City of Culver City, California
Agenda Item Report
Meeting Date: 05/23/11 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Approval of an Agreement with Culver City Little
League for the Use of Culver CityPark Sports Fields.
Contact Person/Dept.: Dan Hernandez,
PRCS Director
Phone Number: 310-253-6655
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (05/19/11); (E-Mail)
Culver City Little League (05/18/11).
Department Approval:
Dan Hernandez (05/10/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/17/11)
Chief Financial Officer Approval:
Jeff Muir (M. Noller) (05/18/11)
City Manager Approval:
John M. Nachbar (05/19/11)
RECOMMENDATION:
Staff recommends that the City Council approve an Agreement with Culver City Little
League for the use of Culver City Park Sports Fields.
BACKGROUND:
The Culver City Little League has a very long history with the City for the use of City
sports fields located on the upper levels of Culver CityPark. At one time there were
three (3) organizations utilizing the Culver CityPark fields: Culver City National Little
League, Culver City Little League and the Babe Ruth League. Each year, these
individual organizations would enter into an agreement with the City which included
a Scope of Service exhibit outlining the responsibilities of both the City and the
Leagues toward the upkeep of the fields.
Last year (2010) all three organizations merged and became the Culver City Little
League (CCLL). A single draft Agreement was prepared by staff and sent to the
newly designated CCLL President Mr. George Aceves. On April 27, 2011 PRCS
Director Hernandez, CCLL President Aceves, Parks Manager Reynolds and
Recreation Supervisor Jassim met to discuss the draft Agreement, which is provided
as an Attachment. The necessity of finalizing and implementing the document was
also discussed. At the meeting, CCLL President Aceves signed the draft Agreement
on behalf of CCLLand the document is now before the City Council for
consideration.
City of Culver City, California
Agenda Item Report
DISCUSSION:
This Agreement, if approved and implemented, will be of benefit to both the City and
CCLL in that the responsibilities of both parties are clearly stated. Once an
Agreement is in place, it is anticipated that opportunities to expand recreation
programming for the youth of Culver Citycan be better coordinated.
FISCAL ANALYSIS:
Staff has already begun researching expanding recreational programs at the facility
based on the established dates and times that the fields are available as per the
draft Agreement. If the City Council approves the draft Agreement, it is anticipated
that the first of the newly implemented programs will be a baseball skills clinic to be
scheduled for eight (8) weeks this summer during the time that the sports fieldsare
fully available to the PRCS Department. This baseball skills clinic is a contracted
program which is estimated to generate approximately $8,000 in revenues for the
City. This is anticipated to be the first of many such new programs at the Culver City
Sports Fields. Future revenues will be based on the success of other such
programs on the field(s).
ATTACHMENT:
Draft Agreement between the City of Culver City and the Culver City Little League
for the Use of the Culver City Park Sports Fields.
MOTIONS:
That the City Council:
1. Approve an Agreement with the Culver City Little League for the use of Culver
CityPark Sports Fields; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: May 23, 2011
AGENDA ITEM: Approval of an Agreement with Culver City Little League
for the Use of Culver City Park Sports Fields.
ATTACHMENT
Pages
Draft Agreement between the City of Culver City and
the Culver City Little League for the Use of the Culver
City Park Sports Fields.
1 - 10
Contract No. ____________
Page 1
CITY OF CULVER CITY
AGREEMENT
WITH: CULVER CITY LITTLE LEAGUE
FOR: USE OF CULVER CITY PARK BASEBALL FIELDS
THIS AGREEMENT is made and entered into by and between the CITY OF CULVER
CITY, a municipal corporation, hereinafter referred to as "CITY", and Culver City Little League, a
California non-profit corporation, hereinafter referred to as "LEAGUE".
