HomeMy WebLinkAboutAGENDA REPORT 2023 0215 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 15, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider Amendment No. 1 to the Agreement between the City of Moorpark and
Moorpark Little League for Permanent Improvements to Ballfield No. 1 at
Poindexter Park; and Making a Determination of Exemption Under CEQA in
Connection Therewith. Staff Recommendation: Approve Amendment No. 1 to the
Agreement between the City of Moorpark and Moorpark Little League for the
installation of improvements to Ballfield No.1 at Poindexter Park; and authorize the
City Manager to sign the Agreement, subject to final language approval of the City
Manager. (Staff: Stephanie Anderson, Recreation Services Manager)
Item: 10.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Stephanie Anderson, Recreation Services Manager
DATE: 02/15/2023 Regular Meeting
SUBJECT: Consider Amendment No. 1 to the Agreement between the City of
Moorpark and Moorpark Little League for Permanent Improvements to
Ballfield No. 1 at Poindexter Park; and Making a Determination of
Exemption Under CEQA in Connection Therewith
BACKGROUND
Moorpark Little League (MPLL) has had a Facility Use Agreement with the City since
1995. At that time, MPLL was allowed priority use of both the north and south baseball
fields at Poindexter Park (Premises) for their spring season, which generally ran from
February through July of each year. The term of the initial Use Agreement was for five
years at a cost of one dollar per year. Additionally, MPLL was allowed use of the storage
room located on the south side of the restroom facility and was allowed to make certain
improvements to the baseball fields, at their cost. The improvements included the
following:
• South Baseball Field Backstop: Extended the backstop from 13 feet to 20 feet and
installed netting material.
• South Baseball Field Third Base Fence: Extended the height of the third base
sideline fence to a total height of 20 feet and installed chain link fencing.
• Temporary Outfield Fence: MPLL was allowed to install a temporary fence around
the outfield perimeter of the south baseball field during their season.
The league was also given permission to install a concession building at the park, which
was not completed. MPLL ultimately installed four baseball fields at Chaparral Middle
School and constructed the concession building on Chapparal Middle School property.
A provision of the Agreement required MPLL to maintain the Premises during their
season, including the maintenance of the infield areas, such as mowing, weeding,
maintaining the decomposed granite surfacing, and picking up trash and debris.
Item: 10.B.
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Honorable City Council
02/15/2023 Regular Meeting
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Additionally, MPLL was required to maintain the base pegs, pitcher’s mound, and home
plate, and install and remove the outfield fencing after their season.
Since 1995, MPLL has entered into several Use Agreements with the City for use of the
fields at Poindexter Park. Until 2012, the provisions of the Use Agreements did not
change significantly. However, in 2012, due to budgetary constraints and rising park
maintenance costs, all Youth Sport Organizations with Use Agreements were charged an
hourly rate (rather than $1.00 per year) to utilize their assigned fields. These hourly rates
are approximately equal to the costs to maintain the fields and are calculated on a three-
year basis, which aligns with the current contract term.
MPLL has expanded over the years and has requested additional seasons to run their
league. Currently MPLL is allowed priority use of the fields at Poindexter Park for their
Spring Season (February through June), All-Stars (July through August), and Fall Season
(August through November), and are allowed up to three tournaments each year.
DISCUSSION
Recently, MPLL requested permission to make additional improvements to Ballfield No.
1 (referred to as the Junior Field) at Poindexter Park, as the league is not only growing,
but also looking for ways to provide better value to league participants. The league is
now offering opportunities outside of the normal Spring and Fall Seasons and is focusing
on developing and growing the league. Since the Junior Field is the only full-size field in
Moorpark, MPLL has requested to invest in the following permanent improvements:
• Install a permanent fence with fence cap around the field with two entrance gates
for access.
• Modify the dugouts to increase the size and install a shade cover.
• Modify the batting cage on the 3rd base side to increase the size, relocate the
entrance, and install all-weather material.
