EXHIBIT C - ORGANIZATION’S RESPONSIBILITIES
A. ORGANIZATION must obtain and provide proof of required health permits to operate and handle food from concession stand/kitchen.
B. ORGANIZATION shall follow all local, county, and State health guidelines for indoor and outdoor youth sports activities, to help stop the spread of illnesses, viruses, and communicable diseases.
C. ORGANIZATION is responsible for regulating the conduct of its board members, coaches, players, and parents while using the Subject Facilities.
D. No power vehicles/equipment other than City operated are permitted on the field E. ORGANIZATION agrees that in order to ensure a safe sports program and to protect participants, the ORGANIZATION will conduct criminal background checks at the ORGANIZATION’S expense on all volunteers, 18 years and older, who will be in a position to supervise youth under 18 years of age or vulnerable adults.
ORGANIZATION also agrees that failure of an individual to submit to a required criminal background check will result in prohibiting said individual from coaching and/or supervising children or vulnerable adults. ORGANIZATION agrees to make every effort to prevent an individual with a history of dangerous criminal behavior from having contact with children or vulnerable adults who are participating in the League.
F. Any documents, photo copies, or scans, must be done on ORGANIZATION equipment and at the ORGANIZATION'S expense.
G. Any organization mail shall be made to the ORGANIZATION'S PO Box, or headquarter mailing address that is not a City address.
H. ORGANIZATION shall provide the personnel necessary to supervise and conduct the activities as set forth in this AGREEMENT at the Subject Facilities, and shall furnish and supply any and all equipment and material, which may be necessary for such activities conducted at the Subject Facilities. Athletic Field Lining and Marking must be done with prior written approval of CITY.
DocuSign Envelope ID: F2E220C8-5849-4FC6-9F33-AD18DEBD6AFE
EXHIBIT D – MAINTENANCE, INSPECTION, IMPROVEMENTS, AND SIGNAGE
MAINTENANCE
A. ORGANIZATION shall be responsible for all damages or injury to property or equipment caused by ORGANIZATION, its agents, employees, volunteers, participants and/or any other individual at the Subject Facilities during ORGANIZATION’s use of the Subject Facilities.
B. All maintenance such as field preparation to include lining of the fields, marking of the fields and setup of temporary equipment will be performed by ORGANIZATION.
C. ORGANIZATION is responsible for the facility being free of trash and/or debris caused by group usage upon conclusion of each day's use.
D. ORGANIZATION is responsible for the daily maintenance and cleaning of the storage area, office, and concession area (including snack bar & kitchen).
E. ORGANIZATION is required to report any damage to persons or property or acts of vandalism to CITY immediately. Any equipment that is owned by ORGANIZATION shall be maintained by the ORGANIZATION at the ORGANIZATION'S expense. Any equipment that is owned by the CITY shall be maintained by the CITY.
F. ORGANIZATION is required to leave the concession area (including snack bar & kitchen) neat and clean upon the conclusion of the season in preparation for turnover to any other sports organization or CITY.
INSPECTION
A. ORGANIZATION and CITY shall conduct a joint safety walk to inspect the Subject Facilities prior to each use by ORGANIZATION to ensure that it is free from any defects and/or hazards that may pose a danger to participants, spectators and/or any other person who is at the Subject Facilities as part of ORGANIZATION’s use of the Subject Facilities. ORGANIZATION shall immediately notify CITY of any defect or hazard identified so that CITY has sufficient time to warn of the defect or hazard and/or remediate the defect or hazard prior to ORGANIZATION’s use of the Subject Facilities. ORGANIZATION agrees that should it fail to conduct any such inspection and/or fail to timely notify CITY of any defect or hazard identified, ORGANIZATION shall be solely responsible for any damage or injury, whether to persons or property, arising from the defect or hazard.
B. CITY shall have the right to enter the Subject Facilities utilized hereunder as needed. However, CITY’s exercise of the right to enter shall not create any duty on the part of CITY to inspect the Subject Facilities for defects or hazards under section A herein.
DocuSign Envelope ID: F2E220C8-5849-4FC6-9F33-AD18DEBD6AFE
IMPROVEMENTS
A. The removal, alteration, or addition to any facility or grounds must be approved and performed by CITY. This shall include any proposed changes that would alter the design or appearance of the existing landscape of the Subject Facilities. No trees, shrub, or ground covers shall be planted, trimmed or removed without written consent from CITY.
B. Any requests to modify or improve park fields and facilities shall be submitted for approval to the Parks & Recreation Services Division, at least sixty (60) days prior to the date of any proposed changes.
C. Assistance by ORGANIZATION, its agents, employees, or its participants with any such removal, alteration, addition, or painting shall be solely at the discretion and with prior written consent of CITY.
D. Nothing in this section shall be interpreted as prohibiting the normal maintenance of the facility by ORGANIZATION as specified herein.
E. All alterations and additions to the Subject Facilities or surrounding grounds shall be the property of CITY.
SIGNAGE
No signs shall be raised on the Subject Facilities described herein unless written approval is obtained from CITY. Such a request for approval shall be directed to the Parks & Recreation Services Division. No sponsor advertising sign shall be installed on buildings or grounds without the prior written consent of CITY. Banners/advertising may only be displayed during the season; however, banners displaying registration information, may be posted prior to the beginning of the season. Any banners that are damaged, vandalized, or outdated (dates have passed), must be removed by ORGANIZATION in a timely manner. Temporary reservation of parking spaces is allowed but must be monitored by ORGANIZATION. Any temporary signage must be neat, clean, and free of any wear and tear or vandalism.
