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HomeMy WebLinkAboutGilroy Little League - Memorandum of Agreement CITY OF GILROY - GILROY LITTLE LEAGUE MEMORANDUM OF AGREEMENT PURPOSE STATEMENT This Memorandum of Agreement ("MOA") is between the City of Gilroy, a municipal corporation ("CITY"), and Gilroy Little League ("GLL"), an unincorporated association. The intent of this MOA is for GLL to provide certain youth baseball programs on certain sports fields owned by the CITY. Under this MOA, CITY agrees to provide certain sports fields and certain recreation meeting facilities at specified times subject to conditions, and GLL agrees to provide organized youth baseball programs in conformance with National Little League standards, including necessary program support and administration. This MOA is intended to state the parties' respective roles, duties and responsibilities, as follows: 1. EQUIPMENT, FIELDS AND FACILITIES TO BE PROVIDED. CITY will provide the following fields, facilities and equipment to GLL during each "Season," defined as February 1 st through July 15th of each year: a. Baseball fields at the following locations subject to limitations on days and hours of use: i. Christmas Hill Park-three (3) fields; ii. Las Animas Veterans Park-two (2) fields; and iii. Gilroy Sports Park-three (3) fields; b. Notwithstanding (a.) above, such fields will be provided except in the case where facilities are damaged by natural disaster or other unforeseen circumstances beyond the City's control, or are determined by the City to be in a dangerous condition. c. Fields will be provided only during those days and times listed in the Master Reservation Schedule ("Schedule") for a Season, and only after approval by CITY as set forth in Section 8 of this MOA. d. Use of score booths, where available. e. Use of PA systems, where available. f. Use of stage areas (limited). g. Lighting for night play at all fields. CITY-GLL MOA 1 IMDOLlNGERI840099.6 040711-04706092 h. Access to, and maintenance of, park restrooms during normal park hours. i. Use of power to outlets, where available and in accordance with game schedules to be provided by GLL and approved by City. J. Use of snack shack at Gilroy Sports Park only for selling, serving, or distributing food, provided GLL obtains the necessary health permits, City licenses and/or approvals. 2. GLL PROGRAM AND SCHEDULING DUTIES. GLL shall: a. Manage all GLL program activities, including but not limited to promotion, recruitment, registration, volunteers, coaches, parents, employees, contractors, and provision of insurance. b. Maintain open lines of communications with CITY on reservations, scheduling, complaints, park maintenance, vandalism, and promptly respond to City's requests for any information regarding any matter pertaining to this MOA. c. Submit to CITY a preliminary Season schedule by December 1 st for the following Season, followed by a final detailed Master Schedule by March 1st, for CITY's approval. . 3. LIMITED EXCLUSIVE USE. GLL acknowledges that it is sharing public multi- use CITY facilities; GLL will not have the exclusive use of an entire public facility, although it will have exclusive use of specific ball fields for specific times as listed on the approved Master Reservation Schedule. 4. OTHER EVENTS. This MOA does not apply to or include any events or activities co-sponsored by GLL and any entities other than CITY (such as for-profit vendors, instructors, other little league organizations, schools), occurring on CITY facilities. Any such event or activity (such as, tournaments, banquets, car shows, signage removal, fundraisers, and et cetera), shall require a separate application to, and approval by, CITY, and may require additional insurance coverage, releases, and/or fees for additional services such as attendants, security, portable toilets, and other CITY requirements. Notwithstanding the above, this MOA does include: 1) baseball clinics organized by GLL solely for the benefit of GLL participants, which may include GLL's hiring of outside instructors, and subject to field availability; and 2) post-Season baseball games and practices sanctioned by GLL, Little League District 59, and/or Little League Baseball, Incorporated, subject