• Remove the existing bullpen on the 1st base side of the field and install a batting
cage on the 1st base side.
• Install a bullpen in the right and left field out-of-bounds areas, including an all-
weather mound.
Historically, the City has not allowed the installation of permanent outfield fencing at
Poindexter Park. The City’s main concern over the years has been limiting the use of the
turf area of the fields by installing fencing outside of MPLL’s regular season. However,
rental reports for Poindexter Park from 2016 to 2022 show that the outfield turf areas at
Poindexter Park have not been rented by other sports organizations. The only rental at
Poindexter Park in the outfield turf area was by a dog agility group that has since moved
to College View Park. However, even with the permanent fencing, there would still be
room at Poindexter Park for the dog agility group to utilize the space between the outfield
areas of the baseball fields.
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02/15/2023 Regular Meeting
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Staff feels that the improvements proposed by MPLL will not only provide value to MPLL
participants, but will provide value to Moorpark residents overall. Currently, Moorpark
does not have a permanent baseball field with fencing. The improvements proposed by
MPLL will allow Moorpark residents to utilize a fully improved baseball field during MPLL’s
off-season. Additionally, the outfield turf areas are still large enough to accommodate
picnics, pickup soccer games, and other informal uses. Staff does not feel that the fencing
will limit the use of the park grounds since there has not been any interest form other
sport organizations to use these areas for any purpose other than baseball.
MPLL’s Facility Use Agreement includes Section 14, Improvements, which provides the
general parameters for making additional or alterations to the Premises. Amendment No.
1 (attached) has been prepared to detail and specifically approve the improvements
discussed in this report. This Amendment also adds to the Improvements section specific
requirements that must be met when paid contractors are used on a project, such as
compliance with Prevailing Wage Rates and the City’s Construction and Demolition
Ordinance, in addition to working hours, storm water runoff, and noise restrictions.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act (Section 21000, et. seq. of the California Public
Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary
“projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a
potential for resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment.” The proposed
Project is a project under CEQA.
The Community Development Director has reviewed the Project to determine the required
level of review under CEQA. The proposed Project is exempt from CEQA under State
CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to projects
involving the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency’s determination. This is an improvement to modify an
existing ballfield.
FISCAL IMPACT
There are no cost implications to the City, as the improvements, and maintenance of the
improvements, will be paid for by MPLL at their sole cost. There may be an increase in
rental revenue, as baseball fields are in high demand across the County.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
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02/15/2023 Regular Meeting
Page 4
STAFF RECOMMENDATION
Approve Amendment No. 1 to the Agreement between the City of Moorpark and Moorpark
Little League for the installation of improvements to Ballfield No.1 at Poindexter Park; and
authorize the City Manager to sign the Agreement, subject to final language approval of
the City Manager.
Attachment 1: Draft Amendment No. 1 to 2021-123 Moorpark Little League Facility Use
Agreement
Attachment 2: Improvement Diagram
Attachment 3: Moorpark Little League Facility Use Agreement
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AMENDMENT NO. 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK LITTLE LEAGUE FOR USE OF CITY FACILITIES
THIS AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
MOORPARK AND MOORPARK LITTLE LEAGUE FOR USE OF CITY FACILITIES
(hereinafter “Amendment”) by and between the CITY OF MOORPARK (hereinafter
"City”) and MOORPARK LITTLE LEAGUE, a non-profit corporation (hereinafter "MPLL")
is made and entered into as of this ______ day of _________________, 2023.
WHEREAS, on June 2, 2021, the Moorpark City Council approved an Agreement
with MPLL for the use of certain real property and associated facilities and equipment;
and
WHEREAS, MPLL has requested, and City has agreed, to allow MPLL to install
certain improvements at Poindexter Park, and now wish to document said Agreement
by jointly approving this Amendment.
NOW, THEREFORE, it is hereby agreed by and between the parties that:
I. Improvements
Section 14, Improvements, is amended to add the following paragraphs:
“MPLL is specifically authorized to make the following improvements to Ballfield
No. 1 (Junior Field) in accordance with this Section:
• Install a permanent fence with fence cap around the field with two
entrance gates for access.
