HomeMy WebLinkAboutItem 5b. Approve a 5-Year Use Agreement with San Luis Baseball Alliance (SLO Blues) for use of Sinsheimer Baseball Stadium Item 5b
Department: Parks and Recreation
Cost Center: 7002
For Agenda of: 11/14/2023
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Devin Hyfield, Parks & Recreation Manager
Brendan Pringle, Business Analyst
SUBJECT: APPROVE A 5-YEAR USE AGREEMENT WITH SAN LUIS BASEBALL
ALLIANCE (SLO BLUES) FOR USE OF THE BASEBALL STADIUM AT
SINSHEIMER PARK
RECOMMENDATION
Authorize the Mayor to execute a Use Agreement with the San Luis Obispo Baseball
Alliance, LLC (SLO Blues) for the San Luis Obispo Baseball Stadium at Sinsheimer Park
for 2023 to 2028.
POLICY CONTEXT
The City of San Luis Obispo Partnership and Foundation Policy states that “City
resources can be used in partnership with others to create opportunities for otherwise
unfeasible projects or programs.” SLO Blues has a long-standing relationship with the
City and is recognized as a community partner under this definition. In addition, SLO
Blues provides a clear and measurable community benefit in alignment with the City’s
Major City Goal of “Economic Resiliency, Cultural Vitality and Fiscal Sustainability.”
DISCUSSION
Background
Since its opening in the mid-1960’s, the San Luis Obispo Baseball Stadium (Sinsheimer
Stadium) has been the home to a variety of baseball organizations , including a college
summer baseball team (the SLO Blues).
The San Luis Obispo Baseball Alliance, LLC, operates as SLO Blues under the guidance
and direction of owner Adam Stowe. The San Luis Obispo Baseball Alliance, LLC,
obtained the legal right to the “SLO Blues” baseball name and logo; however, legally, it is
not the same business. On December 15, 2009, Council agreed to a new one -year
agreement with SLO Blues that included an option for a long-term extension, which the
City exercised, thereby allowing use of the stadium by the SLO Blues for the 2010-2015
seasons. Upon expiration of the 2009 agreement, the City entered into an agreement for
the 2015-2021 seasons, with extension options for the 2022 and the 2023 seasons.
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Item 5b
SLO Blues has demonstrated a highly competent and community-focused management
staff and has excellent relations and communication with the City and other stadium users
each year. SLO Blues has complied with all past facility use agreements and rental
payment plans with the City and is requesting another long-term use agreement for the
Sinsheimer Stadium.
Request for Long-Term Use of the Stadium
The most recent stadium use agreement extension with the SLO Blues, which aligns to
their season, expired on September 1, and City staff and SLO Blues are requesting to
finalize a long-term agreement prior to the 2024 season. In order for the team to market,
promote, and schedule games, a long-term use agreement is beneficial to both the SLO
Blues and the City. The SLO Blues request for a long-term agreement allows for adequate
preparation of its long-range strategic business and marketing plans.
Staff recommends continuing the City’s relationship with SLO Blues via the facility use
agreement. The SLO Blues have demonstrated a consistent and positive working
community relationship and are an accommodating organizati on to the City and other
adult and youth local baseball organizations.
CONCURRENCE
The City Attorney’s Office concurs with the recommendation.
ENVIRONMENTAL REVIEW
The item is categorically exempt from provisions of the California Environmental Quality
Act (CEQA) described in Section 15301 (Existing Facilities) of the CEQA Guidelines
because it consists of the operation, permitting and licensing of an existing facility that
involves no expansion of said facility.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2023-24
Funding Identified: N/A
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
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Item 5b
SLO Blues utilizes the Sinsheimer Stadium from May through August and has game
attendance ranging from 825 to 2,000 with a seasonal attendance of 30,000. Under the
agreement, SLO Blues will be charged the current City facility rental fee , with fees
adjusted annually. The current facility fee charges are anticipated to be approximately
$22,000 annually under this agreement; expected revenue to the City is included in the
Parks and Recreation budgets for the duration of the 2023 -25 Financial Plan. As
Sinsheimer Stadium is categorized as a multi-use facility utilized by a variety of
community sports groups, as well as City programs, the Parks and Recreation and Public
Works staff will continue to supervise and maintain the Stadium activities.
