HomeMy WebLinkAbout7/19/2000 - STAFF REPORTS (18) 5
DATE: July 19, 2000 I
TO: City Council
FROM: Parks and Recreation Manager via Director, Department of Facilities
PALM SPRINGS YOUTH LEAGUE AGREEMENT
RECOMMENDATION:
That City Council approve a three-year agreement between the City of Palm
Springs and the Palm Springs Youth League(PSYL)for use of DeMuth Park,Palm
Springs Stadium, and Cerritos Field for its youth baseball and softball program.
BACKGROUND:
On July 3, 1996, City Council approved a three-year agreement with PSYL to
promote and provide a baseball and softball program for the youth of Palm
Springs. That agreement expired on July 3, 1999.
At its February 16 meeting, the Parks and Recreation Commission approved a
motion by a 710 vote to recommend that City Council approve this three-year
agreement.
This agreement was intended to be presented to Council earlier this spring, but,
due to possible scheduling conflicts and the joint use of the stadium with PAL and
Palm Springs Youth Football, the Interim City Manager withheld the agreement
from coming forward until staff could work out an arrangement with both
organizations that allowed multiple users in 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.
PSYL 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 past agreements the City has
had with PSYL. The only substantial change in the proposed agreement is the
compensation for use of City facilities, and section 6.4, "Covenant Against
Discrimination,* was changed to include sexual preference and domestic
partnership status. In the previous agreement, PSYL paid the City a flat fee,which
graduated over the three-year term, topping off at$7,000. PSYUs compensation
to the City over the next three years will be a flat fee of$7,000 each year, with
payment due on January 31 of each year.
I I�7
PALM SPRINGS YOUTH LEAGUE AGREEMENT
DATE: July 19, 2000
PAGE: Two
The proposed three-year agreement includes a $1,000-per-year payment to the
City from concession stand proceeds, to be used exclusively for capital
improvements relating to the concession stand.
/APPROVBY:
VICKI OLTEAN, Parks and Recreation Manage EL Dire or
Parks and Recreation Division epamenof Facilities
APPROVED:
ity Mpp ger
ATTACHMENTS:
1. Agreement
2. Minute Order KWEWEODYMEOFFOIAIICE
- IW\
1��I
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
Youth League,hereinafter referred to as "Youth League."
Whereas the City and Youth League are mutually interested in providing quality recreational
activities for the youth of Palm Springs; and
Whereas the City and Youth League desire to undertake an effort through fulfillment of these goals;
and
Whereas it is recognized that through a cooperative agreement between the City and Youth League,
the community will be afforded the fulfillment of a major recreational goal for youth.
Now,therefore,the City and Youth League do hereby mutually agree as follows:
1. INTENT OF AGREEMENT
1.1 It is the intent ofthis agreement to describe the responsibilities ofthe City and Youth
League in their cooperative effort to effectively promote and provide softball and
baseball 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 Youth League the John Williams Little
League fields and fields #5 and #6 located at DeMuth Park from the first
week in March until the third week in August from 5:00 p.m.to 10:00 p.m.,
Monday through Friday,and 8:00 a.m.to 1:00 p.m.,Saturday(John Williams
fields only), 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 Youth League within twenty-four (24) hours prior to
exercising its right to use the City facilities under this Section 2.1.
2.1.2 The City shall make available to Youth League, on a joint-use basis with
other youth organizations,Cerritos Field and Palm Springs Stadium the first
week in March until the third week in August from 5:00 p.m.to 10:30 p.m.,
Monday through Friday,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 Youth League within twenty-four (24) hours
prior to exercising its right to use the City facilities under this Section 2.1.
Weekend and 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.
15'� Z
2.1.3 Youth League must inform the City if it intends to operate the concession at
DeMuth Park or if it will have a concessionaire operate the facility for it.The
concessionaire must be approved by the City and must have a City business
license. Youth League will pay a concession fee of One Thousand Dollars
($1,000) per year to the City. This concession payment will be spent on
improvements to the concession stand. Improvements will be mutually
agreed upon by City and Youth League in advance of any expenditure
commitment.
