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HomeMy WebLinkAboutC-5698 - MOU for continued Membership091 MEMORANDUM OF UNDERSTANDING WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATIONS FOR CONTINUED MEMBERSHIP THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into as of this 1st day of July, 2015, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NEWPORT HARBOR BASEBALL ASSOCIATION, a California non-profit organization ("Organization") which is a member of the Youth Sports Commission Member Organization ("YSCMO"). Organization's address is 1048 Irvine Avenue, PMB 320, Newport Beach, CA 92660 ("Organization"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Organization desires to continue their membership with the City's Youth Sports Commission Member Organization and use the City's sports fields and athletic facilities at times and dates specified in the City's Field Allocation Schedule, which is prepared by the Recreation & Senior Services Department and distributed on a biannual basis in the Fall and Spring, respectively. C. The City and Organization desire to enter this MOU to set forth the responsibilities of each party. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this MOU shall commence on July 1, 2015 and shall terminate on June 30, 2016, unless terminated earlier by the Organization by providing thirty (30) days written notice to the City, or if by the City by providing seven (7) days written notice, with or without cause, to the Organization. 2. DUTIES OF CITY The City intends to undertake the following activities pursuant to this MOU A. City shall permit the use of the City's sports fields and athletic facilities at times and dates allocated in the City's Field Allocation Schedule. B. City shall provide a basic level of maintenance at each of the City's sports fields and athletic facilities as identified in the Youth Sports Commission Member YSCMO — Newport Harbor Baseball Association Page 1 Requirements & Field Allocation and Use Procedure ("Use Procedure') as adopted by the Parks, Beaches & Recreation Commission on April 1, 2003 and revised August 5, 2014 and attached hereto as Exhibit A, and incorporated herein by reference. City maintenance includes, but is not limited to: mowing, irrigation, fertilization, aeration, restroom maintenance, and trash removal. 3. DUTIES OF ORGANIZATION The Organization intends to undertake the following activities pursuant to this MOU: A. Organization shall enter into the MOU annually should they desire to maintain membership in the YSCMO. B. Organization shall abide by and acknowledges receipt of the Use Procedure. C. Cooperate with City requests 4. INSURANCE Without limiting Consultant's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization shall obtain, provide and maintain at its own expense during the term of this MOU or for other periods as specified in this MOU, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 5. HOLD HARMLESS To the fullest extent permitted by law, Organization shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this MOU, Organization's presence or activities conducted on City sports fields and/or athletic facilities (including, but not limited to, the negligent and/or willful acts, errors and/or omissions of Organization, its principals, officers, agents, players, employees, vendors volunteers, suppliers, consultants, contractors, anyone employed directly or indirectly by or associated in any way with any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Organization to indemnify the Indemnified parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity YSCMO — Newport Harbor Baseball Association Page 2 shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this MOU. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Organization. 6. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Organization to City shall be addressed to City at: Attn: Recreation Supervisor Recreation and Senior Services Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3154 Fax: 949-644-3155 E-mail: recreationta-�.newportbeachca.gov All notices, demands, requests or approvals from City to Organization shall be addressed to Organization at: Attention: Jim Binford President Newport Harbor Baseball Association 1048 Irvine Avenue, PMB 320 Newport Beach, CA 92660 Phone: 949-683-1775 7. STANDARD PROVISIONS A. Recitals. City and Organization acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. B. Compliance with all Laws. Organization shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. C. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. YSCMO — Newport Harbor Baseball Association Page 3 D. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. E. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and any attachments attached hereto, the terms of this Agreement shall govern. F. Interpretation. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. G. Amendments. This MOU may be modified or amended only by a written document executed by both Organization and City and approved as to form by the City Attorney. H. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. I. Controlling Law and Venue. The laws of the State of California shall govem this MOU and all matters relating to it and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. J. Equal Opportunity Employment. Organization represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. K. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. L. Counterparts. This MOU may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] YSCMO — Newport Harbor Baseball Association Page 4 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: <<- Aaron C. Flarp City Attorney ATTEST: Date: 0- `G A5 - By: Leilani Brown, City Clerk �• p0 RNP CITY OF NEWPORT BEACH, A California Municipal Corporation Date: 1 ' 29 • I S-- By: ura Detwe , Director creation & Senior Services Dept ORGANIZATION: NEWPORT HARBOR BASEBALL ASSOCIATION Date: T�a I a,y►� By: Jim ' ord Presi ent Date: 7 lb/Zvi v y: ob Kimbauer Secretary Attachments: Exhibit A - Youth Sports Commission Member Requirements & Field Allocation and Use Procedure Exhibit B - Insurance Requirements YSCMO - Newport Harbor Baseball Association Page 5 EXHIBIT A YOUTH SPORTS COMMISSION MEMBER REQUIREMENTS FIELD ALLOCATION AND USE PROCEDURE YSCMO — Newport Harbor Baseball Association Page A-1 YOUTH SPORTS COMMISSION Member Requirements 9 Field Allocation & Use Policy City of Newport Beach Recreation & Senior Services Department Parks, Beaches & Recreation Commission Modified August 5, 2014 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 2 TABLE OF CONTENTS Philosophy.................................................................................................................................... 3 Purpose.......................................................................................................................................3 City of Newport Beach: Code of Conduct..................................................................................... 3 Definitions...................................................................................................................................4 General YSC Member Requirements (Open and Club)............................................................... 4 YSCOpen -Member Criteria........................................................................................................ 6 YSC Club -Member Criteria........................................................................................................... 6 Field Allocation Requests.............................................................................................................7 Field Allocation Procedure and Priority Formula.......................................................................... 8 Noticeof Non Use of Fields........................................................................................................10 Noticeof Exchange of Fields......................................................................................................10 FieldUse Fees...........................................................................................................................11 FieldMaintenance Fees.............................................................................................................11 Field Maintenance and Modifications.........................................................................................11 AthleticField Lining/Marking...................................................................................................... 12 Rules and Regulations of Field Use...........................................................................................13 Trafficand Parking...................................................................................................................14 PublicAddress System Use.......................................................................................................14 Storageand/or Concessions...................................................................................................... 14 Banners......................................................................................................................................15 Other........................................................................................................................................15 CityCouncil Policy...................................................................................................................15 Violations.................................................................................................................................... 15 Overviewof Important Dates......................................................................................................16 Appendix....................................................................................................................................18 a. Sample of Non -Profit Documentation...................................................................19 b. Sample of Liability Insurance and Additionally Insured Form ................................ 24 c. Sample of Field Allocation Request Form............................................................. 26 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 3 1. PHILOSOPHY The Youth Sports Commission (YSC) is open to all organizations providing athletic opportunities to the youth of Newport Beach. All organizations pledge to participate in the YSC in a spirit of partnership and cooperation; cooperating and communicating with each other and City staff in a timely and respectful manner; practicing good sportsmanship; and agreeing to follow all City Council and YSC policies. 2. PURPOSE It is the intent of the City of Newport Beach Recreation & Senior Services Department to allocate field use to qualified athletic teams and organizations on the basis of fairness and impartiality. This document sets forth the policy for the City to prioritize and allocate all available fields under its ownership and/or control, in concurrence with the seasonal priorities (Section 4) and residential percentage priorities (Section 8). It is necessary to formulate this policy for the following reasons: • User groups need a procedure to secure fields for the planning of games, practices, and/or events. • The demand for field usage exceeds the City's ability to permit unlimited and/or unscheduled use by all participants. • Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. • Allocating field space to qualified organizations assists the City in the fulfillment of the Charter to plan, coordinate and direct community recreational activities. 3. CITY OF NEWPORT BEACH: CODE OF CONDUCT In addition to each organization's individual code of conduct, all players, coaches, volunteers, and parents are expected to exhibit appropriate behavior at all times while participating, being a spectator, or attending YSC Member activities co-sponsored by the City of Newport Beach Recreation & Senior Services Department. The following guidelines are designed to provide safe and enjoyable activities for all participants: • Be respectful to all field users and City staff. • Take direction from City staff, including Park Patrol and Park Maintenance Staff. • Refrain from using abusive or foul language. • Refrain from causing bodily harm to self, other field users, or City staff/supervisors. • Refrain from damaging City equipment, supplies, fields and facilities. • Refrain from harassment of City staff and field users. Failure to follow these rules may result in denial of program participation privileges. The City of Newport Beach Recreation & Senior Services Department strives to make your participation fun -filled, rewarding, educational and safe. Thank you for your cooperation. