HomeMy WebLinkAboutC-8102-2 - MOU for Continued Membership Youth Sports Commission Member OrganizationsN
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00 MEMORANDUM OF UNDERSTANDING
1 WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATION
NEWPORT HARBOR BASEBALL ASSOCIATION
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
as of this 1ST day of July, 2021 ("Effective Date") by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
NEWPORT HARBOR BASEBALL ASSOCIATION, a California non-profit corporation
("Organization" or "Member Organization"), whose address is 1048 Irvine Avenue #320,
Newport Beach, CA 92660. This MOU is made with reference to the following:
RFCITAI A
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 membership with the City's Youth Sports Commission
(YSC) and to use the City's sports fields and athletic facilities at times and dates
specified in the most recent version of the City's "Field Allocation Schedule",
which is updated by the Recreation & Senior Services Department and
distributed on a biannual basis in the Fall and Spring, respectively.
C. City and Organization desire to enter this MOU to set forth the responsibilities of
each party regarding such use.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this MOU shall commence on the Effective Date and shall terminate on
June 30, 2026, unless terminated earlier, with or without cause, 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 to the Organization.
2. DUTIES OF CITY
The City's duties under this MOU:
2.1 City shall permit the use of the City's sports fields and athletic facilities at
times and dates allocated in the most recent version of the City's Field
Allocation Schedule.
2.2 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 Requirements & Field Allocation and Use Policy ("Use Policy") as
adopted by the Parks, Beaches & Recreation Commission on April 1, 2003
and most recently amended August 4, 2015 and attached hereto as Exhibit
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YSCMO — Newport Harbor Baseball Association Page 1
A, and incorporated herein by reference. City may amend the Use Policy
from time to time and such amended Use Policy shall apply hereto without
need to amend this MOU. City maintenance includes, but is not limited to:
mowing, irrigation, fertilization, aeration, restroom maintenance, and trash
removal.
3. DUTIES OF ORGANIZATION
The Organization's duties under this MOU:
3.1 Organization shall abide by, and acknowledges receipt of, the current
version of the Use Policy.
3.2 Organization shall limit its use to only the City's sports fields and athletic
facilities at times and dates specified in the most recent version of the
City's "Field Allocation Schedule", which is updated by the Recreation &
Senior Services Department and distributed to the City's Youth Sports
Commission on a biannual basis in the Fall and Spring, respectively.
3.3 Organization shall cooperate with City requests.
3.4 Organization shall abide by "Mandated Reporter" requirements.
Organization acknowledges receipt of California Penal Code sections
11164-11174.3 and Mandated Reporting of Child Abuse/Neglect at the time
of execution of this MOU. Organization accepts and assumes full
responsibility for role as a "Mandated Reporter", as defined by the California
Penal Code. Organization agrees to train all of its staff, prior to working with
children, of their role and responsibility as a mandated reporter, as
determined by law.
4. INSURANCE
Without limiting Organization'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,
employees, and any person or entity owning or otherwise in legal control of the sports
fields, athletic facilities, and other property not owned by City upon which Organization
uses such sports fields, athletic facilities, and other property as contemplated herein
(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,
YSCMO — Newport Harbor Baseball Association Page 2
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 sports fields and/or athletic facilities (including, but
not limited to, the negligent and/or willful acts, errors and/or omissions of Organization,
its principals, officers, agents, players, employees, vendors volunteers, suppliers,
consultants, contractors, anyone employed directly or indirectly by or associated in any
way with any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Organization
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this MOU. This indemnity shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Organization.
6. NOTICES
All notices, demands, requests or approvals to be given under the terms of this MOU shall
be given in writing, and conclusively shall be deemed served when delivered personally, or
on the third business day after the deposit thereof in the United States mail, postage
prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Organization to City shall be addressed to City at:
Attn: Recreation Supervisor
Recreation 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: recreationCa--)newportbeachca.gov
All notices, demands, requests or approvals from City to Organization shall be addressed
to Organization at:
Attention: President
Newport Harbor Baseball Association
1048 Irvine Avenue #320
Newport Beach, CA 92660
Phone: 925-789-0608
Email: 0eisenberq@playnhba.com
7. STANDARD PROVISIONS
YSCMO — Newport Harbor Baseball Association Page 3
7.1 Recitals. City and Organization acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this
Agreement.
