HomeMy WebLinkAbout7/19/2000 - STAFF REPORTS (16) DATE: July 19, 2000
TO: City Council
FROM: Parks and Recreation Manager via Director, Department of Facilities
PALM SPRINGS POLICE ATHLETIC LEAGUE AGREEMENT
RECOMMENDATION:
That City Council approve a three-year agreement between the City of Palm
Springs and the Palm Springs Police Athletic League (PAL) for use of Palm
Springs Stadium and Leisure Cerder office space for its youth baseball/softball
program.
BACKGROUND:
This past year, PAL approached the City seeking facilities for its developmental/
educational program for youth interested in baseball and softball. This program,
called"Reaching for Home,"is an academic program, implemented to ensure that
youth will have an opportunity to excel in baseball and softball and academically
pursue their education to a higher level.
At the time PAL approached staff,the agreement with Palm Springs Youth League
was in the process of being renegotiated and a current agreement with Palm
Springs Youth Football was already in place for use of the stadium.
A Parks and Recreation Commission subcommittee was appointed to address the
use of the stadium.A meeting was held on March 1 with representatives of all the
youth organizations currently using or interested in using the stadium for their
programs.
Palm Springs Youth League representatives felt that they could share the stadium
with PAL, and a schedule was coordinated to allow both organizations use of the
facility for their respective programs.
A"Letter of Understanding"(LOU), dated March 28,was sent to PAL for its use of
City facilities until such time as a formal agreement could be developed for
consideration by the Parks and Recreation Commission and City Council.
The proposed agreement content is consistent with similar agreements with other
youth organizations, i.e., Palm Springs Youth Football and Palm Springs Youth
League. PAL's compensation to the City will be$500 per month for the use of the
stadium and $200 per month for use of office space at the Leisure Center, both
due on the first day of each month.
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PALM SPRINGS POLICE ATHLETIC LEAGUE AGREEMENT
DATE: July 19, 2000
PAGE: Two
At its July 19 meeting, the Parks and Recreation Commission reviewed the PAL
agreement.The results of the commission's recommendation will be presented at
this City Council meeting.
APPROVED BY:
VICKI OLTEAN, Parks and Recreation Manager OTT MIKESELL, Director
Parks and Recreation Division Department of Facilities
APPROVED:
C' a ger
ATTACHMENTS:
1. Agreement REVIEWED BY OEPT OF FINANCE
2. Minute Order
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AGREEMENT
This Agreement, made and entered into this day of 2000
between the City of Palm Springs,California,hereinafter referred to as"City,"and the Palm Springs
Police Athletic League,hereinafter referred to as "PAL."
Whereas the City and PAL are mutually interested in providing quality,high-profile developmental
programs for the youth of Palm Springs; and
Whereas the City and PAL desire to undertake an effort through fulfillment of these goals;and
Whereas it is recognized that through a cooperative agreement between the City and PAL, the
community will be afforded the fulfillment of a major recreational goal for youth.
Now,therefore,the City and PAL do hereby mutually agree as follows:
1. INTENT OF AGREEMENT
1.1 It is the intent of this agreement to describe the responsibilities of the City and PAL
in their cooperative effort to effectively promote and provide a high profile
developmental program in the field of baseball (softball) for the youth of Palm
Springs.
2. AREAS OF RESPONSIBILITY
2.1 Field Use and Scheduling
2.1.1 The City shall make available to PAL,on a joint-use basis with other youth
organizations, Palm Springs Stadium. Notwithstanding the foregoing, it is
understood that PAL shall be permitted to use Palm Springs Stadium in
accordance with the schedule below,subject to City's right to use or lease to
third parties the City facilities,which right City may exercise in its sole and
absolute discretion.City shall notify PAL within twenty-four(24)hours prior
to exercising its right to use the City facilities under this Section 2.1. Off-
season use shall be requested on a separate facility use application and
submitted to the City's Recreation Manager one(1)month prior to use.