ALTERNATIVES
Issue a Year-to-Year Agreement Extension. This would allow for the SLO Blues to
continue operations and run their programs. However, a short-term agreement would limit
the team’s, as well as the City’s, ability to coordinate and promote their programs due to
uncertainty of use for the following seasons.
ATTACHMENTS
A – Draft Use Agreement with SLO Blues for use of Sinsheimer Stadium
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SLO BASEBALL ALLIANCE
FOR CITY SINSHEIMER BASEBALL STADIUM
This Agreement made and entered into on by and between the CITY
of San Luis of San Luis Obispo, hereinafter “CITY,” and San Luis Obispo Baseball Alliance, LCC,
hereinafter referred to as “PERMITTEE”.
RECITALS
WHEREAS, CITY is the owner and operator of Sinsheimer Baseball Stadium, hereinafter
“FACILITY” and
WHEREAS, in accordance with the provisions of the San Luis Obispo Municipal Code, the CITY,
within its discretion, allows for the use of the FACILITY by interested persons and groups, both public
and private; and
WHEREAS, the parties hereby agree they shall carry out this agreement in good faith, and in a
manner that demonstrates professionalism, respect and accountability.
WHEREAS, PERMITTEE, seeks to schedule baseball games, tournaments, and clinics at the
FACILITY.
NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and
conditions herein set forth, CITY and PERMITTEE mutually agree and covenant as follows:
1. TERM
The term of this agreement shall be for a period of five (5) years from the date entered. The terms
of the Agreement may be extended for two (2) years.
2. USE APPLICATION
2.1 This agreement applies to the use of FACILITY and the adjacent barbeque area only. The use of
the FACILITY is for regulation baseball games and clinics only.
2.2 Non-exclusivity. Use of the FACILITY and adjacent Sinsheimer parking lot by PERMITTEE is not
exclusive.
2.3 Cancellations. Any cancellation of permitted FACILITY use must be submitted in writing,
including email, ten (10) days in advance to give Park Maintenance weekly planning updates.
2.3.1 Failure to utilize a permitted date at Sinsheimer Stadium will result in PERMITTEE
being charged a maintenance fee per occurrence.
2.4 Opening the FACILITY. The PERMITTEE will be provided GK-2 keys for access to the FACILITY.
Quantity of keys will be discussed in accordance with Section 4.1 between CITY and
PERMITTEE. Access is granted to the field, BBQ, seating area, concession stand and press box.
2.5 FACILITY Hours. Sinsheimer Park closes at 10:00 PM per CITY ordinance. No new inning may
begin thirty (30) minutes prior to park closure.
2.6 Bounce House. PERMITTEE maybe allowed to use the area outside the Stadium located near
the first base side gate access, for placement of a bounce house during their permitted use
times. Final location of the bounce house will be at the discretion of the CITY Parks
Maintenance Division Supervisor.
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3. FEES
3.1 All FACILITY fees are based on CITY of San Luis Obispo’s Fee Schedule as is subject to change
per CITY Council direction.
3.2 Rental fees associated with the use of the FACILITY are due no later than thirty (30) days after
the final permitted rental date of the FACILITY.
4. OPERATION AND MANAGEMENT PLAN
4.1 Preseason Meeting. CITY Recreation Manager will schedule a meeting with PERMITTEE and
CITY Parks Maintenance Division Supervisor sixty (60) to ninety (90) days prior to first
permitted FACILITY use date.
4.2 Field Preparation Needs. No later than fourteen (14) to thirty (30) working days prior to the
first scheduled game, PERMITTEE shall submit in writing to the CITY Parks Maintenance Division
Supervisor its field preparation needs; pre-season and during season. PERMITTEE may incur
additional cost if determined that the CITY will need to perform additional field preparations
for the PERMITTEE beyond those completed during the normal work hours.
4.2.1 PERMITTEE may opt to complete its own field preparation. Access to the playing field
will be permitted as outlined in the FACILITY use permit prior to scheduled game times.