• Modify the dugouts to increase the size and install a shade cover.
• Modify the batting cage on the 3rd base side to increase the size, relocate
the entrance, and install all-weather material.
• Remove the existing bullpen on the 1st base side of the field and install a
batting cage on the 1st base side.
• Install a bullpen in the right and left field out-of-bounds areas, including an
all-weather mound.
Improvements made using any paid labor, hired services, or independent
contractors (collectively “Contractor”) are subject to the following conditions.
MPLL is responsible for ensuring Contractor complies with these conditions.
A. All work shall be completed under prevailing wage rates. Contractor shall be
required to comply with all apprenticeship requirements as outlined in Labor
Code Sections 1720 et seq. and 1770 et seq. and 1777 et seq. All contractors
ATTACHMENT 1
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and all subcontractors must be registered with the California Department of
Industrial Relations pursuant to SB 854, and submit certified payroll reports
as required.
B. Contractor must hold a valid Class A, General Engineering and/or Class C13,
Fencing, State of California Contractor's License, and have carried a valid
Class A and/or Class C13 license continuously for the last five years.
C. Contractor shall obtain a City Business Registration prior to commencing
work.
D. The City has adopted a Construction and Demolition (C&D) Ordinance which
requires all Contractors on City projects, regardless of cost, to prepare a
Construction and Demolition Materials Management Plan (available at
www.moorparkca.gov/CDplan) and divert a minimum of 65% of material
generated during the project from disposal in a landfill (through reuse or
recycling). Contractors have two options to meet this requirement.
Contractors may use the City’s franchised hauler (Waste Management), who
can provide temporary bins and will dispose of waste at a City authorized
facility. Alternatively, Contractors may self-haul waste to a City authorized
certified C&D processing facility. Self-haul of waste must be done in proper
hauling vehicles and bins owned by Contractor and those vehicles must be
driven by Contractor’s employees. Because this is a prevailing wage project,
the self-haul vehicle drivers must be paid prevailing wage rates for driving
C&D materials to the authorized facility.
E. Contractor must comply with all applicable storm water and urban runoff
permits, regulations, codes, and laws.
F. Contractor shall take precautions to mitigate blowing of dust and dirt and shall
comply with governing regulations and Ventura County Air Pollution Control
District regulations pertaining to environmental protection.
G. Contractor shall comply with the City’s noise ordinance and limit noise to a
reasonable level as related to specific items of equipment used and their
hours of use. This does not preclude use of mechanical equipment such as
jack hammers and heavy equipment.
H. Prior to commencing work Contractor shall submit a schedule for approval by
the City’s representative indicating proposed methods and sequence of
operations for work.
I. Working hours are between 8:00 a.m. and 4:30 p.m. Monday through Friday,
unless otherwise approved in writing by City representative. No work shall be
performed on weekends or City Holidays.
J. Contractor shall be responsible for the security of the site.
1. Contractor shall be responsible for all damages to persons or property
that occur as a result of its fault or negligence and shall be responsible
for the protection of the project site until final acceptance by the City.
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2. Contractor shall take all necessary precautions for the safety of
workers on the project and shall comply with all applicable federal,
state, local and other safety laws, standards, orders, rules, regulations,
and building codes to prevent accidents or injury to persons on, about,
or adjacent to the premises where work is being performed and to
provide a safe and healthful place of employment.
3. Prior to starting work, Contractor shall verify that work areas are
completely secured to ensure separation of Contractor operations from
the public. Contractor is responsible for providing, installing, and
maintaining barricades, enclosures, and other protective equipment in
accordance with applicable federal, state and local codes and their
respective requirements.
4. Contractor shall ensure that areas to remain unaltered adjacent to
areas of work are properly secured and protected.
K. Contractor shall leave the site and surrounding areas clean and free of any
debris or other unsuitable materials.
