Agenda Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services W
Nick Johnson, Community Services Supervisor M,WVr tT
FOR: City Council Meeting of January 24, 2022
SUBJECT: Facility Use Agreement between the City of Yucaipa and Yucaipa Valley National Little League
RECOMMENDATION:
That City Council:
1. Approve and authorize the City Manager to execute a Facility Use Agreement between the City of Yucaipa and Yucaipa Valley National Little League (YVNLL); and
2. Authorize the City Manager or his designee to administer the terms of the Agreement.
DISCUSSION:
The proposed Facility Use Agreement (Agreement), presented for Council's review and approval, identifies several City of Yucaipa (City) and Yucaipa-Calimesa Joint Unified School District (District) owned facilities that are being used by YVNLL and clarifies operational procedures relative to that use during non -school hours. Staff will continue to coordinate and schedule YVNLL's use of City and District sports fields, as well as maintain, operate, collect fees, and pay for field lights.
The current Agreement between the City and YVNLL expired on December 31, 2021, which coincides with the season of play. The proposed Agreement shall commence on January 25, 2022 and expire on January 10, 2023.
YVNLL's Agreement was inadvertently omitted from the Facility Use Agreements report which was presented to City Council on January 10, 2022.
FISCAL IMPACT:
Pursuant to the Agreement, YVNLL shall collect the Facility Maintenance Fee from each participant and submit payment to the City for the 2022 calendar year. The fee is used to provide heavy maintenance and light improvements to the facilities used.
Attachment by Reference:
The following documents are on file in the City Clerk's Office:
R! :
Yucaipa Valley National Little League Facility Use Agreement Approved by:
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Attachment A
AMENDMENT #7
TO THE DEVELOPMENT AND OPERATIONS AGREEMENT
FOR THE USE OF THE 13TH STREET SPORTS COMPLEX
AND OTHER CITY OF YUCAIPA AND YUCAIPA-CALIMESA JOINT UNIFIED
SCHOOL DISTRICT FACILITIES
BETWEEN THE CITY OF YUCAIPA AND
YUCAIPA VALLEY NATIONAL LITTLE LEAGUE
This Amendment #7 (AMENDMENT) is made and entered into this 24th day of January, 2022 by and between the City of Yucaipa (CITY), a municipal corporation and Yucaipa Valley National Little League (YVNLL), a non-profit corporation and is an amendment to the existing Development and Operations Agreement of 13th Street Sports Complex between the CITY and YVNLL, dated March 26, 2012 (AGREEMENT) as previously amended by Amendment No. 6 on January 19, 2021.
RECITALS
A. CITY and YVNLL are parties to the AGREEMENT, whereby CITY granted YVNLL a license to develop and maintain a portion of the CITY's 131h Street Sports Complex on real property located east of Sand Canyon Road, immediately south of Chapman Heights Road, west of 13th Street, north of Yucaipa Boulevard, and adjacent to the City of Yucaipa Skate Board Park, in the City of Yucaipa, County of San Bernardino, and legally described in Exhibit C to the AGREEMENT (PREMISES), and to use the PREMISES for recreational baseball league (PROGRAM).
B. The original AGREEMENT provides for an initial term of twenty (20) years, commencing April 1, 2012 and expiring on March 28, 2032, unless sooner terminated as provided in the AGREEMENT.
C. CITY and YVNLL wish to further amend the AGREEMENT to, in effect, extend the applicability of the amendments made by Amendment No. 6, with certain revisions, for the period from January 25, 2022 through January 10, 2023.
D. The CITY is the owner of the 131h Street Sports Complex and the 7th Street Baseball Field, located at 12379 7th Street. The Yucaipa Calimesa Joint Unified School District (YCJUSD) is the owner of various elementary school facilities located in the City of Yucaipa. All CITY and YCJUSD facilities will collectively be referred to hereinafter as "FACILITIES." E. The CITY and the YCJUSD are parties to a Joint Use Agreement for the operation of recreational and athletic programs and activities at certain FACILITIES.
F. The CITY and YVNLL may hereinafter referred to individual as (PARTY) and collectively as (PARTIES).
G. The CITY is allowing YVNLL to use the FACILITIES for its PROGRAM, subject to YVNLL's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules, regulations, policies, federal, and state laws.
Updated: P18,22
YVNLL Agreement Amendment 7 - 2022
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H. YVNLL's use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YVNLL's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree to amend the AGREEMENT as follows:
Sections I through XI, inclusive, are hereby added to the AGREEMENT to read as follows:
Section I. Term, Effective Date, and Expiration Date.