2.2 Membership,Registration and Bylaws
2.2.1. Youth League must insure that its program is conducted in accordance with
the National Pony League 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 first aid.
2.3 Playing Equipment
2.3.1 Youth League shall be responsible for all supplies,equipment and uniforms
relating to the program.
2.4 Compliance with Park Rules and Regulations
2.4.1 Youth League 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 Youth League 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's Parks Division shall annually prepare the fields forplay before the
last full week in March(including the installation of the center field fence at
DeMuth Park).
2.5.2 The City shall regularly water the playing fields,maintain the lawn areas and
repair potholes.
2.5.3 The City shall pay for the electrical power to light the fields for practice and
league games. The City shall also replace and realign the field lights as
needed.
2
1sh3
2.5.4 The City shall purchase,install and maintain home plate,base pegs and one
pitching rubber at each playing field and shall bill Youth League for
materials. Payment is due thirty (30) days from invoice date. City shall
provide labor.
2.5.5 Youth League shall prepare and maintain all assigned fields, including
application of clay as necessary. Maintenance also includes adjusting bases
and marking fields.
2.5.6 Youth League shall purchase and store chalk required to line fields.
2.6 Communications
2.6.1 The City's assigned representative shall act as a resource liaison between the
City and the Youth League person concerning operational matters.
2.6.2 Youth League shall provide the City annually with current Youth League
rules and regulations.
2.7 Program Evaluation
2.7.1 Youth League agrees to provide the City with information necessary to
monitor and evaluate Youth League's compliance with this Agreement.
2.7.2 Program evaluation shall occur as neededthroughoutthe season andformally
at the conclusion of the season.
2.8 Compensation for Park Use
2.8.1 For use of the fields, Youth League shall make compensation to the City of
Seven Thousand Dollars($7,000)per year,due on January 31 of each year.
3. INSURANCE AND INDEMNIFICATION
3.1 Youth League 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 Compensation Insurance. In the event Youth League 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
3 /�� y
California and that shall indemnify,insure and provide legal defense for both
Youth League 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 Youth League in the course of carrying out the work or
services contemplated in this Agreement.
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.In the event any
of said policies of insurance are canceled, Youth League shall, prior to the
cancellation date,submit new evidence ofinsurance in conformance with this Section
3.1 to the Contract Officer.
No work or services under this Agreement shall commence until Youth League 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.
Youth League agrees that the provisions of this Section 3.1 shall not be construed as
limiting in any way the extent to which Youth League may be held responsible for
the payment of damages to any persons or property resulting from Youth League's
activities or the activities of any person or persons for which Youth League is
otherwise responsible.
In the event Youth League subcontracts any portion of the work in compliance with
Section 8.4 of this Agreement, the contract between Youth League and such
subcontractor shall require the subcontractor to maintain the same policies of
insurance that Youth League is required to maintain pursuant to this Section 3.1.
3.2 Indemnification
Youth League 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 persons,firm or entity arising out of or in connection with
the negligent performance of the work,operations or activities of Youth League,its
agents,employees,subcontractors or invitees provided for herein,or arising from the
negligent acts or omissions of Youth League hereunder, or arising from Youth
League'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:
4 )SFA
(a) Youth League 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) Youth League shall promptly pay any judgment rendered against the City,
its officers,agents or employees for any claims or liabilities arising out of or
in connection with the negligent performance of or failure to perform such
work,operations or activities of Youth League hereunder;and Youth League
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 Youth League 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
Youth League hereunder, Youth League 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 &a Rating Guide or in the eder 1
e ' ter 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 an increased or decreased risk
of loss to the City, Youth League agrees that the minimum limits of the 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
Youth League shall have the right to appeal a determination of increased 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 UTIIXiTY FAILURE
4.1 Youth League 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 Demuth Park and Pavilion Field with respect to the loss
of these fields for Youth League functions.