L. It shall be the responsibility of the Contractor to locate all existing utilities and
protect them from damage.
M. Contractor shall repair at its own expense, any damage, whether inside or
outside of the project limits, to utility systems, surface pavements, fixtures,
structures, or vegetation that is not specifically indicated to be modified or
removed. All damaged items shall be repaired to their original condition, as
acceptable to the City.”
.
II. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK MOORPARK LITTLE LEAGUE
_______________________________ _______________________________
Troy Brown Roy Oliver
City Manager President
Attest:
_________________________________
Ky Spangler
City Clerk
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MPLL IMPROVEMENT DIAGRAM
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Foul Pole 250 ft
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ATTACHMENT 2
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ATTACHMENT 3
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK LITTLE LEAGUE FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this '2.na day of J(AV\L, ,
2021, between the CITY OF MOORPARK, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "City" and MOORPARK LITTLE
LEAGUE, a nonprofit organization , hereinafter referred to as "MPLL".
WIT N ES SET H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, MPLL provides baseball programs for the youth of the Moorpark
community ; and
WHEREAS , MPLL des i res to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation offacility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions , priority use , and reduced use fees to the youth sports organizations .
NOW, THEREFORE , in consideration of the mutual covenants , benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein , hereby grants to MPLL, and MPLL hereby accepts from City,
the use of certain real property and associated facilities and equipment at Poindexter Park,
hereinafter "PP", as described below and in Attachment "A" attached hereto and by this
reference incorporated herein, together with any and all improvements thereon, all of which
are hereinafter referred to as the "Premises " for the follow ing use periods:
A. During the spring season , fall season, all-stars, and other use periods including but
not limited to training clinics, camps , and advanced , specialized, or year-round team
practices not associated with a specific season , baseball fields 1 and 2. The spring
season may begin no earlier than February 1 and conclude no later than June 30 .
The fall season may begin no earlier than August 1 and conclude no later than
November 30. All-stars may begin no earlier than July 1 and conclude no later than
August 31 .
At City 's sole discretion , other fields may be temporarily assigned to MPLL if all, or a
portion of, fields listed above are not available due to closure for maintenance, use
by City for its own programs, or any other reason as deemed appropriate by the City
Manager or his/her designated representative.
B. For up to three (3) tournaments per calendar year, baseball fields 1 and 2. Each
MPLL Use Agreement Page 1 of 18 625
tournament may not exceed two (2) weekends or four (4) total days. Weekends for
each tournament must be consecutive, unless facilities are not available due to City
use, holidays, maintenance, or other rental use.
C. Storage room adjacent to restroom building. Storage room is approximately 150
square feet of storage space located adjacent to the restroom building. Storage
room or area may be moved or modified with fifteen (15) calendar days written
notice from City.
For use of City facilities beyond or other than described above, MPLL agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for up to three (3) years, commencing on July 1, 2021,
and ending on June 30, 2024, provided however, that City's obligations hereunder shall be
contingent upon MPLL's payment in full of all use and related fees and fulfillment of all
obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MPLL agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields as described in Sections 1 A and B of this Agreement:
$8. 75/hour for athletic fields
$6.00/hour for softball/baseball fields
B. Staff Fees: Staff fees as described in the current City Council Staff Billing Rates
Resolution, as may be amended from time to time, for monitoring of and maintenance
during tournaments. Staff fees shall be paid for the duration of the tournament.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use periods.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
MPLL Use Agreement Page 2 of 18
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The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MPLL written
notice by April 1 .
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Fees paid may be refunded or credited in accordance with the terms and conditions
established in the current Rules and Regulations Governing City Facility Rentals and
Rental Fees, Deposits, and Additional Charges for City Facility Rentals resolutions .
5.Use
The Premises shall be used for MPLL's authorized games , practices, and training sessions.