Batting cage(left field&
Field: weight room) 7 a.m. - 10 p.m. Year-round(7 days/wk)
Feb. 5 p.m. - 9 p.m. Monday -Friday
8 am. - 12 p.m. Saturday
Mar. -May 5 P.M. - 9 P.M. Tuesday&Thursday
8 am. - 12 p.m. Saturday
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June-July 8 a.m. - 12 pm. Saturday
6 p.m. - 10 p.m. Tuesday&Thursday
Aug. 7 a.m. - 10 a.m. Monday- Saturday
Nov. -Dec. 5 P.M. - 9 P.M. Tuesday&Thursday
8 am. - 12 p.m. Saturday
One weekend per month for tournaments to be scheduled six months in
advance.
2.2 Membership,Registration and Bylaws
2.2.1 PAL must insure that its program is conducted in accordance with its rules
and regulations and bylaws. It shall be the responsibility of the City to
investigate concerns or complaints regarding violation of the statements and
take appropriate action.
2.2.2 The City recommends that all coaching staff,referees and board members be
currently certified in cardiopulmonary resuscitation and fast aid.
2.3 Playing Equipment
2.3.1 PAL shall be responsible for all supplies,equipment and uniforms relating
to the program.
2.4 Compliance with park Rules and Regulations
2.4.1 PAL agrees to support the City by informing its participants ofpark rules and
regulations(Chapter 11.44 of the Palm Springs Municipal Code).
2.4.2 An adult designated by PAL shall be present at all practices and games to
enforce park rules and regulations.
2.5 Field Maintenance,Preparation and Utilities
2.5.1 The City shall regularly water the playing field,maintain the lawn areas and
repair potholes.
2.5.2 The City shall pay for the electrical power to light the field for practice and
games. The City shall also replace and realign the field lights as needed.
2.5.3 City shall prepare and maintain all assigned fields,including application of
clay as necessary. Maintenance also includes adjusting bases and marking
fields.
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2.5.4 PAL shall pay the telephone bill associated with the office at the Leisure
Center.
2.6 Communications
2.6.1 The City's assigned representative shall act as a resource liaison between the
City and the PAL person concerning operational matters.
2.6.2 PAL shall provide the City annually with current PAL rules and regulations.
2.7 Program Evaluation
2.7.1 PAL agrees to provide the City with information necessary to monitor and
evaluate PAL's compliance with this Agreement.
2.7.2 Program evaluation shall occur as needed throughout the season and formally
at the conclusion of the season.
2.8 Compensation for Use
2.8.1 For use of the field, PAL shall make compensation to the City of Five
Hundred Dollars($500)per month,due on the first(I')day of each month.
For use of the Leisure Center office,PAL shall pay the City Two Hundred
Dollars($200)per month,due on the first(1)day of each month.
3. INSURANCE AND INDEMNIFICATION
3.1 PAL shall procure and maintain,at its sole cost and expense,in a form and content
satisfactory to City, during the entire term of this Agreement, including any
extension thereof,the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per-occurrence basis. A combined
single limit of$1,000,000.00.
(b) Worker's Comnemaaa ion n ce.In the event PAL hires any employees so
defined in the Labor Code's Worker's Compensation Section, a policy of
worker's compensation insurance shall be procured and maintained in such
amount as will fully comply with the laws of the State of California and that
shall indemnify, insure and provide legal defense for both PAL and City
against any loss,claim or damage arising from any injuries or occupational
diseases occurring to any worker employed by or any persons retained by
PAL in the course of carrying out the work or services contemplated in this
Agreement.
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All of the above policies of insurance shall be primary insurance and shall name the
City, its officers, employees and agents as additional insureds. The insurer shall
waive all rights of subrogation and contribution it may have against City,its officers,
employees and agents and their respective insurers.All of said policies of insurance
shall provide that said insurance may not be amended or canceled without providing
thirty(30)days'prior written notice by registered mail to the City.hi the event any
of said policies of insurance are canceled,PAL shall,prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 3.1 to the
Contract Officer.