7.2 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.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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,
religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex, sexual orientation, age or any other
impermissible basis under law.
YSCMO — Newport Harbor Baseball Association Page 4
7.11 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.
7.12 Counterparts. This MOU may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which
together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
YSCMO — Newport Harbor Baseball Association Page 5
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:
Aaron C. Harp a�
City Attorney 013
i4
ATTEST:
Date: 5.2u A21
By-
aBrown
� . ► //11(�l
City lerk
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date.- 5-, 2 0. 2 C> 2 i
By:
au Detweil�r
ec ation & for Services Director
ORGANIZATION:
NEWPORT HARBOR BASEBALL
ASSOCIATION, a California non-profit
corporation
Date:
Signed in Counterpart
Jared Eisenberg
Chief Executive Officer
Date:
Signed in Counterpart
Marilyn Horsley
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Youth Sports Commission Member Requirements &
Field Allocation and Use Policy
Exhibit B — Insurance Requirements
YSCMO — Newport Harbor Baseball Association Page 5
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
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date: 9f 5 2a21 Date:
By: 6--4) _"k . J - By:
Aaron C. Harp a\ Laura Detweiler
City Attorney �0� Recreation & Senior Services Director
ATTEST: ORGANIZATION:
NEWPORT HARBOR BASEBALL
ASSOCIATION, a California non-profit
corporation
Date:
Leilani Brown
City Clerk
Date: S/1 ob I
By: U "r�t
Jar Eisenberg
Chi f Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A —Youth Sports Commission Member Requirements &
Field Allocation and Use Policy
Exhibit B — Insurance Requirements
YSCMO — Newport Harbor Baseball Association Page 5
EXHIBIT A
YOUTH SPORTS COMMISSION
MEMBER REQUIREMENTS
8
FIELD ALLOCATION AND USE POLICY
YSCMO — Newport Harbor Baseball Association Page A-1
YOUTH SPORTS COMMISSION
Member Requirements
M
Field Allocation & Use Policy
City of Newport Beach
Recreation & Senior Services Department
Parks, Beaches & Recreation Commission
Amended August 4, 2015
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
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)................................................................5
YSCOpen -Member Criteria.........................................................................................................6
YSCClub -Member Criteria...........................................................................................................7
FieldAllocation Requests.............................................................................................................7
Field Allocation Procedure and Priority Formula...........................................................................8
Noticeof Non Use of Fields........................................................................................................10
Noticeof Exchange of Fields......................................................................................................11
FieldUse Fees...........................................................................................................................11
FieldMaintenance Fees.............................................................................................................11
Field Maintenance and Modifications..........................................................................................12
Athletic Field Lining/Marking.......................................................................................................13
Rules and Regulations of Field Use............................................................................................13
Synthetic Turf Rules and Regulations...........................................................................14
Trafficand Parking...................................................................................................................15
PublicAddress System Use.......................................................................................................16
Storageand/or Concessions......................................................................................................16
Banners......................................................................................................................................16
Other.........................................................................................................................................17
CityCouncil Policy...................................................................................................................17
Violations....................................................................................................................................17
Overviewof Important Dates......................................................................................................18
Appendix.....................................................................................................................................20
a. Sample of Non -Profit Documentation....................................................................21
b. Sample of Liability Insurance and Additionally Insured Form................................26
c. Sample of Field Allocation Request Form.............................................................28
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 3
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
Amended August 4, 2015
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:
Grass Fields
Fall
Winter
Pre-Season/Tryouts
August 15 -September 1
February 1 - 28
In -Season Opening Date
September 1
March 1
In -Season Closing Date
Second Friday in
June 30
Second Friday
December
July 1
Post—Season/All Stars
As Available
As Available
Sport "In Season"
Football/Soccer
Baseball/Softball
Synthetic Turf Only
Fall
Winter
Spring
Summer
Pre-Season/Tryouts
-
January
-
August
In -Season Opening Date
Last week of
Second Friday
February 1
July 1
August
in December
In -Season Closing Date
Second Friday
January 31
June 30
Last week of
in December
August
Post—Season/All Stars
As Available
December &
Early May -June
July
January
30
Sport "In Season"
Football/Soccer
-
Baseball/Softball
-
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 5
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.
