's involvement in athletics.The CIF conducts regional and/or state CIF championships in
cross country, volleyball,basketball,football, golf, track and field,wrestling,soccer and tennis.
During the construction of Woodward Park in the late 1970's Fresno State coach Red Estes helped develop a
cross country course for five mile, 5,000 meter and 10,000 meter races. For 35 years, the City of Fresno has
hosted major cross country events for elementary,middle and high schools,community colleges and state
universities.
The CIF Cross Country Championship races have been held each year at Woodward Park since November,
1987. The races are held on the Friday and Saturday of the Thanksgiving holiday weekend in November of
each year.
Clf Three Year License Agreement
October 03, 2013
Page 2
FISCAL IMPACT
According to the Fresno/Clovis Convention and Visitors Bureau,historically,over 10,000 attend the event and
1,100 hotel room nights are booked for an annual economic impact of $350,000. This event is held the
weekend after Thanksgiving,which is typically a slow time for area hotels.Entrance Fees into Woodward Park
and facility rental fees are waived by the City during the event and the City pays a $5,000 stipend and $7,100
for personnel costs annually to elF.
Attachment:License Agreement
LICENSE AGREEMENT
SPECIAL EVENT-WOODWARD PARK
(CITY OF FRESNO -CALIFORNIA INTERSCHOLASTIC FEDERATION)
THIS LICENSE AGREEMENT (this "Agreement")is dated this __day of
-r--r-r-v-r-r-«2013,and is entered into by and between the CITY OF FRESNO,a municipal
corporation organized and existing under the laws of the State ofCalifornia ("City"),and
CALIFORNIA INTERSCHOLASTIC FEDERATION ("CIF"),a California corporation,
AGREEMENT
In consideration ofthe mutual promises,covenants,and agreements herein
contained,the parties hereto,intending to be legally bound,hereby agree as follows:
I. CfF,as an independent contractor.sbalI manage and operate Woodward
Park located at 7775 N.Friant Road,Fresno CA (t'Park")during the Event. In such capacity,
Clf shall have exclusive authority over the operations at the Park for purposes ofthe Event.
CfF shall provide such services consistent with the standards for performance ofservices in this
Agreement,and where not expressed herein.in accordance with generally accepted industry
standards.In no event shall CIF hold itself out as. act as,or be the agent of, City.without the
City's express written authority to do so.
2. CIF will be responsible for managing all operations and production of
Event.CIF will be responsible for leaving the park in the same condition as it was received,
excluding normal wear &tear.
3. On event dates.CIF shall have access to the Park from 5:00 a.m. to 7:00
p.m.
4. Events: CIF is licensing usc ofthe Park for the purpose ofthe State High
School Cross Country Championship on the following dates:November 29 and 30, 2013;
November 28 and 29. 2014;November 27 and 28, 2015;
5. Fees and Costs:
Per bid proposal by the City submitted to CIF in October 2003 and renewed in 2010,the City
will waive all Rental Fees for facilities within Woodward Park for the event.The City will also
waive vehicle entrance fees for the event dates. CIF and local meet management may charge
entries fees, with proceed going to the CIF.
There will be no Vendor Fees charged by the City for Clf vendors,nor does the City intend to
sell any items offood for profit on the days of the event.
City ofEI6~~I,.I~\I!~
rn!il;;~;'i!j~,,~
The City ofFresno will reimburse the CIF up to, but not to exceed S12,J00 per year for
personnel expenses incurred at these events.
6.Clf will be required to supply all required security officers deemed
necessary by the Fresno Police Department.
7.Clf shall comply with all terms ofthe applicable Conditional Use Permit
("CUP"),laws,liquor licenses,City Ordinances.and written City policies in effect at the time of
the Event.
8. Indemnification.
To the furthest extent allowed by law,Clf shall indemnify,hold harmless and defend the City
and each of its officers.officials.employees,agents and volunteers from any and all loss,
liability,fines,penalties,forfeitures.costs and damages (whether in contract,tort or strict
liability,including but not limited to personal injury,death at any time and property damage)
incurred by City.Licensee or any other person.and from any and all claims,demands and
actions in law or equity (including attorney's fees and litigation expenses),arising or alleged to
have arisen directly or indirectly out ofthe performance ofthis License Agreement.Licensee's
obligations under the preceding sentence shall apply regardless ofwhether City of any of its
officers,officials,employees,agents or volunteers are negligent,but shall not apply to any loss,
liability,fines,penalties,forfeitures.costs or damages caused solely by the gross negligence,or
caused by the willful misconduct ofthe City or any of its officers,officials,employees,agents or
volunteers.