The Premises shall be used as specified in this Agreement only and shall not be used for
any other purpose without the prior written consent of the City Manager or the City
Manager's designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises shall be furnished to the Parks
and Recreation Director (PR Director) or the PR Director's designee for the City's approval
as follows:
A. Fall season: On or before July 15 . Fields not requested for reservation by MPLL for
the fall season by this date will be available to the public and MPLL will not have
priority use of them.
B. Spring season: On or before January 15. Fields not requested for reservation by
MPLL for the spring season by this date will be available to the public and MPLL will
not have priority use of them.
C. All-stars: On or before June 15. Fields not requested for reservation by MPLL for the
spring season by this date will be available to the public and MPLL will not have
priority use of them.
D . Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
E. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the "Park Facility Reservation Application
Youth Sports Organizations" form for seasonal use, and on the "Tournament Reservation
Application" form for tournaments . A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
MPLL Use Agreement Page 3 of 18
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clinics, camps , and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MPLL with an approved Rental Permit based on the Reservation
Request detailing the dates and times MPLL is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by the City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments , permission for overnight security for tournaments, and
vendor requirements. MPLL shall abide by all conditions and requirements on the approved
Rental Permit.
MPLL may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by MPLL a total of
three times during a season or reserved period of use, the field(s) reservations may be
cancelled and removed from the reservation permit. MPLL will be notified by City staff when
it has been determined that one or more fields are not being used, and prior to cancellation
of the field reservation.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MPLL. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
MPLL shall not have priority use of Premises outside of the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MPLL shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MPLL agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include : 1) a budget summary of actual
revenue and expenditures from MPLL's prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MPLL's current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the "Youth
Sports Organization Information Sheet" on or before January 15 of each year.
B. In order to retain rights under this Agreement, MPLL must register and maintain a
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minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark city limits. MPLL shall
provide City with registration rosters as described in 3 C of this Agreement.
C. MPLL shall submit annually to the City a completed "Youth Sports Organization
Information Sheet," the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. MPLL shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MPLL. A new form
shall be submitted any time the list of authorized signatories changes.
E. MPLL agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the "Premises" and "Use" sections of this Agreement. MPLL further
agrees to notify all coaches and participants of the City's rules and regulations
governing City park rentals and shall prohibit any coach or participant from
interfering with a permitted park rental.
7. Wet Field Policy
MPLL agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, irrigation
system problems or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager's or the City Manager's designee's sole discretion.
Fields are closed under the following conditions:
A. Rain (except for light drizzle if the ground is relatively hard and dry prior to the start
of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager's designee.
8. Storage Rooms
A. MPLL shall be provided with no more than four (4) keys to the storage room prior to
the start of the season and shall be responsible for securing said keys. Said keys
shall not be duplicated. Upon vacating the storage room, MPLL shall return the keys
to City. MPLL shall return the keys to City within fifteen (15) days of vacating use at
MPLL Use Agreement Page 5 of 18
629
the end of the season or when Agreement is terminated. In the event any key(s)
assigned to MPLL are lost or stolen, MPLL agrees to reimburse City for all costs,
including a fifteen percent (15%) administrative fee, associated with re-keying
facilities and issuing replacement keys.
B. MPLL agrees to immediately (within 24 hours) report to City any damage or
vandalism to the storage rooms.
C. MPLL shall use the storage room to store maintenance and game equipment and
only. MPLL may store maintenance and game equipment in the storage room year
round. No more than five (5) gallons of gasoline or propane may be stored in the
storage room. MPLL shall clean the storage room on a regular basis, and keep it
free of dirt, dust, and debris. MPLL shall be required to vacate the storage room
upon thirty (30) days written notice from the City if it is needed for City purposes.
9. Signs
MPLL agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager's designee. In the event of a violation of this provision by
MPLL or anyone claiming under MPLL, MPLL hereby authorizes City as MPLL's Agent, to
remove and dispose of any such sign, signboard, or other advertising, and to charge the
cost and expense of any such removal and disposal to MPLL who agrees to pay the same
upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
MPLL further agrees to abide by the City's Sign Ordinance regarding the placement of
signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager's designee. Vendors are subject to the following conditions:
A. Vendors must complete the City's vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
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MPLL must pay to the City vendor fees as described in the current Park Rental Fees
resolution .