DocuSign Envelope ID: F2E220C8-5849-4FC6-9F33-AD18DEBD6AFE ITEM # 17
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Gus Hernandez, Director of Parks & Recreation
SUBJECT: AMENDMENT NO.1 TO THE EXTENSION OF THE USE AGREEMENT
WITH NORWALK SANTA FE SPRINGS SAINTS YOUTH FOOTBALL
AND CHEER
DATE: February 17, 2026
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve Amendment No. 1 to the extension of the use agreement with Norwalk Santa Fe Springs Saints Youth Football and Cheer
2) Take such additional, related action that may be desirable.
FISCAL IMPACT
There is no direct fiscal impact associated with approval of this amendment.
BACKGROUND
The City of Santa Fe Springs partners with local youth sports organizations to provide structured recreational opportunities that promote physical activity, teamwork, and positive youth development. The Norwalk Santa Fe Springs Saints Football and Cheer organization operates youth football and cheer programs and has utilized City athletic fields and facilities under a Use Agreement approved in 2023. Throughout the term of the agreement, the City and the organization have maintained a positive working partnership that supports safe, organized, and well-managed youth programming.
The original Use Agreement expired on January 31, 2026. In order to formalize continued use of City facilities and avoid disruption to scheduled programming, staff is recommending approval of an extension and amendment to the agreement.
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 17, 2026 AMENDMENT NO.1 TO THE EXTENSION OF THE USE AGREEMENT WITH
NORWALK SANTA FE SPRINGS SAINTS YOUTH FOOTBALL AND CHEER
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
ANALYSIS
The proposed action extends the term of the existing Use Agreement for an additional one-year period, retroactively commencing on February 1, 2026 and terminating on January 31, 2027, unless earlier terminated in accordance with the provisions of the agreement. This extension allows the Norwalk Santa Fe Springs Saints Football and Cheer organization to continue authorized use of designated City athletic fields and facilities without interruption.
The agreement will continue to permit use of Santa Fe Springs Athletic Fields, Lakeview Park, and limited areas within Little Lake Park for concession, multi-purpose room, and storage purposes. Facility use will remain non-exclusive and subject to City scheduling, availability, and established facility use procedures.
Except as expressly amended to extend the term, all other terms, conditions, obligations, and provisions of the existing Use Agreement will remain unchanged and in full force and effect. This includes the organization’s responsibilities related to supervision of participants, conduct of activities, field preparation, cleanup following use, and compliance with City rules and operational requirements.
ENVIRONMENTAL
N/A
DISCUSSION
Approval of this amendment supports the continued delivery of youth football and cheer programming while ensuring City facilities are managed responsibly and in accordance with established policies. Maintaining a formal agreement allows staff to effectively coordinate scheduling, preserve facility conditions, and ensure accountability.
SUMMARY/NEXT STEPS
Upon City Council approval, staff will finalize and execute the extension and amendment, allowing the Norwalk Santa Fe Springs Saints Football and Cheer organization to continue programming through January 31, 2027.
ATTACHMENT(S):
A. Amendment No. 1 to Norwalk Saints Agreement
DEPARTMENT OF PARKS & RECREATION
2026
FIRST AMENDMENT TO USE AGREEMENT FOR ATHLETIC FIELDS & FACILITIES (Saints Youth Football and Cheer Sports Programing)
This First Amendment (“First Amendment”) to that certain agreement entitled “Use Agreement for Athletic Fields & Facilities” dated January 24, 2023 (“Agreement”), is hereby entered into this 31st day of January, 2026 (“Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation, hereinafter referred to as “CITY”), and NORWALK/SANTA FE SPRINGS SAINTS YOUTH FOOTBALL AND CHEER (hereinafter referred to as “ORGANIZATION”). This AGREEMENT shall take effect on the “EFFECTIVE DATE”. CITY and ORGANIZATION may be hereinafter individually referred to as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, on January 24, 2023, the CITY and ORGANIZATION entered into the Agreement (attached and incorporated hereto as Exhibit “A”) permitting ORGANIZATION’s use of certain CITY athletic fields and related facilities for football and cheer sports programing for the youth of the community, subject to the terms and conditions set forth in the Agreement; and
WHEREAS, the CITY and ORGANIZATION desire to extend the term of the Agreement for an additional one (1) year period to ensure continuity of programs and operations, and further desire to amend certain terms and conditions of the Agreement as set forth herein; and
WHEREAS, except as expressly modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, CITY and ORGANIZATION agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this First Amendment, in their entirety, by this reference.
2. Extension of Term. Section 1 (Term of Agreement) of the Agreement is hereby amended to extend the term of the Agreement for a period of one (1) year, commencing on February 1, 2026, and remaining in effect through January 31, 2027, unless earlier terminated in accordance with the provisions of the Agreement.
3. Waivers. Section 3 (Revocation) of the Agreement is hereby amended to add the following:
No delay or omission by either Party in the exercise of any right or remedy set forth in this Agreement shall impair such right or remedy or be constructed 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 Party’s consent to or approval of any subsequent act. Any waiver by any 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.
4. Governing Law and Venue. Section 8 (Governing Law) of the Agreement is hereby amended to add the following:
Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
5. Insurance. Section 10 (Insurance) of the Agreement is hereby deleted in its entirety and replaced with the following:
A. ORGANIZATION shall maintain insurance throughout the term of this Agreement in conformance with the requirements set forth below.
ORGANIZATION will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, ORGANIZATION agrees to amend, supplement or endorse the existing coverage to do so.