This AMENDMENT shall commence on January 25, 2022 (EFFECTIVE DATE), and expire on January 10, 2023 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AMENDMENT.
Section II. YCJUSD Approval for Use of YCJUSD FACILITIES YVNLL's use of the YCJUSD FACILITIES shall be subject to the following requirements:
1. Following the EFFECTIVE DATE, YVNLL may submit applications for Use of School Facilities to the YCJUSD for its PROGRAM.
2. This AMENDMENT does not constitute approval by the City of YVNLL's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.
3. YVNLL shall be solely responsible for complying with any and all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by the YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AMENDMENT.
Section III. FACILITIES Fee and Charges.
1. Facility Enhancement Fee. During the term of this AGREEMENT, from January 25, 2022 to January 10, 2023, YVNLL shall be responsible for the collection and payment of the Facility Enhancement Fee of $5.50 per participant who resides in the CITY and the Facility Enhancement Fee of $7.25 for each non-resident participant, for use of the FACILITIES.
YVNLL shall collect the Facility Enhancement Fee from each participant, and shall submit payment to the CITY by May 31, 2022 (Spring) and by October 31, 2022 (Fall).
2. The fees will be deposited in to a CITY account and designated for repairs, maintenance and upgrades to the following FACILITIES:
• 7tn Street Baseball Field (City of Yucaipa)
• 13th Street Sports Complex (City of Yucaipa)
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• Misc. School Fields
(YCJUSD)
The facilities identified above will be reviewed each year and identified in the yearly AMENDMENT.
Representatives from the CITY and YVNLL will meet annually to prioritize the list of enhancements that are agreed upon by both PARTIES and that are to be completed.
3. All fees and charges imposed under this AMENDMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the Yucaipa City Council.
4. All payments shall be made by cash, credit card, or check payable to the City of Yucaipa.
5. Use of any other CITY facility shall be subject to the CITY's standard fees and charges at set forth in the Youth Sports Council Guidelines and Facility Use & Permit Policy (PERMIT POLICY).
Section IV. Party Representatives.
The CITY's representative for this AMENDMENT is Megan Wolfe, Director of Community Services, or her written designee. YVNLL's representative for this AMENDMENT is Matthew Hill, or his written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section 20 of the original AGREEMENT.
Section V. YVNLL'S Obligations During PROGRAM.
During the term of this AMENDMENT:
1. YVNLL shall comply with the terms of this AMENDMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.
2. YVNLL shall designate and utilize one representative and one alternate representative authorized to act on YVNLL's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.
3. YVNLL shall conduct background checks on all volunteers, pursuant to California Assembly Bill No. 465 (2013) and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in the program, pursuant to California Assembly Bill No. 230 (2014).
4. YVNLL shall be responsible for the conduct of all YVNLL board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators (PARTICIPANTS), participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.
5. YVNLL and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM, and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play -202-
and other ethical issues that relate to team sports. YVNLL shall submit a copy of Parent, Coach and Volunteer, Codes of Conduct prior to the commencement of the season and/or practices.
6. YVNLL shall provide the CITY with a detailed and defined description of all PROGRAMS, a minimum of thirty (30) days in advance of the scheduled start of all PROGRAMS. A list of PARTICIPANTS (list to include city residency) is due no less than seven (7) days prior to scheduled start of the PROGRAM. YVNLL's request of additional dates and/or tithes for PROGRAM additions and/or changes shall be requested no later than thirty (30) days in advance. This includes any post -season PROGRAM events. a. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
• Second Priority: YVNLL, in accordance with CITY's scheduling methodology
• Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology b. The YVNLL PROGRAM shall remain at all times subject to the review and approval by mutual agreement, by all PARTIES involved.
7. The CITY will authorize YVNLL to utilize the outdoor entryway area of the Yucaipa Community Center, during business hours, for purpose of accepting PROGRAM registrations. YVNLL will also be authorized to post its PROGRAM flyers, coach's application forms, player registration forms, and sponsorship forms in an YVNLL provided counter -organizer to be placed on the main counter at the Community Center.
8. YVNLL shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YVNLL shall make reasonable efforts to provide a PROGRAM participation rate of at least 51 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources.
9. Postponement or cancellation of use shall be reported immediately by YVNLL to the CITY's representative. YVNLL has been granted access to shut downturn off field lights when fields are not in use.