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.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 6
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.
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 (memorandum of understanding) of up to five years
with the City. Contract renewals are due by the Fall allocation meeting in June.
B. Organization's roster of Participants shall include at least 50% City residents in first year
of Organization's existence. Following years of less than 50% City resident participation
may cause review for reclassification of membership. Organizations who are adhering to
boundaries set by parent organization will retain Open Member status.
C. Organization shall employ a "minimum play rule" for Participants, with each player given
equitable playing time regardless of skill level.
D. Organization shall have an open enrollment policy accepting all players regardless of
skill level.
E. Organization shall be strictly volunteer -organized and administered with the exception of
referees and umpires.
F. Paid trainers may be employed for clinics that are open to the entire Organization
membership; Trainers may not be used by individual players or teams. An individual
participant may hire a trainer for personal purposes provided that the trainer applies for
and receives a rental permit through the Recreation & Senior Services Department.
G. Teams formed through a tryout process will be permitted if they meet specific criteria
(See Section 6. G1 and G2) and such teams shall receive no additional benefit that
would distinguish the team from the organization's recreation teams. Examples of
prohibited benefits include, but are not limited to, higher quality uniforms, training
equipment, preferential field use or additional field use.
1. YSC member organizations are permitted to have a Select Program (i.e. All-stars)
defined as follows: Players will be selected from the season teams for which the
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 7
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
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.
Field Allocation Request Form and
Rosters From Previous Season
Fall Allocation Due May 1
Winter Allocation Due Sept 15
(Synthetic Turf, Allstars and limited camps only)
Spring Allocation Due November 1
Summer Allocation
(Synthetic Turf, Allstars and limited camps only) Due March 15
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
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 8
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
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
Spring and Fall season field allocations will be reviewed and discussed twice a year at the
semi-annual YSC meetings. Minor season allocations for synthetic turf, all-star and limited
camp related use will be reviewed and distributed for Winter and Summer seasons. City staff
will review all Field Allocation Request Forms, allocate fields equitably based on the priorities
listed in this policy and encourage optimum cooperation between all user groups. Every
effort will be made to assign fields by priority requested. Any appeals of decisions or
allocations may be made to the Parks, Beaches & Recreation Commission within 10 days
after the YSC allocation meeting.
A. Fields are assigned in the following priority:
Maintenance of fields and facilities.
ii. Fields/facilities for organized game use.
iii. Providing fields/facilities for practices.
B. Field allocation requests will be considered based on the classification priorities set
forth in Section D, below.
C. Assignments within each classification will be based on the highest number of City of
Newport Beach residents (Classification C) and percentage of resident participants
(all other classifications).
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 9
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. All-star & post season activity will take priority in
winter and summer seasons.
• 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
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.
0 10 % of available fields for Class D through E activities.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 10
• 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 in spring and fall only.
• 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.
• The home field counts as a regular field in an organization's total field count as
determined by the field allocation formula (Section 9).
10. NOTICE OF NON-USE OF FIELDS
It is City policy that user Organizations turn in unused fields for reallocation. An
Organization that has been allocated field space and does not intend to use it on a
regular basis shall notify the City so that the field may be re -allocated or otherwise used.
Failure to do so may result in forfeiture of fields for the remainder of the season.
A. Notice of non-use shall be received by March 1 for Spring and September 1 for Fall so
the field may be reallocated.
B. Unless written notice is received, an Organization will be billed for all allocations.
Field use fees will not be retroactively adjusted.
C. All fields that are turned back in to the City for reasons of non-use will be allocated to
the remaining qualified Organizations based on the User Classification allocation
formula.
D. Any Organization with documented non-use of an allocated field for two consecutive
weeks after the following dates will lose that allocation for the remainder of the season
• March 1 in the Spring
• July 15 in Summer
• Labor Day in the Fall,
• December 15 in Winter
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 11
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.
12. FIELD USE FEES
Field use fees and field light fees are assessed to defray the direct costs of lighting and
securing the fields.