WHEREAS, City has constructed a baseball/soccer facility in Culver City Park, and
designated as Bill Botts Field, CCLL Field 1, CCLL Field 2, CCLL Field 3 and Restrooms and
Snack Bars on Exhibit A, attached hereto hereinafter referred to as “the Facility”;
WHEREAS, League will use the Facility;
WHEREAS, City and League desire to set forth the rights and responsibilities of each
with regard to use and maintenance of the Facility;
NOW, THEREFORE, CITY AND LEAGUE AGREE AS FOLLOWS:
1. PRIORITY USE: Subject to City’s rights as set forth below, following the City and the
Culver City Unified School District (CCUSD), the League shall have priority use of the
Facility during the League’s regular season which runs from January 16
th
to June 30
th
.
CCUSD shall have priority use for its High School baseball games on Bill Botts Field and
all dates and times shall be communicated to the League at least thirty (30) days before
first date of use. City shall have full use of the outfield when League play is not in
progress. The priority use granted to League by this Agreement is only to allow League
to conduct its baseball league at the Facility. No other activity shall be conducted by
League at the Facility without prior written approval from City’s City Manager, or his/her
designee. In the sole discretion of City’s City Manager, or his/her designee, and with
three (3) business-days’ notice, City may cancel League’s use of the Facility, and any
portion or portions thereof, and League’s use shall be subordinate to City’s use of the
Facility, and any portion or portions thereof, for City programs and activities or filming
related activities approved by City.
2. TERM OF AGREEMENT. The term of this Agreement shall be from the effective date
pursuant to Paragraph 19 of this Agreement and shall end on June 30, 2011.
3. FAILURE TO PERFORM. If League fails to perform any obligations regarding
maintenance or repair upon written notification from City, then City, at its option, may
perform such maintenance or repair and charge League the cost incurred therefore.
League shall pay these costs within thirty (30) days after receipt of the bill therefore.
4. PROHIBITIONS. City retains the authority to prohibit or stop any activity being
conducted by League at the Facility, if City determines such activity to be an immediate
danger to the public health, safety and welfare.
5. DESIGNATED REPRESENTATIVE(S). League’s President shall be the designated
League Representative, and shall be responsible for negotiations, contractual matters,
and coordination with City.
ATTACHMENTPage 2
6. HOLD HARMLESS. League shall be responsible for any and all injuries to or death of
any person, and for any and all damage to any and all real or personal property including
City's or others, caused by or resulting from any acts, errors or omission of League, any
of its employees, invitees or agents arising out of this Agreement. League shall defend,
hold harmless and indemnify City and its officers and employees from any and all liability
claims, including costs, for damages to real or personal property, or personal injury or
death, resulting from League's, any of its employees’, invitees’ or agents’ acts, errors or
omissions arising out of this Agreement.
7. INSURANCE. Without limiting its obligations pursuant to Paragraph 8 of this
Agreement, the League shall procure and maintain, at League’s own cost and expense
and for the duration of this Agreement, insurance coverage as set forth in "Insurance
Requirements" attached to and incorporated into this Agreement as Exhibit "C.”
8. PERMIT REQUIRED. League is responsible for obtaining a park permit prior to use of
the field for games, practices or tournaments in order for City to have knowledge of the
extent of use of the facility.
9. PERMIT APPLICATION PROCESS. A permit application may be made no more than
six (6) months in advance of date desired. The permit application process begins the
date of reservation. League’s President shall be the signature authority for any park
permit. City requires a minimum of one week to process park permits.
10. IMPROVEMENTS TO THE FACILITY. League shall not modify the Facility without
written approval from the City’s PRCS Director. All requests for such approval must
include a “Letter of Intent”, accompanied by a Master Plan including construction
drawings and specifications. All modifications shall become the property of City. League
must obtain proper City permits and utilize approved, licensed contractors.
11. RECORDS AND INSPECTIONS. League shall maintain full and accurate records with
respect to League registration including participant home addresses. League shall
furnish to City notification of how many Culver City residents are participating in League
activities. League shall maintain an up-to-date list of key personnel and telephone
numbers for emergency contact after normal business hours.