10. YVNLL will be responsible for any and all fixtures in the snack bar, including but not limited to all shelving and appliances (refrigerators/freezers, ice machines, hot dog cookers, soda fountains, ice cream machines, prep work tables, storage racks, etc.).
11. YVNLL shall check for any possible unsafe conditions at the FACILITIES on a daily basis, prior to use. Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YVNLL shall be responsible for snaking sure that none of its PARTICIPANTS access any of the FACILITIES at which YVNLL has detennined there is an unsafe condition.
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12. YVNLL shall be responsible for any and all damages incurred to the FACILITIES at any time the PROGRAM is occurring.
13. YVNLL shall be responsible for the following enhancements to any CITY and/or YCJUSD FACILITIES. ALL ENHANCEMENTS MUST BE APPROVED BY CITY BEFORE WORK BEGINS. YVI\TLL may be responsible for any plan checks or fees that are required before work has been performed:
a. Minor irrigation repair and/or modification to infield irrigation heads; and b. Infield clay and pitchers mounds; and
c. Base, home plate, and pitcher rubber installation; and d. Installation and maintenance of bull pens; and
e. Fence repair due to soft -toss damage; and
f. Routine daily maintenance and field preparation; and g. Scoreboards; and
h. Installation and removal of temporary fencing.
14. YVNLL shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. All alterations, improvements, or additions, which are made to the FACILITIES by YVNLL shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear, and unencumbered, and YVNLL shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YVNLL. Notwithstanding the above, this paragraph shall not apply to YVNLL's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YVNLL and may be removed by YVNLL on or before the EXPIRATION DATE of this AGREEMENT.
Section VII. Independent Contractor Status.
1. In the performance of this AGREEMENT, YVNLL is and shall at all times remain as to the CITY a wholly independent contractor. As an independent contractor, YVNLL and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YVNLL and its PARTICIPANTS shall not have any rights or benefits of an employee under (i) any personnel, employment or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units. 5 -204-
This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.
2. At no time during this AGREEMENT shall YVNLL, or any of its PARTICIPANTS represent orally or in writing that YVNLL is a CITY prograin or activity, or that any of its PARTICIPANTS are employees of the CITY. YVNLL's PARTICIPANTS shall not at any time wear any unifonn or display or cant' any badge, button, or identification that identifies them as employees of the CITY.
Section VIII. Use of CITY Logo or Name
YVNLL shall not use the CITY's logo/seal without the prior written consent of the CITY.
Section IX. CITY Services.
During the term of this AGREEMENT, the CITY will provide the following services:
1. The CITY is solely responsible for the infrastructure aspects (structural, main plumbing, main electrical, main sewer) of the snack bar and restrooms at CITY FACILITIES. The CITY will be responsible for any infrastructure repairs and installations required by federal, state, or county public health standards (including, but not limited to, 3-compartment sink, hand wash stations, snack -bar screens, flooring, wall covering, ceiling materials, etc.). a. If any repairs are needed to the above -mentioned infrastructure aspects, YVNLL shall notify the CITY's representative immediately, so that any repairs may assessed by the CITY and completed timely.
b. If YVNLL coordinates with any outside vendors for snack bar purposes, such as food trucks, then YVNLL will comply with all federal, state, and county guidelines for rules and regulations for any and all outside vendors acquired. All outside vendors will be required to obtain a City of Yucaipa Business License and show proof of License before operating.
2. The CITY shall be responsible for any fence repair that is needed due to normal wear and tear, with the exception of any temporary fencing placed by YVNLL. a. YVNLL shall be responsible for any and all removal of temporary fencing at the conclusion of the season.
3. The CITY shall be responsible for any repair/replacement of locks/lock sets on the snack bar, restroom, storage, or other CITY owned buildings.
Section X.
Except as expressly modified or supplemented by this Amendment #6, all other provisions of the AGREEMENT shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment #6 and the provisions of the original AGREEMENT, the provisions of this Amendment #6 shall control.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment + 6 on the date and year first above written.
CITY OF YUCAIPA, a municipal corporation,
By its Authorized Representative(s):
Raymond A. Casey Date
City Manager
ATTEST:
Jennifer Crawford Date
Assistant City Manager
YUCAIPA VALLEY NATIONAL LITTLE
LEAGUE, a non-profit corporation
7 u rized pre entative(s):
atthe Hi 1, President Date
Date
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