11. Indemnification and Hold Harmless
MPLL hereby agrees to hold harmless and indemnify City, its officials, agents , and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions , expense (including costs of fees and expenses for legal
services) and/or liability arising or growing out of loss or damage or destruction to property ,
including City's own personal property , or injury to or death of persons , including
employees of City, resulting in any manner whatsoever directly or indirectly , by reason of
this Agreement or the use of City facilities by MPLL or any person claiming use under or
through MPLL unless such loss , damage, injury, or death is due to the sole negligence of
the City. MPLL shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders , judgments , and decrees which may be entered in any and all
such suit or actions . MPLL and all others using said facilities under this Agreement hereby
waive any and all claims against the City of damage to persons or property in, or about City
facilities .
The City does not, and shall not, waive any rights that it may have against MPLL by reason
of this Section, because of the acceptance by the City, or the deposit with the City , of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim , demand , damage , liability , loss, cost or
expense described in this Section . The prov isions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MPLL pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
MPLL shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment "B" attached hereto and incorporated herein
by this reference as though set forth in full. Coverage shall apply to all use of City facilities
by MPLL pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City's sole discretion and shall be performed by City force account or by City's
authorized agent unless approved by the City Manager or the City Manager's designee in
writing . All maintenance authorized to be performed by MPLL shall adhere to City
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specifications and standards.
A. During use under this Agreement, MPLL shall be responsible to perform the
following maintenance on Premises at MPLL's sole cost and expense:
1. At least thirty (30) days prior to the start of maintenance activities, a
representative from MPLL shall meet with the City Manager or the City
Manager's designee to review the condition of the infield areas. MPLL shall
grade the infield areas of all ball fields, in order to level the fields and insure
positive drainage, two percent (2%) cross fall maximum. Infield mix shall be
added to the satisfaction of the City Manager or the City Manager's designee
and shall consist of sixty percent (60%) 'decomposed granite' and forty
percent (40%) 'brick dust' available from Peach Hill Soils or equal. The brick
dust and decomposed granite shall be mixed evenly by the manufacturer
prior to installation. MPLL shall provide the City with the quantity of the
infield mix proposed and product specifications prior to the start of work.
MPLL shall hire a contractor with proven grading experience and submit to
the City the contractor's qualifications. MPLL shall obtain the City's written
approval prior to commencing work.
2. Pick up trash and recycle materials on and within 100' around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MPLL. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
3. Groom, drag, and rake infields and area within the pitching cage and batting
cage. MPLL agrees to hand rake the infields within eighteen (18) inches of
the infield grass line to prevent the build-up of a lip. MPLL shall replace infield
fill when necessary using an infield mix to be specified and approved by City.
Only white water-based acrylic paint, manufactured specifically for marking
lines on sports turf and athletic fields, may be used on the turf. Athletic field
paint may not contain calcium carbonate, vinyl copolymers, herbicides, or
pesticides. Only white field chalk, manufactured specifically for marking lines
on ball fields, may be used on the dirt portions of the infield. Chalk may not
contain any lime-based products, or other chemicals known to cause skin
and eye irritation.
4. Maintain grass infields using a seed mix specified and approved by City.
5. Maintain base pegs, pitcher's mounds, pitching rubbers, and home plates.
6. Maintain dug-out covers.
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7. MPLL may install a temporary fence around the outfield perimeter of the
north and south baseball diamond during the primary season. Said temporary
fence may be installed no earlier than February 1 and must be removed no
later than July 15, unless otherwise approved in writing by the City Manager
on his/her designee. Sleeves may not be used to secure said fencing.