PERMITTEE will be required to have a point of contact for all field maintenance issues
and will be required to attend a field preparation training offered by Parks
Maintenance, if determined.
4.3 Special Events. All special event activities that utilize the FACILITY shall comply with the current
CITY special event application process. PERMITTEE must abide by the terms set forth in Special
Events Agreement per occurrence.
4.4 Public Safety Plan. Where the fire code official determines that outdoor gathering of persons
has an adverse impact on public safety through diminished access to buildings, structures, fire
hydrants, and fire apparatus access roads or where such gatherings adversely affect public
safety services of any kind, the fire code official shall have the authority to order the
development of or prescribe a public safety plan that provides an approved level of public
safety and address the following items:
4.4.1 Emergency vehicle ingress and egress.
4.4.2 Fire protection.
4.4.3 Emergency egress or escape routes.
4.4.4 Emergency assembly areas.
4.4.5 Public assembly areas.
4.4.6 The directing of both attendees and vehicles, including the parking of vehicles.
4.4.7 Vendor and food concession distribution.
4.4.8 The need for the presence of law enforcement.
4.4.9 The need for fire and emergency medical services personnel.
4.4.10 The need for a weather monitoring person
4.5 Use of Banners. PERMITTEE has permission to place advertising banners in the FACILITY for the
term of the permitted use. Installation of banner shall be coordinated with CITY Parks
Maintenance Division Supervisor.
4.5.1 Definition of Banner. Advertising banners are defined as cloth or vinyl material
attached to fence (or other designated areas) in accordance with CITY Parks
Maintenance Staff. Banners along the fence are not to exceed 6 feet in height by 16
feet in length. Dugout banner type and length subject to approval from with CITY Parks
Maintenance Division Supervisor.
4.5.2 Banner Postings. Banners may be posted in the FACILITY annually beginning the first of
May through the permitted move-out date.
4.5.3 Banner Fees. In-lieu of paying the City directly for banners, the PERMITTEE is required
to provide a donation to the CITY determined by the number of banners and the
associated cost based upon size of the banners (banner fees are $25.00 for banners up
to 4'X8'; and $50.00 for banners over 4'X8 '). Donation can be in the form of facility
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upgrades and/or contributions equal to the value of the banner program.
4.5.4 Installation and Damage. Banner installation must be made in a manner acceptable to
the Parks Maintenance Supervisor. PERMITTEE is responsible for any damage caused as
a result of banner installation. The CITY reserves the right to have any banners
removed if deemed inappropriate. If CITY finds banners present after the conclusion of
the permitted dates, those items will be removed without notice to PERMITTEE and
PERMITTEE shall bear all associated costs with removal.
4.5.5 Special Signage. Signs are defined as any material other than cloth or vinyl. If
PERMITTEE desires advertising signs other than banners, a formal request must be
forwarded to the Parks and Recreation designee two weeks prior to the desired date of
installation. Permission to install signage is at the discretion of the Parks Maintenance
Supervisor upon review of the request and shall follow installation guidelines set forth
by Public Works.
4.6 Storage. PERMITTEE has permission to place the following storage containers:
4.6.1 Two (2) permanent twenty (20) foot unmarked storage units year-round.
4.6.2 One (1) temporary seasonal sixteen (16) foot unit to be placed in an area behind the
left field backstop or to be determined by the CITY Parks Maintenance Division
Supervisor.
4.6.3 One (1) ten by ten (10x10) foot non-permanent structure and storage closet place
behind the right field bullpen annually.
No alcohol is allowed to be stored in these unit(s). PERMITTEE may store concession items,
except alcohol, in the concession/press box building and storage unit, subject to availability of
storage and County Health regulations. Items are stored at the PERMITTEE's own risk. If
PERMITTEE wishes to store additional items on site, written permission from CITY must be
obtained in advance.
4.7 Cleaning of FACILITY. PERMITTEE shall ensure that the FACILITY, including the concession stand
and press box, is neat, clean, and in sanitary condition and the SLO Baseball Stadium User
Checklist is completed and submitted to City at the conclusion of each event.