B. ORGANIZATION acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to ORGANIZATION in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
C. ORGANIZATION shall provide the following types and amounts of insurance:
i. Commercial General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance which shall be written on an occurrence form at least as broad as ISO CG 00 01, and include coverage for premises and operations, products and completed operations, independent contractors, vendors, personal injury, and contractual liability. The limits of ORGANIZATION’s insurance shall apply to this Agreement as if set forth herein, but in no event shall provide combined single limits of coverage of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage. Coverage shall be primary and noncontributory to any insurance or self-insurance maintained by the CITY, and shall contain a waiver of subrogation in favor of the CITY.
Amendments to contractual liability are not permitted. There shall be no cross-liability exclusion for claims or suits by one insured against another.
ii. Automobile Liability Insurance: Automobile Liability insurance covering owned, hired, non-owned, and rented vehicles, with a limit of not less than Five Million Dollars ($5,000,000) combined single limit per accident for bodily injury and property damage. iii. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits as required by the State of California, and Employer’s Liability limits of not less than One Million Dollars ($1,000,000) per accident, disease, or employee. Coverage shall include a waiver of subrogation endorsement in favor of the CITY and its officers, officials, employees, and volunteers. iv. Sexual Abuse and Molestation Coverage: ORGANIZATION shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.
D. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M.
Best’s rating of A- or better and a minimum financial size VII, and shall comply with the following:
E. ORGANIZATION agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insured CITY, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992 or similarly worded endorsement.
ORGANIZATION also agrees to require all contractors, and subcontractors to do likewise.
F. No liability insurance coverage provided to comply with this Agreement shall prohibit ORGANIZATION, or ORGANIZATION‘s employees, or agents, from waiving the right of subrogation prior to a loss. ORGANIZATION agrees to waive subrogation rights against CITY regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
G. All insurance coverage and limits provided by ORGANIZATION and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of such insurance coverage.
H. Umbrella or Excess Liability insurance may be used to meet the aboverequired liability limits.
I. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
J. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
K. All coverage types and limits required are subject to approval, modification and additional requirements by CITY, at its sole election. ORGANIZATION shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect CITY’s protection without CITY’s prior written consent.
L. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to ORGANIZATION’s general liability policy, shall be delivered to CITY at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, CITY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium or otherwise terminate this Agreement. Any premium so paid by CITY shall be charged to and promptly paid by ORGANIZATION or deducted from sums due ORGANIZATION, at CITY’s sole election.
M. Certificate(s) are to reflect that the insurer will provide 30-days written notice to CITY of any cancellation of coverage. ORGANIZATION agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “attempt” (as opposed to being required) to comply with the requirements of the certificate.
N. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by ORGANIZATION or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to CITY.
ORGANIZATION shall ensure that each policy of insurance required herein reflects this Agreement and is written into each policy.
O. ORGANIZATION agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by ORGANIZATION, provide the same minimum insurance coverage required of ORGANIZATION. ORGANIZATION agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
P. ORGANIZATION agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein. If ORGANIZATION’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to CITY.
At that time CITY shall review options with ORGANIZATION, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. To the extent CITY agrees to any deductible or self-insured retention under any policy required under this Agreement to which CITY is named as an additional insured, ORGANIZATION shall be required to modify the policy to permit CITY to satisfy the deductible or self-insured retention in the event ORGANIZATION is unable or unwilling to do so as a means to ensure CITY can avail itself to the coverage provided under each policy.
Q. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving ORGANIZATION ninety (90) days advance written notice of such change. If such change results in substantial additional cost to ORGANIZATION, CITY will negotiate additional compensation proportional to the increased benefit to CITY.
R. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
S. ORGANIZATION acknowledges and agrees that any actual or alleged failure on the part of CITY to inform ORGANIZATION of non-compliance with any insurance requirement in no way imposes any additional obligations on CITY nor does it waive any rights hereunder in this or any other regard.
T. ORGANIZATION will renew the required coverage annually as long as CITY, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until CITY executes a written statement to that effect.
U. ORGANIZATION shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage and upon the same terms and conditions herein. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from ORGANIZATION’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to CITY within five days of the expiration of the coverage.
V. Requirements of specific coverage features or limits contained in this Section are not intended as limitations on coverage, limits or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
W. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
X. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
Y. ORGANIZATION agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge CITY or ORGANIZATION for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto.
Z. ORGANIZATION agrees to provide immediate notice to CITY of any claim or loss against ORGANIZATION arising out of the work performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
6. Indemnification. Section 11 (Indemnification) of the Agreement is hereby amended to add the following:
ORGANIZATION waives any right of recovery against CITY, its City Council, each member thereof, present and future, members of boards and commissions, its officers, officials, agents, employees and volunteers for indemnification, contribution, or declaratory relief arising from or relating in any way to ORGANIZATION’S use of the SUBJECT FACILITIES. Notwithstanding anything to the contrary in this Agreement, the obligations and responsibilities under this Section shall survive the expiration or termination of this Agreement.
7. Independent Contractor. Section 13 (Independent Contractor) is hereby deleted in its entirety and replaced with the following:
Neither the CITY nor its City Council, each member thereof, present and future, members of boards and commissions, its officers, officials, agents, employees or volunteers shall have any control over the manner, mode or means by which ORGANIZATION, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. The CITY shall have no voice in the selection, discharge, supervision or control of ORGANIZATION’s employees, subcontractors, servants, representatives, volunteers or agents, or in fixing their number, compensation or hours of service, except for the requirement that ORGANIZATION shall conduct background checks when any of their personnel will supervise or have direct contact with youth (under the age of 18) or vulnerable adults pursuant to Section 8 of this Agreement. ORGANIZATION expressly acknowledges and agrees it is acting as an independent contractor of the CITY and shall remain at all times as to the CITY a wholly independent contractor with only such obligations as are consistent with that role.
