HomeMy WebLinkAboutC-5697 - MOU for continued MembershipMEMORANDUM 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 MESA
GIRLS SOFTBALL, a California non-profit organization ("Organization") which is a
member of the Youth Sports Commission Member Organization ("YSCMO").
Organization's address is P.O. Box 9321, Newport Beach, CA 92658 ("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:
1. 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 Mesa Girls Softball 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 Mesa Girls Softball 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: recreation(cbnewportbeachca.gov
All notices, demands, requests or approvals from City to Organization shall be addressed
to Organization at:
Attention: Paul Rodriguez
President
Newport Mesa Girls Softball
1934 Blackhawk
Santa Ana, CA 92704
Phone: 714-928-4056
E-mail: prod@pndinc.com
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 Mesa Girls Softball 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 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 — Newport Mesa Girls Softball 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: 9/►►
By: ` 4"'
Aaron C. H-aTr
City Attorney
ATTEST:
IX
1:3
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date:'3'
By"enior
r, Director
Services Dept
ORGANIZATION: NEWPORT MESA
GIRLS SOFTBALL
Date:
By:
Paul Rodriguez
President
-D
Dat),
es
By:
Liz Curtis
Secretary
Attachments: Exhibit A — Youth Sports Commission Member Requirements & Field
Allocation and Use Procedure
Exhibit B - Insurance Requirements
YSCMO — Newport Mesa Girls Softball Page 5
EXHIBIT A
YOUTH SPORTS COMMISSION
MEMBER REQUIREMENTS
FIELD ALLOCATION AND USE PROCEDURE
YSCMO — Newport Mesa Girls Softball Page A-1
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 Mesa Girls Softball Page B-1
9
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.
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 anytime.
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 Mesa Girls Softball 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 Mesa Girls Softball Page B-3
YOUTH SPORTS COMMISSION
Member Requirements
FA
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
FieldAllocation Requests.............................................................................................................
7
Field Allocation Procedure and Priority Formula..........................................................................
8
Noticeof Non Use of Fields........................................................................................................10
Noticeof Exchange of Fields......................................................................................................10
FieldUse Fees...........................................................................................................................
11
Field Maintenance Fees.............................................................................................................11
Field Maintenance and Modifications.........................................................................................11
Athletic Field Lining/Marking......................................................................................................12
Rules and Regulations of Field Use...........................................................................................13
Trafficand Parking...................................................................................................................
14
Public Address System Use.......................................................................................................
14
Storage and/or Concessions......................................................................................................14
Banners......................................................................................................................................15
Other........................................................................................................................................15
CityCouncil Policy...................................................................................................................
15
Violations....................................................................................................................................
15
Overview of 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
Modified 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.
Pre-Season/Tryouts
Fall
August 15 -September 1
Spring
Sp
February
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, or telephone 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
Modified 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 Feld 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
Modred 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.
8. 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
Modred 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
i. 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
Modified 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 tum 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 Dateas
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.
1. 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 30t" 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
Modified 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
Allocation Meeting
A
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
Modred August 5, 2014
Page 17
Fall Allocation
Field Allocation Request Form and Previous Fall Rosters Due
May 1
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 - http://www.irs.gov/nub/irs-
pdf/f990ez.pdf; 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
Modred August 5, 2014
Page 20
3 "4
ARTICLES OF INCORPORATION OF iENDOn #*ott Imseefat"of Si
efolesuldolcollomw
A California Nonprofit Public Benefit Corporation OCT 80
ARTICLE I
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 Law 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.
B. 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;
Mrm
ARTICLE IV
Notwithstanding any of the above statements of purposes and powers, this
corporation shalt 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 atter payment, or provision for payment, of all debts and liabilities of
this corporation shall 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
501(c)(3).
—Incorporator
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Modified August 5, 2014
Pige 21 '
INTERNAL P"tNUE SSRVICS
P. 0. Box 2S0S
CINCINNATI, OR 45201
DBPART"NST OF THE TREASURY
Employer Identification Number;
Date: NOV 30 toll DLN:
601310124
Contact Person:
lost
Contact Telephone Nuanber:
Accounting Period Ending:
December. 31
Public charity Status:
17o(b) (1) (A) (vi)
Form 990 Required:
Yes
Effective Date of Exemption:
May 4, 2011
contribution Deductibility:
Yes
Addendum Applies:
No
Dear Applicant:
We are pleased to inform you that upon review of your application for tax
exempt.,sratua we hay- determined xbst..vou are exempt from Federal income-tax.
under section Sol (c)(3) of the Internal Revenue Code. Contributions to you are
deductible under section 370 of the Code. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 2106
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.