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modred August 5, 2014 Page 4 4. DEFINITIONS This section defines the terms used throughout this Policy. A. City: The City of Newport Beach and/or the City Recreation & Senior Services Department, as appropriate. B. Director: The City of Newport Beach Recreation & Senior Services Department Director. C. Member Organization or Organization: Those Organizations, including YSC-Open Member and YSC-Club Member, that have submitted all required documentation with the City. • YSC-Open Member Requirements: See Sections 5 & 6, below. • YSC-Club Member Requirements: See Sections 5 & 7, below. D. Non-profit Organization: A Non-profit Organization is a charitable organization under Internal Revenue Code Section 501c(3), with a State of California Tax Identification Number and proof of tax exemption. E. Participant: Those players who are fully registered with the Member Organization. Non -players such as coaches, officials, and staff shall not be considered Participants. F. Season: Seasons are defined as follows: 5. GENERAL YSC MEMBERSHIP REQUIREMENTS (includes Open and Club) To participate in the semi-annual field allocation process, the following requirements shall be satisfied by all YSC-Open and YSC-Club Member Organizations: A. Organization shall have and submit a charter and articles of incorporation to City upon initial application for membership. B. Organization shall have a Board of Directors and submit a current list to City annually. C. Organization shall be a Non-profit Organization. Organizations shall submit their Internal Revenue Service 501c(3) letter to City upon initial application for membership and shall submit a current IRS 990 Form annually. Spring February 1 - 28 Pre-Season/Tryouts Fall August 15 -September 1 In -Season Opening Date September 1 March 1 In -Season Closing Date December 15 June 30 Post—Season/All Stars As Available As Available Sport "In Season" Football/Soccer Baseball/Softball 5. GENERAL YSC MEMBERSHIP REQUIREMENTS (includes Open and Club) To participate in the semi-annual field allocation process, the following requirements shall be satisfied by all YSC-Open and YSC-Club Member Organizations: A. Organization shall have and submit a charter and articles of incorporation to City upon initial application for membership. B. Organization shall have a Board of Directors and submit a current list to City annually. C. Organization shall be a Non-profit Organization. Organizations shall submit their Internal Revenue Service 501c(3) letter to City upon initial application for membership and shall submit a current IRS 990 Form annually. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 5 D. Organization's Board or League President, Vice President, or an appointed designee shall attend the semi-annual YSC meeting. E. Organization shall provide City with proof of current Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence, naming the City as additional insured. F. Organization shall submit City Field Allocation Request Form and all supplemental information outlined in the application process semi-annually. G. Organization shall only provide services not offered by City programs. H. Organization shall immediately inform City staff of changes in liaison or main contact person's name, address, ortelephone number. I. Organization shall obtain City's prior written permission for any change in the published schedule of field allocations, including decreases in use, and shall report said schedule changes as directed. J. Organization shall provide its own publicity, registration and coaches training consistent with YSC membership requirements. Any deviation requires the City's prior written approval. K. Organization shall screen all personnel and volunteers for prior criminal records or infractions and provide proof of screening to City. L. Organization shall provide at least one responsible adult at every activity scheduled at City facilities. M. Organization shall contact participants and organization's board and representatives regarding all matters in their league or team. N. Clean area following games or practices of all litter, debris etc. O. Organization shall review all City Council policies and facility rules and regulations, including the proper use and care of lights, grounds, keys, facilities and amenities, and shall inform Participants and its Board and representatives regarding all City policies and regulations. P. Organization shall apply to Parks, Beaches & Recreation Commission for approval to make any additions or changes to fields, amenities or membership criteria requirements. Q. Organization shall pay the hourly rates and field maintenance fees within 30 days of billing. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modred August 5, 2014 Page 6 6. YSC-OPEN MEMBER REQUIREMENTS YSC-Open Member Organizations receive priority allocation of City athletic fields and voting rights at the semi-annual YSC allocation meetings. In addition to the General YSC Member requirements listed above, the following are required for YSC-Open Member Organizations. A. Organization shall sign a contract annually with the City, due by the Fall allocation meeting in June. B. Organization's roster of Participants shall include at least 50% City residents in first year of Organization's existence. Following years of less than 50% City resident participation may cause review for reclassification of membership. Organizations who are adhering to boundaries set by parent organization will retain Open Member status. C. Organization shall employ a "minimum play rule" for Participants, with each player given equitable playing time regardless of skill level. D. Organization shall have an open enrollment policy accepting all players regardless of skill level. E. Organization shall be strictly volunteer -organized and administered with the exception of referees and umpires. F. Paid trainers may be employed for clinics that are open to the entire Organization membership; Trainers may not be used by individual players or teams. An individual participant may hire a trainer for personal purposes provided that the trainer applies for and receives a rental permit through the Recreation & Senior Services Department. G. Teams formed through a tryout process will be permitted if they meet specific criteria (See Section 6. G1 and G2) and such teams shall receive no additional benefit that would distinguish the team from the organization's recreation teams. Examples of prohibited benefits include, but are not limited to, higher quality uniforms, training equipment, preferential field use or additional field use. 1. YSC member organizations are permitted to have a Select Program (i.e. All-stars) defined as follows: Players will be selected from the season teams for which the selected team is representative. One Select Team per age division (one male and one female team) will be allowed. 2. Select Program teams must be formed by selecting players out of the organization's recreational team rosters and exclusively play teams within their organization. 7. YSC-CLUB MEMBER REQUIREMENTS YSC-Club Member Organizations are Organizations that do not meet the requirements of YSC-Open Members. YSC-Club Member Organizations do not have voting rights at the semi-annual YSC allocation meeting. In addition to the General YSC Member Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 7 requirements listed above, the following are required for YSC-Club Member Organizations. A. Teams within a Club organization are formed through a tryout process and are exclusive B. Teams may have paid coaches and trainers. C. Organization's roster of Participants shall include at least 50% City residents in first year of Organization's existence. Any season of less than 50% City resident participation will result in reclassification of membership. D. Organization's roster of Participants shall include all registered Participants within an Organization. B. FIELD ALLOCATION REQUESTS Each Organization shall submit a Field Allocation Request Form and Participant roster by the dates listed below. Organizations missing these deadlines will be allocated any remaining fields on an "as available" basis only. The City keeps all personal information confidential and will not publish or distribute it in any manner. General (non -personal) information is subject to disclosure under the Public Records Act. Applications will be considered incomplete and will not be reviewed if the required documents (Section 6) are not up to date and the following information is not submitted: A. Field Allocation Request Form, including: • Start and end dates and times for each field requested. • Whether field is for practice or game. • Ranking of preference of requested fields. B. An official Participant roster or league enrollment data (digital format if possible) from the previous season, or from the initial season if being submitted by a new Organization. Organizations agree to allow the City to verify the accuracy of data submitted. Data shall include each Participant's: • First and last name • Home address • Gender • Number of children per age division Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 8 C. Organizations are limited to two clinics and/or camps per year during downtime only (totaling 10 calendar days); camps and/or clinics shall be available to Participants of the Organization only. 9. FIELD ALLOCATION PROCEDURE AND PRIORITY FORMULA Field allocations will be reviewed and discussed twice a year at the semi-annual YSC meetings. City staff will review all Field Allocation Request Forms, allocate fields equitably based on the priorities listed in this policy and encourage optimum cooperation between all user groups. Every effort will be made to assign fields by priority requested. Any appeals of decisions or allocations may be made to the Parks, Beaches & Recreation Commission within 10 days after the YSC allocation meeting. A. Fields are assigned in the following priority: Maintenance of fields and facilities. ii. Fields/facilities for organized game use. iii. Providing fields/facilities for practices. B. Field allocation requests will be considered based on the classification priorities set forth in Section D, below. C. Assignments within each classification will be based on the highest number of City of Newport Beach residents (Classification C) and percentage of resident participants (all other classifications). D. Residents will be based on official rosters submitted by each organization as outlined in Section 8: Field Allocation Request. E. User Classifications and priorities are as follows: • Class A: All official Recreation & Senior Services Department initiated and/or conducted activities. • Class B: All other official City activities. • Class C: All YSC-Open Member Organization programs/activities. In -season sports will have first priority and sports not in season will be considered second. • Class D: Official public agency sponsored programs and activities not included in Classifications A, B, and C, above. • Class E: YSC-Club Member Organizations and recreational, social or civic activities of groups which are resident -promoted and sponsored by local Non-profit Organizations. Classification E Organizations are Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 9 open to the public and have 50% or more of memberships consisting of City residents. • Class F: Recreational or social activities of private City residents, which are not open to the public. • Class G: YSC-Club Member Organizations and recreational, social or civic activities of groups which are non-resident promoted and sponsored by Non-profit Organizations. Classification G Organizations are open to the public, but not qualifying under E, above. • Class H: Schools, colleges, hospitals and other similar civic groups not qualifying as Non-profit Organizations. • Class I: Commercial businesses and all others. F. Field Allocations will be made based on the number of fields each season that the Director or his/her designee deems are available for distribution. The distribution formula will be as follows: • 70% of available fields for Class A, B and in -season Class C activities. • 15% of available fields for out -of -season Class C activities. • 10 % of available fields for Class D through E activities. • 5% of available fields are not allocated, are used for maintenance rotation, community use, groups in Class G, H and I, or other items not anticipated on an as - needed basis. These fields may be reallocated to qualifying Organizations as they become available based on the allocation formula. G. Home fields will be determined by the proportion of City residents to the number of field hours allocated within each User Classification. The formula will be as follows: • In -Season YSC-Open Member Organizations that qualify for two or more fields will be allocated two home fields. • Out -of -Season YSC-Open Member Organizations that qualify for one field will be allocated one home field. • YSC-Club Member Organizations that qualify for at least one field will be allocated one home field. • Each eligible group will be allocated home fields by season. • Any requests to change designated home fields will be brought to a meeting of the Youth Sports Commission. Each Organization eligible for home fields will have one vote. Majority vote will determine the outcome. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modred August 5, 2014 Page 10 • The home field counts as a regular field in an organization's total field count as determined by the field allocation formula (Section 9). 10. NOTICE OF NON-USE OF FIELDS It is City policy that user Organizations turn in unused fields for reallocation. An Organization that has been allocated field space and does not intend to use it on a regular basis shall notify the City so that the field may be re -allocated or otherwise used. Failure to do so may result in forfeiture of fields for the remainder of the season. A. Notice of non-use shall be received by March 1 for Spring and September 1 for Fall so the field may be reallocated. B. Unless written notice is received, an Organization will be billed for all allocations. Field use fees will not be retroactively adjusted. C. All fields that are turned back in to the City for reasons of non-use will be allocated to the remaining qualified Organizations based on the User Classification allocation formula. D. Any Organization with documented non-use of an allocated field for two consecutive weeks after March 1 in the Spring and after Labor Day in the Fall will lose that allocation for the remainder of the season. E. Exceptions to this policy will be made on a case-by-case basis, only with prior written notification to City staff regarding special circumstances. 11. NOTICE OF EXCHANGE OF FIELDS An Organization shall not give or exchange its field allocation or any part thereof, with another Organization without prior written approval of the City. Any such modification request shall be filed with the City and verified in writing by all parties wishing to receive/exchange the field allocation. This allows for accurate billing of use and an accurate record of exchange for tracking purposes. Organizations who switch times/fields without going through the proper process may lose their entire allocation as a result. Subletting is strictly prohibited. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 11 12. FIELD USE FEES Field use fees and field light fees are assessed to defray the direct costs of lighting and securing the fields. Field Use Fee Due Dates Fall Allocation: February 1 Spring Allocation: August 1 13. FIELD MAINTENANCE FEES A. YSC Member Organizations shall pay a maintenance fee of $10 per Participant, per season based on the previous year's fall/spring rosters. If the YSC Member Organization is new, the maintenance fee of $10 per Participant will be assessed on its initial season's roster. 2. The YSC-Open Member Organization maintenance fee will be based on resident Participants only. 3. The YSC-Club Member Organization maintenance fee will be based on total Participants. 4. Other groups who reserve fields for five calendar dates or twenty hours during any season will also be assessed the maintenance fee of $10 per Participant, based on their current roster. B. YSC Member Organizations will be billed on July 1 annually for both seasons. Funds will be expended or encumbered by June 30th of each fiscal year. Funds collected for each Organization will be expended on their allocated fields. In general, the maintenance funds will primarily be allocated to recover fields from damages incurred, following each group's field use. Every effort will be made to spend all collected funds within the fiscal year. There may be instances when a small percentage of funds collected from an Organization will not be expended on their allocated fields. The City will follow its bidding and purchasing process in expending the collected funds. C. Collected fees will be expended on projects above and beyond the City's ongoing maintenance program. Examples of typical projects include sodding, over -seeding, Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modred August 5, 2014 Page 12 deep -tine aeration, supplemental amendment and fertilizer applications, fencing, and infield renovations. The City will partner with Organizations to determine projects. 14. FIELD MAINTENANCE AND MODIFICATIONS A. The City will maintain parks, facilities, and fields for public use according to the City's standard and will install any required permanent equipment such as pitching rubbers, base anchors. B. YSC Member Organization shall pay for any desired or additional maintenance such as field preparation, lining of the fields, setting of bases or a higher standard of maintenance than the City's standard. C. YSC Member Organizations shall meet with Recreation & Senior Services and Parks staff at least once annually to discuss any repairs, improvements or renovations of those fields used during their seasons. No work may be initiated unless approved in writing by the City. No permanent structures or equipment shall be erected on City facilities unless approved in writing by the City and dedicated for community use. D. YSC Member Organizations are responsible for any damage or repairs needed due to implementation of repairs, improvements or renovations. YSC Member Organizations are responsible for insurance, worker's compensation and any contracts required by the City for work being performed on City property. Any failure to complete the repairs, improvements or renovations properly that results in costs to the City shall be reimbursed to the City by the Organization. E. Motorized vehicles are not permitted in the City facilities for the preparation of athletic fields or other activities without prior written City approval. F. User groups shall immediately report any and all damage or acts of vandalism to the City. G. Bases shall not be removed nor shall base plugs be used without prior written City approval. H. User groups/Organizations maintenance responsibilities shall include 1. Light field preparation, setting of temporary bases or goals, and similar maintenance. 2. Ensuring that the facility is free of trash or debris caused by its usage, including checking restrooms and parking areas. 15.ATHLETIC FIELD LINING/MARKING A. Lining of City fields with chalk or paint is not permitted without prior written permission by the City. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 13 B. Burning lines on any City park and/or field is not permitted. C. Any Organization failing to comply with these guidelines is subject to the following: • Payment for all damages occurring to the field, and • Termination of any /all field use permit(s) for one year. 16. RULES AND REGULATIONS OF FIELD USE A. Organizations shall designate an adult 18 or older, to be present during any and all practice and/or game time(s) at each City field/facility used. B. Games and practices may begin no earlier than 3 pm on weekdays, and games no earlier than 8:30 am (arrival and warm-ups no earlier than 8 am) on weekends. No games and/or practices may be scheduled on City holidays without prior approval from the Director or his/her designee. C. Games and practices may end no later than 9:45 pm on weekdays, and dusk on weekends, except if approved in advance by the Commission. D. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the City. E. Organizations utilizing lighted facilities are responsible for ensuring the proper use of lights. The City reserves the right to bill user groups for hourly energy costs incurred during hours that lights are left on and the fields are not being used. F. Use of portable lights is prohibited without prior written permission by the Parks, Beaches and Recreation Commission. G. Use of metal cleats is prohibited. H. Alcoholic beverages are prohibited. I. Artificial noisemakers, e.g., horns, rattles, bells, whistles, etc. are prohibited. Officials or coaches, as a necessary part of the activity, may employ such devices with permission by the City. J. At the conclusion of games, practices, and activities, Organizations shall leave the park/facility quickly, quietly, clean, and clear of debris. Failure to do so will result in assessment of a maintenance -cleaning fee. K. All YSC Member Organizations shall have at least 50% of their City resident members participate actively on a weekly basis. When a team is playing against a team from outside the City, this rule shall apply to only the "host' team representing the YSC Member Organization. Roster changes that affect compliance with residency requirements shall be reported to the City within one week of occurrence. Failure to do so will result in forfeiture of all fields and/or facilities. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 14 17. TRAFFIC AND PARKING A. The Organization shall ensure that Participants and spectators utilize off-street public parking areas, when available. If parking conditions warrant, e.g., during pre-, post-, and regular season or tournament play, the Organization shall provide, at its own cost, at least one safety officer to direct Participants and spectators to designated parking areas. The City, at its sole discretion, may require additional parking mitigation on an event -by -event basis. B. Driving, operating, or parking any motor vehicle within the City parks and/or fields is prohibited, except in areas specifically designated as parking areas unless prior written permission is obtained from the City. In case of medical emergencies, only emergency vehicles will be allowed on the park for rescue purposes. C. All vehicles shall be legally parked. 18. PUBLIC ADDRESS SYSTEM USE A. Sound amplification equipment is allowed in City parks only with a Special Event Permit. Special Event Permit applications are available in the Recreation & Senior Services Department and should be submitted at least 15 working days prior to the event. B. Only adults 18 years and older are permitted to operate any public address system. All public address systems used for athletic events shall pertain to the game being played. Special announcements should be kept to a minimum. "Play-by-play" announcing is prohibited. 19. STORAGE AND/OR CONCESSIONS A. Storage units may be placed on City facilities with City's prior written permission only and are the sole responsibility of the Organization placing the storage unit. Storage units shall be maintained in good and clean condition at all times and any vandalism or breakage shall be repaired immediately. B. The City assumes no liability or responsibility for any equipment or storage units or the contents thereof. C. The Organization placing the storage unit shall provide keys to City staff for all storage units, locked closets and fenced areas. D. No equipment may be left out on fields or outside bins unless approved in advance by the City. E. Organizations shall provide City with an inventory of all items stored in said containers. Storage of flammable and/or toxic substances is strictly prohibited. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 15 F. Any Organization failing to comply with these guidelines is subject to the following: • Payment for all damages occurring to the facility • Termination of any /all field use permit(s) for one year 20. BANNERS Although there is no cost, there is a limit to the number and times a banner can be displayed. A. Determine location according to the following list: • Lincoln Athletic Center: (3 spots on fence along San Joaquin Hills Road) • Mariners Park:1 on Tennis Court fence • Grant Howald Park: 1 on Tennis Court Fence; 1 on Driveway entrance fence • 38th Street Park: 1 on Balboa side fence • Bob Henry Park:1 on fence • Las Arenas Park: 1 on the tennis court fence B. Apply for a 14 consecutive day period in writing to Recreation & Senior Services Department. C. Maximum of 30 days per calendar year per event per location. D. Apply maximum of 60 days in advance only. E. Permitted banners will be listed on a master list. Those not permitted will be cut down by Park Patrol. F. This does not apply to sponsor banners on the outfield fences. This does apply to any banners that appear on other than the outfield fences. 21. OTHER Organizations anticipating a split to form a new Organization/league, or individuals planning to organize a new sports program, shall apply to the City at least six months prior to the estimated starting date of the new program. The City will study the impact of the new program on existing facilities and evaluate the request. If approved after the deadline for submitting the Field Allocation Request Form for the upcoming Season, the City makes no guarantee of field space if all space has been previously allocated. 22. CITY COUNCIL POLICY This policy is consistent with Council Policy B-13— Public Use of City Facilities. In the event of any conflict between this policy and Council Policy, Council Policy takes precedence. 