4.7.1 CITY will schedule a cleaning of the concession stand and press box area prior to the
permitted move-in date per season.
4.8 Portable Restrooms. The CITY shall provide portable restrooms from a licensed vendor for the
right and left field foul areas for players to use and portable restrooms within the FACILITY as
determined during the preseason meeting. The increased cost to the CITY shall be covered by
users and will be billed based upon percentage during the season of scheduled stadium usage.
For any special event activities, additional portable restrooms must be provided.
5. SECURITY
5.1 PERMITTEE shall be responsible for procuring and paying for security personnel from a private
security agency for the purpose of monitoring the stadium area, alcohol sales and consumption
and outside parking lot.
5.2 CITY, at its sole discretion, may require additional security personnel per permitted use. Should
circumstances dictate the need for additional security, PERMITTEE shall provide such upon
written request to the CITY.
5.3 Security personnel shall be on duty one (1) hour prior to game time and stay one (1) hour after
the completion of the game.
5.4 CITY is not responsible for providing supervision of attendees per permitted use. However, CITY
may evict individuals from the permitted use if their conduct is not in the best interest of the
public or is deemed to be detrimental in any way.
6. AMENITIES
6.1 Alcohol Concessions. PERMITTEE shall not keep alcoholic beverages inside the FACILITY
premises overnight. PERMITTEE also agrees to contact the CITY Parks Maintenance Division
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Supervisor for written authorization to locate any portable structures used to sell alcohol inside
the FACILITY. Two (2) single locked beverage trailers are approved for the use at FACILITY for
the season:
6.1.1 One (1) adjacent to the left field gate in the Sinsheimer Parking lot for the season.
6.1.2 One (1) adjacent to the right field gate along the turf area next to the FACILITY.
Vehicles and/or trailers used for concessions must be parked in the parking lot near the third
base stairway. PERMITTEE shall comply with all rules and regulations of the California
Department of Alcohol Beverage Control and obtain any required permits prior to engaging in
the sale of alcoholic beverages. At least thirty (30) working days prior to the first scheduled
game, PERMITTEE shall obtain permission to sell alcoholic beverage from the Parks &
Recreation Department; such permission may be denied if proof of adherence to applicable
California Department of Alcohol Beverage Control rules and regulations is not demonstrated.
Permission to sell alcohol can be revoked for violations of the terms of the agreement, or as a
result of any inappropriate actions by PERMITTEE's representatives in conjunction with the
distribution of alcohol. Revocation of the right to sell alcohol can be made by either the CITY or
the California Department of Alcohol Beverage Control. Relocation of the beverage trailer may
be required during CITY special events.
6.2 Electrical Hookup for Trailer. The CITY shall provide an electrical hookup at the bottom of the
third base stairway for the PERMITTEE's concession trailer. In-lieu of paying the CITY directly
for the electrical hookup utility, the PERMITTEE is required to provide a donation to the CITY
determined for the associated cost of the electrical hookup in the amount of $10 for each day
of use. Donation can be in the form of facility upgrades and/or contributions equal to the value
of the electrical hookup.
6.3 Food Vendors. All vendors shall be subject to an inspection by the CITY Fire Department prior
to the start of the season. Each vendor must have a completed Fire Department Special Event
Permit in their possession during the inspection. PERMITTEE must also have an event staff
member available to assist the Fire Inspector with their inspections. PERMITTEE is required to
contact the Fire Department at 805-781-7386 to confirm inspection arrangements prior to the
start of the season.
6.3.1 Food must be protected from airborne particles and PERMITTEE is responsible for
ensuring food handlers are masked while serving at the permitted events.
6.3.2 PERMITTEE is responsible for ensuring that the vendors at the permitted uses comply
with California Health and Safety Code’s regulations for food vendors. PERMITTEE may
contact SLO County Health at 805-781-5544 to obtain requirements for temporary
food facilities and necessary permits.