If CIF should subcontract all or any portion of the work to be performed under this Agreement,
including.but not limited to, the operations and productions of Event,CIF shall require each
subcontractor to indemnify,hold harmless and defend City and each of its officers.officials.
employees,agents and authorized volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
9.Insurance.Throughout the life ofthis Agreement,CrF shall pay for and
maintain in full force and effect all policy(ies)of insurance required hereunder with (an)
insurance company(ics)either (1)admitted by the California Insurance Commissioner to do
business in the State ofCalifornia and rated not less than "A-VII"in Best's Insurance Rating
Guide.or (2)authorized by the City's Risk Manager or his/her designee.The following policies
of insurance arc required:
A.COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as
Insurance Services Office (ISO)form CG 00 Oland shall include insurance for "bodily
injury","property damage" and "personal and advertising injury",including premises and
operation,products and completed operations and contractual liability with limits of
liability ofnot less than $1,000,000 per occurrence for bodily injury and property
damage.$1.000,000 per occurrence for personal and advertising injury,$2,000,000
aggregate for products and completed operations <.md S~~Q9Q,OOO g~.!J-~fal aggregate,
2
Cltv ot~61::~.j'!i~I~
I"""nlll:;i~;~~&~~
B.COMMERCIAL AUTOMOBILE LIABILITY insurance which shallbeat leastas broad
as the most current version ofInsurance Service Office (ISO)Business Auto Coverage
Form CA 00 01, and include coverage for all owned, hired. and non-owned automobiles
or other licensed vehicles (Code I ~Any Auto)with limits of liability ofnoI less than
$1,000,000 per accident for bodily injury and property damage.
C LIQUOR LIABILITY insurance ( if applicable) which shall be at least as broad as the
most current version of Insurance Services Office (ISO) Liquor Liability Coverage Form
CG 00 33, with limits of liability of not less than $1,000.000 per occurrence and
$2,000,000 aggregate for bodily injury and property damage. The responsibility for this
coverage may be assigned (0 a concessionaire or vendor.
D.WORKERS'COrvfPENSATION insurance as required under the California Labor Code.
E.EMPLOYERS'LIABILITY insurance with minimum limits of$I,000.000 each accident,
$1.000,000 disease each employee and $1,000,000 disease policy limit.
In the event CIF purchases an Umbrella or Excess insurance policy(ies) to meet the minimum
limits of insurance set forth above. this insurance policy(ies) shall "follow form'' and afford no
less coverage than the primary insurance policy(ies).
CIF shall be responsible for payment of any dcductiblcs contained in any insurance policies
required hereunder and Licensee shall also be responsible for payment of any self-insured
retentions.Any dcductibles or self-insured retentions must be declared to, and approved by, the
City'S Risk Manager or his/her designee. At thc option of the City's Risk Manager or his/her
designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City, its officers,officials. employees, agents and volunteers: or (ii)
Licensee shall provide a financial guarantee,satisfactory to City's Risk Manager or his/her
designee,guaranteeing payment of losses and related investigations.claim administration and
defense expenses. At no time shall City be responsible for the payment of any dcductibles or
self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
day written notice in favor ofthe City,of policy cancellation, change or reduction ofcoverage,
except for the Workers'Compensation policy which shall provide a ten (10) day written notice
ofsuch cancellation,change or reduction ofcoverage. In the event any policies are due to expire
during the term ofthis Agreement,a new certificate evidencing renewal ofsuch policy shall be
provided not less than fifteen (15) days prior to the expiration date of the expiring policy(ies).
Upon issuance by the insurer, broker. or agent of a notice ofcancellation,change or reduction in
coverage, Licensee shall file with the City a certified copy of the new or renewal policy and
certificates for such policy.