ORGANIZATION shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a partner of ORGANIZATION in its business or otherwise or a joint venture or a member of any joint enterprise with ORGANIZATION.
8. Severability. The Agreement is hereby amended to add an additional Section 18 (Severability) as follows:
Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.
9. Criminal Background Checks. Section E of Exhibit “C” (Organization’s Responsibilities) to the Agreement is hereby amended to add the following:
ORGANIZATION shall complete LiveScan fingerprinting background checks on all ORGANIZATION personnel, including employees, subcontractors, and volunteers.
When the activities involve participation by minors, ORGANIZATION shall not hire an employee, contractor, or volunteer with a history of criminal convictions as specified in California Public Resources Code Section 5164(a)(2).
ORGANIZATION shall comply with all applicable state laws governing services provided by youth services organizations.
10. Except as expressly amended by this First Amendment, all other terms, conditions, obligations, and provisions of the Agreement shall remain unchanged and in full force and effect. This First Amendment shall be deemed a part of the Agreement and, together with the Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and therein.
11. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Agreement and no further.
12. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. This First Amendment shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue shall be in the Central District of California located in the City of Los Angeles, California.
14. The individuals executing this First Amendment and the instruments referenced herein on behalf of the Parties each represent and warrant that they have the legal power, right, and actual authority to bind the Parties, respectively, to the terms and conditions hereof and thereof.
15. This First Amendment may be executed by the Parties in multiple counterpart originals, all of which together shall constitute a single Agreement.
16. The Parties agree that this First Amendment and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this First Amendment or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the Effective Date.
CITY:
CITY OF SANTA FE SPRINGS
____________________________________
Joe Angel Zamora, Mayor
Date: ___________________________
ATTEST
____________________________________
Maribel Garcia, City Clerk
APPROVED AS TO FORM
____________________________________
Rick Olivarez, City Attorney
ORGANIZATION:
NORWALK/SANTA FE SPRINGS
SAINTS YOUTH FOOTBALL AND
CHEER
____________________________________
Babetta Almaraz, President
Date: ___________________________
Exhibit “A”
(Use Agreement for Athletic Fields & Facilities on Following Pages)
COMMUNITY SERVICES DEPARTMENT
PARKS & RECREATION SERVICES DIVISION
USE AGREEMENT FOR AT HLETIC FIELDS & FACILITIES
THIS AGREEMENT is made and entered into this ___ day of ________, 2023 (“Effective Date”), by and between the CITY OF SANTA FE SPRINGS, a California municipal corporation (hereinafter referred to as “CITY”) and NORWALK/SANTA FE SPRINGS SAINTS FOOTBALL AND CHEER, (hereinafter referred to as "ORGANIZATION”).
RECITALS:
A. It is CITY's desire to serve the public interest of the community by providing a program of organized youth sports; and
B. It is the CITY’s desire to partner with a youth sports non-profit organization that has an “Everyone Plays” philosophy where registration is open and non-exclusive to any youth in the community; and
C. The goal and purpose of ORGANIZATION is to provide a football and cheerleading program to the youth of the community.
D. In consideration of the mutual covenants and conditions contained herein, the parties do hereby agree as follows:
1. TERM OF AGREEMENT
This AGREEMENT shall remain in effect through January 31, 2026, unless terminated earlier at any time by either party giving to the other party at least thirty (30) days written notice of termination. The term of this AGREEMENT may be extended for up to two additional one-year periods upon mutual agreement of the parties.
2. USE OF PREMISES
A. CITY grants ORGANIZATION the right to use the following locations (“Subject Facilities”), subject to the terms and conditions of this Agreement:
Little Lake Park, located at 10900 Pioneer Boulevard, limited to the use of the food & beverage concession area (including snack bar & kitchen), and the adjoining multi-purpose room and storage room.
Santa Fe Springs Athletic Fields, located at 10068 Pioneer Boulevard in Santa Fe Springs,
24th January
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The field at Lakeview Park, located at 10225 Jersey Avenue in Santa Fe Springs.
B. Use of the Subject Facilities is subject to the procedures, rules, and requirements set forth in the following exhibits attached to this AGREEMENT and incorporated herein by this reference:
Exhibit A: Facility Use Procedures and Rules
Exhibit B: Facility Use Requirements
Exhibit C: Organization’s Responsibilities
Exhibit D: Maintenance, Inspection, Improvements, and Signage These procedures, rules, and requirements are subject to revision from time to time by the CITY. CITY shall provide a copy of any revised exhibits to ORGANIZATION and such revised exhibit shall govern and replace the attached and be incorporated herein.
C. ORGANIZATION shall not permit the Subject Facilities or any part thereof to be used for:
1. The conduct of any offensive, noisy or dangerous activity.
2. The creation or maintenance of a public nuisance.
3. Anything which fails to comply with public regulations or rules of any public authority at any time, applicable to the Subject Facility; or
4. Any purpose or in any manner which will obstruct, interfere with or infringe upon the rights of the residents of adjoining properties.
3. REVOCATION
Any violation of this AGREEMENT by ORGANIZATION and/or any league run by ORGANIZATION using the Subject Facilities, may result in the immediate loss of use of the Subject Facilities. ORGANIZATION is responsible for payment of all costs and damages incurred by CITY relating to ORGANIZATION’s failure to adhere to the terms of this AGREEMENT.