7. SUSTAINABILITY REQUIREMENTS
7.1 In accordance with Municipal Code Sections 8,06, 8.07, and 8.09 of the Health and Safety plan,
the PERMITTEE shall not:
7.1.1 Sell/distribute single-use plastic bottles or cups for the permitted uses.
7.1.2 Distribute plastic straws, unless upon request.
7.1.3 Provide disposable food containers that are not biodegradable, compostable, or
recyclable. The use of disposal food containers made from expanded polystyrene is
prohibited.
7.2 In accordance with Integrated Waste Management Authority Ordinance 2008-3, PERMITTEE
must provide sufficient garbage and recycling services, including organics.
7.3 CITY Parks Maintenance Division Supervisor will establish garbage and recycling service
requirements. PERMITTEE and the Parks Maintenance Division Supervisor shall discuss the
following:
7.3.1 Sufficient Service: The number and size of cans needed for each permitted use will be
determined by the Parks Maintenance Division.
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7.3.2 Additional Service: If additional cans and service are required per the Parks
Maintenance Supervisor, PERMITTEE is responsible for arranging service via San Luis
Garbage (805-543-0875).
7.4 It is the PERMITTEE’s responsibility to monitor solid waste and recycling source separation
practices for the permitted uses to prevent contamination of bins.
8. PARKING REQUIREMENTS
8.1 Parking Plan. PERMITTEE shall provide a written parking plan for heavily impacted dates noting
bike valet services, alternative parking, and steps to minimize parking impacts.
8.2 Parking Monitoring. PERMITTEE shall provide at least one parking monitor in addition to the
security personnel, before, during and after all scheduled games. The Parking Monitor's
responsibility is to see that vehicles are legally parked in designated spaces and keep all fire
lanes open in accordance with Fire Codes and Regulations.
8.3 PERMITTEE acknowledges that use of the adjacent parking lot is non-exclusive and serves
surrounding facilities such as Sinsheimer Park and Sinsheimer Pool. In consideration of these
other uses, PERMITTEE shall encourage players and staff to park in locations other than the
parking lot during games and/or carpool to reduce the number of parking spaces rendered
unavailable to other users of the FACILITY and surrounding areas.
8.4 If any disabled parking is covered by the beverage trailer, additional disabled parking near the
stadium must be made available.
8.5 Gate Access (Vehicles beyond the gate). Up to two (2) Authorized vehicles are permitted to
park beyond the park gates per event occurrence. Other pre-authorized vehicles are approved
for deliveries only for a maximum of 15 minutes.
9. BIKE VALET REQUIREMENTS. In accordance with Design Guidelines Policy 7.14 of the Active
Transportation Plan, PERMITTEE must provide bike valet services in compliance with the
requirements below per scheduled use:
9.1 Space: Provide a space that is enclosed and secured on three sides (“Corral”). The fourth side
of the Corral shall consist of a table for checking in bicycles. The Corral shall be placed at an
easily accessible and visible location, preferably at the entrance gate to the event, or another
location approved by CITY staff.
9.2 Hours: Hours of operation of the bike valet must be at least one hour prior to the scheduled
game hours and conclude upon completion of the scheduled game.
9.3 Advance Promotion: The availability of the bike valet service shall be noticed on all promotion
including print, website, radio, and social media. Notice shall consist of the phrase “Free Bike
Valet.” Bike valet info must be provided whenever any kind of transportation or directional info
is advertised for the scheduled season.
9.4 Handling/Care of Bicycles: The bike valet area must be monitored at all times. Valet staff must
handle the receiving and returning of bicycles. Valet staff must also have a system in place for
keeping track of the owners of bicycles and their contact info (in case the owner does not pick
up the bike). Tracking is usually accomplished with a sign-in sheet and numbering system with
claim check tickets. A sufficient number of staff must be provided, and that number will vary
depending on whether attendees arrive all at one time or are staggered over a period of time.
Valet staff must record the number of bicycles parked at the event and be able to provide the
number to CITY staff.
9.5 Theft/Loss: PERMITTEE shall be responsible for any loss or theft to checked bikes.
11. DAMAGES. PERMITTEE accepts the condition of the FACILITY as is. PERMITTEE shall be
responsible for any damage to the FACILITY beyond normal wear and tear. The CITY must be
notified of any damage to equipment within one day of its occurrence.
