HomeMy WebLinkAboutSLOYouthBasell Agreement 2018-2020SLO Youth Baseball Agreement – Rev 1/18 Page 1 of 6
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SLO YOUTH
BASEBALL FOR CITY DIAMOND FIELDS
This Agreement, made and entered into on by and between the City
of San Luis Obispo, hereinafter “CITY,” and SLO YOUTH BASEBALL, hereinafter
referred to as “PERMITTEE”.
RECITALS
WHEREAS, CITY is the owner and operator of the following diamond fields:
a.Stockton Baseball Field, located in Sinsheimer Park,
b.French Youth Baseball Field, located in French Park
c.Throop Park Youth Baseball Field, located in Throop Park
d.Islay Park Youth Baseball Field, located in Islay Park
e.Sinsheimer Park Baseball Stadium, located in Sinsheimer Park
located within the City of San Luis Obispo, 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, including Babe Ruth and Cal Ripken leagues, seeks to
schedule baseball practices and games 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 two (2) years from January 1, 2018 to December 31,
2020. The terms of the Agreement may be extended for two two-year term upon mutual
written agreement of the parties.
2.USE APPLICATION
2.1 PERMITTEE will submit a bi-annual field allocation request for use of FACILITY each
April and October. Use must include proper dates and times per FACILITY.
2.2 PERMITTEE will receive priority scheduling for FACILITY, dates and times due to
assistance of field maintenance at CITY FACILITY.
2.3 As the season progresses, PERMITTEE must submit an updated schedule of practice and
game times and release any dates not in use.
2.4 As applies to Sinsheimer Stadium, a schedule of games set to be played at the Stadium
must be submitted seven (7) days prior to the first permitted use.
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2.5 Any cancellation of permitted Sinsheimer Stadium field use must be submitted in writing,
including email, seven (7) days in advance to give Park Maintenance weekly planning
updates.
2.6 Failure to use a permitted date at Sinsheimer Stadium will result in PERMITTEE being
charged a maintenance fee per occurrence.
3. FEES
PERMITTEE as a non-profit organization providing recreational baseball to the San Luis
Obispo community and assisting with the improvements and maintenance of CITY diamond
fields will not pay rental or light fees for standard uses. Additional fees may be assessed as
described in the agreement.
4. OPERATION AND MANAGEMENT PLAN
4.1 Management of Stockton Baseball Field
PERMITTEE will conduct the ongoing maintenance work necessary for the existing
Stockton Field infield and facility annually including but not limited to:
4.1.1 Maintain infield irrigation and planting to CITY standards with approval from
Park Maintenance.
4.1.2 Conduct a pre-construction site meeting with Park Maintenance to clearly identify
responsible parties, work areas, and allowable equipment, access points and
routes.
4.1.3 Install and maintain irrigation system. lines and control wire as needed for proper
infield watering of the turf, including coordination with Park Maintenance for
infield irrigation timing.
4.1.4 Install and maintain infield turf.
4.1.5 Repair any damage resulting from the work in installing and maintain the infield.
4.1.6 Aeration, fertilization, and re-seeding of the infield area
4.1.7 Regular mowing of infield turf year-round as needed to keep it below maximum
heights established.
4.1.8 Edge trimming of infield and warning track as needed for acceptable play during
the season.
4.1.9 Removal of trash after games.
4.1.10 Herbicide treatment for infield areas and warning track.
4.1.11 A Material Safety Data Sheet (MSDS) list of all Herbicide and Fungicide
products must be kept on site in the concession stand.
4.1.12 Maintenance of concession stand, maintenance shed, bleachers, and scoreboard
4.1.13 Chalk lining of fields per game.
4.1.14 Maintenance and storage of bases and supplies used for prep.
4.1.15 Turn off all lights at the conclusion of use.
4.1.16 Provide CITY updated combination for shed lock annually or as updated.
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4.2 Management of other diamond sport fields, excluding Sinsheimer Stadium
PERMITTEE will conduct the ongoing facility maintenance of other diamond sport fields
annually including but not limited to:
4.2.1 Conduct a pre-construction site meeting with Park Maintenance to clearly identify
responsible parties, work areas, site improvements and allowable equipment,
access points and routes.
4.2.2 Install decomposed granite (DG) at site locations as discussed with Park
Maintenance.