4. LEGAL COMPLIANCE
ORGANIZATION shall keep itself informed of City, State and Federal Laws, ordinances and regulations, which in any manner affect the performance of its activities pursuant to this AGREEMENT. ORGANIZATION shall at all times observe and comply with all such laws, ordinances and regulations. Neither CITY, nor its officers, volunteers, attorneys, agents or employees shall be liable at law or in equity as a result of ORGANIZATION's failure to comply with this section.
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5. NO EXCLUSIVE RIGHT; NO TRANSFERABILITY
This AGREEMENT does not give the ORGANIZATION any right to the exclusive use of the Subject Facilities, restrooms, or any other public facility. ORGANIZATION agrees that the rights herein granted shall not be assigned to or transferable to any persons, teams, organizations, or leagues.
All alterations and additions to the Subject Facilities or surrounding grounds shall become the property of CITY. Nothing contained in this paragraph shall authorize ORGANIZATION to make or place any alterations, changes or improvements on the Subject Facilities without the prior written consent of CITY.
6. NOTICE
All notices respecting this AGREEMENT shall be served by certified mail, postage prepaid, addressed as follows:
To CITY:
To ORGANIZATION:
City of Santa Fe Springs
Community Services Department
Attention: Director of Community
Services 9255 S. Pioneer Boulevard
Santa Fe Springs, CA 90670
Norwalk/Santa Fe Springs Saints
Football and Cheer
Attention: President, Babetta Almarez
P.O. Box 2521
Santa Fe Springs, CA 90670
Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Service.
7. ATTORNEYS FEES
Should any litigation or other legal action be commenced between the parties hereto to interpret or enforce the provisions of this AGREEMENT, in addition to any other relief to which the party may be entitled in law or equity, the prevailing party in such litigation or legal action shall be entitled to recover costs of suit and reasonable attorney's fees.
8. GOVERNING LAW
This AGREEMENT will be governed by and constructed in accordance with the laws of the State of California.
9. ASSIGNMENT
Neither this AGREEMENT nor any duties, rights or obligations under this AGREEMENT may be assigned by ORGANIZATION, either voluntarily or by operation of law without the express written consent of CITY.
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10. INSURANCE
A. ORGANIZATION shall maintain insurance throughout the term of this Agreement in conformance with the requirements set forth below. ORGANIZATION will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, ORGANIZATION agrees to amend, supplement or endorse the existing coverage to do so.
B. ORGANIZATION acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required ($2 million). Any insurance proceeds available to ORGANIZATION in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.
C. ORGANIZATION shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance including coverage for premises, products and completed operations, independent contractors/vendors, personal injury and contractual obligations.
The limits of ORGANIZATION’s insurance shall apply to this Agreement as if set forth herein, but in no event shall provide combined single limits of coverage of not less than $2,000,000 per occurrence, $4,000,000 general aggregate. There shall be no cross liability exclusion for claims or suits by one insured against another.
D. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best’s rating of A- or better and a minimum financial size VII, and shall comply with the following:
1. ORGANIZATION agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured CITY, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992 or similarly worded endorsement. ORGANIZATION also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this AGREEMENT shall prohibit ORGANIZATION, or ORGANIZATION‘s employees, or agents, from waiving the right of subrogation prior to a loss. ORGANIZATION agrees to waive subrogation rights against CITY regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this AGREEMENT are intended to apply to the full extent of the policies. Nothing contained in this AGREEMENT or any other agreement relating to CITY or its operations limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
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5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. ORGANIZATION shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY’s protection without CITY’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to ORGANIZATION’s general liability policy, shall be delivered to CITY at or prior to the execution of this AGREEMENT. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, CITY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by CITY shall be charged to and promptly paid by ORGANIZATION or deducted from sums due ORGANIZATION, at CITY option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to CITY of any cancellation of coverage. ORGANIZATION agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “attempt” (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this AGREEMENT that all insurance coverage required to be provided by ORGANIZATION or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or selfinsurance available to CITY. ORGANIZATION shall ensure that each policy of insurance required herein reflects this AGREEMENT and is written into each policy.
10.ORGANIZATION agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by ORGANIZATION, provide the same minimum insurance coverage required of ORGANIZATION. ORGANIZATION agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
11.ORGANIZATION agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein. If ORGANIZATION’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to CITY. At that time CITY shall review options with ORGANIZATION, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. To the extent CITY agrees to any deductible or self-insured retention under any policy required under this AGREEMENT to which CITY is named as an additional insured, ORGANIZATION shall be required to modify the policy to permit CITY to satisfy the deductible or selfDocuSign Envelope ID: 6D52FF3A-5DA6-41F4-B32C-98F239F80774
insured retention in the event ORGANIZATION is unable or unwilling to do so as a means to ensure CITY can avail itself to the coverage provided under each policy.
12.CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving ORGANIZATION ninety (90) days advance written notice of such change. If such change results in substantial additional cost to ORGANIZATION, CITY will negotiate additional compensation proportional to the increased benefit to CITY.
13.For purposes of applying insurance coverage only, this AGREEMENT will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this AGREEMENT.
14.ORGANIZATION acknowledges and agrees that any actual or alleged failure on the part of CITY to inform ORGANIZATION of non-compliance with any insurance requirement in no way imposes any additional obligations on CITY nor does it waive any rights hereunder in this or any other regard.
15.ORGANIZATION will renew the required coverage annually as long as CITY, or its employees or agents face an exposure from operations of any type pursuant to this AGREEMENT. This obligation applies whether or not the AGREEMENT is canceled or terminated for any reason. Termination of this obligation is not effective until CITY executes a written statement to that effect.