12. PARK REGULATIONS.
a. NO ALCOHOLIC BEVERAGES.
b. NO DOGS – Except dogs used for the purpose of service to the disabled.
c. NO FIREARMS, SLINGSHOTS, BOWS OR EXPLOSIVES.
d. NO SMOKING in Culver City public parks.
e. PARKS CLOSE AT 9:30 PM. Lights will be turned off at that time. The Facility use
must be terminated by 9:30 PM as per City Code, unless granted a special permit by
City’s Parks, Recreation and Community Services Director.
f. No vehicles are allowed on the Facility. VIOLATORS ARE SUBJECT TO CITATION.
g. League shall report any vandalism, criminal offenses, or disturbances to the
Recreation Division at (310) 253-6650 or the Culver City Police Department at (310)
837-1221.
h. No advertising signs shall appear on the Facility or Culver City Park unless approved
in writing by the City’s Park, Recreation and Community Services Director (see item
I2, MODIFICATION OF FACILITY).
Page 3
13. NOTICES. All notices given or required to be given pursuant to this Agreement shall be
in writing and may be given by personal delivery or by mail. Notice sent by mail shall be
addressed as follows:
To City: City of Culver City
Attention: Recreation Manager
4117 Overland Avenue
Culver City, California 90230
To League: Culver City Little League
Attn: President
P.O. Box 189
Culver City, CA 90230
14. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any
of the terms, provisions or conditions be modified or waived or otherwise affected,
except by a written amendment signed by all parties hereto.
15. WAIVER. If at any time one party shall waive any term, provision or condition of this
Agreement, either before or after any breach thereof, then no party shall thereafter be
deemed to have consented to any future failure of full performance hereunder.
16. PROHIBITION OF ASSIGNMENT. League shall not assign or transfer any rights or
obligations it has under this Agreement, including subleasing of the Facility, without the
express written consent of City. Any attempt to make such assignment, transfer or
sublease shall automatically terminate this Agreement and all rights of League
established by this Agreement shall be null and void; and any purported assignee,
transferee or sub lessee shall not obtain any rights hereunder.
17. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without
cause, in its sole discretion, with thirty-days’ (30-days’) written notice.
18. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the
laws of the State of California. If litigation occurs, then venue shall be in the Superior
Court of Los Angeles County.
19. LITIGATION FEES. If litigation arises out of this Agreement for the performance thereof,
then the court shall award costs and expenses, including attorney's fees, to the
prevailing party. In awarding attorney's fees, the court shall not be bound by any court
fee schedule but shall award the full amount of costs, expenses and attorney's fees paid
or incurred in good faith.
20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between City and League for the use of the Facility and Culver City Park during the term
of this Agreement, and all preliminary negotiations and agreements are deemed a part of
this Agreement. No verbal agreement or implied covenant shall be held to vary the
provisions of this Agreement. This Agreement shall bind and inure to the benefit of the
parties to this Agreement, and any subsequent successors and assigns.
21. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed on
behalf of City, and shall remain in full force and effect until amended or terminated;
provided, that the indemnification and hold harmless provisions shall remain in affect
after that termination. Page 4
CULVER CITY LITTLE LEAGUE
Dated: _______________ By________________________________
It’s President
CITY OF CULVER CITY, CALIFORNIA
Dated: _______________ By_________________________________
John Nachbar
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FINANCING:
___________________________ _________________________
Pam Robinson Chief Financial Officer
Acting Parks, Recreation & Community
Services Director
APPROVED AS TO FORM:
___________________________
Carol Schwab
City Attorney
Page 5
EXHIBIT A
Bill Botts Field
CCLL Field 1
CCLL Field 2
CCLL Field 3
Diamond
Grass
Grass
Grass
Grass
Diamond
Diamond
Diamond
Restrooms &
Snack Bar
Restrooms &
Snack Bar Page 6
EXHIBIT B
CITY OF CULVER CITY
AGREEMENT
WITH: CULVER CITY LITTLE LEAGUE
FOR: USE OF CULVER CITY PARK BASEBALL FIELDS
FACILITY MAINTENANCE & IMPROVEMENTS
1. CITY’S RESPONSIBILITIES:
a. Maintain the outfield turf at the Facility, including removal of weeds and litter in
common areas along perimeter fence line, mowing of grass as needed, fertilizing
of turf, aeration, and disease control.
