HomeMy WebLinkAboutC-7025-1 - MOU for Continued Membership Youth Sports Commission Member Organizationss
J
I MEMORANDUM OF UNDERSTANDING
v WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATIONS
FOR CONTINUED MEMBERSHIP
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered
into as of this 15th day of January, 2016 ("Effective Date") by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
NEWPORT BEACH BASEBALL ASSOCIATION, a California non-profit corporation
("Organization") which is a member of the Youth Sports Commission Member
Organization ("YSCMO"). Organization's address is 2618 San Miguel Drive, #161,
Newport Beach, CA 92660 ("Organization"), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. Organization desires to continue its membership with the City's Youth Sports
Commission Member Organization and use the City's sports fields and athletic
facilities at times and dates specified in the 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
December 31, 2021, unless terminated earlier by the Organization by providing thirty
(30) days written notice to the City, or if by the City by providing seven (7) days written
notice, with or without cause, to the Organization.
2. DUTIES OF CITY
The City intends to undertake the following activities pursuant to this MOU:
YSCMO — Newport Beach Baseball Association Page 1
B. City shall provide a basic level of maintenance at each of the City's sports
fields and athletic facilities as identified in the Youth Sports Commission Member
Requirements & Field Allocation and Use Procedure ("Use Procedure") as adopted by the
Parks, Beaches & Recreation Commission on April 1, 2003 and revised August 5, 2014
and attached hereto as Exhibit A, and incorporated herein by reference. City
maintenance includes, but is not limited to: mowing, irrigation, fertilization, aeration,
restroom maintenance, and trash removal.
3. DUTIES OF ORGANIZATION
The Organization intends to undertake the following activities pursuant to this MOU:
A. Organization shall abide by, and acknowledges receipt of, the Use
Procedure.
B. Cooperate with City requests.
4. INSURANCE
Without limiting Consultant's indemnification of City, and prior to use of City's sports fields
or athletic facilities, Organization shall obtain, provide and maintain at its own expense
during the term of this MOU or for other periods as specified in this MOU, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit B, and incorporated herein by reference.
5. HOLD HARMLESS
To the fullest extent permitted by law, Organization shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties') from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this MOU,
Organization's presence or activities conducted on City sports fields and/or athletic
facilities (including, but not limited to, the negligent and/or willful acts, errors and/or
omissions of Organization, its principals, officers, agents, players, employees, vendors
volunteers, suppliers, consultants, contractors, anyone employed directly or indirectly by
or associated in any way with any of them or for whose acts they may be liable or any
or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Organization to indemnify the Indemnified parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorney's fees in any action on or to
YSCMO — Newport Beach Baseball Association Page 2
enforce the terms of this MOU. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the Organization.
6. NOTICES
All notices, demands, requests or approvals to be given under the terms of this MOU shall
be given in writing, and conclusively shall be deemed served when delivered personally,
or on the third business day after the deposit thereof in the United States mail, postage
prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Organization to City shall be addressed to City at:
Attn: Recreation Supervisor
Recreation and Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3154
Fax: 949-644-3155
E-mail: recreation Anewportbeachca.gov
All notices, demands, requests or approvals from City to Organization shall be addressed
to Organization at:
Attention: Matthew Healy
Newport Beach Baseball Association
2618 San Miguel Drive, #161
Newport Beach, CA 92660
Phone: 978-502-5735
Email: mhealy@nbbaseball.com
7. STANDARD PROVISIONS
A. Recitals. City and Organization acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
B. Compliance with all Laws. Organization shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all
governmental entities, including federal, state, county or municipal, whether now
in force or hereinafter enacted.
C. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant or condition
contained herein, whether of the same or a different character.
YSCMO — Newport Beach Baseball Association Page 3
D. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto,
and all preliminary negotiations and agreements of whatsoever kind or nature
are merged herein. No verbal agreement or implied covenant shall be held to
vary the provisions herein.
E. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this MOU and any attachments attached hereto, the
terms of this Agreement shall govern.
F. Interpretation. The terms of this MOU shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the MOU or any other rule of construction
which might otherwise apply.
G. Amendments. This MOU may be modified or amended only by a written
document executed by both Organization and City and approved as to form by
the City Attorney.
H. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this MOU shall continue in full force and effect.
I. Controlling Law and Venue. The laws of the State of California shall govern this
MOU and all matters relating to it and any action brought relating to this MOU
shall be adjudicated in a court of competent jurisdiction in the County of Orange,
State of California.
J. Equal Opportunity Employment. Organization represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religious creed„ color,
national origin, ancestry, physical handicap, medical condition, marital status,
sex, sexual orientation, age or any other impermissible basis under law.
K. No Attorneys' Fees. In the event of any dispute or legal action arising under this
Agreement, the prevailing party shall not be entitled to attorneys' fees.