organizations exempt under section 501(;)(3) of the Code ase further classified
as either public charities or private foundations. We determined that you are
a public charity under the Code section(u) listed in the heading of this
letter:
Please see enclosed Publication 4221 -PC, Compliance Guide for SOL (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
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1
2 Program service revenue Including government fees and contracts . , . . . . . . .
2
3 Membership dues and assessments . , . . . . . . , , ..
a
4 Investment income . . , . . . .
4
5a Gross amount from slate of assists other than Inventory . . . .bel
at
b Lass: coor alba basis and salol expsixios . . . bis
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c Gain or (bus) from sale of assets other than inventory (Subtract line 5b from line 5a)
8 Gaming ad fundradill events
a Gross Income from gam&3g (attach Setteduld G it gaster diem
5151000) . . . . . . . . . . . . . . . . . Ba
Is Gross income from fundraising events (trot Including S of comrrtrutions
from fundridsing events reported on 1'ma 1) (attarfi Schedule G it the,.
sum of such gross Income and contributions exceeds $15,000) . Bb
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c tees: direct erupt from gaining and fixidm ging events . . . 6c
d Net income or (bus) from gaming and fundraising averts (add fines 6a and 6b and sutihact
fine 6c) . , . , . , . . . .
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7a Gross sales of irmrentoy, less rearms and allowances . 78
-
b Less; oast of goods sold . . . . . . . . , . ib
.7C.
c Gross profit or (mss) from sales of inventory (Subtract lane 7b from line 7a) . ,
8 Giller revenue (desoriba in Schedxu°e 0) . . . . . , , . , . .
8
9 Total revenue. Add lines 1.2.3.4.5F 6d, 7c and 8 ►
8
110 Grants and slmiiix amounts paid (fit in Schedule O) . . , , . .
10
I 1 Benefits paid to or for members . . . . . . .
11
S4
12 Salaries, other Compensation, and anployse benefits . . , , . . .
12
13
S
13 Professional fees and other payments to independent contractors . , . .
14 Occupancy, rent, utf%Des, and maintenance . . . . . . . . . , . . . . . .
14
15 Printing, publications, postage, and snipping . . . . . . . . . . . , .
15
16 Other expenses (describe In Schede t) . . . . . . . ,
16
17 Totvf nseses. Alf Cures 10 t 16 . ►
17
18 Exeesa or (delirc4t) for the year (Subtract litre 17 from line 9) .
18
19 Not wets or Aad balances at beginning of year (from fine 27, column (Al) (must agree with
end -of -year figure reported an prior year's return) . , . ' , ♦ .
1g
20 Other changes in not assets or fund balances (explain in Schedule O) . , . .
20
21 Not assets or fund balances at end of M. Combine lines 18 uhrough 20 ►
211
For P epormork HarArc4on Act tsgtiCa, see the ""rate Instructions. Car, No, 10642 rant, Qwr:z "a
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Modified August 5, 2014
Page 23
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Section 501(c)M orgen4stions onty
Ali section 501(cX3) organintions must answer questions 47-49b and 52, and complete the tables for lines
5o and 51
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490 Old the organization make any transfers to an exempt nan�chantatde related organization? . . . . . . 480
b It *Yes,` was the related organization a section 527 organization?
60 Complete this We for the organization's five highest compensated employees (other than officers, dkectors, trustess and
employees) who each waived more than $10D.WO of comparisation from ttae organization. If there m none, enter "Norse'
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Modified August 5, 2014
Page 24
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ACORD 25 (2009/01} 0 1988.2009 ACORD CORPORATION. All rights reserved,
The ACORD name and Wfio are registered marks of ACORD
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Modred August 5, 2014
Page 25
0
POLICY NUMBER; PHPK553598.004 COMMERCIAL GENERAL LIABILITY
CO 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance pro Adsd under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persona Or Oroanizatbn Is
City of Newport Beach, its oilfcars, officials, employees and volunteers
100 Civlc Center Drive
Newport Beach. CA 92660
Information regulred to complete this Schedule, d not shown above, will be shown In the Declarations.
It is understood end agreed that the City of Newport Beach, Is offlows, officials, employees and volunteers are
added as an additional insured but only as respects the operations of the nomad insured except that l atnlity
resulting from the additional insumd's sola negligence, This policy is primary and non-contributory
Section II —Who Is An Insured is amended to lo -
dude as an additional insured the person(s) or organia
zation(s) shown In the SchoduK W only with respect
to liability for "bodily injury", "property dama W or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or anis.
cions dd those acting on your behalf.