Field Use Fee Due Dates
Fall Allocation: February 1
Winter Allocation: March 15
Spring Allocation: August 1
Summer Allocation: October 15
13. FIELD MAINTENANCE FEES
A. YSC Member Organizations shall pay a maintenance fee of $10 per Participant, per
season based on the previous year's fall/spring rosters.
If the YSC Member Organization is new, the maintenance fee of $10 per
Participant will be assessed on its initial season's roster.
2. The YSC-Open Member Organization maintenance fee will be based on resident
Participants only.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 12
3. The YSC-Club Member Organization maintenance fee will be based on total
Participants.
4. Other groups who reserve fields for five calendar dates or twenty hours during any
season will also be assessed the maintenance fee of $10 per Participant, based
on their current roster.
B. YSC Member Organizations will be billed on July 1 annually for both seasons. Funds
will be expended or encumbered by June 30th of each fiscal year. Funds collected for
each Organization will be expended on their allocated fields. In general, the
maintenance funds will primarily be allocated to recover fields from damages incurred,
following each group's field use. Every effort will be made to spend all collected funds
within the fiscal year. There may be instances when a small percentage of funds
collected from an Organization will not be expended on their allocated fields. The City
will follow its bidding and purchasing process in expending the collected funds.
C. Collected fees will be expended on projects above and beyond the City's ongoing
maintenance program. Examples of typical projects include sodding, over -seeding,
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.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 13
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.
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.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 14
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.
17. SYNTHETIC TURF RULES AND REGULATIONS
To protect the field surface and maximize the lifespan of synthetic turf fields, the City of
Newport Beach asks that every team official, coach, player, spectator, and parent be
aware of the following rules & regulations for use of the synthetic turf field. Coaches are
responsible for the conduct and behavior of players and spectators on the field.
A. Only water is permitted. No flavored drinks are allowed (soda, juice, Gatorade).
Glass and other breakable containers are prohibited.
B. No food allowed on synthetic turf surface. All food including gum, sunflower seeds,
nuts and chewing tobacco are prohibited.
C. Newport Beach municipal code prohibits smoking within 100 feet of a park
D. No dogs or pets are allowed on the synthetic turf surface. Dogs or other animals are
only allowed on the grass perimeter and outfield grass area of Bonita Creek Field 1.
E. Suntan lotions, oils or creams of any kind that may stain the turf are prohibited.
Sunblock should be applied before entering the synthetic turf area.
F. Athletic footwear must consist of molded rubber cleats (less than 2 inches), turf
shoes or running shoes. Metal cleats/spikes and high heeled shoes are also
prohibited. Athletic footwear should be clean and free of mud.
G. Marking or taping on the synthetic turf surface is prohibited. Painting field lines must
have prior City approval.
H. Sharp or blunt equipment are prohibited including chairs, benches, flags, shade
structures, tents, stakes, and umbrellas. No temporary or permanent equipment
shall be staked down onto the synthetic surface.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 15
Large objects, including goals that need to be moved across the field should be
carried or have turf wheels. Dragging heavy items or equipment across the field may
cause significant damage.
J. Vehicles of any kind including bicycles, scooters and skateboards are not permitted.
RC cars, planes or other toys that use fuel are also prohibited
K. User Responsibilities
1. You are responsible to leave the field cleaner than you found it and ready for
the next user. Following practices and/or games please inspect the field and
remove anything left by your players or spectators such as trash, athletic tape,
or equipment.
2. Any foreign substances, including bodily fluids, should be removed and rinsed
as quickly as possible. Thoroughly rinse and avoid slippery areas that could
result in injury. Immediately report the location of accident or injury resulting in
bodily fluids (blood, vomit, urine, etc.) on the turf to city staff.
3. Inspect your playing area before and after practices & games and immediately
report any areas of the playing surface that are damaged or deficient.
4. Educate your players, parents and spectators about the Synthetic Turf Rules &
Regulations to minimize damages to the playing surface.
18. 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.
19. 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.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 16
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.
20. 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.
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
21. 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.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 17
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.
22. 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.
23. 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.