5 I CO
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 of California,or any other appropriate court in such county,and Youth League
covenants 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 of such 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
parry's right to take legal action in the event that the dispute is not cured,provided
that nothing herein shall limit City's or Youth League's right to terminate this
Agreement without cause pursuant to Section 5.8.
5.3 Retention of Funds
Youth League hereby authorizes City to deduct from any amount payable to Youth
League(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 Youth League's acts or
omissions in performing or failing to perform Youth League'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 Youth League,or any indebtedness shall exist that
shall appear to be the basis for a claim or Gen,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 Youth League to insure,
indemnify and protect City as elsewhere provided herein.
6
lVAJ?
5.4 Waiver
No delay or omission in the exercise of any right or remedy by a non-defaulting party
on any default shall impair such right or remedy or be construed as a waiver. A
party'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
party'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.
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 of the parties are cumulative and the exercise by
either parry 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,upon thirty(30)days'
written notice to Youth League,except that where termination is due to the fault of
Youth League,the period of notice may be such shorter time as may be determined
by the Contract Officer.In addition,Youth League 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 Youth League 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 additionto any other reliefthat 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
7 �r7 R
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.
6. CITY OFFICERS AND EMPLOYEES:NON-DISCRi HNATION
6.1 Non-Liability of City Officers and Employees
No officer or employee of the City shall be personally liable to Youth League,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 Youth League or to its successor, or for breach of
any obligation of the terms of this Agreement.
6.2 Non-Liability of Youth League Officers and Employees
No officer or employee of Youth League shall be personally liable to the City,or any
successor in interest,in the event of any default or breach by Youth League or for
any amount that may become due to City or to its successor, or for breach of any
obligation of the 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.Youth League 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
Youth League 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. MISCELLANEOUS PROVISI NS
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
8 iSro#
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 Youth League,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 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 ofthe 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 an' other agreement
to which said party is bound.
9
8. COORDINATION OF WORK
8.1 Representative of Youth League
The following principals of Youth League are hereby designated as being the
principals and representatives of Youth League,authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection therewith:
President or Designee of Youth League
P. O. Box 487
Palm Springs, CA 92263
8.2 Contract Officer
The Contract Officer shall be such person as may be designated by the City Manager
of City.It shall be Youth League's responsibility to assure that the Contract Officer
is kept informed ofthe progress ofthe performance ofthe services and Youth League
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 ofYouthLeague,its principals
and employees,were substantial inducement for City to enter into this Agreement.
Therefore,Youth League 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 (25%) of the
present ownership and/or control of Youth League,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 Youth League or any surety of Youth League 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 Youth League, 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 Youth League's employees,servants,
• 10
��It! AN
representatives oragents,orin fixingtheir number,compensationor hours ofservice.
Youth League shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role.Youth League 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 Youth League in its business or otherwise or a joint
venturer or a member of any joint enterprise with Youth League.
9. ERM
9.1 Unless earlier terminated.in accordance with Section 5.7 of this Agreement, this
Agreement shall continue in full force and effect for aperiod 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 YOUTH LEAGUE
RUTAN&TUCKER By:
Board Member
By:
David J.Aleshire Board Member
City Attorney
By:
Board Member
By:
Board Member
Address:
tl
/d"a I%
MINUTE ORDER NO.
APPROVING THE THREE-YEAR AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE PALM SPRINGS YOUTH
LEAGUE FOR USE OF DEMUTH PARK, PALM SPRINGS
STADIUM, AND CERRITOS FIELD FOR ITS YOUTH BASEBALL
AND SOFTBALL PROGRAM.
I HEREBY CERTIFY that this Minute Order, approving the three-year agreement between
the City of Palm Springs and the Palm Springs Youth League for use of DeMuth Park, Palm
Springs Stadium,and Cerritos Field for its youth baseball and 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
I��