16.ORGANIZATION shall provide proof that policies of insurance required herein expiring during the term of this AGREEMENT have been renewed or replaced with other policies providing at least the same coverage and upon the same terms and conditions herein. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from ORGANIZATION’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to CITY within five days of the expiration of the coverage.
17.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
18.These insurance requirements are intended to be separate and distinct from any other provision in this AGREEMENT and are intended by the parties here to be interpreted as such.
19.The requirements in this Section supersede all other sections and provisions of this AGREEMENT to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
20.ORGANIZATION agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge CITY or DocuSign Envelope ID: 6D52FF3A-5DA6-41F4-B32C-98F239F80774
ORGANIZATION for the cost of additional insurance coverage required by this AGREEMENT. Any such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto.
E. ORGANIZATION agrees to provide immediate notice to CITY of any claim or loss against ORGANIZATION arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. INDEMNIFICATION
ORGANIZATION shall indemnify, defend, and hold harmless CITY, its City Council, each member thereof, present and future, members of boards and commissions, its officers, agents, employees and volunteers from and against any and all liability, claims, allegations, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, economic loss, death, illness, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. ORGANIZATION’s obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from or relating in any way to ORGANIZATION’S use of the Subject Facilities. It is further agreed, ORGANIZATION’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent active or passive negligence on the part of CITY, its City Council, each member thereof, present and future, or its officers, agents and employees, except for liability resulting from the sole negligence or willful misconduct of CITY, its officers, employees or agents relating to ORGANIZATION’s use of the Subject Facility under this AGREEMENT. In the event CITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the use encompassed by this AGREEMENT, and upon demand by CITY, ORGANIZATION shall have an immediate duty to defend CITY at ORGANIZATION’s cost or at CITY’s option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters.
12. ACKNOWLEDGEMENT RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is understood to be extremely contagious and is believed to be spread from person-to-person contact and contaminated surfaces/objects.
People reportedly can become infected and show no symptoms and therefore, spread the disease. Evidence has shown that COVID-19 can cause serious and potentially lifethreatening illness and even death. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
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The CITY has put in place preventative measures to reduce the spread of COVID-19; however, the CITY cannot guarantee that participants will not become exposed to or infected with COVID-19 while participating in activities in an CITY park or CITY facility.
Further, participating in said activities may increase a person’s risk and of contracting COVID-19.
By signing the agreement, the ORGANIZATION acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk of exposure to or infection by COVID-19 by its use of the Specific Facilities, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. The ORGANIZATION further agrees and acknowledges that the Indemnification obligations set forth in Section 11 shall apply to any COVID-19 related liability, claims, allegations, damages and expenses.
13. INDEPENDENT CONTRACTOR
Volunteer administrators, volunteer coaches, parents, contractors, employees and/or officers and directors of ORGANIZATION shall not be deemed to be employees or agents of CITY as a result of the performance of this AGREEMENT.
14. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all agreements, either oral or written, between the parties hereto with respect to the use of the Subject Facility by ORGANIZATION and contains all of the covenants and conditions between the parties with respect to the use of the Subject Facility. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this AGREEMENT has been made by the parties. Unless otherwise provided in this AGREEMENT, modification of this AGREEMENT can only be made in writing, signed by both parties to this AGREEMENT.
15. COUNTERPARTS
This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
16. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this AGREEMENT on behalf of the parties warrants and represents that they have the authority to execute this AGREEMENT on behalf of said parties and has the authority to bind the parties to the provisions of this AGREEMENT.
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17. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this AGREEMENT by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
[If ORGANIZATION is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]
NORWALK AND SANTA FE SPRINGS SAINTS FOOTBALL AND CHEER
By:
(Signature)
(Print Name)
(Title)
By:
(Signature)
(Print Name)
(Title)
CITY OF SANTA FE SPRINGS
Juanita Martin
Mayor
ATTEST:
Janet Martinez, CMC
City Clerk
APPROVED AS TO FORM:
Ivy M. Tsai
City Attorney
Babetta Almaraz
President
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EXHIBIT A – FACILITY USE PROCEDURES AND RULES
1. Permits for Athletic Fields are issued to the general public six (6) months prior to the allocation period. The allocation periods are as follows:
• July-December: Permits issued in January of same year • January-June: Permits issued in July of previous year
2. The CITY recognizes that schedules may not be completed six (6) months in advance; therefore, it is the ORAGANIZATION'S responsibility to inform the CITY of general use dates six (6) months in advance. (i.e., Sundays beginning in August through December).
3. The ORGANIZATION must then submit a Facility Use Application for Athletic Fields to the PRS Division, no less than six (6) weeks prior to the first date requested. Once the dates are determined, a permit will be issued.
4. Business Days are considered Monday through Thursday, 9 a.m. to 8 p.m., and Friday, 9 a.m. to 5 p.m.
5. A Cancellation is defined as when a permit is issued for the field and the ORGANIZATION contacts the CITY informing them that the permit for a day is no longer needed. Cancellations must be made no less than seventy-two (72) hours in advance.
6. A Schedule Adjustment is defined as when a permit is issued, and the ORGANIZATION is requesting a longer or shorter hours of duration. Schedule adjustments must be made no less than five (5) business days in advance.
7. A No-Show for Permit is defined as when a permit is issued and the ORGANIZATION fails to show, and organized games/practices are not held on the said field, and the ORGANIZATION fails to notify the CITY a minimum of seventy-two (72) hours in advance. After the 3rd no-show, and any no-show thereafter, the ORGANIZATION will be charged a penalty $10 per field per day, to be billed monthly at the conclusion of the month and within 30 days.