L. Counterparts. This MOU may be executed in two (2) or more counterparts, each
of which shall be deemed an original and all of which together shall constitute
one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
YSCMO — Newport Beach Baseball Association Page 4
IN WITNESS WHEREOF, the parties have caused this Memorandum of
Understanding to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: zc-22 Z�
By: o
Aa n C. Ha2v
City Attorney
ATTEST:
Date: � -10.
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: r3 • Ito
Services Dept
ORGANIZATION: NEWPORT
HARBOR BASEBALL ASSOCIATION
Date: % 7i
By: �J'By:
Leilani Brown, Matthew Healy
City Clerk President
C
qU FOR
Date:
?" 2' ,
By: /' (; (-1 C '}
Bridget G h
Secretary
Attachments: Exhibit A - Youth Sports Commission Member Requirements &
Field Allocation and Use Procedure
Exhibit B - Insurance Requirements
YSCMO - Newport Beach Baseball Association Page 5
EXHIBIT A
YOUTH SPORTS COMMISSION
MEMBER REQUIREMENTS
FIELD ALLOCATION AND USE PROCEDURE
YSCMO — Newport Beach 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 4.2V15
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
YSC Open -Member Criteria ................. .........^^.........^^^^^^^~^^^^^^^^^^^^^^^6
YSCClub-Member Criteria ...........................................................................................................
T
FieldAllocation Requests .............................................................................................................
7
Field Allocation Procedure and Priority Formula ...........................................................................
8
Notice OfNon Use OfFields ........................................................................................................
10
Noticeof Exchange OfFields ........................................ .............................................................
11
FieldUse Fees ...................................... ....................................................................................
11
FieldMaintenance Fees .............................................................................................................
11
Field Maintenance and Modifications ..........................................................................................
12
Athletic Field Lining/Marking ....................... ...............................................................................
13
Rules and Regulations ofField Use ............................................................................................
13
Synthetic Turf Rules and RheOUlGtiVUG.........—...........'................... ........................
Traffic and Parking .......................................................15
PublicAddress System Use .......................................................................................................
16
Storage and/or Concessions ......................................................................................................
16
Banners.................................... .................................................................................................
16
[}the[ ..................................'...................—.............
17
City Council Policy ..................................—.................—..17
\/iol@tiDRS..................................................................
17
Overview OfImportant Dates ......................................................................................................
18
AppendiX.........................---..............—~.^—..........—......
20
@. Sample OfNon-Profit Documentation ....................................................................
21
h. Sample of Liability Insurance and Additionally Insured Form ................................
76
C Sample ofField Allocation Request Form .............................................................
78
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
Spring
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
December
June 30
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
August
in December
Post—Season/All Stars
As Available
December &
Early May -June
July
January
30
Sport "In Season"
I 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.
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.
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.
Allocation Request Form and
RostersField
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, Band in -season Class C activities.
• 15% of available fields for out -of -season Class C activities.
6 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.
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
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.
Inspect your playing area before and after practices & games and immediately
report any areas of the playing surface that are damaged or deficient.
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
• 38`" 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
only)
September 15
Spring Allocation
Field Allocation Request Form and Previous Spring Rosters Due
November 1
A
Allocation Meeting
Second Wednesday in
December
Notice of Non Use Of Field Due
February 1
Final Draft of Allocation Schedule Complete
February 15
Allocation Begins
March 1
Current Spring Rosters Due
June 15
Allocation Ends
June 30
Allocation Invoice Mailed Out
July 1
Per Player Maintenance Billing Mailed Out
July 1
Allocation Billing Due
August 1
only)
September 15
Winter Allocation (Synthetic Turf Field
Field Allocation Request Form and Previous Winter Rosters Due
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
Summer Allocation (Synthetic Turf Field only)
Field Allocation Request Form and Previous Summer Rosters Due March 15
Allocation Schedule Draft Complete and Distributed
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
Summer Allocation (Synthetic Turf Field 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.gov/nub/irs-
pdf/f990ez.ndf, proof that group is maintaining non-profit status — submit annually
In addition, the Recreation & Senior Services Department will access the
California Secretary of State's corporation website for proof of current status.
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 22
ENDORSED D
ARTICLES OF INCORPORATION OF 101*0mcoottosKrawyom
A California Nonprofit Public Benefit Corporation OCT 18 20
ARTICLE i
The name of this c4sTsoration Is
ARTICLE 11
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 Low for charitable purposes. The purposes for which this
corporation Is formed are exclusively charitable within the meaning of Section
501(c)(3) of the Internal Revenue Code of 1986.
B. The specific purpose of this corporation is to promote art and science of film
making through education of the general public and scientific research,
ARTICLE III
The name and address In the State of California of this corporallon's initial agent
for service of process is:
Name:
Address:
ARTICLE IV
Notwithstanding any of the above statements of purposes and powers, this
corporation shall not, except to an insubstantial degree, engage in any activities
or exercise any powers that are not in furtherance of the specific purposes of this
corporation.