Damaged fencing must be repaired or removed within seventy-two (72) hours
of notification that repair or removal is needed. Fencing must be stored off
Premises outside the primary season. Said temporary fence shall be installed
to the satisfaction of the City Representative and shall consist of maximum 6'
height chain link panels with mechanically driven posts. Free standing
panels or panels with post bases shall not be allowed. Fence posts shall be
driven minimum 18" depth and shall be installed perpendicular to the existing
grade. Fence panels shall be clamped together with two clamps and
carriage bolts, one installed at the top of the fence and one at the bottom.
Carriage bolts shall be installed so that the rounded end of the bolt is facing
play. The nut end of the bolt shall be installed flush with the bolt, and shall
not extend further than ¼" beyond the nut. A poly cap shall be installed
along the top of the fence the entire length and strapped secure."
8. Remove graffiti from temporary fences installed by MPLL within seventy-two
(72) hours of notification to do so. All cleaning products used must be
approved by City. If MPLL fails to remove graffiti as described in this section,
MPLL authorizes City to remove graffiti and to charge the cost and expense
of such removal to MPLL, who agrees to pay the same upon demand.
9. MPLL previously installed batting cages at Premises. MPLL shall be
responsible for maintain batting cages as follows: Batting cages shall be
locked secure at the end of each day of use. Batting cage screen shall be
constructed with either 42# high density UV treated polyethylene (HOPE)
netting, 42# urethane treated nylon netting, or equal per City's written
approval. Netting shall be installed secure, with tension ropes to minimize
sags. Netting sags shall not exceed 9". Pitcher screens shall be constructed
with 2" O.D. powder coated tubing or galvanized tubing with 1 ¾"sq.double
sided mesh constructed of either 42# high density UV treated polyethylene
(HOPE) netting, 42# urethane treated nylon netting, or equal per City's
written approval.
10. Mow turf areas from the infield up to the temporary fence around the outfield
perimeter.
11. Prior to erecting barricades, cones, or any other traffic control devices on any
public street or right-of-way, MPLL agrees to obtain an encroachment permit
from City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City's expense turf areas within Premises.
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2. Remove graffiti from permanent fences, backstops, and dugouts.
C. City and MPLL shall jointly:
1. Maintain backstops and dug-outs, including fence material.
D. Other than described in this Agreement, City shall not be obligated to repair, replace
or maintain the Premises in any manner throughout the term of this Agreement. City
shall not be obligated to perform any precautionary or preventative measures with
respect to the Premises , including, but not limited to drainage and flood control
measures. Should City perform any of the foregoing, such services shall be at the
sole discretion of City, and the performance of such services shall not be construed
as an obligation or warranty by City of the future or ongoing performance of such
services. City shall determine maintenance specifications.
E. City agrees to allow MPLL to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment
and preparing baseball fields only. Vehicles shall not exceed a gross vehicle weight
(GVW) of 5,400 pounds and may only include golf carts , utility vehicles ("Gators"), or
all-terrain vehicles (A TVs). Vehicles must be equipped with turf tires. MPLL agrees
not to use vehicles on the field whenever the ground is wet, for whatever reason,
without obtaining the City Manager's or the City Manager's designee 's written
approval. MPLL further agrees that only licensed drivers age eighteen (18) or older
may drive said vehicles. MPLL agrees to immediately report to City any damage to
Premises caused by use of vehicles on Premises . MPLL further agrees to repair any
damage caused by MPLL's use of vehicles at MPLL's sole cost and expense to the
satisfaction of the City. Except as described above , use of any other vehicle on any
area other than roadways and parking lots requires the advance written approval of
City.
14. Improvements
MPLL shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager's designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work .
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MPLL 's sole cost and expense in strict accord with all federal, state , county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City's sole discretion, work may be stopped if it does not conform to City specifications and
standards .
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager's
designee , any alterations , additions , and improvements shall remain on and be
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surrendered with the Premises upon the expiration or termination of this Agreement. MPLL
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MPLL agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MPLL alterations, additions, or
improvements to the Premises.
If MPLL discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager's designee in writing.