12. ALTERATIONS. PERMITTEE is not authorized to make any other alterations to the FACILITY
other than those outlined in this agreement without prior written authorization from the CITY
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Parks Maintenance Division Supervisor.
13. INSURANCE & INDEMNIFICATION
Indemnification. PERMITTEE shall defend, indemnify, save, and hold harmless the CITY, its city
council, members of board and commissions, its officers, agents, employees and volunteers (“herein
for the purposes of this provision collectively referred to as “AGENCY”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, losses, costs, expenses or damages,
including liability for injuries or illnesses to any person, or persons or damage to property arising out
of or in any way connected with PERMITTEE’S use of the FACILITY. PERMITTEE’s duties hereunder
include, but are not limited to, claims, allegations, or liabilities, in whatever form, arising from
breach of contract, bodily injury, economic loss, death, personal injury, property damage, loss of
use, or property loss. The PERMITTEE’s obligation to indemnify, defend and hold harmless includes,
but is not limited to, any liability or expense, including defense costs and legal fees, arising from the
negligent acts or omissions, or willful misconduct of PERMITTEE, its officers, employees, agents,
participants, representatives, or vendors. It is further agreed, PERMITTEE’s obligations to indemnify,
defend and hold harmless will apply even in the event of concurrent active or passive negligence on
the part of AGENCY except for liability resulting from the sole negligence or willful misconduct of
AGENCY relating to PERMITTEE’s use of the FACILITY under this AGREEMENT. In the event the
AGENCY is made a party to any action, lawsuit, or other adversarial proceeding arising from
PERMITTEE’s use of the FACILITY encompassed by this AGREEMENT, and upon demand by AGENCY,
PERMITTEE shall have an immediate duty to defend the AGENCY at PERMITTEE’s cost or at AGENCY’s
option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs
incurred in the defense of such matters.
Insurance. PERMITTEE shall maintain insurance in conformance with the requirements set forth in
this section and Exhibit A (attached hereto and incorporated herein by reference). PERMITTEE will
use existing coverage to comply with these requirements. If that existing coverage does not meet
the requirements set forth herein, PERMITTEE agrees to amend, supplement, or endorse the
existing coverage to do so.
PERMITTEE acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available to PERMITTEE
in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss,
claim or demand, will be equally available to CITY.
CITY reserves the right to require additional insurance coverage(s) not specified in this section, if, in the
sole discretion of the CITY, such additional coverages are necessary to protect the CITY.
14. ANNUAL AGREEMENT REVIEW
Once each year, before the start of the ball season, PERMITTEE and CITY representatives will meet
on site to review the requirements of the agreement, identify contacts, establish priority usage of
FACILITY for PERMITTEE league, and review any problem areas for the prior year. CITY will initiate
such meetings working with PERMITTEE to arrive at a reasonably convenient time for both parties.
15. SAFETY
PERMITTEE shall conform to the rules and regulations pertaining to safety established by OSHA and
the California Division of Industrial Safety.
Whenever PERMITTEE operations create a condition hazardous to the public or CITY employees, it
shall, at its expense and without cost to the CITY, furnish, erect and maintain such fences,
temporary railings, barricades, lights, signs and other devices and take such other protective
measures as are necessary to prevent accidents or damage or injury to the public and employees.
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16. COMMUNICATIONS
16.1. CITY Point of Contact. The Recreation Manager is the CITY representative that PERMITTEE
shall contact for all issues related to the use of the FACILITY and the operation of this
Agreement. All contacts must be in writing, including email. If the Recreation Manager
cannot be reached, the Parks and Recreation Director may be contacted.
16.2. PERMITTEE Point of Contact. Adam Stowe is the San Luis Obispo Baseball Alliance the CITY
shall contact for all issues related to the FACILITY and operation of this Agreement. All
contacts must be in writing, including email.