No work or services under this Agreement shall commence until PAL has provided
City with Certificates of Insurance or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance or binders are approved
by City.
PAL agrees that the provisions of this Section 3.1 shall not be construed as limiting
in any way the extent to which PAL may be held responsible for the payment of
damages to any persons or property resulting from PAL's activities or the activities
of any person or persons for which PAL is otherwise responsible.
In the event PAL subcontracts any portion of the work in compliance with Section
8.4 ofthis Agreement,the contract between PAL and such subcontractor shall require
the subcontractor to maintain the same policies of insurance that PAL is required to
maintain pursuant to this Section 3.1.
3.2 Indemnification
PAL agrees to indemnify the City, its officers, agents and employees against and
shall hold and save them and each of them harmless from any and all actions,suits,
claims,damages to persons or property,losses,costs,penalties,obligations,errors,
omissions or liabilities(herein"claims or liabilities")that may be asserted or claimed
by any pins, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities of PAL, its agents, employees,
subcontractors or invitees provided for herein,or arising from the negligent acts or
omissions of PAL hereunder, or arising from PAL's negligent performance of or
failure to perform any term,provision,covenant or condition of this Agreement,but
excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) PAL shall defend any action or actions filed in connection with any of said
claims or liabilities and shall pay all costs and expenses,including legal costs
and attorneys' fees incurred in connection therewith;
(b) PAL shall promptly Pay any judgment rendered against the City, its officers,
agents or employees for any claims or liabilities arising out of or in
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connection with the negligent performance of or failure to perform such
work,operations or activities of PAL hereunder;and PAL agrees to save and
hold the City,its officers,agents and employees harmless therefrom;
(c) In the event the City,its officers,agents or employees,is made a party to any
action or proceeding filed or prosecuted against PAL for such damages or
other claims arising out of or in connection with the negligent performance
of or failure to perform the work,operation or activities of PAL hereunder,
PAL agrees to pay City,its officers, agents or employees, any and all costs
and expenses incurred by the City,its officers,agents or employees,in such
action or proceeding,including,but not limited to,legal costs and attorneys,
fees.
3.3 Sufficiency of Insurer or Surety
Insurance of bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Fe rat
Register.and only if they are of a financial category Class VII or better,unless such
requirements are waived by the Risk Manager of the City('Risk Manager")due to
unique circumstances. In the event the Risk Manager determines that the work or
services to be performed under this Agreement creates anincreased or decreased risk
of loss to the City,PAL agrees thatthe minimum limits ofthe insurance policies and
the performance bond required by this Section 3 may be changed accordingly upon
receipt of written notice from the Risk Manager;provided that PAL shall have the
right to appeal a determination ofincreased coverage by the Risk Manager to the City
Council of City within ten(10)days of receipt of notice from the Risk Manager.
4. WAIVER OF UTILITY F n URE
4.1 PAL expressly waives any and all claims to the City for compensation for any and
all losses or damages sustained for any reason or any defect, deficiency or
impairment of any utility system,water supply system,drainage system, electrical
apparatus or wires serving Palm Springs Stadium with respect to the loss of the field
for PAL functions.
5. ENFORCEMENT OF AGREEMENT
5.1 California Law
This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute,claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside,
State ofCalifornia,or any other appropriate court in such county,and PAL covenants
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and agrees to submit to the personal jurisdiction of such court in the event of such
action.
5.2 Disputes
In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten(10)days of service of such
notice and completes the cure ofsuch default within forty-five(45)days after service
of the notice, or such longer period as may be permitted by the injured party;
provided that if the default is an immediate danger to the health, safety and general
welfare,such immediate action may be necessary. Compliance with the provisions
of the section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any
part's right to take legal action in the event that the dispute is not cured,provided
that nothing herein shall limit City's or PAL's right to terminate this Agreement
without cause pursuant to Section 5.8.