24. VIOLATIONS
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.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 18
25. OVERVIEW OF IMPORTANT DATES
Spring Allocation
Field Allocation Request Form and Previous Spring Rosters Due
November 1
Allocation Meeting
Second Wednesday in
December
Notice of Non Use Of Field Due
February 1
Final Draft of Allocation Schedule Complete
February 15
Allocation Begins
March 1
Current Spring Rosters Due
June 15
Allocation Ends
June 30
Allocation Invoice Mailed Out
July 1
Per Player Maintenance Billing Mailed Out
July 1
Allocation Billing Due
August 1
Winter • • - •
Field Allocation Request Form and Previous Winter Rosters Due
only)
September 15
Allocation Schedule Draft Complete and Distributed
October 15
Notice of Non Use Of Field Due
October 31
Final Draft of Allocation Schedule Complete and Distributed
November 1
Allocation Begins
Second Friday in December
Allocation Ends
January 31
Allocation Invoice Mailed Out
February 15
Allocation Billing Due
March 15
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 19
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
January 1
Allocation Billing Due
February 1
AllocationSummer - • only)
Field Allocation Request Form and Previous Summer Rosters Due March 15
Allocation Schedule Draft Complete and Distributed
April 15
Notice of Non Use Of Field Due
April 30
Final Draft of Allocation Schedule Complete and Distributed
May 1
Allocation Begins
July 1
Allocation Ends
Last week of August
Allocation Invoice Mailed Out
September 15
Allocation Billing Due
October 15
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 20
APPENDIX
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 21
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.aov/pub/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
Amended August 4, 2015
Page 22
3 '4
AH T'1CLE5 OF INCORPORATION QF ENDORSof ED tel FILED
ate
Of the Siala ,M Ciiifonia
A California Nonprofit Public Benefit Corporation Gtr 7 G 2fl0�
ARTICLE 1
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 wh-c", Ihi;
corporation is formed are exclusively charitable within the meaning of Section
501 (c{3'} of the Internal Revenue Coda 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
f ^e name and address in the State of California of this corpora'ien's initial t3gj.n;
for ser,.,ico of process is'
Name:
Address
ARTICLE IV
Notwithstanding any of the above statements of purpose,, and powers, tris
corporation shall not, except to an insubstantial degree, engage in any activiticrs
or exercise any powers that are not in furtherance; of the specific purposes. of this
co:'poration
ARTICLE V
The property of this corporation is irrevocably dedicated to charitable purposes
and no par•, of the net incoine or assets of ;his corporation shall ever inure to i'ie
benefit of any director, officer or member thereof or to 'he benefit of any private
person. Upon the dissoluticn or winding up of the corporation, its assets
remaining after payment, or provision for payment, of all debts and liabilities of
this corporation shall be distributed to a nonprofit fund, toundati.cn or corporation
.vhich is organized and operated exclusively for Charitable purposes and which
^as esiabl shed its tax exempt stags undf- Internal P.e:enue Cc dt:Se,linn
Inc:,rwnr3�cj-
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 23
iI�1`@;1tNAL It;:I;E:;Cii7 ;=BR'I"i'E
CTNCTNNA^T, L -31I: 45 2 -DI
DEPART-AFNII O THE TRS..3r7RY
rni?lc.yc. Identif__dtLc.rt W.,nlh:.,r_
Q3.e: 30 201 ta-
:,�Lid
t:ni31t31,'�.4
Contact Pcrrr;or, ;
11#
Contact, Telephone Number:
Accounting Perioa wrxiing;
December .11
Pub1iC Charity SCaCus:
170 (b) i1) (A) (vi)
Form 990 Rewuireu:
Yes
Effective Date of Exert,.ption :
h„iy 4, 20111
Contribution Deductib lit.y:
yef;
Addenium. Applies:
NO
cen- Appl i.r- tnt :
We are .. e,,'s ftd i.nfu_'fi j'cr:l f;ltris. pcir:• review Of Y:)Ur .9()[ls l vit':..nn fo 1. fir.
K@:Irpt "..:�.,;:t wt- ti.r'_trr'i?ri.rr••n you are ?`te[,I L t'e'am _..