16.3. Written Notice. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
CITY: Parks & Recreation Department
Attn: Devin Hyfield, Recreation Manager
1341 Nipomo Street
San Luis Obispo, CA 93401
dhyfield@slocity.org
PERMITTEE: San Luis Obispo Baseball Alliance
Attn: Adam Stowe
3591 Sacramento Dr, STE 114
San Luis Obispo, CA 93401
adam@bluesbaseball.com
17. TERMINATION
Either party may terminate the Agreement for convenience, provided 30 days written notice is given.
The Agreement may be terminated by either party for cause, provided that written notice has been
given in the manner specified herein stating the reasons for the intended termination and providing
the other party at least 10 days to cure any alleged breach. If the party receiving notice fails or refuses
to cure the alleged breach within 10 days, or to make substantial progress toward cure to the
satisfaction of the parting demanding cure, this Agreement may be terminated 10 days after receipt of
the notice as specified herein.
18. AUTHORITY TO EXECUTE AGREEMENT.
Both CITY and PERMITTEE do covenant that each individual executing this agreement on behalf of
each party is a person duly authorized and empowered to execute Agreements for such party.
19. COMPLIANCE WITH LAW.
The PERMITTEE shall keep him/her/itself informed of State and Federal laws and regulations which in
any manner affect those employed by it or in any way affect the performance of its service pursuant to
this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations.
The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of
the Contractor to comply with this Section.
20. GOVERNING LAW.
The CITY and PERMITTEE understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement. Any litigation concerning this Agreement shall take place in San Luis
Obispo County Superior Court, regardless of other courts with jurisdiction over the matter.
21. BUSINESS LICENSE AND TAX.
The PERMITTEE shall maintain a valid CITY of San Luis Obispo business license & tax certificate when
applicable before execution of the contract. Additional information regarding the CITY’s business license
and tax program may be obtained by calling (805) 781-7134. Should the business tax license expire
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during the term of the FACILITY use permit, PERMITTEE shall present proof of license renewal on or
before the due date of the license in order to continue use of the FACILITY for the remainder of FACILITY
use permit.
22. ASSIGNMENT. The PERMITTEE shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the CITY.
23. NON-DISCRIMINATION.
23.1. There shall be no discrimination against or segregation of any person or group of persons on
account of race, religion, sex, sexual orientation, national origin or ancestry, age, physical, mental
or economic status in the operation, lease, use, occupancy, tenure or enjoyment of the FACILITY
or the improvements thereon, or any part thereof, and PERMITEE, or any person claiming under
or through it, shall not establish or permit any such practice of discrimination or segregation with
reference to the selection, location, number, use or occupancy of employees, contractors,
subcontractors, laborers, or material men, tenants, lessees, subtenants, sublessees, invitees or
vendees of the FACILITY or the improvements thereon, or any part thereof.
23.2. PERMITTEE shall not restrict access or use of the FACILITY or the improvements thereon,
or any portion thereof, on the basis of race, religion, sex, sexual orientation, national origin or
ancestry, age, physical, mental, or economic status of any person.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
By: By:
Teresa Purrington, City Clerk Erica Stewart, Mayor
APPROVED AS TO FORM: PERMITEE – San Luis Obispo Baseball Alliance, LLC
By: By:
Christine Dietrick, City Attorney
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EXHIBIT A INSURANCE
General liability insurance. PERMITTEE shall maintain commercial general liability insurance with coverage at
least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence,
$4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract”
language will not be accepted.
Liquor liability insurance. PERMITTEE shall maintain full liquor liability insurance coverage in an amount
not less than $1,000,000 per occurrence, $2,000,000 general aggregate.
Athletic Participant’s Medical Expense. Sports associations or events with athletic participants shall provide
evidence of athletic participant's medical expense coverage to respond to athletic participant's injuries. This
coverage may be part of commercial general liability coverage.
Other provisions or requirements
Proof of insurance. PERMITTEE shall provide certificates of insurance to CITY as evidence of the insurance
coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to
commencement of the use of the FACILITY. Current certification of insurance shall be kept on file with CITY at all
times during the term of this AGREEMENT. CITY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Duration of coverage. PERMITTEE shall procure and maintain for the duration of the AGREEMENT insurance
against claims for injuries to persons or damages to property, which may arise from or in connection with the use
of the FACILITY hereunder by PERMITTEE, its agents, representatives, employees, or volunteers.