23. VIOLATIONS Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 16 The following penalties shall be imposed when Member Organizations failed to comply with the requirements set forth above. Offenses will be by season unless otherwise stated in written warnings. • First Offense: Verbal warning; if situation resolved, no further action taken. • Second Offense: Written warning. A representative of the City as determined by the Director shall also meet with the offending coach (if applicable), the Organization President, and at least one other member of the Board of Directors. • Third Offense: Minimum penalty is loss of one field for the next season; maximum penalty is loss of status as a YSC Member Organization for the next season in which the Organization participates. Penalty shall be determined by the Director. After penalty has been served, Organization may reapply for use of City fields and membership in the YSC. • Appeal Process: Appeals shall be submitted to the Director within 10 days of penalty. Appeals shall be forwarded to the Parks, Beaches & Recreation Commission for discussion. The Commission's decision is final. The Parks, Beaches & Recreation Commission ultimately determines continued membership. Failure to comply with the requirements and responsibilities listed will result in the Parks, Beaches & Recreation Commission revisiting membership status. 24. OVERVIEW OF IMPORTANT DATES November 1 Spring Allocation Field Allocation Request Form and Previous Spring Rosters Due A Allocation Meeting Second Wednesday in December Notice of Non Use Of Field Due February 1 Final Draft of Allocation Schedule Complete February 15 Allocation Begins March 1 Current Spring Rosters Due June 15 Allocation Ends June 30 Allocation Invoice Mailed Out (Includes any planned Summer use) July 1 Per Player Maintenance Billing Mailed Out July 1 Allocation Billing Due August 1 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 17 May 1 Fall Allocation Field Allocation Request Form and Previous Fall Rosters Due Allocation Meeting; YSC Open -Member Contracts Due Second Wednesday in June Notice of Non Use Of Fields Due August 1 Final Draft of Allocation Schedule Complete August 15 Allocation Begins September 1 Allocation Ends December 15 Allocation Invoice Mailed Out Includes any planned Winter use January 1 Allocation Billing Due February 1 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 18 APPENDIX Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 19 PROOF OF NON-PROFIT STATUS COMPLIANCE Non-profit status is an organization that is so defined by the Internal Revenue Service as a 501(c)(3) charitable non-profit, and has a State of California Tax Identification Number. In order to receive consideration as a non-profit organization, groups must submit the following documentation*: 1. Copy of Articles of Incorporation stamped and endorsed by the office of the Secretary of State of the State of California — submit first time only 2. Copy of IRS letter stating that group is exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code — submit first time only 3. Copy of IRS tax form 990 (T or EZ), including group identification on page 1 and Section VI — Section 501(c)(3) Organizations Only - httn://www.irs.gov/nub/irs- pdf/f990ez.ndf; proof that group is maintaining non-profit status — submit annually In addition, the Recreation & Senior Services Department will access the California Secretary of State's corporation website for proof of current status. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 20 ENDORSED • FILED ARTICLES OF INCORPORATION OF In fheomcedltiesKrMaryOil Silt offtstatadowww0a A California Nonprofit Public Benefit Corporation OCT 16 2409 ARTICLE f The name of this corporation is ARTICLE II A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Lawn for charitable purposes. The purposes for which this corporation is formed are exclusively charitable within the meaning of Section 501(c)(3) of the internal Revenue Code of 1986. S. The specific purpose of this corporation is to promote art and science of film making through education of the general public and scientific research.. ARTICLE III The name and address in the State of California of this corporation's initial agent for service of process is: Name: Address:. ARTICLE IV Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation.. ARTICLE V The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shalt be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Internal Revenue Code section 56t Ic}(3). vW�ncorporatar Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modred August 5, 2014 Pige 21 ' INTERNAL REVENUE SERVICE DEPART4ENT OF THE TREASURY P. O. Box 2509 CSNCiNNATi, OR 45201 �y Employer Identification Number: Date: 8WIV 3o 46,n DLN: 601319124 Contact Person: lD# Contact Telephone Number: Accounting Period KnAing: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 490 Required: Yes Effective Date of Exemption: May 4, 2011 contribution Deductibility: Yes Addendum Applies: No Dear Applicantt we are pleased cc inform you that upon review of your application for tax exemptstatus,we hay- determined .t)sAt qou are exempt from Federal income bax under section S01(c)(3) of the internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2105 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent. records_ Organiza%ions exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. we determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 8221 -PC, Compliance Guide for S01(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Enclosure: Publication 4221 -PC Sincerely, Lois G, Lerner Director, Exempt Organizations Letter 947 (DO/CG) Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 22 Short „ky astow Fee OITri { Return of Organization Exempt From Income Tax Under saoUmr EAt{q,.67:. ar aat7�d(t1 of tl+a lntnrrN Rerars,a Code tamaet block kine bmreet rivet or entries, 1burres,9ant SOWSM11e we ns of dada cameo lmrds6 cigonluttons that operate oto or mare howtof *nd artakr oordraarre trpnrdaeaan m denied In section 312M134 AWO file form 900 foeo keetrw DepsM,!vi of All inner %th ere" raadpts tans than s etie and tad snob tow wantt'aw .. .. _> ail the ani of she Yana trey use oft feral a *w*tfoedlatoi ❑ aAnw, it*"" teen many. arty wen TtrnNnad ❑ Mwrdrd qwm G AccountingMesrod: 1 Welealte:► Otherfapecifyj ► Nuodw ► dFt9 tJs. t63e-1 f 36 2fl H check ► ❑ If are orgeNt9tkn it not required to attach Schedule 6 {Form 99o. 990-E2. or 990.Ph1. l( Check r ❑ It the organization is not a santion 509ta)iu) supporting organeaflon or a bec ion 527 organ iza6at arid is gra rseepta are nonnasy not more Uteri $50,000. A Form 990 -EZ or Form 960 return is not required though Form 990-N (a -postcard) may to r9quked (sea Instructions), But e dee organcapon chooses to fee a return, be sure to res a oatnplet* rekam. L Add trop so, 6c, and To. to ire 4 to detweene We" receipts. it Voss mcaipt, aro s20o,{0o or more, or o total aaabts plat It, errs 23, column 181blow) are 5500.000 or more, fee Form 990 irelotd of Form$90.EZ D. S Revenue, Expanses, and Changes in Net Assets or Fund Balances (seethe instructions for Pact t) Check if the oroatitzation used Schedule O to respond to any oaestion In this Part I , t") For Paperwork Redaepon Act Nell, see the *operate instruction, CeeNo, f ysA2r Fame 990 -EZ w2t 1 ConVirutlan, gaffs, graf ts, and similar amounts received.. . . , . 1 2 Program service revenue Including government fees and contracts . . . 2 3 Membership dues and assessments, . , , . . • . . . . . . . . . 3 4 Investment income . . . . . . . . . . . . . . . .. 4 Eris Grass amount from sale of assets other than inventory , . 6 s 1 b Less: cost or other basis and sacs expenses . . . .. . 6b c Gain of toss) from sale of assets other than inventory (Subltact fine 5b from line 5a) . �4 9 Gwrrsrp arta funds sbhg events a Grass Income from gaming tattactSChedth G if greeter than $15,000$ . . . Is Gross Income from fundraising eventsrot incl ( S of contributions from fundraising events reported on line 1) (ancon Schodu)e G if the sum of such groa3 income and contributions exceeds $15,000) . Ob roc tai c Less: direct experts" from gaming and hmdraiairsg d Net income or (loss) from gaming and fundraidng events (add tinea 6a and 6b and subtract I'mo 8o) . , . . . , . , . . . . . . . . Od 7a Gross sales of inventory, less rattlers and allowances 7a to Las& cost of goods solo . . . . . . . . . , . . 7b __..•.. --•- _. c Groes profit or (toss) from sales of inventory (Subtract fine 7b frorn line 7a) . . . . . . 70 O Other revenue (describe in Schedule 0) . . . . . s 9 Total revenue, Add lures 1.2.3, 4.5c, 6d, is and 9 ► 9 10 Grants and similar amounts paid r}ist in Schedule O) . . . . . . . . 10 I 1 Benefits paid to or for members . , . . . . . . . . . . . . . , , . , 11 12 Salaries, Other compensation, and employee benefits . . . . , . . . . . . . 12 13 13 professional fees and other payments to independent contractus 14 Occupancy, rent, udlit es, and maafenanu . . 14 15 Printing, publications, postage, and shipping . , . . . . . . . . . 15 16 Other expenses (describe in Schedule, O) . . . . . . . . . . . is 17 17 Total axiesinam, Add lines 10 10 . Y 19 Exosss of (deficit) for the year (Subtract lime 17 from line 9) , . . . 19 Not assets or fund balances at beginning of year (tree line 27, column (A)) (Murat allytte wih ..: end -of -year figure reported on prix year's ratan) 1g 20 Other changes in net assets or fund balances (explain in Schedule O) 21 Net assets or fund balances at and Of year. Combine lines 18 through 20 ► 21 For Paperwork Redaepon Act Nell, see the *operate instruction, CeeNo, f ysA2r Fame 990 -EZ w2t 0 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 23 46 Did the organization engage, dtrwtty ar Indirectly, in political campaign activitles on behalf of or in opposition to cartdkfates for public office? if "Yes,' cony iete Schedule C, Pact i . . . . . . . . . . . Alt section 501(cH3) organizations must answer questions 47-491 and 52, and complete the tater for lines 50 and 51 47 the the organizatron wigsge in lobbying activities or have a section 501(h) election In effect during the tans year? II -y"'. complete Sdw&tte C, pat ll > > > . . . . . . . . cowl • •. •es r 11 Iii ..• .1-• • ttjt tela use yreeClF bal�1k1141Q Ow manenWlSia7.eaa N A -1p tmumpsf"'k dWdW mpaWtlar kl FIs o Paweeoxr {€prma W -2/i OWM6C1 Hem" arwtb� m*tuliamtarn;lk)Iwa beFwrO ttaro.aro ref MEOreiladamaaar/ omatantpawfcen I Total number Of OthOremployM POW Over /1 / rr more,61 4:ompWa this table for the orgamizatoros Ove hignest comoonsated indoperuclont contractors who each received 11 11/ • 25IL �S15� _ y: • L :. ,. 1-' r V. 'I.h 1•f. WNannd"d0dr"odeachrdoWd@Owritreclorpod r i 11100.800 1 toT"Moi.aek:e l w d 'total number of other independent contractors each receiving over $100,000 . . ► 52 Did the organization complete Schedule A9 Note: All section 501(c)() organizations and 4947(a)(1) nonexempt charitable trusts must attach a c tad Schedsae A ► ❑ Yes ( 1 No undw Dowtes of PNF^, I declare amt I i eve e>temined ads natm Jrclu, ly i wrowtp d scitwWm ale atatamrss, ale to the oefm d My Ir*wWae and belM, it it M 'sonar, use scapaw. nrdartl#xe a W"Awer forw awn aP" * based on at in%vetan a which prepaa has ilYl' kro.ietve- Sign Hero k P� ref P**Iperrewrer'sname �I:cpae!'siiamum I°oa. ICheek❑A VIIN use Only firer s one ► Fem's EN 0 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modred August 5, 2014 Page 24 4 +� CERTIFICATE OF LIABILITY INSURANCE NM54w UAC izot.. WIM17M COVERAGES THE PMtCO OF INSURANCE LISTED BELOW HAYS BEEN ISSUED TO THE INSURED NAWS XMI FU THE P3LK7 PERIOD UUNCATED. NOTWINNSTANOM ANY REQUTAtMENT. TERM OR CONDITION OE ANY CONTRACT OR OTHER DOCUMENT WITH AESRECI TO WHICH THIS C[BHICATID111 MAY BE ISSUED OR MAY PERTAIN, THE 0"ANCE. ATPOAOED BY TNI. POLICIES OMPUSCO HEREIN IS SUOECT TO ALL THE TERMS. EXCLUSIONS AND CONOIHONS Of SUCH AGGREGATEVOUCIESI MAY HAVE EN REDUCED BY P/u0 CLAIMS, wsR 3111 WI Nisi TRiwIM4MNtl6 IrJNCIraNwtlM r tPwrnvt "ft kTwfb roux --WIN "Hlmww= tWWri A. 4 3@SI6t3UM M i ti1MMLK5w1G{MRdMUw011R L34MSY89r Q cow& t NgffY3fJ9YlIwNtiR txaf3 s3FNv'MTf Sdd9'rrARSty. 3 racer 0 nK00 w wpM33341Mi0w 04w"M Ufta4a5 iKM9LL Nu $1, M _ f'�wtNrrh[tl 33d4Wtl � .......,. NtEY Sip dwt Sais. TE303 �. IENSOM4(YlfiV:MY Y 3j pJ} 9lHOF4MGt9C31 - IDO SpC41N`H>tdd3Atwtu 9N RMMMg6il MNY44Y Oft •tiM 1ti OMvw69 hail% 3lilf]1tf04RCi MNt1Y Md�f MbwfSM+fE. 48113 iti3YtMtO3NG13.39W3 R.SYC%SS*1I ita64ti1MWr tM MMrri #04RYNSAl irf �wl9r..W ¢MrdtR1Y Q4Xd63. WA4t UwA41tt 4R 411§ 1.L}104ty. RR Xb41M 05wfRiMww1 "kc leiTO davit'. 