to field availability and prior approval by City. 5. FACILITIES COSTS. a. CITY will provide GLL with ball field facilities as set forth in Section 1 at no cost to GLL. CITY-GLL MOA 2 IMDOLlNGERI840099.6 040711-04706092 b. GLL shall reimburse CITY for 100% of CITY's electricity costs for ball field lighting attributable to GLL's use, based on PG&E billing, within twenty (20) days of invoicing by CITY. c. During the Season, GLL shall provide, maintain and pay 100% of the costs of the following: i. Portable toilets, for Opening Ceremonies and other special events involving large crowds of people, as required by CITY; ii. Home run/outfield fencing, which shall be assembled by GLL, and disassembled and stored by GLL at the end of the Season; iii. Any signage GLL chooses to install, and only upon CITY's prior written approval of sign content, size and placement. 6. GLL'S RESPONSIBILITY FOR DAMAGES. When using CITY facilities for GLL activities covered under this MOA, GLL shall reimburse CITY for facilities and equipment (including lost keys), that are damaged, destroyed, lost or stolen as a direct result of the use, misuse, act or omission of such facility or equipment by GLL or GLL's officers, board members, contractors or baseball participants, (except for damage due to reasonable wear and tear), within twenty (20) days after being billed by CITY. 7. COMMUNICATIONS, CONTACTS, AND SCHEDULING. Prior to each Season, CITY and GLL will designate in writing a primary and secondary contact for reservations, maintenance, improvements, complaints, and the like, who can be contacted during the Season, including after hours and on weekends. The points of contact for the 2011 Season are the following: For City of Gilroy: Primary: Name: Title: Bus.Address: Work Phone: Weekend Phone: Email: Secondary: Name: Title: Bus.Address: Work Phone: Weekend Phone: Email: IMDOLlNGERI840099.6 040711-04706092 Veronica Torrez Recreation Coordinator 7351 Rosanna Street, Gilroy (408) 846-0216 (408) 846-0350 (COM dispatch) Veronica. T orrez@ci.gilroy.ca.us Bill Headley Park Supervisor 7351 Rosanna Street, Gilroy (408) 846-0283 (408) 846-0350 (COM dispatch) Bill. Headley@ci.gilroy.ca.us CITY-GLL MOA 3 For Gilroy Little League: Primary: Name: Title: Address: Home phone: Cell phone: Email: Christie Miranda i'\.. 1:' -r- {)f C 6 Wfi-5. (lx:. AJ \ . ~V-t. Wi . -2 ~,~(LqroZI (' to:is'iJ 3j ?v\\ (;:oj~ V ~(l 2eJ V . ll~-;j- Secondary: Name: Title: Address: Home phone: Cell phone: Email: Gregl1Ferns/q F) /) D 'A.:: 0 L {Ty l 00(5:. I tJ',,-1dv-- ~.O t;O~ 222.. I hi rm+. CL CfSjz( '0 ~~. ~]~Qj1~~~t'-Q?eeltllf<t,e.- 8. Master Reservation Schedule. a. Prior to GLL's use of any facility subject to this MOA, the Master Reservation Schedule must be submitted to CITY for approval. Once approved by CITY, the Schedule is deemed incorporated into this MOA by reference. GLL shall submit to CITY its final proposed Master Schedule by no later than March 1st of each Season. b. GLL shall make best efforts to request Schedule changes as early as possible. Any GLL Schedule changes for games or events that may require lights and electrical support must be made no later than 48 hours prior to the requested date change. Any requested changes after the final Schedule is approved is in CITY's sole discretion. 9. Rosters. Prior to the beginning of each Season, GLL shall provide CITY with a written roster of GLL board members, staff and active volunteers, including names, addresses and telephone numbers for each. 10. Meetings and After-Hour Communication. Every effort shall be made to schedule meetings between CITY and GLL during regular CITY working hours. Necessary contacts for after-hour communications shall be established each season for emergencies and special problems. This shall include each party's notification to the other of facility and program problems. CITY-GLL MOA 4 IMDOLlNGERI840099.6 040711-04706092 11. Park Use Problems. GLL shall promptly inform the appropriate CITY staff and primary point of contact of any damage, vandalism, graffiti, maintenance problems, park use issues, injuries and any complaints regarding CITY facilities. 