b. Maintain the infield during periods of City’s priority use.
c. Maintain the roads that provide reasonable access to and from Jefferson
Boulevard, and around the Facility.
d. Reasonably maintain and sweep the parking lots in Culver City Park including the
marking of parking stalls.
e. Furnish trash cans and refuse containers at the Facility and empty containers
weekly.
f. Move portable bleachers, as reasonably requested by League for All Star
Tournaments.
g. Provide restroom facilities.
h. Maintain the irrigation system.
i. Place signage on back fence (along path and hillside edge) to discourage kicking
balls against or leaning against the fence.
j. Prior to the conclusion of the League’s use of the Facility (as indicated under
PRIORITY USE), City shall schedule a walk-through inspection of the Facility to
be attended by representatives of City, the League, and the next contracted user
for sign off by the City and the next contracted user.
2. LEAGUE’S RESPONSIBILITIES
a. Maintain the infield at the Facility, including removal of weeds and debris,
mowing of grass as needed, planting and fertilizing of turf, top dressing, aeration,
maintenance of the baselines and other necessary maintenance.
b. No chemicals such as pesticides, herbicides, insecticides, or fungicides may be
applied without prior written consent of City’s Park Manager. A request for
consent must be accompanied by a Pest Control Advisors Report. All work must
be performed by a Licensed Pest Control Applicator.
c. Provide ongoing maintenance, including scoreboards and cleaning of the
buildings, bleachers, restrooms at the Facility, maintenance of fencing and
removal of graffiti.
d. Repair and maintain League equipment used in maintaining the Facility. Store,
secure and screen equipment in designated areas. Page 7
e. Spread infield mix on the in-field at the beginning of the League’s season, if
required as determined by League. League shall supply the infield mix as
approved by City’s Park Manager.
f. Line and otherwise mark the field at the Facility for League’s use.
g. Clean up of parking lots and ball field area in and around the Facility after each
use and properly dispose of items into appropriate trash receptacles. Properly
dispose of all concession stand trash, containers, boxes, etc into dumpsters
daily/nightly. Oversized items that do not fit into park trash cans must be taken to
dumpster. Remove, store or dispose of any tarps left outside on the grounds.
h. Paint the restroom/snack bar buildings with the direction and approval of the
City’s Director of Public Works/City Engineer.
i. Make improvements to the Facility as approved by the PRCS Dept, Public Works
Dept, and any other appropriate City agency.
j. Convert batting cage (between Field 1 and 2) into a secured, covered storage
area by March 1, 2011.
k. Maintain shades/screens around all seating areas during the season. Remove
and store shades/screens at the conclusion of each season.
l. Relocate infield mix mound presently next to Field 2. Place it next to storage bins
close to entrance and tarp and fence off the mound by May 1, 2011.
m. Purchase all supplies necessary for accomplishing League’s responsibilities
listed above.
n. Prior to the conclusion of the League’s use of the Facility (as indicated under
PRIORITY USE), the League shall attend a walk-through inspection of the
Facility as scheduled by the City for sign off by the City and the next contracted
user.
Page 8
EXHIBIT C
CITY OF CULVER CITY
AGREEMENT
WITH: CULVER CITY LITTLE LEAGUE
FOR: USE OF CULVER CITY PARK BASEBALL FIELDS
INSURANCE REQUIREMENTS
A. Prior to commencing operations pursuant to this Agreement, League shall submit
duly executed certificates of insurance for the following:
1. An occurrence-based Comprehensive General Liability (“CGL”) policy, at
least as broad as ISO Form CG 001, in the minimum amount of one million
dollars ($1,000,000) each occurrence, with not less than two million dollars
($2,000,000) in annual aggregate coverage. The CGL policy shall meet the
following requirements:
a. The policy shall provide coverage for personal injury, bodily injury,
advertising injury, death, accident and property damage, not excess
or contributing with respect to self-insured retentions or pooled risk
arrangements, as those terms are understood in the context of a
CGL policy;
b. The policy shall provide coverage for owned, hired and non-owned
automobile liability;
c. The policy shall include coverage for liability undertaken by contract
covering, to the maximum extent permitted by law, League’s
obligation to indemnify the Indemnitees as required under Section 6
of the Agreement;
d. The policy shall not exclude coverage for Completed Operations
Hazards or Athletic or Sports Participants; and,
e. The City of Culver City, members of its City Council, boards &
commissions, officers, agents and its employees will be named as
additional insureds in an endorsement to the policy, which shall be
provided to the City and approved by the City’s City Attorney.