5.3 Retention of Funds
PAL hereby authorizes City to deduct from any amount payable to PAL(whether or
not arising out of this Agreement)(i)any amounts,the payment of which may be in
dispute hereunder or which are necessary to compensate City,for any losses,costs,
liabilities or damages suffered by City,and(ii)all amounts for which City may be
liable to third parties by reason of PAL's acts or omissions in performing or failing
to perform PAL's obligation under this Agreement. In the event that any claim is
made by a third party,the amount or validity of which is disputed by PAL, or any
indebtedness shall exist that shall appear to be the basis for a claim or lien,City may
withhold from any payment due, without liability for interest because of such
withholding, any amount sufficient to cover such claim. The failure of City to
exercise such right to deduct or to withhold shall not,however,affect the obligations
of PAL to insure,indemnify and protect City as elsewhere provided herein.
5.4 Waiver
No delay or omission in the exercise ofany right or remedy by a non-defaulting party
on any default shall impair such right or remedy or be construed as a waiver. A
parry's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other
parry's consent to or approval of any subsequent act.Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
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5.5 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement,the rights and remedies ofthe parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same
default or any other default by the other party.
5.6 Legal Action
In addition to any other rights or remedies,either party may take legal action,in law
or in equity, to cure, correct or remedy any default, to recover damages for any
default,to compel specific performance of this Agreement,to obtain declaratory or
injunctive relief,or to obtain any other remedy consistent with the purposes of this
Agreement.
5.7 Termination Prior to Expiration of Term
This section shall govern any termination of this Agreement except as specifically
provided in the following section for termination for cause. City reserves the right
to terminate this Agreement at any time,with or without cause,uponthirty(30)days'
written notice to PAL,except that where termination is due to the fault of PAL,the
period of notice may be such shorter time as may be determined by the Contract
Officer.In addition,PAL reserves the right to terminate this Agreement at any time,
with or without cause,upon sixty(60)days'written notice to City,except that where
termination is due to the fault of City,the period of notice may be such shorter time
as PAL may determine.
5.8 Attorneys' Fees
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement,the prevailing
party in such action or proceeding,in addition to any other relief that may be granted,
whether legal or equitable,shall be entitled to reasonable attorneys'fees.Attorneys'
fees shall include attorneys' fees on any appeal,and,in addition,a party entitled to
attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court
allows that are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not
such action is prosecuted to judgment.
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6. CITY OFFICERS AND EMPLOYEES: NON DISCR1AT WATION
6.1 Non-Liability of City Officers and Employees
No officer or employee of the City shall be personally liable to PAL, or any
successor in interest, in the event of any default or breach by the City or for any
amount that may become due to PAL or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.2 Non-Liability of PAL Officers and Employees
No officer or employee of PAL shall be personally liable to the City, or any
successor in interest,in the event of any default or breach by PAL or for any amount
that may become due to City or to its successor,or for breach of any obligation ofthe
terms of this Agreement.
6.3 Conflict of Interest
No officer or employee ofthe City shall have any financial interest,direct or indirect,
in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement that affects his financial interest or the financial interest of
any corporation, partnership or association in which he is directly or indirectly
interested,in violation of any state statute or regulation.PAL warrants that it has not
paid or given and shall not pay or give any third party any money or other
consideration for obtaining this Agreement.
6.4 Covenant Against Discrimination
PAL covenants that, by and for itself, its heirs, executors, assigns and all persons
claiming under or through it,there shall be no discrimination against or segregation
of any person or group of persons on account of race, color, creed, religion, sex,
marital status, sexual preference, domestic partnership status, national origin or
ancestry in the performance of this Agreement.
7. AUSCELLANEOUS PROVISIONS
7.1 Notice
Any notice,demand,request,document,consent,approval or communication either
party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid,first-class mail,in the case
of the City,to the City Manager and to the attention of the Contract Officer, CITY
OF PALM SPRINGS,P. O.Box 2743,Palm Springs, California 92263-2743,and,
in the case of PAL,to the person at the address designated on the execution page of
this Agreement.Either party may change its address by notifying the other party of
the change of address in writing.Notice shall be deemed communicated at the time
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personally delivered or in seventy-two(72)hours from the time of mailing if mailed
as provided in this section.