ARTICLE Y
The property of this corporaijon is irrevocably dedicated to charitable purposes
and no part of the net income or assets of this corporation shall ever inure to the
benefit of any director, officer or member thereof or to the benefit of any private
person, Upon the dissolution or winding up of the corporation, its assets
remaining after payment, or provision for payment, of all debts and liabilities of
this corporation shall be distributed to a nonprofit fund, loundation or corporation
which is organized and operated exclusively for charitable purposes and which
has established its tax exempt status under Internal Revenue Code section
501(c)(3).
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
P?ge 23
R
WTOOIKI, REVEM SZRVICE DgPARTWJW OF TUB TREASURY
P, A, Box 2508
C1MCINNATI, OR 45201
Employar Identification Wmber;
Mata:
IIOV 30 to" OLNt
603.310124
Contact Person:
1HY
Contact Telephone Number:
Accounting Period Bending,
December, 31
Public Charity Statust
170 (b) (1) (A) (Vit
For® 990 Required -
Yes
Bfftctive Hate of 6xemptiont
Kay 4, 2011
Contribution Heductibilityt
yes
Addendum Applies:
No
Hear Applicant.
We are pleased to inform you that upon review of your application for tax
exempt,.atatua,we have determined .that :you .are exempt .from Federal incomet%u,&
under section Sol(c)(3) of the internal Revenue Code. Contributions to you are
deductible under section 170 of the Cade. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 210$
or 2522 of the Code. Because this letter could help resolve any questions
regarding your excerpt statue, you should keep it in your permanent records.
Drganizagiona exempt under section Sol (c)(3) of the code ase further classified
as either public charities or private foundations. we determined that you are
a public charity under the Code sections) listed in the heading of thio
letter;
Please see enclosed Publication 4222 -PC, Compliance Guide for $01(c)13) Public
Charities, for saint helpful information about your responsibilities as an
exempt organization.
Enclosure: Publication 4221 -PC
Sincerely,
`4iO&Iwlll w
Loin 0. Lerner
ractor.x
Satter 947 (DD/Cc)
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 24
Fpm
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 25
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 26
CERTIFICATE OF LIABILITY INSURANCE
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 27
POLICY NUMBER: PHPit553598-604 COMMERCIAL GENERAL LIABILITY
CO 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
111111 0 10
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This endorsement modifies insurance provided under ere following:
COMMERCIAL GENERAL I-MILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Peqon(s} Or Organlzatbnts}
City of Newport Beach, Its oTflcera, ofticlats, ernplosna volunteers
106 Civic Center Dive
Newport Beach, CA 92650
Information required to oonMAete this Schedule, ifnot shown above, will be shown In the Declarations
It is understood and agreed that the City of Newport Beach, Its officers, officials, employees and volunteers are
added as an additional insured but only as respects the operations of the named insured except that liability
resulting from the additional insureds sats nepdfgence. TNs policy Is primary and noncontributory
Section It — Who is An Insured is amended to In -
dude as an additional Insured the personas} or organa
zation(s) sbmn In the Sdwdule, but only with respect
to liability fo€ "bodily Injure, "property damage" or
"personal and advertising injury" caused, in whole or
In part, by your arm or omisslons or Me acts or omis•
slons of those siting on yow behalf.
A. In the pertamance of your ongoing operations.; or
B. In connection wilh your premises owned by or
rented to you,
Youth Sports Commission Member Requirements and Field Allocation & Use P01icy
Amended August 4, 2015
Page 28
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 S 95
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 Consultant's indemnification of City, and
prior to use of City's sports fields or athletic facilities, Organization shall obtain,
provide and maintain at its own expense during the term of this Agreement,
policies of insurance of the type and amounts described below and in a form
satisfactory to City. Organization agrees to provide insurance in accordance with
requirements set forth here. If Organization uses existing coverage to comply
and that coverage does not meet these requirements, Organization agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Organization shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Organization shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Organization shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services Office
form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, one million dollars ($1,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, include participants and
liability assumed under an insured contract (including the tort liability of
another assumed in a business contract) with no endorsement or
modification limiting the scope of coverage for liability assumed under a
contract.
C. Automobile Liability Insurance. Organization shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of
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Organization arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Organization or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Organization hereby waives its own right
of recovery against City, and shall require similar written express waivers
from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be
included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Organization shall provide certificates of
insurance to City as evidence of the insurance coverage required herein,
along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. City reserves the right to require complete,
certified copies of all required insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
YSCMO — Newport Beach Baseball Association Page B-2
insurance required by giving Organization sixty (60) calendar days
advance written notice of such change.
C. Enforcement of Agreement Provisions. Organization acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Organization or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this MOU, or to suspend Organization's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Organization
or reimbursed by Organization upon demand.
G. Timely Notice of Claims. Organization shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Organization's performance under this MOU, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Organization's Insurance. Organization shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection.
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