Y
tinder sec=i,Dn ]0i(cj _, of :he 1:teYrld_ Rr.ve".r1rrc Code. ContrlhuLin
cleduc-Liblu under scrti.on 1"0 Wf the Code. YnL.' nT-4t- +.t ,•o 4Ualifie, to receive
cax dedt:ct.l yir br�cl,te::t_:, dr;vl;:^�, t_ran;_fe_"s at uift:.;r kinder section 2055, 21no
o: 2522 Of thr* Code. Arc:tt.r;,e this let_er could htNlp resolve any c!_,e;;"ions
regarding yn%ir. exempt. :t tCt_l._ , you should keep x- 1» y ilr mej-rtla 2
e:it rcords
on snizationn exernpt undo !:tAct,i on Glli , (3: of the c'h'it. C%.ra further <'14sa::zied
as either publ-c charities or orivio+c foundatlons. nt?: dt,.L,r-m, -ned that ,-a are
a public charity under _he Coc3w -.n the ht,-ading O_' thin
met-er.
Pleaze see en:—used Publication
h'3ri.rie::, for sorre helpful 1RC L`Q`9P1'_r.
exe-tipt. c:rganizat�-on.
brr.pli�2tre Cr_J"a for
.bout vU_ :efgxlri :r3 ar.
I_-,tre:.. 9,17 (la _
j
I_-,tre:.. 9,17 (la _
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 24
ern 990 -EZ
Delon rant of the w0oa y I
tnlcrrW P.:v�x+ue 9en+oa
A For the 2012 caletidis
13 Ctrr:tr,sprom
A J,a Cho"
N. rhmit,
HI;W ,Wear,
Teemnxed
Short Form
Return of Organization Exempt From Income Tax
Under station Wi(cj, 527, or 4047(a)(1) of the Intcmat Revenue Code
(except Meek lung benefit trust or prtrate roundmionl
Sponsoring organizations of donor adrieed funds, organizations that aparato one or more hospital faoahle
and certain controlling organizations as defined in section 61210113) must file Form M (see Instructions(.
All other organizations with gross receipts less than $200.000 and total aessats tan then 5500,000
at the and of the tear rosy use tine ram $.
The argarlftfJon ntay have to use a owy of WX rotum to satisiv state nwartino rar j Vrsmantc
Ntater
or tax
mail is not
CMB No. tnsb•IisD
2012
2012, and ending , 20
D Ere ;or Identlneetion number
i --i MWded volCHY or town, Ott" or country, and 21P r d F Group) Fxernprion
I,J AfPkaft Wdey t Number P-
0
G Accounting Method: U Cash 0 Actual Ochar(specify) ► H Check ► ❑ if the orgerttzatiorl is not
I Website: ► required to attach Schedule B
J Tax-exempt status (check only or* - Q SaiicX3) E] -501 ..(ci 4 }4 2jriltert rio,) C] 4947(a,'(1) or C]5 (Form Na, 990-E2, or M -PF).
K Cl,&ck ► Q If the orgari"Wri is not a section 549(a)(3) supporting organization er a section 527 orgarization and Its groes rectios aro normany
not rn+ore Man 160,000. A Form 990 -EL or Form 890 return is not required though Form 990-N (e -postcard► may be required (see instructions), But if
the organization chooses to hie a return, be sure to file a complete return.
L Add inns 5b, Sc, and rb, to Ine 9 to deternme gross receipts. It gross recopts are 524),000 of more, (3r,1 total assets (Pmt 11,
line 25, colmn I% b"wj are 1500,000 or more, Ilia Form 99D instead of Form 990 -EZ ► S
Revenue, Expenses, and Changes in Net Assets or Fund Balances (see the instructions for Part 1)
Check if the nrmanuAfinn ,tceurt Grhaef, de r'1 to reannnrl t„ a.,,, --ti— in #tit. n-4 ,
rur rawwwwn nenuc-uon Act notice, see the separate instructions. CO. No. 1116421 Farm 999 -EZ ,20121