15. Amplified Sound
MPLL agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager's designee. MPLL agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MPLL agrees that it will not place or store any flammable materials on the Premises except
as described in Section 8.C., that it will not commit any waste or damage, nor suffer any to
be done. MPLL also specifically agrees that it will not allow others to take such actions on
the Premises. MPLL further agrees that it will keep the Premises clean, free from weeds,
rubbish, and debris and in a condition satisfactory to City.
MPLL shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MPLL's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. MPLL agrees to take preventative action to eliminate such dust,
odor, noise, or any other nuisance which may disturb the adjacent or nearby community
and agrees to be responsible for and to assume all liability for such dust, odor, noise, or
other nuisance disturbances. MPLL also agrees that it shall not use amplified sound or
field lighting on Premises for any reason, without the prior written consent of the City
Manager or the City Manager's designee.
17. Pesticides and Herbicides
MPLL agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MPLL
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
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18. Hazardous Materials Indemnity
MPLL hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by MPLL; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by MPLL. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
MPLL agrees that in the exercise of its rights under this Agreement, MPLL shall comply
with all applicable federal, state, county, and local laws and regulations in connection with
its use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
21. Discrimination
MPLL agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
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22. Assignment and Subletting
MPLL shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of MPLL excepted) to occupy or use the Premises, or any
portion thereof, without the prior written consent of the City Manager or the City Manager's
designee. A consent to one assignment, subletting, occupation, or use by another person shall
not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use
by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to
the interest of MPLL, by operation of law, without the written consent of the City Manager or the
City Manager's designee. Any assignment or subletting without such consent shall be void, and
shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is
created or vested in MPLL by this Agreement.
23. Insolvency or Bankruptcy
If MPLL shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MPLL under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MPLL thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MPLL fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
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26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MPLL shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If MPLL remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
29. Remedies
In case of the failure or refusal of MPLL to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right forthwith
to remove MPLL's personal property from the Premises at the sole cost, expense and risk
of MPLL, which cost and expense MPLL agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MPLL will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MPLL shall be given or mailed to MPLL at the address listed
below and addressed to the current MPLL President. It is the responsibility of MPLL to
notify City when there has been a change with regard to the individual serving as President
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and to provide the City with name, address, and 24-hour contact phone number of the new
President.
Moorpark Little League
Roy Oliver
P.O. Box 496
Moorpark, CA 93020
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager on
behalf of the City.
36.Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
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37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments , oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MPLL warrants and represents that
he/she has the authority to execute this Agreement on MPLL's behalf and has the authority
to bind MPLL to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK
T own
City Manager
Attest:
City Clerk
Attachments: A: Premises
MOORPARK LITTLE LEAGUE
Roy Oliver
President
B: Insurance Requirements
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Attachment A
Premises
Ballfield 1 and 2 at Poindexter Park
Storage Room
/
I
MPLL Use Agreement Page 17 of 18
641
Attachment B
Insurance Requirements
MPLL shall secure, pay for, and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating/ FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. MPLL shall furnish a Certificate
of Liability Insurance and Insurance Endorsement, subject to the City's acceptance, to the City
prior to execution of this Agreement. MPLL agrees to have its insurer endorse, to the satisfaction
of the City, the third-party general liability coverage required herein to include as additional
insureds the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MPLL or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. MPLL's policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If MPLL's employees, volunteers, and contractors will use personal autos in any way during the
performance of this Agreement MPLL shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to City, if requested.
3. WORKERS' COMPENSATION INSURANCE
Workers' Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. MPLL shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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City of Moorpark
Workers' Compensation Exemption Certification
I certify that in the performance of this Agreement, I shall not employ any person
in any manner so as to become subject to the Workers' Compensation laws of the
California Labor Code, and agree that if I should become subject to the Workers'
Compensation provisions of the California Labor Code, I shall forthwith comply
with those provisions.
CONTRACTOR/CONSUL TANT:
(Signature)
J 1,~17,
(Date)
643