Primary/non-contributing. Coverage provided by PERMITTEE shall be primary and any insurance or self-insurance
procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein
may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to
protect it as a named insured.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be
endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and
volunteers, or shall specifically allow PERMITTEE or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. PERMITTEE hereby waives its own right of recovery
against CITY and shall require similar written express waivers and insurance clauses from each of its sub-
PERMITTEEs.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the
Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the
State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY.
Enforcement of contract provisions (non estoppel). PERMITTEE acknowledges and agrees that any actual or
alleged failure on the part of the CITY to inform PERMITTEE of non-compliance with any requirement imposes no
additional obligations on the CITY nor does it waive any rights hereunder.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not
comply with these specifications or is canceled and not replaced, CITY has the right, but not the duty, to obtain
the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by PERMITTEE. In
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the alternative, CITY may cancel this AGREEMENT.
Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the PERMITTEE maintains higher limits than the minimums shown above, the
CITY requires and shall be entitled to coverage for the higher limits maintained by the PERMITTEE. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the
CITY.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance
with these requirements if they include any limiting endorsement of any kind that has not been first submitted to
CITY and approved of in writing.
Notice of cancellation. PERMITTEE agrees to oblige its insurance agent or broker and insurers to provide the City
with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or
nonrenewal of coverage for each required coverage. If any of the PERMITTEE’s insurers are unwilling to provide
such notice, then PERMITTEE shall have the responsibility of notifying the City immediately in the event of
PERMITTEE’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies, as
applicable, shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and
volunteers shall be additional insureds under such policies. Prohibition of undisclosed coverage limitations. None
of the coverages required herein shall comply with these requirements if they include any limiting endorsement
of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that
PERMITTEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the insurer’s limits of liability. The policies shall not contain any cross-liability exclusions.
Pass through clause. PERMITTEE agrees to ensure that its subconsultants, subcontractors, and any other party
who is brought onto or involved in the project/service by PERMITTEE (hereinafter collectively “subcontractor”),
provide the same minimum insurance coverage and endorsements required of PERMITTEE. PERMITTEE agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. However, in the event PERMITTEE’s subcontractor cannot
comply with this requirement, which proof must be submitted to the City, PERMITTEE shall be required to ensure
that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of
exposure involved with subcontractor’s scope of work and services, with limits less than required of the
PERMITTEE, but in all other terms consistent with the PERMITTEE’s requirements under this agreement. This
provision does not relieve the PERMITTEE of its contractual obligations under the agreement and/or limit its
liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to
provide PERMITTEE with the ability to utilize a subcontractor who may be otherwise qualified to perform the work
or services but may not carry the same insurance limits as required of the PERMITTEE under this agreement given
the limited scope of work or services provided by the subcontractor. PERMITTEE agrees that upon request, all
agreements with subcontractors, and others engaged in the project, will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the PERMITTEE ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the PERMITTEE, the City and
PERMITTEE may renegotiate PERMITTEE’s compensation.
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Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the
right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof
of ability to pay losses and related investigations, claim administration, and defense expenses within the retention
through confirmation from the underwriter.
Timely notice of claims. PERMITTEE shall give City prompt and timely notice of claims made or suits instituted
that arise out of or result from PERMITTEE’s performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
Additional insurance. PERMITTEE shall also procure and maintain, at its own cost and expense, any additional
kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the
Work.
CITY reserves the right to require additional lines of insurance, such as:
1. Sexual abuse/molestation insurance. PERMITTEE shall procure and maintain sexual abuse and molestation
liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. This
coverage may be part of commercial general liability coverage, professional liability coverage, or a separate
policy.
2. Other. If PERMITTEE contracts with a third-party service provider (e.g., caterer), PERMITTEE will require the
service provider to procure and maintain at its sole cost and expense comprehensive general liability insurance
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and if applicable, liquor
liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or other
lines of coverage CITY requires. Both CITY and PERMITTEE shall be endorsed as additional insureds.
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