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HomeMy WebLinkAboutC-4459 - MOU for Continued MembershipMEMORANDUM OF UNDERSTANDING WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATIONS FOR CONTINUED MEMBERSHIP THIS MEMORANDUM OF UNDERSTANDING is made and entered into as of thisu day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and NEWPORT MESA JUNIOR ALL AMERICAN FOOTBALL, a not for profit organization and Youth Sports Commission Member Organization ( "YSCMO "), whose address is 1048 Irvine Avenue, #715, Newport Beach, California 92660 ( "Organization "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Newport Mesa Junior All American Football desires to continue their membership with the City's Youth Sports Commission Member Organization and use City sports fields and athletic facilities at times and dates specified in the City's biannual Field Allocation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The Term of this Memorandum of Understanding for Organization Membership shall extend from the above written date and shall end June 30, 2011. The Organization may terminate their membership by providing 30 days written notice. The City may terminate this agreement, with or without cause, by providing 7 days written notice. 2. DUTIES OF CITY A. City shall permit the use of City sports fields and athletic facilities at times and dates specified by the Recreation & Senior Services Department and distributed on a biannual basis in the Fall and Spring, respectively. B. City shall provide a basic level of maintenance at each sports field and athletic facility, which includes, but is not limited to; mowing, irrigation, restroom maintenance and trash removal. 3. DUTIES OF ORGANIZATION A. Organization shall enter into Memorandum of Understanding annually should they desire to maintain membership. 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 attached hereto as Exhibit A, and incorporated herein by reference. C. Cooperate with City requests. 4. INSURANCE Without limiting Organization's indemnification of City, and prior to use of sports fields or athletic facilities. Organization shall obtain, provide and maintain at its own expense throughout the life of the membership, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to the City's Risk Manager. A. Liability Insurance. Organization must provide and maintain at all times general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. The policy shall carry a general liability special endorsement naming the City of Newport Beach, its elected or appointed officers, employees, agents and volunteers as additional named insured in the amount of one million dollars ($1,000,000.00) per occurrence. B. Evidence of insurance. Organization shall make available to City's Risk Manager for review and approval prior to use of sports fields or athletic facilities. Insurance shall be provided by an insurance carrier with a Best's Insurance Guide Rating of A (or higher) and Financial Size Category Class of VII (or larger). C. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. 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 Agreement, Organization's presence or activities conducted on City sports fields and athletic facilities (including the negligent and /or willful acts, errors and /or omissions of Organization, its principals, officers, agents, players, employees, vendors, suppliers, consultants, subcontractors, 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 Agreement. 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 Consultant. 6. NOTICES All notices for schedule changes, organization contact information changes or other notices to the City shall be addressed to: Attn: Sean Levin Recreation and Senior Services Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA, 92658 Phone: 949-644 ?j E q Fax: 949-644- 310__ E-mail: slevin@city.newport-beach.ca.us IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: ynett eauchm Assistant City At hey ATTEST: f By: *'kw� Leilani Brown, City Clerk ��""� CITY OF NEWPORT BEACH, A Municipal Corporation B X -7,3T, �1 L ura Detweil irector ecreation and Senior Services ORGANIZATION: NEWPORT MESA JUNIOR ALL AMERICAN FOOTBALL (League President) Title: PRESIDENT Print Name: DEBORAH A. BRANCA (League Representative) Title: Print Name: Attachments: Exhibit A — Youth Sports Commission Member Organizations Criteria and Responsibilities Field Allocation and Use Procedure Exhibit B — Insurance Page 3 Exhibit A City of Newport Beach Recreation li Senior Services Department FIELD ALLOCATION & 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. PROCEDURE It is the intent of the City of Newport Beach Recreation Ft 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. 