8. The ORGANIZATION must submit a Facility Use Application for Athletic Fields to the Parks and Recreation Services Division, no less than two (2) weeks prior to the first date requested. Dates and times are subject to availability. Once the dates are determined, a permit will be issued.
9. All schedule changes shall be City approved and made by the ORGANIZATION by email to City's Parks and Recreation Services Division by the Wednesday of the previous permit week by the designated ORGANIZATION contact person. In the event of a non-cancelled scheduled use involving lights, the ORGANIZATION shall be billed for the full amount of the light cost for the scheduled time period.
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10.The ORGANIZATION is responsible for staffing costs at a rate of $30 per hour for any request for the use of fields and facilities that are not specifically outlined in the permit.
11.ORGANIZATION agrees to follow all local, county, and State health guidelines for indoor and outdoor youth sports activities, to help stop the spread of illnesses, viruses, and communicable diseases.
12.For opening/closing day ceremonies, CITY will provide two (2) canopies, a 2- speaker PA system that includes a microphone, twenty-four (24) chairs, US/CA flag, and a podium.
13.ORANIZATION will have a one-time use of a City facility (subject to availability) for a fundraising event. Facility use fees for said facility and deposit will be waived. If the fundraising event will require alcohol, the event must be 21 years and older, and the security fees will be charged. The ORGANIZATION is responsible for the cost of any damage to the facility, and must comply with the policies of the facility.
Reservations of facility may be made up to one (1) year in advance.
14.With the City's prior approval, ORGANIZATION will be able to host fundraiser tournaments. ORGANIZATION will be responsible for City staffing fees, at a rate of $30 per hour that will be covered by the money raised. ORGANIZATION will be responsible for maintenance of facilities. Additionally, ORGANIZATION will be responsible for the field prep fees.
15.Requests for Sunday use, except when fall season is regularly played on Sundays, which is outside of traditional use, must be made a minimum of two (2) weeks in advance and is subject to availability. ORGANIZATION is responsible for staffing fees at a rate of $30 per hour.
16.Closure of Fields - Fields may be scheduled for closure and rehabilitation to allow for recovery due to heavy usage. The dates and times of closure to be determined by both the Community Services and Public Works Departments.
17.There will be no use of CITY athletic fields when facilities are unplayable due to rain or other conditions. Public Works staff will determine whether fields can be used after rain.
18.Any damages to the Subject Facilities or appurtenant CITY facilities caused by ORGANIZATION or its use of the Subject Facilities, or damages to CITY equipment, will be ORGANIZATION's responsibility to replace or repair. In the event ORGANIZATION fails or refuses to replace or repair damage, CITY may cause such replacement and/or repair to be undertaken and ORGANIZATION agrees to reimburse CITY for the costs incurred to do so.
19.CITY will not provide keys and/or alarms to ORGANIZATION. CITY will assign City staff during season hours, who will supervise facilities and grant facility access to ORGANIZATION.
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20.Vehicles are not allowed on a park without advance written approval by the Community Services Department. Vehicles must follow all posted signs, rules and regulations, including, but not limited to, parking restrictions (red zones, staff parking, accessible parking). Temporary reservation of parking spaces is allowed, but must be monitored by ORGANIZATION. Any temporary signage must be neat, clean, and free of any wear and tear or vandalism.
21.No power vehicles/equipment other than City operated are permitted on the fields.
22.Vehicles are not allowed on a park without advance written approval by the Community Services Department. Vehicles must follow all posted signs, rules and regulations, including, but not limited to, parking restrictions (red zones, staff parking, accessible parking). Temporary reservation of parking spaces is allowed, but must be monitored by ORGANIZATION. Any temporary signage must be neat, clean, and free of any wear and tear or vandalism.
23.City will not be held responsible for loss, damage or theft of equipment or personal articles owned, leased or rented by the ORGANIZATION and stored on City property.
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EXHIBIT B – FACILITY USE REQUIREMENTS
CITY must receive the following in order for ORGANIZATION to begin using the Subject Facilities:
A. Facility Rental Application(s)
B. Payment in the amount of $2,000 for per calendar year (amount does not include field usage outside of the approved dates on permit, penalty fees, or fees incurred from facility rentals) is due six (6) weeks after the commencement of the season.
C. 501(c)(3) designation from the I.R.S. or a nonprofit designation of good/active standing from the California Franchise Tax Board and/or the California Secretary of State.
D. Complete list of names, addresses and telephone numbers of the current Board of Directors or other responsible persons of ORGANIZATION.
E. Name and contact information of ORGANIZATION’s liaison or designee who will work directly with designated City staff. All correspondence will be made through liaison. Requests made by any other member of the organization will not be honored until confirmation has been received by liaison or designee.
F. Master calendar of events to include:
Practice dates & times (including team/coach name)
Game dates & times (including team names)
Meetings dates & times (meeting dates to include board meetings, umpire clinics, president's meetings, parent meetings, coach meetings, team parent meetings, etc.)
Opening Day/Closing Ceremony dates & times
Picture dates & times
G. Additional dates for the following must be submitted no less than six (6) weeks prior to the date (subject to facility availability):
Tournaments
All-star team practices or games
Special events (movie nights, trunk-or-treats, fundraising events) H. One copy of the Certificate of Insurance ($2 million liability) listing CITY as an additional insured and a copy of the policy endorsement including verbiage verifying CITY is named as an additional insured.
I. Semi-annual financial statement for periods ending June 30th and December 31st. (CITY may request additional documents in support of the financial statement.)
