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SLO Youth Baseball Agreement – 2023-2025 Page 1 of 10
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SLO YOUTH
BASEBALL FOR CITY DIAMOND FIELDS
This Agreement, is made and entered into this 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
f. Sinsheimer Park Batting Cages, located in Sinsheimer Park
located within the CITY of San Luis Obispo, hereinafter collectively referred to as
“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; and
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 February 1, 2023 to January 31,
2025. The term of the Agreement may be extended for an additional 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 allocation requests must include proper dates and times per
FACILITY.
2.2 PERMITTEE will receive priority for field allocation scheduling per FACILITY due to
assistance of field maintenance at CITY FACILITY.
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2.3 As the season progresses, PERMITTEE must submit an updated schedule of practice and
game times and release any FACILITY use dates not in use.
2.4 As applied to Sinsheimer Stadium, a schedule of games set to be played at the Stadium
must be submitted at least seven (7) days prior to the first permitted use.
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
3.1 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 of permitted FACILITY
rentals, excluding Sinsheimer Stadium.
3.2 Sinsheimer Stadium Rentals. Rental fees will reflect 50% of the current rates as approved
annually through the CITY Financial Plan. All use fees in conjunction with Sinsheimer
Stadium use permit are due and payable to the City no later than thirty (30) working days
after the last scheduled game of each season of the use pursuant to this Agreement or any
subsequent extension thereof.
3.3 Sinsheimer Stadium Light Use. In recognition of the long-standing partnership and the
mutual benefit received by providing FACILITY at a reduced cost for youth recreational
activities, the CITY agrees to not charge the PERMITTEE the standard lighting fee that
is applied to all standard FACILITY rentals. FACILITY lighting must not exceed 8
hours of lighting per use.
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-maintenance site meeting with Park Maintenance to clearly identify
responsible parties, work areas, allowable treatments, and allowable equipment,
access points and routes.
4.1.3 Repair any damage resulting from the work in maintaining the infield area.
4.1.4 Edge trimming of warning track as needed for acceptable play during the season.
4.1.5 Removal of trash from cages, field, bleachers, and surrounding areas after games.
4.1.6 Herbicide treatment based upon CITY approved treatments for warning track.
4.1.7 A Material Safety Data Sheet (MSDS) list of all Herbicide and Fungicide
products must be kept on site in the concession stand.
4.1.8 Maintenance of concession stand, maintenance shed, and bleachers.
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4.1.9 Report any issues with scoreboard at FACILITY.
4.1.10 Chalk lining of fields per game.
4.1.11 Maintenance and storage of bases and supplies used for prep.
4.1.12 Turn off all lights at the conclusion of use.
4.1.13 Provide CITY updated access codes for shed lock annually or as updated.
4.1.14 Banners. PERMITTEE is hereby granted permission to place advertising banners
at Stockton Baseball Field for the term of the permitted use. Installation of banner
anchors shall be coordinated with Parks Maintenance Supervisor.
4.1.14.1 Definition of Banner. Advertising banners are defined as cloth or vinyl
material attached to fence (or other designated areas) with elastic bungee
cords secured to anchor points. Banners are not to exceed 6 feet in height by
16 feet in length.
4.1.14.2 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 or safety
hazard. If CITY finds banners present after the conclusion of term, said
banners will be removed without notice to PERMITTEE and PERMITTEE
shall incur all associated cost with removal.
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-maintenance 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 authorized infield dirt at site locations as discussed with Park Maintenance.
4.2.3 Removal of trash from cages, field, bleachers, and surrounding areas 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 Care and cleaning of concession stand, maintenance shed, and press box.
4.3.4 Turn on and off all lights at the conclusion of use.
4.3.5 Locking all entrances to FACILITY.
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4.3.6 Standard FACILITY care as determined for best operation of Sinsheimer
Stadium.
4.4 Management of Sinsheimer Batting Cages:
PERMITTEE will conduct the ongoing FACILITY maintenance and management of the
Sinsheimer batting cages including but not limited to:
4.4.1 Flooring
4.4.2 Interior netting
4.4.3 Exterior fencing
4.4.4 Electrical panels
4.4.5 Inspect batting cages quarterly to review the condition of the batting cages,
appropriate signage, equipment, netting, flooring, fencing and electrical panels.
4.4.6 Inspect on-site storage FACILITY to review the condition of stored equipment
and ensure that items stored are kept at least three (3) feet from electrical panels
4.4.7 Provide an annual list to the CITY of all organizations authorized to use the
batting cages.
4.4.7.1 Ensure that all organizations authorized to utilize the batting cages must
submit standard INSURANCE & INDEMNIFICATION information annually
as outlined in Section 9 including listing the CITY as additionally insured.
4.4.7.2 Identify specific responsibilities related to the use of batting cages as needed
for each organization including but not limited to:
4.4.7.2.1 Operation of machinery (if any) within batting cages.
4.4.7.2.2 Securing cages after use.
4.4.7.2.3 Safety inspections.
4.4.7.2.4 Operation of lights
5. CITY OBLIGATIONS
5.1. Maintenance of Stockton Field:
CITY will complete the following maintenance of Stockton Field year-round:
5.1.1. Aeration, fertilization, and reseeding of the outfield area.
5.1.2. Maintenance of irrigation system and irrigation timing for outfield.
5.1.3. Regular mowing of outfield turf year-round as needed to keep it below maximum
heights established.
5.1.4. Maintenance of fencing and gates.
5.1.5. Provide chalking materials.
5.2. Maintenance of other diamond fields, excluding Sinsheimer Stadium:
5.2.1. Aeration, fertilization, and reseeding of the outfield area.
5.2.2. Maintenance of irrigation system and irrigation timing for outfield.
5.2.3. Regular mowing of outfield turf year-round as needed to keep it below maximum
heights established.