4.2.3 Removal of trash after games.
4.2.4 Maintenance of concession stand, maintenance shed, and bleachers.
4.2.5 Chalk lining of fields per game.
4.2.6 Maintenance and storage of bases and supplies used for prep.
4.3 Management of Sinsheimer Stadium
PERMITTEE will conduct the ongoing facility maintenance of other diamond sport fields
annually including but not limited to:
4.3.1 Unlocking of Facility for use.
4.3.2 Removal of trash after games.
4.3.3 Maintenance of concession stand, maintenance shed, and press box.
4.3.4 Turn off all lights at the conclusion of use.
4.3.5 Locking all entrances to facility.
4. CITY OBLIGATIONS
4.1. Maintenance of Stockton Field
City will complete the following maintenance of Stockton Field year-round:
4.1.1. Aeration, fertilization, and reseeding of the outfield area.
4.1.2. Maintenance of irrigation system and irrigation timing for outfield.
4.1.3. Regular mowing of outfield turf year-round as needed to keep it below maximum
heights established.
4.1.4. Maintenance of fencing and gates.
4.1.5. Provide chalking materials.
4.2. Maintenance of other diamond fields, excluding Sinsheimer Stadium
4.2.1. Aeration, fertilization, and reseeding of the outfield area
4.2.2. Maintenance of irrigation system and irrigation timing for outfield
4.2.3. Regular mowing of outfield turf year-round as needed to keep it below maximum
heights established
4.2.4. Edge trimming of infield and warning track as needed for acceptable play during
the season
4.2.5. Provide chalking materials
4.3. Maintenance of Sinsheimer Stadium
4.3.1. Aeration, fertilization, and reseeding of the infield and outfield area.
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4.3.2. Maintenance of irrigation system and irrigation timing for infield and outfield.
4.3.3. Regular mowing of infield and outfield turf year-round as needed to keep it below
maximum heights established.
4.3.4. Edge trimming of infield and warning track as needed for acceptable play during
the season.
4.3.5. Prep and line the field prior to permitted use.
5. LIGHTS
PERMITTEE is responsible for the field lights at Stockton Baseball Field and Sinsheimer
Stadium during permitted use. If the field lights are not turned off by 10:00 PM and/or left on
overnight, PERMITTEE will be charged $24 per hour from 10:00 PM to 8:00 AM per
occurrence. After multiple occurrences, PERMITTEE will be charged a closing fee where
CITY will provide staff to confirm proper closure of the facility.
6. 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 Public Works
Department.
7. CITY FENCING
PERMITTEE must contact CITY Public Works Streets Division annually for use of fencing
panels for French and Throop Baseball Fields. PERMITTEE must work with Park
Maintenance for scheduled delivery and installation. If CITY property is injured or damaged
resulting from PERMITTEE operations, it shall be replaced or restored at PERMITTEE
expense.
8. EMERGENCY REPAIRS
PERMITTEE agrees to reimburse the CITY for repairs requiring immediate attention due to
broken irrigation systems in the infield or to other diamond fields, to prevent significant
water waste.
9. INSURANCE & INDEMNIFICATION
9.1. 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for
bodily injury, personal injury, and property damage, including without limitation,
blanket contractual liability. If alcohol is sold during the permitted activity, coverage
must include full liquor liability in the amount of $1,000,000 per occurrence, $2,000,000
general aggregate. Agency, its officers, officials, agents, and employees shall be
included as insureds on the policy. A CG 20 26 or equivalent, blanket endorsement or
section of the policy. Endorsement shall cover the City of San Luis Obispo, its officers,
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agents, employees and volunteers as additional insured. A copy of the certificate of
insurance must be presented to the City no later than seven (7) working days prior to the
first scheduled game. Permittee is required to have insurance claim forms on site in the
event of injury to spectators, players or other parties
9.2. Indemnification. PERMITTEE shall defend, indemnify, save, and hold harmless the
CITY and its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without limitation
all consequential damages, from any cause whatsoever arising directly or indirectly from
or connected with the use of the FACILITY, operations or services of the PERMITTEE
or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole active negligence or sole willful misconduct of the
CITY or its officers or employees, and will make good to and reimburse CITY for any
expenditures, including reasonable attorneys’ fees, the CITY may make by reason of
such matters and, if requested by the CITY will defend any such suits at the sole cost
and expense of the PERMITTEE.
10. 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.
11. 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.
12. TERMINATION
Failure to abide by the terms of this agreement may result in the termination of the
agreement.
13. ABILITY TO PERFORM
PERMITTEE warrants that it possesses, or has arranged through subcontracts, all capital and
other equipment, labor, materials, and licenses necessary to carry out and complete the work
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hereunder in compliance with any and all applicable federal, state, county, city, and special
district laws, ordinances, and regulations.
14. 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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO: SLO YOUTH BASEBALL:
Shelly Stanwyck, Parks and
Recreation Director
By:
APPROVED AS TO FORM:
Christine Dietrick, City Attorney