J. A roster identifying the city of residence of each player.
The above requested documents must be submitted at least two (2) weeks prior to use (unless specified otherwise above). If the documents are not submitted in a timely fashion, CITY may withhold use of the Subject Facilities.
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EXHIBIT C - ORGANIZATION’S RESPONSIBILITIES
A. ORGANIZATION must obtain and provide proof of required health permits to operate and handle food from concession stand/kitchen.
B. ORGANIZATION shall follow all local, county, and State health guidelines for indoor and outdoor youth sports activities, to help stop the spread of illnesses, viruses, and communicable diseases.
C. ORGANIZATION is responsible for regulating the conduct of its board members, coaches, players, and parents while using the Subject Facilities.
D. No power vehicles/equipment other than City operated are permitted on the field E. ORGANIZATION agrees that in order to ensure a safe sports program and to protect participants, the ORGANIZATION will conduct criminal background checks at the ORGANIZATION’S expense on all volunteers, 18 years and older, who will be in a position to supervise youth under 18 years of age or vulnerable adults.
ORGANIZATION also agrees that failure of an individual to submit to a required criminal background check will result in prohibiting said individual from coaching and/or supervising children or vulnerable adults. ORGANIZATION agrees to make every effort to prevent an individual with a history of dangerous criminal behavior from having contact with children or vulnerable adults who are participating in the League.
F. Any documents, photo copies, or scans, must be done on ORGANIZATION equipment and at the ORGANIZATION'S expense.
G. Any organization mail shall be made to the ORGANIZATION'S PO Box, or headquarter mailing address that is not a City address.
H. ORGANIZATION shall provide the personnel necessary to supervise and conduct the activities as set forth in this AGREEMENT at the Subject Facilities, and shall furnish and supply any and all equipment and material, which may be necessary for such activities conducted at the Subject Facilities. Athletic Field Lining and Marking must be done with prior written approval of CITY.
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EXHIBIT D – MAINTENANCE, INSPECTION, IMPROVEMENTS, AND SIGNAGE
MAINTENANCE
A. ORGANIZATION shall be responsible for all damages or injury to property or equipment caused by ORGANIZATION, its agents, employees, volunteers, participants and/or any other individual at the Subject Facilities during ORGANIZATION’s use of the Subject Facilities.
B. All maintenance such as field preparation to include lining of the fields, marking of the fields and setup of temporary equipment will be performed by ORGANIZATION.
C. ORGANIZATION is responsible for the facility being free of trash and/or debris caused by group usage upon conclusion of each day's use.
D. ORGANIZATION is responsible for the daily maintenance and cleaning of the storage area, office, and concession area (including snack bar & kitchen).
E. ORGANIZATION is required to report any damage to persons or property or acts of vandalism to CITY immediately. Any equipment that is owned by ORGANIZATION shall be maintained by the ORGANIZATION at the ORGANIZATION'S expense. Any equipment that is owned by the CITY shall be maintained by the CITY.
F. ORGANIZATION is required to leave the concession area (including snack bar & kitchen) neat and clean upon the conclusion of the season in preparation for turnover to any other sports organization or CITY.
INSPECTION
A. ORGANIZATION and CITY shall conduct a joint safety walk to inspect the Subject Facilities prior to each use by ORGANIZATION to ensure that it is free from any defects and/or hazards that may pose a danger to participants, spectators and/or any other person who is at the Subject Facilities as part of ORGANIZATION’s use of the Subject Facilities. ORGANIZATION shall immediately notify CITY of any defect or hazard identified so that CITY has sufficient time to warn of the defect or hazard and/or remediate the defect or hazard prior to ORGANIZATION’s use of the Subject Facilities. ORGANIZATION agrees that should it fail to conduct any such inspection and/or fail to timely notify CITY of any defect or hazard identified, ORGANIZATION shall be solely responsible for any damage or injury, whether to persons or property, arising from the defect or hazard.
B. CITY shall have the right to enter the Subject Facilities utilized hereunder as needed. However, CITY’s exercise of the right to enter shall not create any duty on the part of CITY to inspect the Subject Facilities for defects or hazards under section A herein.
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IMPROVEMENTS
A. The removal, alteration, or addition to any facility or grounds must be approved and performed by CITY. This shall include any proposed changes that would alter the design or appearance of the existing landscape of the Subject Facilities. No trees, shrub, or ground covers shall be planted, trimmed or removed without written consent from CITY.
B. Any requests to modify or improve park fields and facilities shall be submitted for approval to the Parks & Recreation Services Division, at least sixty (60) days prior to the date of any proposed changes.
C. Assistance by ORGANIZATION, its agents, employees, or its participants with any such removal, alteration, addition, or painting shall be solely at the discretion and with prior written consent of CITY.
D. Nothing in this section shall be interpreted as prohibiting the normal maintenance of the facility by ORGANIZATION as specified herein.
E. All alterations and additions to the Subject Facilities or surrounding grounds shall be the property of CITY.
SIGNAGE
No signs shall be raised on the Subject Facilities described herein unless written approval is obtained from CITY. Such a request for approval shall be directed to the Parks & Recreation Services Division. No sponsor advertising sign shall be installed on buildings or grounds without the prior written consent of CITY. Banners/advertising may only be displayed during the season; however, banners displaying registration information, may be posted prior to the beginning of the season. Any banners that are damaged, vandalized, or outdated (dates have passed), must be removed by ORGANIZATION in a timely manner. Temporary reservation of parking spaces is allowed but must be monitored by ORGANIZATION. Any temporary signage must be neat, clean, and free of any wear and tear or vandalism.
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