1�i tlffiS J WiMNLgtIwYMilt QCLSN Q CL4l13Yw43 G)Mtt�H1f KTIW04 41['N OCf#fHNit .w;;ryMtNA1i f3M.CNRTWgYtUNYf 1 M 9�raCtl�AfeM�9ltF fW'�IUC�Ittv3C4Rn8 � EVwtMlMYIb NeT 4lOwt�trJ�eSvpMS Mw 4 Y5 t S:t rbtu KAkiM f. i mtA$f -U+N %01(1 L3 Ufftl3+FIXKvt�i was N IM PtgM w MARPq M3 r Sw.4f IfMd! 3lewnr3 J pGON W 4.100M N lNC4N3Rf M (1� Mt Aq�A90MA k h W Hflt03 SM #TRd IFeI! M bb«rtenM"+SNwr a M udOmw� YNUM i.t erte rfF nNrX+l m Jv =N'wtMn a19w �usud Slwva@+acwp tM'igiT.'i faW tray I,pn tllw W uav inwt't PTe �rr�.x M1tCAt V M'a8P'iNIIR. bd�6Ytfi AP4NR MNAN'5 r+d efi��fb3tf IF CERTIFICATE HOLDER CANCELLATION -tYMIWGMM4h+ifQNVNR.OM fN; NWb6KfiM KraMS!M1 tw MCGrM [M'rr Npr�Avh U.itd� "" MM M S14 Y NS[RRiO I u N OwftfP NVM M wMM.xM "Tr 1N1R91, ""Mom N311PN WN "40*0 M U'A w "" ""IM M Ma M LK rrAfMiAN M91wN W4t0 SO fK iM. NIS iNLL1C 104030Of13S IFYpY fq NlMNg33 OR wNmw wfx NMOiiQ1 M awlurfA 4i Nb+v.3a<•CSwtdYRiheR MRMrw1iN9NSSYM T" ACORD 25120091011 0 1988.2009 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 25 POLICY NUMBER: PHPK553598-W4 COMMERCIAL GENERAL. LIABILITY CO 20 26 67 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under Me following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Pemon(s) Or Organization(s) City of Newport Beach, Its officers, officials, employees and volunteers 110 Civic Center Drive Newport Beach, CA 92660 Information required to eta this Schedule, if not shown above, will be shown In the decisratans. It is understood and agreed that the City of Newport Beach, its officers, of offals, employees and volunteers are added as an additional Insured but only as respects the operations of the named insured except that HaWkyy resulting from the additional insureds solo negligence, TMs pot c r Is primary and non-contributory Section Il — Who Is An Insured is amended to In- clude as an additional insured the persons) or organa zatlon(s) shown In the Schedule, but only with respect to liability for'bcdity injury", "property damage' or 'personal and advertising injury" caused, in whole or Ln part, by your acts or omissions or the acts or anis- slons of those acting on your behalf, A. in the performance of your ongoing operations; or 8. In connection with your premises owned by or rented to you. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Modified August 5, 2014 Page 26 Tentative Start Date j Tentative End Date Instructions: For each field you are requesting, list the times of intended use in the boxes underneath each of the days below. CIRCLE ALL TIMES REQUESTED THAT ARE GAME DAYS. (Practice times not circled). Be sure to rank your field preference in the Rank Column, one (1) being your first priority. It is recommended that you request back un fields. in case your first choice is not available. FIELD MON TUES WEDS THURS FRI SAT SUN RANK Arroyo Park .Bonita Creek Softball #1 Bonita Creek Softball #2 Bonita Football CYC/Grant Howald Lincoln 91 - Lincoln #2 Lincoln #3 Lincoln 94 & 05 BCSP #1 BCSP # 2 BCSP #3 BCSP #4 BCSP #5 BCSP #6• Bob Henry#1 Bob Henry #2 Buffalo Hills Coastal Peak Park #1 Coastal Peak Park #2 Eastbluff #1 Irvine Terrace Mariners #1 Pennisula Park San Miguel Summer Alistair Dates/Days/Locations (Tentative) Summer Camp Dates/Days/Locations (Tentative) EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization 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 City. Organization agrees to provide insurance in accordance with requirements set forth here. If Organization uses existing coverage to comply and that coverage does not meet these requirements, Organization agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Organization shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Organization shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Organization shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, include participants and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Organization shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of YSCMO — Newport Harbor Baseball Association Page B-1 Organization arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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 Organization or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Organization hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Organization shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of YSCMO — Newport Harbor Baseball Association Page B-2 insurance required by giving Organization sixty (60) calendar days advance written notice of such change. C. Enforcement of Agreement Provisions. Organization acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. 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 requirements unless approved by City. F. City Remedies for Non -Compliance. If Organization or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this MOU, or to suspend Organization's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Organization or reimbursed by Organization upon demand. G. Timely Notice of Claims. Organization shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Organization's performance under this MOU, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Organization's Insurance. Organization 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. YSCMO — Newport Harbor Baseball Association Page B-3 Q S MEMORANDUM OF UNDERSTANDING WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATIONS U FOR CONTINUED MEMBERSHIP THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into as of this 1st day of July, 2014, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NEWPORT HARBOR BASEBALL ASSOCIATION, a non-profit organization and Youth Sports Commission Member Organization ("YSCMO"), whose address is 1048 IRVINE AVE, PMB 320, NEWPORT BEACH, CA 92660 ("Organization"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. The League desires to continue their membership with the City's Youth Sports Commission Member Organization and use the City's sports fields and athletic facilities at times and dates specified in the City's biannual Field Allocation Schedule. C. The City and Organization desire to enter this MOU to set forth the responsibilities of each party. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this MOU shall commence on JULY 1, 2014 and shall terminate on JUNE 30, 2015, unless terminated earlier by the Organization by providing thirty (30) days written notice to the City, or if by the City by providing seven (7) days written notice, with or without cause, to the Organization. 2. DUTIES OF CITY The City intends to undertake the following activities pursuant to this MOU: A. City shall permit the use of the City's sports fields and athletic facilities at times and dates allocated by the Recreation & Senior Services Department which schedule is prepared and distributed on a biannual basis in the Fall and Spring, respectively ("Field Allocation Schedule"). B. City shall provide a basic level of maintenance at each of the City's sports fields and athletic facilities as identified in the Field Allocation & Use Policy, attached hereto as Exhibit A. City maintenance includes, but is not limited to; mowing, irrigation, restroom maintenance and trash removal. 3. DUTIES OF ORGANIZATION The Organization intends to undertake the following activities pursuant to this MOU: A. Organization shall enter into the MOU annually should they desire to maintain membership in the YSCMO. B. Organization shall abide by and acknowledges receipt of the "Youth Sports Commission Member Organizations Criteria and Responsibilities" and "Field Allocation & Use Policy" as adopted by the Parks, Beaches & Recreation Commission on April 1, 2003, revised September 4, 2012, or as it may be amended from time to time, which is incorporated herein by reference. C. Cooperate with City requests. 4. INSURANCE Without limiting Consultant's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization shall obtain, provide and maintain at its own expense during the term of this MOU or for other periods as specified in this MOU, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 5. HOLD HARMLESS To the fullest extent permitted by law, Organization shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this MOU, Organization's presence or activities conducted on City sports fields and/or athletic facilities (including the negligent and/or willful acts, errors and/or omissions of Organization, its principals, officers, agents, players, employees, vendors, suppliers, consultants, contractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Organization to indemnify the Indemnified parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this MOU. This indemnity shall apply to all claims and liability regardless of YSCMO — NHBA Page 2 whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Organization. 6. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Organization to City shall be addressed to City at: Attn: Recreation Supervisor Recreation & Senior Services Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3160 Fax: 949-644-3155 E-mail: recreation (a)newportbeachca.gov All notices, demands, requests or approvals from City to Organization shall be addressed to Organization at: Attention: JIM BINFORD PRESIDENT NEWPORT HARBOR BASEBALL ASSOCIATION 1048 IRVINE AVE, PMB 320 NEWPORT BEACH, CA 92660 Phone: 949-683-1775 7. STANDARD PROVISIONS A. Recitals. City and Organization acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. B. Compliance with all Laws. Organization shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. C. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. D. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, YSCMO — NHBA Page 3 and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. E. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and any attachments attached hereto, the terms of this Agreement shall govern. F. Interpretation. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. G. Amendments. This MOU may be modified or amended only by a written document executed by both Organization and City and approved as to form by the City Attorney. H. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. I. Controlling Law and Venue. The laws of the State of California shall govern this MOU and all matters relating to it and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. J. Equal Opportunity Employment. Organization represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. K. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. L. Counterparts. This MOU may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] YSCMO — NHBA Page 4 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California Municipal Corporation y Date:r 15 --/q q Date: `j' '�"- B Obi By: Aaron C. Harp City Attorney ATTEST: Date: By: Leilani Brown, City Clerk Attachment: ByVara etwe r, Director on & Senior Services Dept ORGANIZATION: NEWPORT HARBOR BASEBALL ASSOC. By: L14,_� / ' (P16 IDE T) Print Name: ['tmE4 Date: 1 a 1, )-91 Exhibit A — Insurance Requirements EXHIBIT A INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization 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 City. Organization agrees to provide insurance in accordance with requirements set forth here. If Organization uses existing coverage to comply and that coverage does not meet these requirements, Organization agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Organization shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Organization shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Organization shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Organization shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Organization arising out of or in connection with Work to be performed e under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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 Organization or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Organization hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Organization shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Organization sixty (60) calendar days advance written notice of such change. YSCMO - NHBA Page A-2 l C. Enforcement of Agreement Provisions. Organization acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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 la 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. E. 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 requirements unless approved by City. F. City Remedies for Non -Compliance. If Organization or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this MOU, or to suspend Organization's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Organization or reimbursed by Organization upon demand. G. Timely Notice of Claims. Organization shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Organization's performance under this MOU, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Organization's Insurance. Organization 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. YSCMO - NHBA Page A-3 MEMORANDUM OF UNDERSTANDING WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATIONS FOR CONTINUED MEMBERSHIP THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into as of this 1sT day of September, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NEWPORT HARBOR BASEBALL ASSOCIATION, a non-profit organization ("Organization") which is a member of the Youth Sports Commission Member Organization ("YSCMO"). Organization's address is 1048 IRVINE AVENUE- PMB 320, NEWPORT BEACH, CA 92660("Organization"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. The NEWPORT HARBOR BASEBALL ASSOCIATION desires to continue their membership with the City's Youth Sports Commission Member Organization and use the City's sports fields and athletic facilities at times and dates specified in the City's biannual Field Allocation Schedule. C. The City and Organization desire to enter this MOU to set forth the responsibilities of each party. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this MOU shall commence on September 1, 2013 and shall terminate on June 30, 2014, unless terminated earlier by the Organization by providing thirty (30) days written notice to the City, or if by the City by providing seven (7) days written notice, with or without cause, to the Organization. 2. DUTIES OF CITY The City intends to undertake the following activities pursuant to this MOU: A. City shall permit the use of the City's sports fields and athletic facilities at times and dates allocated by the Recreation & Senior Services Department which schedule is prepared and distributed on a biannual basis in the Fall and Spring, respectively ("Field Allocation Schedule"). B. City shall provide a basic level of maintenance at each of the City's sports fields and athletic facilities as identified in the Field Allocation & Use Policy, attached hereto as Exhibit A. City maintenance includes, but is not limited to: mowing, irrigation, fertilization, aeration, restroom maintenance, and trash removal. 3. DUTIES OF ORGANIZATION The Organization intends to undertake the following activities pursuant to this MOU: A. Organization shall enter into the MOU annually should they desire to maintain membership in the YSCMO. B. Organization shall abide by and acknowledges receipt of the "Youth Sports Commission Member Organizations Criteria and Responsibilities" and "Field Allocation & Use Policy' as adopted by the Parks, Beaches & Recreation Commission on April 1, 2003 and revised September 4, 2012 and attached hereto as Exhibit A, and incorporated herein by reference. C. Cooperate with City requests. 4. INSURANCE Without limiting Consultant's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization shall obtain, provide and maintain at its own expense during the term of this MOU or for other periods as specified in this MOU, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 5. HOLD HARMLESS To the fullest extent permitted by law, Organization shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this MOU, Organization's presence or activities conducted on City sports fields and/or athletic facilities (including, but not limited to, the negligent and/or willful acts, errors and/or omissions of Organization, its principals, officers, agents, players, employees, vendors volunteers, suppliers, consultants, contractors, anyone employed directly or indirectly by or associated in any way with any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Organization to indemnify the Indemnified parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this MOU. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Organization. 6. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Organization to City shall be addressed to City at: Attn: RECREATION SUPERVISOR Recreation & Senior Services Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3150 Fax: 949-644-3155 E-mail: JSCHMILLEN(o)NEWPORTBEACHCA.GOV All notices, demands, requests or approvals from City to Organization shall be addressed to Organization at: Attention: JIM BINFORD, PRESIDENT NEWPORT HARBOR BASEBALL ASSOCIATION 1048 IRVINE AVENUE — PMB 320 NEWPORT BEACH, CA 92660 Phone: 949-683-1775 Email: JBINFORDCcDPLAYNBA.COM 7. STANDARD PROVISIONS A. Recitals. City and Organization acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. B. Compliance with all Laws. Organization shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. C. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any YSCMO — NHBA Page 3 subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. D. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. E. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and any attachments attached hereto, the terms of this Agreement shall govern. F. Interpretation. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. G. Amendments. This MOU may be modified or amended only by a written document executed by both Organization and City and approved as to form by the City Attorney. H. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. I. Controlling Law and Venue. The laws of the State of California shall govern this MOU and all matters relating to it and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. J. _Equal Opportunity Employment. Organization represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. K. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. L. Counterparts. This MOU may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PACE] YSCMO — NHBA Page 4 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I'd, 4- I S By: WAKto r Aaron C. Varp City Attorney ATTEST: By: A W Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation Date: -\ ° ' . • k l� By: ra Detwei , Director R reation & Senior Services Dept ORGANIZATION: NEWPORT HARBOR BASEBALL ASSOCIATION Date: q-:7.5 -13 VAINW'01111M,A2 -- TPrint Nac)" Date: `i - K -,/ Print Name: Date: Attachment: Exhibit A - Youth Sports Commission Member Organizations Criteria and Responsibilities Field Allocation and Use Procedure Exhibit B - Insurance Requirements EXHIBIT A Youth Sports Commission Member Organizations Criteria and Responsibilities Field Allocation and Use Policy This document sets forth the procedure for the City of Newport Beach (City) to facilitate the allocation of all available fields or gymnasiums under its ownership and/or allocation control. It is necessary to formulate this procedure for the following reasons: A. User groups need a procedure to secure fields or gymnasiums for the planning of games, practices, and/or events. B. The demand for field or gymnasium usage exceeds the City's ability to permit unlimited and/or unscheduled use by all participants. C. Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. D. Allocating field or gymnasium space to qualified organizations assists the City in the fulfillment of the Charter to plan, coordinate and direct community recreational activities. L PROCEDURE It is the intent of the City of Newport Beach Recreation & Senior Services Department to allocate field or gymnasium use to requesting and qualified organizations on the basis of fairness and impartiality in concurrence with the seasonal priorities mentioned in definitions section. The resulting surplus of field time shall be allocated at the discretion of the City of Newport Beach Recreation Services staff, based on the priorities. 11013"U01 This section defines the terms used throughout this procedure. A. City: For the purpose of this document, the City of Newport Beach and/or Recreation & Senior Services Department will be referred to as the "City." B. Participant: Participant(s) shall include only those players who are fully registered with the user organization. Non -players such as coaches, officials, and staff shall not be considered participants. For the purposes of field allocation, each organization must present actual enrollment data from their previous season indicating names, addresses, phone numbers, and birth dates of all participants. Upon receipt, City staff will count the number of the City residents within each organization for purposes of allocation. C. Organization: Organization(s) shall include only those user groups listed in III.C. — User Groups — Classifications below that have completed required documentation with the City. An organizational representative consisting of the organization's Board or League President or Vice President of each of those in Group C is required to attend the Youth Sports Commission (YSC) meetings usually held semi-annually for field allocation review. D. Season: For the purposes of this procedure, the seasons are established as follows: Seasons Pre-season/Tryouts In -Season Opening Date In -season Closing Date Post —season/All stars Sport "In Season" Fall Spring August �5-September x February t - 28 September 1 March 1 December 15 June 3o As Available As Available Football/Soccer Baseball/Softball E. Primary Priority User: An organization whose sport has been classified as "In Season" will be given first priority access to facilities during their designated season. F. Secondary Priority User: An organization whose sport has been classified as not "In Season" will be given second priority access to facilities during their non -season. G. Priority: Field assignments are based on the following priorities: Primary Priority i. Maintaining fields/facilities 2. Providing fields/facilities for organized game use. Secondary Priority 3. Providing Fields/facilities for the use of "practices" will be allocated only after all maintenance and game requests have been processed. III. USER GROUP -CLASSIFICATIONS Facility Use Permits will be approved on the basis of priority as follows: A. All official Recreation & Senior Services Department initiated and/or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center. B. All official City of Newport Beach activities. C. All official YSC member organizations (with current and up-to-date required documents). In season groups will have first priority and sports not in season will be considered secondary users. D. Official public agency sponsored programs and activities not included in A, B., and C. above. E. Recreational, social or civic activities of groups which are resident promoted and sponsored by local non-profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. F. Recreational or social activities of private Newport Beach residents, which are not open to the public. G. Recreational, social or civic activities and/or groups which are non-resident promoted and sponsored by non-profit organizations which are open to the public, but not qualifying under D above. YSCMO — NHBA Page A-2 H. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non-profit. I. Commercial businesses and all others. In order to qualify for resident classifications, organizations must submit rosters of their most current membership, with resident verifications. N. APPLICATION Each organization is required to submit field requests by November r for the following spring field use, and May r for the following fall field use. Any organizations missing these deadlines will have access to any remaining fields on an "as available" basis only. Each league must present official league enrollment data from their previous season indicating names, addresses, phone numbers, and birth dates of all participants, with their application. The number of the City residents within each organization enrollment must be determined and confirmed by the City prior to the field allocation meeting. V. ALLOCATION A. City staff will review all the applications and allocate fields equitably based on the priorities listed in this policy and encourage optimum cooperation between all user groups. Field allocations will be reviewed and discussed twice a year at the semi-annual (YSC) meetings (see section H. G. and HQ Any appeals to decisions or allocations can be made to the Parks, Beaches & Recreation Commission within io days of the YSC meeting. B. Allocations are based on the number of City of Newport Beach residents within each organization as well as the priority season and priority group. C. Allocations will be based on official rosters submitted by each organization as required by membership in the YSC and outlined in section IV. D. Field Allocations will be made based on the number of fields each season that the Recreation & Senior Services Director deems are available for distribution. The distribution formula will be as follows: 70% of the available fields for primary priority season (City and YSC member organizations) 15% of the available fields for secondary priority season activities of YSC member organizations • 5% of the available fields are not allocated and used for maintenance rotation, community use and other items not anticipated on an as needed basis. These fields will be reallocated to qualifying organizations as they become available based on the allocation formula. E. Home fields will be assigned to all eligible youth groups as defined below: t. Youth Sports Commission Group Members (Classification C, in season) that qualify for two or more fields will be allocated two home fields. 2. Youth Sports Commission Group Members (Classification C, out of season) that qualify for one field will be allocated one home field. 3. Club teams that qualify for at least one field will be allocated one home field. 4. Each eligible group will be allocated home fields by season. YSCMO Page • l 5. Any requests to change league designated home fields will be brought to a meeting of the Youth Sports Commission. Each League eligible for home fields will have one vote. Majority vote will determine the outcome. 