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5.2.4. Edge trimming of infield and warning track as needed for acceptable play during
the season.
5.2.5. Provide chalking materials.
5.3. Maintenance of Sinsheimer Stadium:
5.3.1. Aeration, fertilization, and reseeding of the infield and outfield area.
5.3.2. Maintenance of irrigation system and irrigation timing for infield and outfield.
5.3.3. Regular mowing of infield and outfield turf year-round as needed to keep it below
maximum heights established.
5.3.4. Edge trimming of infield and warning track as needed for acceptable play during
the season.
5.3.5. Prep and line the field prior to permitted use.
5.4. Maintenance of Sinsheimer Batting Cages:
5.4.1. Foundation or structural issues based upon standard structure lifespans.
5.4.2. The CITY is not responsible for general management of batting cages as
referenced under section 4.4.1 through 4.4.4.
5.4.3. The CITY withholds the right to inspect the batting cages without advance
notification and deny use if deemed unsafe for access.
6. 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 based upon current rates, as approved annually
through the CITY Financial Plan, per hour from 10:00 PM to 8:00 AM per occurrence. After
two occurrences, PERMITTEE will be charged a closing rate as approved annually through
the CITY Financial Plan where CITY will provide staff to confirm proper closure of the
FACILITY.
7. ALTERATIONS
PERMITTEE is not authorized to make any other alterations to the FACILITY other than
those outlined in this Agreement without prior written authorization mutually from the CITY
Parks and Recreation and Public Works Departments.
8. CITY FENCING
PERMITTEE must contact CITY Public Works Parks Maintenance Division annually for use
of supplemental fencing panels for French and Throop Baseball Fields. PERMITTEE must
work with Park Maintenance for scheduled pick up and drop off at CITY Corporation Yard.
If CITY property is injured or damaged resulting from PERMITTEE operations, it shall be
replaced or restored at PERMITTEE expense. All fencing must be removed from
FACILITIES within two weeks of end of allocated permit.
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9. EMERGENCY REPAIRS
PERMITTEE agrees to reimburse the CITY for repairs requiring immediate attention due to
broken irrigation systems as a result of maintenance performed by PERMITTEE in the
infield or to other diamond fields, to prevent significant water waste.
10. SUSTAINABILITY REQUIREMENTS
In accordance with Municipal Code Chapter 8.07, the PERMITTEE shall not sell/distribute
single-use plastic bottles or cups at permitted uses. Plastic straws may only be served upon
request.
11. INSURANCE & INDEMNIFICATION
11.1. Proof of Insurance. PERMITEE shall obtain, provide and maintain at its own
expense during the term of this agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to the CITY. PERMITTEE shall provide
certificates of insurance to CITY as evidence of insurance coverage required herein,
along with a waiver of subrogation endorsement for worker’s compensation. Copies
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. Insurance certificates and
endorsements must be approved by CITY’s Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with CITY at all
times during the term of this contract. CITY reserves the right to require complete,
certified copies of all required insurance policies, at any time.
11.2. 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 $1,000,000 per occurrence, $2,000,000 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.
11.3. Additional insured status. General liability policies shall provide or be endorsed to
provide that 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 and its officers, officials,
agents, employees and volunteers shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
11.4. Liquor Liability Insurance. 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.
11.5. Primary/noncontributing. 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
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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.
11.6. 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.
Instructor. In the alternative, CITY may cancel this AGREEMENT.
11.7. 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 the CITY’s Risk Manager.
11.8. 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 Instructor 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 any subcontractor.
11.9. 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.
11.10. 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.
11.11. Notice of cancellation. PERMITTEE agrees to oblige its insurance agent or
broker and insurers to provide to 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.
11.12. Prohibition of undisclosed coverage limitations. None of the coverages required
herein will follow these requirements if they include any limiting endorsement of any
kind that has not been first submitted to CITY and approved of in writing.
11.13. 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
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insurer’s limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
11.14. Pass through clause. PERMITTEE agrees to ensure that any other party involved
with the project who is brought onto or involved in the project by PERMITTEE, 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. PERMITTEE agrees that upon request, all agreements with
others engaged in the project will be submitted to CITY.
11.15. 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.
11.16. 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. Self-insurance will not be considered to
comply with these specifications unless approved by CITY.
11.17. 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.
11.18. 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.
11.19. 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 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.
11.20. Waiver. PERMITTEE waives any right of recovery against CITY, its officers,
employees, and agents for indemnification, contribution, declaratory or other relief
arising out of or in any way connected with PERMITTEE’s use or occupancy of
FACILITY for the permitted use, even if CITY, its officers, employees, or agents seek
recovery against PERMITTEE. This provision does not apply to claims or damages
caused by the CITY’s willful misconduct.
12. ANNUAL AGREEMENT REVIEW
Once each year, prior the start of the PERMITTEE spring 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
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problem areas for the prior year. CITY will initiate such meetings working with
PERMITTEE to arrive at a reasonably convenient time for both parties.
13. 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 and thereafter be responsible for any damages or injuries that may
occur as a result of their action or inaction
14. TERMINATION
Failure to abide by the terms of this Agreement may result in the termination of the
Agreement.
15. 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
hereunder in compliance with any and all applicable federal, state, county, CITY, and special
district laws, ordinances, and regulations.
16. 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.
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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:
Greg Avakian, Parks and Recreation
Director
By: Matt Weber
SLO Youth Baseball President
APPROVED AS TO FORM:
Christine Dietrick, CITY Attorney
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