12. Field Maintenance. a. Standards and procedures for ball field preparation and maintenance: CITY will maintain the ball fields and related park facilities to CITY's normal maintenance safety standards. Although CITY maintenance staff will make some efforts to knock down significant gopher or ground squirrel mounds prior to grass mowing, GLL shall be ultimately responsible for preparing the infield and determining that all infield and outfield areas are safe at time of game play. b. Training: GLL agrees to participate in CITY training regarding facility use and field maintenance and preparation. C. Pre-Season Maintenance: CITY and GLL agree to develop a shared, field- specific maintenance schedule for pre-season maintenance. Two-way communication about all maintenance activity shall by observed by both parties. d. CITY will provide GLL with CITY's maintenance schedule for each facility subject to this MOA. e. Additional Site Maintenance. GLL may perform additional ball field or facility maintenance, over and above what is provided by CITY, but only with the prior written approval of CITY regarding the maintenance to be done, the labor to be provided, and the products and materials to be used (including but not limited to fertilizers). CITY may condition approval of such additional maintenance on additional requirements, including but not limited to, supplemental insurance, releases and waivers from volunteers, business or contractor licenses, vendor approval, and approved written agreements. 13. OUTFIELD FENCES. a. GLL agrees to periodically trim grass off base of outfield fences. GLL agrees to provide CITY with supplemental anchor covers for field fencing for emergency replacements. b. No materials shall be placed on outfield fences that block grass irrigation. C. GLL assumes responsibility for maintenance of anchor covers and anchor turf location when outfield fences are removed. CITY-GLL MOA 5 IMDOLlNGERI840099.6 040711-04706092 d. GLL agrees to contract with City approved vendors with appropriate licenses and insurance. e. Fence Assembly and Removal - GLL shall assemble/install the outfield fences no more than two weeks prior to the beginning of the Season. No later than two weeks after the last field use of the Season, but not later than July 15th, GLL shall disassemble and store the outfield fences. 14. PORTABLE TOILETS. a. When portable toilets are required, GLL will contract with a CITY-approved vendor with appropriate licenses and insurance. b. GLL will provide the CITY with the contact information of the approved and contracted vendor, a maintenance service schedule, vandalism reports, vandalism response plan and approved delivery and removal dates. C. GLL will supervise the proper placement of portable toilets, at locations to be determined and directed by CITY. 15. OTHER VENDORS AND SERVICES. GLL agrees to contract with only CITY- approved vendors, agents and contractors (such as food concessions), which comply with CITY license, insurance, and other CITY requirements. 16. FACILITY IMPROVEMENTS. When requesting facility changes and/or improvements, GLL shall follow all standard CITY design development processes, which may include pre-design review, the CITY's Technical Advisory Committee (liT AC") review, planning, engineering, building and fire marshal review. 17. INSURANCE. a. At no cost to CITY, GLL shall obtain and maintain throughout the term of this MOA and any amendment thereto Comprehensive Liability Insurance, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. Such insurance shall name the City of Gilroy, its officers, and employees, as additional insureds, and shall require thirty (30) days written notice to the City of Gilroy of policy lapse or cancellation, or of a material change in policy terms. As a condition precedent to CITY's obligations under this MOA, GLL shall furnish CITY with evidence of such insurance coverage, prior to the start of each Season. b. If GLL has employees who will provide services related to this MOA, then GLL will provide CITY with proof of Worker's Compensation insurance, as required by California Labor Code S 3700 et seq. C1TY-GLL MOA 6 IMDOLlNGERI840099.6 040711-04706092 C. GLL shall ensure that all contractors, vendors, suppliers and other sub- organizations engaged by GLL to provide services at or to any facility covered under this MOA shall be licensed and insured, and such insurance shall name the City of Gilroy, its officers, and employees, as additional insureds. 