6. The Home Field counts as a regular field in a Youth Sports Commission group's total field count as determined by the field allocation formula (Section V — Allocation). VI. NOTICE OF NON-USE OF FIELDS Any user organization that has been allocated space and does not intend to use it on a regular basis must notify the City so that the field may be re -allocated or otherwise used. Failure to do so can result in forfeiture of all fields for the remainder of the season. Notice of non-use must be received by March i for spring and September 1 for fall so the field can be reallocated. Unless written notice is received, users will be billed for all allocations. All fields that are turned back in to the City for reasons of non-use by an organization will be allocated to the remaining qualified organizations based on the allocation formula. Any user group with documented non-use of an allocated field for two consecutive weeks after Labor Day in the fall and after March 1 in the spring will lose that allocation for the remainder of the season. Exceptions to this policy are made only with prior notification to Recreation staff regarding special circumstances. It is City Policy that user organizations turn in unused fields for reallocation. VII. NOTICE OF EXCHANGE OF FIELDS An organization cannot forfeit or exchange its allocation or any part thereof, with another organization without written approval of the City. Any such modification desired must be filed with the City and verified in writing by all parties wishing to exchange allocation. This allows for accurate billing of use and an accurate record of exchange for tracking purposes. User organizations who switch times/fields without going through the proper process may lose their entire allocation as a result. VIII. ATHLETIC FIELD LINING/MARKING 1. Lining of City fields with chalk or paint is not permitted without written permission granted by the City. 2. Burning lines on any City of Newport Beach parks and/or fields is not permitted. 3. Any user failing to comply with these guidelines are subject to the following: A. Payment for all damages occurring to the facility B. Termination of any /all field use permit(s) for one year ISL. RULES AND REGULATIONS OF FIELD USE i. User groups must designate a representative, an adult 18 or older, to be present during any/all of their practice and/or game time(s) at each City field/facility used. 2. Games and practices can begin no earlier than 31)111 on weekdays, and Sam on weekends. No games and/or practices may be scheduled on holidays without prior approval from the Community Services Director, or their designee. 3. Games and practices can end no later than 9:45pm weekdays, and dusk on weekends, except through special request to the Parks, Beaches and Recreation Commission. YSCMO — NHBA Page A-4 4. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the City. 5. Organizations/groups utilizing lighted facilities are responsible for ensuring the proper use of lights. The City reserves the right to bill user groups for hourly energy costs incurred during hours that lights are left on and the fields are not being used. 6. Use of portable lights is prohibited unless permission is granted by the Parks, Beaches and Recreation Commission. 7. Use of metal cleats is prohibited. 8. Alcoholic beverages are prohibited at all City parks and facilities, except Oasis Senior Center. g. No artificial noisemakers, i.e., horns, rattles, bells, whistles, etc. are permitted. Officials or coaches, as a necessary part of the activity, may employ such devices upon consultation with the City. 1o. At the conclusion of games, practices, and activities, organizations must leave the park/facility quickly, quietly, clean, and clear of debris. Failure to do so will result in a maintenance -cleaning fee being assessed to the group. 11. All user groups that are classified under Section III. C — E must have at least 50% of their City residents participate actively on a weekly basis. When a team is playing against a team from another jurisdiction, this rule shall apply to only the "host" team representing the qualified organization. Roster changes that affect compliance with residency requirements must be reported to the City within one week of occurrence. Failure to do so will result in forfeiture of all fields and/or facilities. 12. Organizations or teams must provide required insurance documents to City prior to allocation of fields/gymnasiums. X. TRAFFIC AND PARKING 1. The user group must assure that participants and spectators utilize off-street public parking areas, when available. If parking conditions warrant, e.g., during pre-, post-, and regular season or tournament play, the user group will provide, at their cost, at least one safety officer to direct participants and spectators to designated parking areas. The City, at its sole discretion, may require additional parking mitigation on an event -by -event basis. 2. Driving, operating, or parking any motor vehicle within the City parks and/or facilities is prohibited, except in areas specifically designated as parking areas unless prior written permission is obtained from the City. In case of medical emergencies, only emergency vehicles will be allowed on the park for rescue purposes. 3. All vehicles shall be legally parked. M. PUBLIC ADDRESS SYSTEM USE 1. Sound amplification equipment may be allowed in City parks only with a Special Event Permit. An approved City permit is required prior to use of any sound amplification equipment. Permits may be applied for in the Recreation & Senior Services Department. A minimum of 15 working days is required for consideration of approval. 2. Only persons 18 years and older will be allowed to operate any public address system. All public address system use for athletic events must pertain to the game being played. Special announcements should be kept to a minimum. "Play-by-play" announcing is prohibited. YSCMO — NHBA Page A-5 XII. MAINTENANCE "M t. The City will maintain parks, facilities, and fields for public use at City standard and will install permanent equipment such as pitching rubbers, base anchors. 2. The YSC member organizations must financially support any desired or additional maintenance such as field preparation, lining of the fields, setting of bases or a higher standard of maintenance than the City s standard. 3. The YSC member organizations will provide an annual Facility Improvement Plan to repair, improve or renovate those fields or gymnasiums used during their seasons. No work can be initiated until plan is approved by City staff. 4. Members are responsible for any damage or repairs needed due to implementation of Facility Improvement Plan. The organization is responsible for insurance, worker's compensation and any contracts required by the City of Newport Beach for the work being done on City property. Any failure to complete the Facility Improvement Plan properly that results in costs to the City shall be reimbursed to the City by the member organization. s. User groups/organizations maintenance responsibilities shall include: A. User groups/organizations are responsible for all maintenance such as lightweight field preparation, setting of temporary bases or goals. B. Motorized vehicles are not permitted in the City facilities for the preparation of athletic fields or other activities unless prior written permission is obtained from the City. 6. Each user group is responsible for the facility being free of trash or debris caused by their group's usage, including checking restrooms and parking areas. 7. User groups are required to report any and all damage or acts of vandalism to the City immediately. 8. The removal of bases or use of base plugs requires prior departmental approval. Any request to modify or improve any City facility shall be submitted for review to the City Parks and Recreation staff for consideration. No permanent structures or equipment shall be erected on City facilities unless approved by the City and dedicated for community use. XIV. STORAGE AND/OR CONCESSIONS 1. Storage units may be placed with written permission only and are the responsibility of the User group. Storage units must be in good condition at all times and any vandalism or breakage must be repaired immediately. Group must maintain the storage facility in a clean manner at all times. 2. The City assumes no liability or responsibility for any equipment or storage units kept in the storage areas. 3. User groups must provide keys to City staff for all storage units, locked closets and fenced areas. 4. No equipment maybe left out on fields or outside bins unless approved by the City. s. Organizations are required to provide an inventory of all items stored in said containers. Any/all flammable and/or toxic substances are strictly prohibited in storage containers. 6. Any user failing to comply with these guidelines are subject to the following: YSCMO Si '.� A. Payment for all damages occurring to the facility B. Termination of any /all field use permit(s) for one year XV. BANNER Separate regulations governing the display of temporary advertising banners in the City parks are available at the City (see City Council Policy B -i4 — Temporary Signs with Sponsorship Recognition in City Parks and Beaches). Any group wishing to display banners on City facilities should request a copy of those regulations prior to arranging for any banners. Although there is not cost, there is a limit to the number and times a banner can be displayed. XVI, OTHER Organizations/Leagues anticipating a split to form a new organization/league, or individuals planning to organize a new sports program must apply to the City six months prior to the estimated starting date. The application will provide the time necessary to study the impact of the new program on existing facilities and evaluate the request. Once approved for co- sponsorship status, the City makes no guarantee of space if all space has been previously reserved. XVIL POLICY This procedure is consistent with Council Policy B -i3— Public Use of City Facilities that takes precedence if there is any conflict discovered. XVIII. FEES n. Youth Sports Commission Member Organization fee of $1 per hour to offset the cost of field use and the Park Patrol program. 2. Club team fee of $13 per hour to offset the cost of field use and the Park Patrol Program. 3. Fee for athletic field lights is $30 per hour. 4. A Youth Sports Commission Member Organization and Club organization maintenance fee of $no per player, per season will be based on the previous year's fall/spring rosters. If the Commission Member Organization/Club is new, the maintenance fee of $no per player will be assessed on its first season's roster. The Youth Sports Commission Member Organization assessment will be based on residents only with Club organizations being based on total organization membership. Other groups who reserve fields for five calendar dates or twenty hours during any season will also be assessed the maintenance fee of $to per player, based on their current roster, and will be based on total organization membership. Organizations will be billed on July 1 annually for both seasons. Funds is -will be expended or encumbered by June 3oth of each fiscal year. Funds collected for each organization--t-e will be expended on their allocated fields. In general, the maintenance funds will primarily be allocated to recover fields from damages incurred, following each group's field use. Every effort will be made to spend all collected funds within the billing year. There may be instances when a small percentage of funds collected from an organization will not be expended on their allocated fields. The City will follow its normal bidding and purchasing process in expending the collected funds. Collected fees will be expended on projects above and beyond the City's ongoing maintenance program. Examples of typical projects include sodding, over -seeding, deep -tine aeration, supplemental amendment and fertilizer applications, fencing, and infield renovations. The City will partner with organizations to determine projects. Revised —9/4/12 Parks, Beaches & Recreation Commission YSCMO — NHBA Page A-8 EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization 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 City. Organization agrees to provide insurance in accordance with requirements set forth here. If Organization uses existing coverage to comply and that coverage does not meet these requirements, Organization agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Organization shall maintain Workers' Compensation Insurance, statutory limits, and Employee's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Organization shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Organization shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, include participants and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Organization shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Ell 61 Organization arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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 Organization or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Organization hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. S. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Organization shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of YSCMO — NHBA Page B-2 insurance required by giving Organization sixty (60) calendar days advance written notice of such change. C. Enforcement of Agreement Provisions. Organization acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. 