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 Et Senior Services Department will be referred to as the "City." B. Participant: Participant(s) shall include only those players who are fully registered with the user organization. Non - players such as coaches, officials, and staff shall not be considered participants. For the purposes of field allocation, each organization must present actual enrollment data from their previous season indicating names, addresses, phone numbers, and birth dates of all participants. Upon receipt, City staff will count the number of the City residents within each organization for purposes of allocation. C. Organization: Organization(s) shall include only those user groups listed in III.C. — User Groups - Classifications below that have completed required documentation with the City. An organizational representative consisting of the organization's Board or League President or Vice President of each of those in Group C is required to attend the Youth Sports Commission (YSC) meetings usually held semi - annually for field allocation review. D. Season: For the purposes of this procedure, the seasons are established as follows: Seasons Fall Spring Pre - season /Tryouts August 15- September 1 February 1 - 28 In- Season Opening Date September 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 FIELD ALLOCATION AND USE PROCEDURE Page 2 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 Primty 1. Maintaining fields /facilities 2. Providing fields /facilities for organized game use. Secondary Priori ty 3. Providing Fields /facilities for the use of "practices" will be allocated only after all maintenance and game requests have been processed. 111. USER GROUP - CLASSIFICATIONS Facility Use Permits will be approved on the basis of priority as follows: A. All official Recreation l3 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. H. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non - profit. I. Commercial businesses and all others. * In order to qualify for resident classifications, organizations must submit rosters of their most current membership, with resident verifications. IV. APPLICATION Each organization is required to submit field requests by November 1 for the following spring field use, and May 1 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. FIELD ALLOCATION AND USE PROCEDURE Page 3 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 II. G. and III.) Any appeals to decisions or allocations can be made to the Parks, Beaches li Recreation Commission within 10 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 Et Senior Services Director deems are available for distribution. The distribution formula will be as follows: • 70% of the available fields for primary priority season (City and YSC member organizations) • 15% of the available fields for secondary priority season activities of YSC member organizations • 10 % of available fields for allocations to groups in lower user classifications (E -1) • 5% of the available fields are not allocated and used for maintenance rotation, community use and other items not anticipated on an as needed basis. These fields will be reallocated to qualifying organizations as they become available based on the allocation formula. E. Home fields will be assigned to all eligible youth groups as defined below: 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. 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. The Home Field counts as a regular field in a Youth Sports Commission group's total field count as determined by the field allocation formula (Section V - Allocation). VI. NOTICE OF NON -USE OF FIELDS Any user organization that has been allocated space and does not intend to use it on a regular basis must notify the City so that the field may be re- allocated or otherwise used. Failure to do so can result in forfeiture of all fields for the remainder of the season. Notice of non -use must be received by March 1 for spring and September 1 for fall so the field can be reallocated. Unless written notice is received, users will be billed for all allocations. All fields that are turned back in to the City for reasons of non -use by an organization will be allocated to the remaining qualified organizations based on the allocation formula. Any user group with documented non -use of an allocated field for two consecutive weeks after Labor Day in the fall and after March 1 in the spring will lose that allocation for the remainder of the FIELD ALLOCATION AND USE PROCEDURE Page 4 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 Sam on weekends. No games and /or practices may be scheduled on holidays without prior approval from the Community Services Director, or their designee. 3. Games and practices can end no later than 9:45pm weekdays, and dusk on weekends, except through special request to the Parks, Beaches and Recreation Commission. 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 tights 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, belts, whistles, etc. are permitted. Officials or coaches, as a necessary part of the activity, may employ such devices upon consultation with the City. 10. At the conclusion of games, practices, and activities, organizations must leave the park /facility quickly, quietly, clean, and clear of debris. Failure to do so will result in a maintenance - cleaning fee being assessed to the group. 11. All user groups that are classified under Section III. C - E must have at least 50% of their City residents participate actively on a weekly basis. When a team is playing against a team from another jurisdiction, this rule shall apply to only the "host" team representing the qualified organization. Roster changes that affect compliance with residency requirements must be reported to the City within one week of occurrence. Failure to do so will result in forfeiture of all fields and /or facilities. 