1 Contributions, gifts, grants, and similar amounts received .
2 Program service revenue Including government fees and contracts
3 Membership dues and assessments . . . , . . . . . . . . .
4 Investment income . . . . . . . . ,
Sa Gross amount from sate of assets other than inventory 5a
1
2
3
_ --
4
b Less: cost or other basis and safes expenses . . . . . . . 5b
c Gain or (loss) from sale of assets other than inventory (Subtract kne 5b from line 5a)
6 Garrung and fundratsa►g events
Sc
a Gross Income from gaming (attach Schedule G if greater than
S15,000) . . . . . . . . . , , . . . 1 6a
b Gross income from fundraising events (not Including 3 of contributions
from fundraising events reported on line 1) (attach Schedule G it the
sum of such gross income and contributions exceeds $15,001)) . Ob
c Leas: direct expenses from gaming and fundraising events . ec
d Net income or Nss) from gaming and fundraising events (add lines 6a and 6b and subtract
line 6c) . . . . . . . . . . . . . . . . . . .
7a Gross sales of inventory, less returns and allowances . . . . 7a
tad
b Loss: Cost of goods sold . . . . 7161-
bc
cGross profit or (loss) from sales of inventory (Subtract line 7b from line 7a) . . . . . .
8 Other revenue (describe in Schedule O) . . . . . . ,
9 Total revenue. Add lines 1, 2, 3, 4, 5c, 6d, 7c, and 8 . it.
—Grants
7g
8
9
01
10 and skrnlar amounts paid (rW in Schedule O)
11 Benefits paid to or for members , , , . . . . . . . , , , , , . , .
12 Salaries, other compensation, and employee benefits
13 Professional fees and othor payments to Independent contractors
14 Occupancy, rent, utilities, and maintenance . . . . . .
15 Printing, publicstlons, postage, and shipping . . . . . . . . . . . . .
16 Other expenses (describe in Schedule O)
17 Total expense& Add Idles 10 through 16 . ►
lip
11
12
13
14
15
1s
17
18 Excess or (deficit) for the year (Subtract line 17 from line 9) . . . . . . .
19 Net assets or fund balances at beginning of year (from line 27, column (A)) (must agree with
1e
y!"'
end•of-year figure reported on prior year's return)
20 Other changes in not assets or fund balances (explain In Schedule 0) ,
21 Net assets or fund balances at end of year. Combine lines 18 through 20 ►
19
20
21
rur rawwwwn nenuc-uon Act notice, see the separate instructions. CO. No. 1116421 Farm 999 -EZ ,20121
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 25
1-c�a, 9lu f;r I:C,1:9
46 Did 't -.e organization engage, directly or indirectty, in pmtical campaign activities t:n r1O°.alt cif or it oppnsitiori
to cant; datr* for pudic office? If "Yes," _vmplete Schedule C, Part I . _ . . . . . . .
)r7. 4
Yes No
JjW& rLl section 5tl1(c)(3) organizations only
All section 501(c)(3) organizations must answer questioms 47-41,4b and 52, and complete tho tab es for lines
50 and 51
Check it the organization used Schedule 0 to respond to any questin.r in this Part 1A
47 Did the organization engage in lobbyng activities or have a section 501,,h) elecuon In etrect tsurir t theta;
year? If 'Yes,' complete Sci^edule C, Part 11 477
48 Is the orgaripeallum a jctsoof as dwscrbuU in sec:tiurl 170(b)I1;i4;gIPe? if "Yes," complete Sched.ale i 4g
49a+ Uld the orgirtzalion retake any tt'ansfors to an exurrrpt nurt•charitable related organization. 49a
b 10'Yos," was the rcgalud organization a scc,•tion 527 orgarizat..ar7 149b
50 Complete this table !Gr the organization's five highest compensated emp;oyees (other then officers, director, trustees and A_y
emp to itesl vrrtD BaCn rt eived -noro titan S100.0W of cornpur-sat>on fron thei organization. If there is r:or E, enter 1rA'•Ntrte.'