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 requirements unless approved by City. F. City Remedies for Non -Compliance. If Organization or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this MOU, or to suspend Organization's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Organization or reimbursed by Organization upon demand. G. Timely Notice of Claims. Organization shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Organization's performance under this MOU, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Organization's Insurance. Organization 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. YSCMO — NHBA Page B-3 ACO RD CERTIFICATE DAT OF LIABILITY INSURANCE 1/112o 3""" PRODUCER 949.825.6031 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Athletic Insurance Products ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18952 MACARTHUR BLVD., STE 460 IRVINE, CA 92612 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, A X 3602AH235752-13 1/01/13 1/01/14 INSURERS AFFORDING COVERAGE NAIC# INSURED Newport Harbor Baseball Association 1048 Irvine Ave., PMB320 Newport Beach, CA 92660 INSURERA: Markel Insurance Company 0785 _ INSURERS _. INSURER C: INSURERD: $ $ 5,000 INSURER F' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' ._.__.......... POUCYNUMBER DATEIEFFEMMIDDCTIVE POLICY EXPIRATI I LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 A X 3602AH235752-13 1/01/13 1/01/14 DAMAGE encs 100,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR PREMISES Eacc MEDEXP(Anyoneperson) $ $ 5,000 —includes Athletic Participants X PERSONALBADV INJURY $ 1,000,000 3,000,000 GENERAL AGGREGATE $ _ GENY AGGREGATE LIMIT APPLIESPER: PRODUCTS -COMPIOPAGG $� 1,000, 0 X POLICY Pt0 LOG AUTOMOBILE LIABILITY -7 COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccideni) BODILY INJURY $ ALL OWNEDAUTOS SCHEDULED AUTOS j (Per person) HIREDAUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peracddent) GARAOE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY'. AGO $ EXCES&UMBRELLA LIABILITY EACHOCCURRENCE _$ OCCUR CLAIMS MADE AGGREGATE $� $ $ DEDUCTIBLE RETENTION $ $ WCSTATU OTH- WORKERS COMPENSATION AND L E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY FT ANY PROPRIOWPARTNEWEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICEWMEMBER EXCLUDED? If yes, describe under l SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT ISPECML PROVISIONS It's hereby understood and agreed that the City of Newport has been added as an additional insured, but only in regard to negligence of the named insured. All terms and conditions of the policy apply. City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Y}IILL END_%AVOf `T"AIL �10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER IMPOSE NO OBLIOATIgN qR LIABI I LEFT, UT FAILURE TO DO SO SHALL 1P `THE INSURER, ITS AGENTS OR r�Z�I7tZ•ILi�Ca7dl POLICY NUMBER: 3602AH235752-13 Commercial Liability Effective Date: 01/01/2013 — 01/01/2014 THIS ENDORSEMENT CHANGES THE POLICY ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization Additional Insured: Named Insured: Insurance Company: Agent: SCHEDULE oil • .• •. Newport Harbor Baseball 1048 Irvine Ave., PMB 320 Newport Beach, CA 92660 Markel Insurance Company American Insurance Products 949.825.6031- CA License Number: OD28231 Name of Person or Organization: AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED BY AN AUTHORISED REPRESENTATIVE OF MARKEL INSURANCE COMPANY; OR LEGALLY ENFORCEABLE CONTRACT OR AGREEMENT BUT ONLY WITH RESPECT TO NEGLIGENCE OF THE NAMED INSURED, ITS PARENTS, AGENTS, EMPLOYEES AND ASSOCIATES ARISING OUT OF THE USE OF THE PREMISES. NO COVERAGE IS AFFORDED THE ADDITIONAL INSURED'S FOR ANY CLAIM OR LIABILITY BASED UPON ACTUAL OR ALLEGED DEFECTS IN THE SUBJECT PROPERTY/ AND OR BASED UPON ACTUAL OR ALLEGED NEGLIGENCE OF THE ADDITIONAL INSURED. IT'S AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE AND STATE OF CALIFORNIA WILL APPLY IN EXCESS OF, AND NOT CONTRIBUTE WITH, INSURANCE PROVIDED BY THIS POLICY. ACOM CERTIFICATE OF LIABILITY INSURANCE DA110112013m PRODUCER 949.825.6031 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Athletic Insurance Products ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18952 MACARTHUR BLVD., STE 460 IRVINE, CA 92612 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICYEFFECTNE POLICYEXPIRATION INSURERS AFFORDING COVERAGE NAIC# INSURED Newport Harbor Baseball Association 1048 Irvine Ave., PMB320 INSURERA: Markel Insurance Company 0785 INSURERS: INSURERC: Newport Beach, CA 92660 INSURER D: INSURER E: PREMISES Ea Gccurence $ 100,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR00' LTR NIIRTYPF Q9 INSURANCE POLICY NUMBER POLICYEFFECTNE POLICYEXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 3602AH235752-13 1/01113 1/01/14 EACH OCCURRENCE $ 1,000,000 PREMISES Ea Gccurence $ 100,000 CLAIMS MADE F39OCCUR MED EXP(Anyone person) $ 5,000 X nudes Athletic PaTicipants PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT AP PLIES PER PRODUCTS � COMNOP AGG $ 1,000,000 T POLICY PRO- LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY$ (Per accident) HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) — GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ _ ANVAUTO AUTOONLV: AGG $ E%OESSIUMBRELLALIABILITY EACHOCCURRENCE $ OCCUR L-1 CLAIMSMADE AGGREGATE b $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND OTHDRY LIM _,- WC STATU- I ER EMPLOYERS' LIABILITY ANY PROPRIETO WPARTNEIUE%ECUTIVE E.L.EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICEWMEMBER EXCLUDED? I(yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICYLIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It's hereby understood and agreed that Newport Harbor Baseball Association has been added as an additional insured, but only in regard to negligence of the named insured. All terms and conditions of the policy apply. Newport Harbor Baseball Association 1048 Irvine Ave., PMB320 Newport Beach, CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED DATE THEREOF, THE ISSUING INSURER NOTICE TO THE CERTIFICATE HOLDER N IMPOSE NO OBLIGATION OR LIABILITY' AUTHORIZED REPRESENTATIVE CANCELLED BEFORE THE EXPIRATION IOR TO MAIL 10 DAYS WRITTEN EFT, BUT FAILURE TO DO $0 SHALL UPO E INSURER, ITS AGENTS OR ACORD,N CERTIFICATE OF LIABILITY INSURANCE °A1101/2013m PRODUCER 949.825.6031 Athletic Insurance Products 18952 MACARTHUR BLVD., STE 460 IRVINE, CA 92612 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Newport Harbor Baseball Association 1048 Irvine Ave., PMB320 Newport Beach, CA 92660 INSURERA: Markel Insurance Company 0785 INSURERS: INSURERC: INSURERD: NSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSROD' T.POUCYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A BENERALLIABIUTY X COMMERCIAL GENERAL LIABILITY LLIABILITY � CLAIMS MADE "I OCCUR 3602AH235752-13 1101113 1101114 EACH OCCURRENCE $ 1,000,000 pREMSES Eeoccuren $ 100,000 MED EXP(Anyonepemon $ 5,000 X nCludesAthletiC Parricipants PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 1,000,000 X POLICY PRO LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY $ (Per person) ALLOWNEDAUTOS SCHEDULED AUTOS BOO ILY INJURY $ (Per accidanp H I RED AUTOS NOWOWNEDAUTOS PROPERTY DAMAGE $ (Per Beeldert) GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE - AGGREGATE $ $ DEDUCTIBLE S RETENTION $ WORKERSCOMPEN 5ATIONANO WC STATU- OTH- LIM TR EMPLOYERS' LIABILRY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPLOYEE $ OFFICEWMEMBER EXCLUDED? I SPE yde ROCNL PPROVISIOSIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It's hereby understood and agreed that the Newport Mesa Unified School District has been added as an additional insured, but only in regard to negligence of the named insured. All terms and conditions of the policy apply. Newport Mesa Unified School District 2985 Bear Street, Building E Costa Mesa, CA 92626 SHOULD ANY OF THE ABOVE DESCRIBED DATE THEREOF, THE ISSUING INSURER NOTICE TO THE CERTIFICATE HOLDER IMPOSE NO OBLIGATION OR LIABILI CANCELLED BEFORE THE EXPIRATION 'OR TO MAIL 10 DAYS WRITTEN T FAIL TO 00 SO SHALL PO INSURER, ITS AGENTS OR POLICY NUMBER: 3602AH235752-13 Commercial Liability Effective Date: 01/01/2013 — 01/01/2014 THIS ENDORSEMENT CHANGES THE POLICY ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization Additional Insured: Named Insured: Insurance Company: Agent: SCHEDULE Newport Mesa Unified School District 2985 Bear Street, Building E Costa Mesa, CA 92626 Newport Harbor Baseball 1048 Irvine Ave., PMB 320 Newport Beach, CA 92660 Markel Insurance Company American Insurance Products 949.825.6031- CA License Number. OD28231 Name of Person or Organization: AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED BY AN AUTHORISED REPRESENTATIVE OF MARKEL INSURANCE COMPANY; OR LEGALLY ENFORCEABLE CONTRACT OR AGREEMENT BUT ONLY WITH RESPECT TO NEGLIGENCE OF THE NAMED INSURED, IT'S PARENTS, AGENTS, EMPLOYEES AND ASSOCIATES ARISING OUT OF THE USE OF THE PREMISES. NO COVERAGE IS AFFORDED THE ADDITIONAL INSURED'S FOR ANY CLAIM OR LIABILITY BASED UPON ACTUAL OR ALLEGED DEFECTS IN THE SUBJECT PROPERTY/ AND OR BASED UPON ACTUAL OR ALLEGED NEGLIGENCE OF THE ADDITIONAL INSURED, IT'S AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE AND STATE OF CALIFORNIA WILL APPLY IN EXCESS OF, AND NOT CONTRIBUTE WITH, INSURANCE PROVIDED BY THIS POLICY. LM 112004 COPYRIGHT, AMERICAN INSURANCE PRODUCTS AC©RD. CERTIFICATE OF LIABILITY INSURANCE °A�0 001`3 PRODUCER 949.825.6031 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Athletic Insurance Products ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18952 MACARTHUR BLVD., STE 460 IRVINE, CA 9261207 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION LIMITS INSURERS AFFORDING COVERAGE NAIC# _ INSURED Newport Harbor Baseball Association 1048 Irvine Ave., PMB320 Newport Beach, CA 92660 INSURERA: Markel Insurance Company 0785 INSURER B: INSURER C: NSURER D: INSURER E: AMAG REMTT""Rattu`— COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR &DD'L POUCY NUMBER POLICYEFFECTNE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CIAIMS MADE X OCCUR 3602AM236752-13 1/01/13 1101/14 EACH 1,000,000 AMAG REMTT""Rattu`— $ 00,000 MEDEXP(Anyonepemon) ${ 5.000 �+ DCIUdes Athletic Participarts PERSONAL& ADV INJURY _ $ 1,000,000 GENERALAGGREGATE $ 3,000,000 GEHL AGGREGATE UMITAPPLIES PER: PRODUCTS-CCMPIOPAGD $ 1,000,000 Xj POLICY 17 PR4 LOC AUTOMORILELIAMUTY ANY AUTO CED SINGLE LIMIT {Ee saldacpMent} $ BODILY INJURY (Perpemon) E ALL OWNEDAUTOS SCHEDULEDAUTOS BODILYINJURY (Per accident) $ HIREDAUTOS NON-OWNEOAUTOS PROPERTYDAMAGE (PeraPrident) $ GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ OTHERTHAN EA ACC _ S ANYAUTO AUTOONLY: AGG $ EXCESSJUMBRELLA LIABILITY EACHOCCURRENCE OCCUR CLAIMS MADE AGGREGATE $ E $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSATIONAND STATU- 0 - WC p EMPLOYERS' LIABILITY ANY PROPRIETCRIPARTNEMEXECUTIVE E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE _$ S OFFICERIMCMEER EXCLUDED? Ifra de6edbe UHder SP EC IAL PROVISIONS below E.L. DISEASE -POLICY LIMIT _.......�•-.......... $ OTHER DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It's hereby understood and agreed that The City of Costa Mesa has been added as an additional insured, but only in regard to negligence of the named insured. All terms and conditions of the policy apply. The City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92698 75 (2001/ORI, SHOULD ANY OF THE ABOVE 0 DATE THEREOF, THE ISSUING NOTICE TO THE CERTIFICATE IMPOSE NO OBLIOATION OR BE CANCELLED BEFORE THE EXPIRATION %y TO MAIL DAYS WRITTEN >E . UT FAILURE TO DO SO SHALL ,9% PON THE INSURER, ITS AGENTS OR 1988 POLICY NUMBER: 3602AH235752-13 Commercial Liability Effective Date: 01/01/2013 — 01/01/2014 THIS ENDORSEMENT CHANGES THE POLICY ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization Additional Insured: Named Insured: Insurance Company: Agent: SCHEDULE The City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92698 Newport Harbor Baseball 1048 Irvine Ave., PMB 320 Newport Beach, CA 92660 Markel Insurance Company American Insurance Products 714.210.8875- CA License Number: OD28231 Name of Person or Organization: AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED BY AN AUTHORISED REPRESENTATIVE OF MARKEL INSURANCE COMPANY; OR LEGALLY ENFORCEABLE CONTRACT OR AGREEMENT BUT ONLY WITH RESPECT TO NEGLIGENCE OF THE NAMED INSURED, IT'S PARENTS, AGENTS, EMPLOYEES AND ASSOCIATES ARISING OUT OF THE USE OF THE PREMISES. NO COVERAGE IS AFFORDED THE ADDITIONAL INSURED'S FOR ANY CLAIM OR LIABILITY BASED UPON ACTUAL OR ALLEGED DEFECTS IN THE SUBJECT PROPERTY/ AND OR BASED UPON ACTUAL OR ALLEGED NEGLIGENCE OF THE ADDITIONAL INSURED. IT'S AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF COSTA MESA, COUNTY OF ORANGE AND STATE OF CALIFORNIA WILL APPLY IN EXCESS OF, AND NOT CONTRIBUTE WITH, INSURANCE PROVIDED BY THIS POLICY. LM 112004COPYRIGHT, AMERICAN INSURANCE PRODUCTS