18. SECURITY. A. CITY will issue the necessary keys to GLL. B. GLL will be fully responsible for door key/padlocks control. C. GLL shall return issued keys at the end of each Season. D. GLL agrees not to copy CITY keys, and to return keys from past GLL board members, volunteers, field maintenance employees, and any other person in GLL who has a key. E. CITY will issue necessary alarm codes to GLL President and GLL designees. F. GLL shall provide the CITY with a list of GLL alarm code holders. G. GLL shall be responsible for alarm code control. H. CITY shall change the GLL specific alarm code annually. Additional alarm changes may incur a fee. I. GLL shall reimburse the CITY for any excessive false alarm fees received from public safety related to GLL use. J. GLL shall conduct background checks on coaches and umpires prior to each Season, and prior to each Season, GLL shall provide the CITY with a letter on GLL letterhead, signed by a GLL officer, notifying the CITY that such background checks have been completed. K. Vehicles of program participants (field maintenance persons, coaches, referees, contractors and volunteers), may only park on baseball fields or infield areas as necessary for temporary loading and unloading. At all other times, they must park in designated facility parking areas. 19. ADVERTISING. a. Advertising related to the activities covered by this MOA may include posting and distribution of signs, flyers, posters, announcements, newspaper articles, internet and social media posting, and banners. b. All flyers and signage to be posted on CITY property must be submitted to CITY for its prior approval as to content, size, and posting location at least five (5) CITY business days prior to posting. C. All advertisements for GLLlCITY sponsored events taking place on CITY facilities that are to be published (either in written or electronic media), CITY-GLL MOA 7 IMDOLlNGERI840099.6 040711-04706092 must be submitted to CITY for its prior approval as to content, size, and advertising media at least five (5) CITY business days prior to publication. d. Permanent and long term signage, such as sponsor signs, flyers, banners and field signs, must be submitted to CITY for its prior approval as to content, size, and posting location at least five (5) CITY business days prior to posting. e. All care and maintenance of GLL signage shall be the responsibility of GLL. GLL shall promptly remove temporary flyers, and shall promptly repair, replace or remove damaged or vandalized signs. 20. CONDUCT. Conduct of GLL officials, participants, spectators, volunteers, coaches, employees, vendors and parents during facility use shall adhere to the published GLL Code of Conduct, a copy of which shall be filed with CITY. 21. MOA TERM AND TERMINATION. A. This MOA shall be reviewed and mutually agreed upon annually in writing prior to the anniversary date of the MOA. B. Any changes to this MOA shall require the written approval of both parties. C. Either party may terminate this MOA with or without cause. If GLL terminates without cause, it shall give CITY no less than 30 days' prior notice. If CITY terminates without cause, it shall give GLL at least 60 days' prior notice, but once a Season has begun, the termination shall not be effective until the end of the Season. D. Notice of termination shall be sent to the CITY Recreation Director or designee, and to the President of GLL or designee, as well as the primary point of contacts for each organization. GILROY LITTLE LEAGUE (to be signed by two cu rent GLL officers) BY: / [signature] ~ S;:e~ [print name] jJ~a (lJ?,u-r-[title] , 0-2-/ -20) I . Date: q,~06 Date: IMDOLlNGERI840099.6 040711-04706092 ATTEST: Mf~ lerk ..' y . JtIJJjIF~R. I<..AJO<.J~ . DC. r Lt 't-\-; e. q--Ll e cE R..K- CITY-GLL MOA 8 ( ! [signature] ~name] Approved as to form: ',<:~~'..e~ Linda A. Callon City Attorney BY: i t/1 ~ ~.f, h Ll Date: 1!U4U [title] Return to: City of Gilroy Recreation Department 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0460 CITY-GLL MOA 9 IMDOLlNGERI840099.6 040711-04706092