b
(t-As+rragn (ClFla �:,2ahla
(a) riaatti taw",
10 rrt-rrt:ryra f crrnlrr� ubtn::o errG1�l+oe (ol Hlr,ataii 4'h r; :a r, ;:'
14o rtara e�s1n $; 7Qf ours Ur+ wrrk ct Trr a bm bwo;1lit Iran+:., aril :1er.ortd nPIL.,eonFcratr
svo::�t to fv-raiirn �r nr'N-? 1f,93-611 �1
T l otai n011-1t,4r or Cotler eemploycios paid ovrvr $1&0,000 ►
51 Complete this table for 1i,,o orgativation s livo 171g• rst carni; arisalod irideperderrt contractr..ws. •,ti<•ho each rec ,:-e: --arc than
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 26
AC Rd CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 27
ra
POLICY NUMBER: PHPKH350M04 COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR OR AN1 ►TION
This endorsement modifies insurance pro-Aied under the fol'lovolnq;
COMMERCIAL GEMEdAL LIABILITY COV2RPLGE. PART
SCHEDULE
Name Of Additional Insured Pemenjja} lir t3rgarrizatl4rs[a)
City of Newport Beach, Its avers, officials, arnpIloyees and volunteers
100 Civic Center Drive
Newport Beach, CA 52660
Infarrna141n regglred to opmplete this Schedule, if not shim above, grill be shovin iin thw Declarations.
It is understood and agreed that the City of Newpon Beach, its officers offl01016, employees and volunteefs are
added as an addddional insured but only as respects the operations of the named insured exrept that Inability
resulting from the addll,onal inswed's sole negligence this pcllcy is primary- and non-contributory
Section Ih —Who Is An Insured is amended to in=
c4utf-- as an additional insured the person(s) or :argani-
zadoft(s) Shown In the Scitedtile, but onlywith respect
to l ability for"bodily injury", "propefty damage" or
"personal and advertising injury" caused, in whole or
In part, by your aGta or ornissicna or they acts; or cmis-
siDna of ifiose ao. rbq w W)ur behalf -
A. In the performance cif your ongoing operations: or
B, In r..onnectian -ankh yrxiir pre=mises mvned tyy or
rented to you.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 28
Instructions: For each field you are requesting, list the times of intended use in the boxes underneath
each of the days below. CIRCLE ALL TIMES REQUESTED THAT ARE GAME DAYS. (Practice times not
circled). Be sure to rank your field preference in the Rank Column, one (1) being your first priority. It is
recommended that you request back up fields, in case our 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
Pennisula Park
San Miguel
Summer All Star Dates/Days/Locations
(Tentative)
Summer Camp Dates/Days/Locations (Tentative)
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Organization'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. Sexual Abuse/Molestation. Sexual abuse/molestation coverage shall be
included under Commercial General Liability or obtained in a separate
policy with a limit no less than one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) in the aggregate.
YSCMO — Newport Harbor Baseball Association Page B-1
D. 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.
rovisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the sports fields, athletic facilities, and other property not
owned by City upon which Organization uses such sports fields, athletic
facilities, and other property as contemplated by Agreement 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, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the sports fields, athletic facilities, and other property not
owned by City upon which Organization uses such sports fields, athletic
facilities, and other property as contemplated by Agreement 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:
YSCMO — Newport Harbor Baseball Association Page B-2
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. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to
bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with the
City. If such coverage is cancelled or reduced, Organization shall, within
ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. 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
Organization 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
YSCMO — Newport Harbor Baseball Association Page B-3
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Organization
or reimbursed by Organization upon demand.
G. Timely Notice of Claims. Organization shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Organization's performance under this MOU, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Organization's Insurance. Organization shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection.
YSCMO — Newport Harbor Baseball Association Page B-4
Chong, Matthew
From: Stinson, Mariah
Sent: Wednesday, April 28, 2021 7:46 AM
To: Huson, Cody; Chong, Matthew
Subject: FW: Compliance Alert -Vendor Number FV00000150
Newport Harbor Baseball Association's insurance was approved.
MARIAN STINSON I Administrative Assistant Recreation & Senior Services Department City of Newport Beach City Hall -
100 Civic Center Drive, Bay E, Newport Beach, CA 92660
1949-644-3158 11 : mstinson@newportbeachca.gov visit us: www.newportbeachca.gov/recreation
-----Original Message -----
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, April 27, 20215:56 PM
To: Stinson, Mariah <MStinson@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov>
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000150
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000150 Newport Harbor Baseball Association
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.