A. In the performance of your ongoing operations; or
B. 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
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
recommended that you request back un fields. in case vour 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 #1
Lincoln #2
Lincoln #3
Lincoln #4 & #5
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
L��
Pennisula Park
San Miguel
I
I
1
1 M
'
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 Mesa Girls Softball 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.
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
YSCMO — Newport Mesa Girls Softball 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 Mesa Girls Softball Page B-3
y
' n 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- MESA GIRLS
SOFTBALL, a non-profit organization and Youth Sports Commission Member
Organization ("YSCMO"), whose address is PO BOX 9321, NEWPORT BEACH, CA
9265# ("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:
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 — NMGS 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(cbnewportbeachca.gov
All notices, demands, requests or approvals from City to Organization shall be addressed
to Organization at:
Attention: MIKE LEBER
PRESIDENT
NEWPORT -MESA GIRLS SOFTBALL
PO BOX 9321
NEWPORT BEACH, CA 92650T
Phone: 949-466-6314
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 — NMGS 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 — NMGS 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
No
Aaron �.Rarp
City Attorney
ATTEST:
Date: -7' �• ��1
By:
Leilani Brown,
City Clerk
0Rc���
Attachment:
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: � ` -13 - "-I
By:
L ra Detwei , Director
reation & Senior Services Dept
ORGANIZATION: NEWPORT- MESA
GIRLS SOFTBALL
By:
(P RE S I DE NT),,//
Print Name: 1 �K� L �'
Date: 6zq
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
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 - NMGS Page A-2
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 - NMGS Page A-3
I
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
MESA GIRLS SOFTBALL, a non-profit organization ("Organization") which is a member
of the Youth Sports Commission Member Organization (°YSCMO"). Organization's
address is PO BOX771
NEWPORT BEACH, CA 9265 ("Organization"), and is
made with reference tollowing:
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 MESA GIRLS SOFTBALL 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).
YSCMO — NEWPORT MESA GIRLS SOFTBALL Page 2
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: MIKE LEBER, PRESIDENT
NEWPORT MESA GIRLS SOFTBALL
PO BOX 9321
NEWPORT BEACH, CA 92658
Phone: 949-466-6314
Email: MIKE.LEBEROALCONE.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 — NEWPORT MESA GIRLS SOFTBALL 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
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 — NEWPORT MESA GIRLS SOFTBALL 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: uAm'40)iiWAA C
Aaron C. rp ��
City Attorney
ATTEST:
Date:
By:
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: k • U • 1
By:
ja ra Detw it r, Director
eation & enior Services Dept
ORGANIZATION: NEWPORT MESA
GIRLS SOFTBALL
By:
(PR SIDEN )
Print Name: cZ'
Date:
(DIRECTOR OF FIELDS)
Print Name:,:---'4A,/,�; a
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.
II. DEFINITIONS
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 — Ctassications 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 send -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 Snring
August 15 -September 1 February 1 - 28
September 1 March 1
December 15 June 30
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
1. 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.
YSCM0 — NMGS Page A-2
H. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition
of non-profit.
1. Commercial businesses and all others.
In order to qualify for resident classifications, organizations must submit rosters of their
most current membership, with resident verifications.
IV. APPLICATION
Each organization is required to submit field requests by November 1 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 III.) Any appeals to decisions or allocations can be made to the Parks,
Beaches & Recreation Commission within ro 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:
+ 7o% 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
+ ro % of available fields for allocations to groups in lower user classifications (E -I)
+ 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 he assigned to all eligible youth groups as defined below:
1. 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 — NMGS Page A-3
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 spare 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 i 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
IX. RULES AND REGULATIONS OF FIELD USE
1. 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 3Pm on weekdays, and 8am 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 — NMGS 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.
9. 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.
io. 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.
u. All user groups that are classified under Section III. C — E must have at least 5o% 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.
XI. PUBLIC ADDRESS SYSTEM USE
i. 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 — NMGS Page A-5
XII. MAINTENANCE
i. 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.
z. 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.
XIII.
5. 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
i. 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.
z. 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.
5. 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 — NMGS Page A-6
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-14 — 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.
This procedure is consistent with Council Policy B-13— Public Use of City Facilities that takes
precedence if there is any conflict discovered.
XVHL 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 $ng 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 $no per player, based
on their current roster, and will be based on total organization membership.
Organizations will be billed on July n annually for both seasons. Funds to -will be
expended or encumbered by June 30th of each fiscal year. Funds collected for each
organization—to 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
YSCMO — NMGS Page A-7
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—9/4J12 Parks, Beaches & Recreation Commission
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
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.
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.
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.
K 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 — NMGS Page B-3