2. Business Automobile Liability Insurance in the minimum amount of one
million dollars ($1,000,000) each occurrence, with not less than two million
dollars ($2,000,000) in annual aggregate coverage.
Page 9
3. Professional Liability Insurance in the minimum amount of one million
dollars ($1,000,000) per occurrence, with the following requirements:
a. The policy shall provide that defense costs are not included within
the policy limits;
b. The policy shall include coverage for separate “personal injury”
alleged to have been committed in the course of rendering
professional services.
4. Workers’ Compensation limits as required by the Labor Code of the State of
California with Employers’ Liability limits of one million dollars ($1,000,000)
per accident.
B. City may waive one or more of the coverages listed in Section A., above. This
waiver must be express and in writing, and will only be made upon a showing by
the League that its operations in and with respect to City are not such as to impose
liability within the scope of that particular coverage.
C. Additional insurance requirements:
1. All insurance listed in Section A., above, shall be issued by
companies licensed to do business in the State of California, with a
claims paying ability rating of “BBB” or better by S&P (and the
equivalent by any other Rating Agency) and a rating of A:VII or better
in the current Best’s Insurance Reports;
2. League shall provide City with at least thirty (30) days’ prior written
notice of any modification, reduction or cancellation of any of the
policies required in Section A., above ;
3. City may increase the scope or dollar amount of coverage required
under any of the policies described in Section A., above, upon prior
written notice to League.
D. City may increase the dollar amount of coverages under any of the policies
described in Section A., above, upon prior written notice to League.
Page 10
EXHIBIT D
CITY OF CULVER CITY
AGREEMENT
WITH: CULVER CITY LITTLE LEAGUE
FOR: USE OF CULVER CITY PARK BASEBALL FIELDS
UNITED STATES FLAG DISPLAY ETIQUITTE
The following sets forth basic etiquette for the outdoor display of the flag of the United
States of America at the Facility. A complete listing of the Official U.S. Flag Code can be
found at www.usflag.org.
A. It is the universal custom to display the flag only from sunrise to sunset on
buildings and on stationary flagstaffs in the open. However, when a patriotic effect
is desired, the flag may be displayed twenty-four hours a day if properly illuminated
during the hours of darkness.
B. The flag should not be displayed on days when the weather is inclement, except
when an all weather flag is displayed.
C. The flag should be hoisted briskly and lowered cautiously. When the flags are
flown from adjacent staffs, the flag of the United States should be hoisted first and
lowered last. When flags of States, cities or localities, or pennants of societies are
flown on the same halyard with the flag of the United States, the latter should
always be at the peak. No other flag or pennant may be placed above the flag of
the United States or to its right.
D. The flag, when flown at half-staff, should be first hoisted to the peak of an instant
and then lowered to the half-staff position. The flag should be again raised to the
peak before it is lowered for the day. On Memorial Day the flag should be
displayed at half-staff until noon only then raised to the top of the staff.
E. The flag should never be displayed with the union down, except as a signal of dire
distress in instances of extreme danger to life or property.
F. The flag should never touch anything beneath it, such as the ground, the floor,
water or merchandise or be used as a costume or athletic uniform.
G. The flag should never be fastened, displayed, used or stored in such manner as to
permit it to be easily torn, soiled or damaged in any way. When the flag is in such
condition that it is no longer a fitting emblem or display, it should be destroyed in a
dignified way, preferably by burning.