7.2 Interpretation
The terms of this Agreement 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 this Agreement or any other rule of construction that might
otherwise apply.
7.3 Integration;Amendment
It is understood that there are no oral agreements between the parties hereto affecting
this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the
parties,and none shall be used to interpret this Agreement.This Agreement may be
amended at any time by the mutual consent ofthe parties by an instrument in writing.
7.4 Severability
In the event that any one or more of the phrases, sentences, clauses,paragraphs or
sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs or sections of this Agreement hereby declared as severable and shall be
interpreted to carry out the intent ofthe parties hereunder unless the invalid provision
is so material that this invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
7.5 Corporate Authority
The persons executing this Agreement on behalf of the parties hereto warrant that(i)
such party is duly organized and existing,(ii)they are duly authorized to execute and
deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other agreement
to which said party is bound.
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8. COORDINATION OF WORK
8.1 Representative of PAL
The following principals of PAL are hereby designated as being the principals and
representatives of PAL, authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
President or Designee of PAL
200 S.Civic Dr.
Palm Springs, CA 92262
8.2 Contract Officer
The Contract Officer shall be such person as may be designated by the City Manager
of City. It shall be PAL's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and PAL shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein,any approval of City required hereunder shall need the approval of
the Contract Officer.The Contract Officer shall have authority to sign all documents
on behalf of City required hereunder to carry out the terms of this Agreement.
8.3 Prohibition Against Subcontracting or Assignment
The experience, knowledge, capability and reputation of PAL, its principals and
employees, were substantial inducement for City to enter into this Agreement.
Therefore, PAL shall not contract with any other entity to perform, in whole or in
Part,the services required hereunder without the express written approval of City.In
addition,neither this Agreement nor any interest herein may be transferred,assigned,
conveyed,hypothecated or encumbered voluntarily or by operation of law,whether
for the benefit of creditors or otherwise without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of
Persons acting in concert of more than twenty-five percent (250%) of the present
ownership and/or control of PAL,taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfers, including any bankruptcy
Proceeding,this Agreement shall be void.No approved transfer shall release PAL or
any surety of PAL of any liability hereunder without the express consent of City.
8.4 Independent Contractor
Neither City nor any of its employees shall have any control over the manner,mode
or means by which PAL, its agents or employees, performs the services required
herein,except as otherwise set forth herein.City shall have no voice in the selection,
discharge, supervision or control of PAL's employees, servants,representatives or
agents, or in fixing their number, compensation or hours of service. PAL shall
perform all services required herein as an independent contractor of City and shall
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remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. PAL shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a
partner of PAL in its business or otherwise or a joint venturer or a member of any
joint enterprise with PAL.
9. TERM
9.1 Unless earlier terminated in accordance with Section 5.7 of this Agreement, this
Agreement shall continue in full force and effect for a period not exceeding three(3)
years from the date hereof, except as otherwise provided.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM: PALM SPRINGS POLICE ATHLETIC
LEAGUE
RUTAN&TUCKER By:
Board Member
By:
David J.Aleshire Board Member
City Attorney
By:
Board Member
By:
Board Member
Address:
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MINUTE ORDER NO.
APPROVING THE THREE-YEAR AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE PALM SPRINGS POLICE
ATHLETIC LEAGUE FOR USE OF PALM SPRINGS STADIUM
AND LEISURE CENTER OFFICE SPACE FOR ITS YOUTH
BASEBALUSOFTBALL PROGRAM.
I HEREBY CERTIFY that this Minute Order, approving the three-year agreement between
the City of Palm Springs and the Palm Springs Police Athletic League for use of Palm
Springs Stadium and Leisure Center office space for its youth baseball/softball program,
was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 19'"day of July, 2000.
BY: PATRICIA A. SANDERS
City Clerk
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