The General Liability, Commercial Automobile Liability and Liquor Liability insurance policies
shall be written on an occurrence form and shall name the City, its officers,officials,agents,
employees and volunteers as an additional insured. Such policy(ies)ofinsurance shall be
endorsed so CIF'S insurance shall be primary and no contribution shall be required of the City.
,.,
City oflEelE~l.l!h;W~
rnli;~lli~%'<it,~
Any Workers'Compensation insurance policy shall contain a waiver ofsubrogation as to the
City and each of its officers.officials.employees.agents and volunteers.
Clf shall furnish the City with the certilicatc(s)and applicable endorsements for ALL required
insurance two (2)weeks prior to any scheduled Event. The failure to furnish the City with the
ccrtificatc(s)and applicable endorsements for ALL required insurance t\VO (2)weeks prior to any
scheduled Event,or to maintain the required insurance during the scheduled Event, shall be
sufficient cause for the City to terminate this Agreement.
The fact that insurance is obtained by ClF shall not be deemed to release or diminish the liability
ofCIF,including,without limitation,liability under the indemnification provisions of this
Agreement.The duty to indemnify City and its officials,officers.employees,agents and
volunteers shall apply to all claims and liability regardless of whether any insurance policies are
applicable.The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CIF.Approval or purchase ofany insurance contracts or policies shall in no way
relieve from liability nor limit the liability ofCIF or any subcontractors.
Upon request ofCity,Clf shall immediately furnish City with a complete copy ofany insurance
policy required under this Agreement,including all endorsements,with said copy certified by the
underwriter to be a true and correct copy oftile original policy.This requirement shall survive
expiration or termination of this Agreement.
If CIF should subcontract all or any portion of the subcontract all or any portion of the work to
be performed under this Agreement,including.but not limited to, the operations and productions
of Events,Clf shall require each subcontractor to provide insurance protection in favor of CITY
and each of its officers.officials,employees,agents and authorized volunteers in accordance
with the terms of this section,except that any required certificates and applicable endorsements
shall be on file with CONSULTANT and CITY two (2)weeks prior to the commencement of
any work by the subcontractor.
10.Authority and Approval.All parties hereto have the requisite power and
authority to execute,deliver and perform this Agreement,and all actions of each such party,
necessary for such execution,delivery and performance have been duly taken.
11.Counterparts.This Agreement may be executed in any number of
counterparts,each of which shall for all purposes be deemed an original.and all such
counterparts shall together constitute but one document.
12.Governing Law.This Agreement shall be governed by and construed in
accordance with the laws of the State of California.Venue shall be Fresno County.
13.Termination.This Agreement shall terminate immediately at the
scheduled conclusion ofthe Events.This Agreement shall also be immediately terminated should
CIF fail to comply with the terms ofthis Agreement,including the terms of the CUP.Sections 8
and 9 ofthis Agreement shall survive the termination or expiration of this Agreement.
4
City of~e~~&I~I~
rn~~;"i~,j~~
J4.Amendment.This Agreement may not be amended or modified except in
writing signed by each of the parties to this Agreement.This Agreement shall be construed as to
its fair meaning and not strictly for or against either party. The headings hereofarc descriptive
only and not to be construed in interpreting the provisions hereof.
15.Assignment.Cll" may not assign its rights under this Agreement without
the written consent ofCity,which consent may be withheld at City's sole and absolute
discretion.
16. Prior Agreements.This Agreement constitutes the entire agreement oftile
parties with respect to the subject mutter hereofand supersedes all prior and agreements and
understandings concerning the subject mutter hereof.
[SIGNATURES APPEAR ON NEXT PAGE]
IN WITNESS WHEREOF,the parties have executed this AGREEMENT [0 he effective as of
the date first above written.
5
CITY:
CITY OF FRESNO,
a municipal corporation
By:_
Name:_
Title:_
Date:~
ATI'EST:
YVONNE SPENCE CMC
City Clerk
By:--------
Date:~_
APPROVED AS TO FORM
DOUGLAS T SLOAN
City Attorney
By:c:---=~,--------Deputy City Attorney
Date:_
6
Date:_-'L,£-"-.:::,L"","""-__
By:-g~;tt:>€s'
Name:K""",lcJ 4,),Dkeeth
Title:JjS~0c-i{,.,(~~
Date 2hll1~~~-