12. Organizations or teams must provide required insurance documents to City prior to allocation of fields /gymnasiums. FIELD ALLOCATION AND USE PROCEDURE Page 5 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 MIL be allowed on the park for rescue purposes. 3. All vehicles shall be legally parked. XI. PUBLIC ADDRESS SYSTEM USE 1. Sound amplification equipment may be allowed in City parks only with a Special Event Permit. An approved City permit is required prior to use of any sound amplification equipment. Permits may be applied for in the Recreation Et 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. XII. MAINTENANCE 1, The City will maintain parks, facilities, and fields for public use at City standard and will install permanent equipment such as pitching rubbers, base anchors. 2. The YSC member organizations must financially support any desired or additional maintenance such as field preparation, lining of the fields, setting of bases or a higher standard of maintenance than the City's standard. 3. The YSC member organizations will provide an annual Facility Improvement Plan to repair, improve or renovate those fields or gymnasiums used during their seasons. No work can be initiated until plan is approved by City staff. 4.. Members are responsible for any damage or repairs needed due to implementation of Facility Improvement Plan. The organization is responsible for insurance, worker's compensation and any contracts required by the City of Newport Beach for the work being done on City property. Any failure to complete the Facility Improvement Plan properly that results in costs to the City shall be reimbursed to the City by the member organization. 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. FIELD ALLOCATION AND USE PROCEDURE Page 6 XIII. MODIFICATIONS Any request to modify or improve any City facility shall be submitted for review to the City Parks and Recreation staff for consideration. No permanent structures or equipment shall be erected on City facilities unless approved by the City and dedicated for community use. XIV. STORAGE AND /OR CONCESSIONS 1. Storage units may be placed with written permission only and are the responsibility of the User group. Storage units must be in good condition at all times and any vandalism or breakage must be repaired immediately. Group must maintain the storage facility in a clean manner at all times. 2. The City assumes no liability or responsibility for any equipment or storage units kept in the storage areas. 3. User groups must provide keys to City staff for all storage units, locked closets and fenced areas. 4. No equipment may be 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: A. Payment for all damages occurring to the facility B. Termination of any /all field use permit(s) for one year XV. BANNERS 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. XVIL POLICY This procedure is consistent with Council Policy B -13— Public Use of City Facilities that takes precedence if there is any conflict discovered. Revised - 814109 - Parks, Beaches & Recreation Commission Adopted - 4/1103 - Parks, Beaches 8 Recreation Commission W111 HI till IIe1T IIIIHI AEORD. CERTIFICATE OF LIABILITY INSURANCE ° "'6` 1200""" s,alzoos PRODUCER Gagliardi Insurance Services, Inc. 284 Digital Drive Morgan Hill, CA 95037 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Orange County Jr. All American Football League 2319 Songbird Lane Rowland Heights, CA 91748 INSURERA Mt. Hawley Insurance Company POUCYEFFECTNE PATE MMiIOM/ INSURER B James River Insurance Company LIMITS INSURER C Federal Insurance Company 20281 INSURER D INSURER E' LS 1•A L29T 4 ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LT W01 TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTNE PATE MMiIOM/ POLICYE %PIRATION GATE MMIOD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCULL GENERAL LIABILITY CLAIMS MADE I—XI OCCUR MPE0005307 4/15/2009 4115/2010 PREMISES IEe occwence) $ 300,00 MED EXP (My one PeCxr,l E X Athletic Participants PERSONAL B ADV INJURY s 1,000,00 X Abuse & Molestation GENERAL AGGREGATE $ 5,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPA.GG $ 3,000,0 X POLICY PRA LOC Participant Legal Llab 1,000,00 A AUTOMOBILE LIABILITY ANY AUTO MPE0005307 4115/2009 411512010 (Eaawd° erioINGLELIMIT $ 1,000,DO BODILY INJURY IPer'a' on) $ ALL OWNED AUTOS SCHEDULED AUTO$ HIRED AUTOS NON- OWNE°AUTOS X BODILY INJURY (Per acciderrt) $ X PROPERTY DAMAGE IP6r BCCIdeIR) S GARAGE LIABILITY AUTO ONLY - PA ACCIDEM E THAN EAACC $ ANY AUTO $ AUTO O AUTO ONLY qGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,00 B X OCCUR F—ICLAIMS MADE 0037409 -0 4115/2009 4/15/2010 AGGREGATE $ 1,000,00 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LMBILTTY WC STATLI OTH ' TORY LIMITS ER EL EACH ACCIDENT $ MY PROPRIETORIPART. ERIEXECJTNE EL DISEAGC -E ^.EMPLOYEE OFFICER/MEMBER EXCLUDED? It YES, describe und. $ EL DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER C Football Medical 99065288 411512OO9 4/15/2010 ADSD/Ded 5,0001250 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ITY OF NEWPORT BEACH IS AN ADDITIONAL NAMED INSURED, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS F THE NAMED INSURED. ALL POLICY TERMS AND CONDITIONS APPLY. IF OR NEWPORT MESA JR ALL AMERICAN. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663- ACORD 25 /2001/081 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER HAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER ITS AGENTS OR REPRESENTATIVE A