Item 1.4 - Approval of Facility Use PGSL Agmt for use of Aubrey ParkG`,�Y OF Wq y
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DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
March 5, 2019
APPROVED
❑
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Brenda Sylvia, Director of Community Service4r'�
Roger Morrison, Senior Management Analyst
(858) 668-4581 or rmorrison@poway.org
Facility Use Agreement Between the City of Poway and the Poway
Girls Softball League for Use of the Aubrey Park Softball Facility
The City of Poway and the Poway Girls Softball League have had a Facility Use Agreement for
use of the Aubrey Park Softball Facility since 2005. A new Agreement has been prepared which
updates the previous Agreement to reflect current operating procedures and to better delineate
the responsibilities, including maintenance, of both parties.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute all necessary
documents associated with the Facility Use Agreement Between the City of Poway and the Poway
Girls Softball League for Use of the Aubrey Park Softball Facility.
Discussion:
During the development of Aubrey Park, the City Council approved Conditional Use Permit (CUP)
03-15, which required the development of a shared operation plan between the City and the
Poway Girls Softball League (PGSL) to optimize the use and scheduling of the Aubrey Park
Softball Facility. This CUP and the subsequent Facility Use Agreement adopted on December 13,
2005, recognized that PGSL had contributed time and substantial financial support to the City for
the design and construction of the facility. PGSL and the City share use of the facility, with PGSL
responsible for the supervision and general maintenance of the Aubrey Park Softball Facility, and
the City taking primary responsibility for the other areas of Aubrey Park.
Over the years since the adoption of the 2005 Agreement, a concession/storage building was
constructed, use patterns and procedures have been modified, and questions regarding the
relative responsibilities of the City and PGSL have arisen. To address these items, City staff met
multiple times with PGSL representatives and drafted a proposed new Agreement. Changes to
the 2005 Agreement and the reasons for these changes are as follows:
Although the plan for Aubrey Park included a concession/storage building, it had not been
constructed at the time of the original Agreement. Verbiage addressing the use and
maintenance of the concession/storage building has been added and updated throughout
the Agreement.
1 of 17 March 5, 2019, Item # P+
Facility Use Agreement With the Poway Girls Softball League
March 5, 2019
Page 2
2. As defined in Section 3: Term, the term of the new Agreement is 7 years plus two potential
1 -year extensions. This is reduced from 10 years plus up to five 1 -year extensions in the
original Agreement to allow more frequent revisiting of the terms, conditions, and operation
of the facility.
3. Modifications were made throughout the Agreement, particularly in Section 13 and the
addition of Exhibits A -C, to clarify the maintenance responsibilities of PGSL and the City.
The softball facilities and the interior of the concession/storage building are the primary
responsibility of PGSL. The other park areas including the restrooms are the primary
responsibility of the City. The revised verbiage and Exhibits provide additional detail as to
what types of maintenance are required and how it is to be conducted. In addition, Section
13D requires monthly inspections using a standardized form and sets reasonable time
frames agreed upon by both parties for making needed repairs.
4. A new Section 9: Priority has been added to clarify the priority of use of the softball
facilities. As with all City facilities, the City has first priority, but the Agreement now clarifies
that PGSL has priority over other outside groups that occasionally rent the fields.
5. In Sections 11 and 12: Times and Schedules, the operating times and scheduling
procedure were updated to match existing practice.
6. Section 12D was updated to clarify and emphasize the requirement of PGSL to notify
neighbors in advance of tournaments and other large events, and Section 21B was
updated to require PGSL to post signage directing attendees at large events not to park
on local residential streets.
7. An old section requiring installation of a payphone at Aubrey Park has been deleted
because it is not needed.
8. Section 16 limits use of the air conditioning in the concession/storage building to
scheduled facility use time in order to conserve energy and reduce operating costs.
9. Section 20 sets a single point of contact for each party to ensure that communication
occurs in a clear and timely fashion.
10. A new Section 24 notes that special events are subject to standard City requirements
(bounce house permits, event permits, insurance), and that any vendors must meet
standard City requirements and hold a County of San Diego Health Permit, if applicable.
While operating the concession, PGSL must also hold and display a County Health Permit.
11. The legal language was revised in consultation with the City Attorney. Section 26:
Indemnification language was updated and storage waiver language was added, and a
new Section 30 on Governing Law, Venue and Attorneys' Fees was added.
Environmental Review:
This item is not subject to CEQA.
Fiscal Impact:
2 of 17 March 5, 2019, Item # (.q
Facility Use Agreement With the Poway Girls Softball League
March 5, 2019
Page 3
None; there is no remuneration associated with this Agreement.
Public Notification:
Additional notification was sent to Rich Sotelo, President, Poway Girls Softball League, P.O.
Box 272, Poway, CA 92074.
Attachment:
A. Facility Use Agreement
Reviewed/Approved By: Reviewed By: Approved By: a
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
3 of 17 March 5, 2019, Item # 1.4
Facility Use Agreement Between the City of Poway
and the Poway Girls Softball League for
Use of the Aubrey Park Softball Facility
This Agreement is made and entered into this 5th day of March, 2019, by and
between the City of Poway (hereinafter referred to as "City"), and the Poway Girls
Softball League (hereinafter referred to as "PGSL").
WITNESSETH
WHEREAS, the City and PGSL are mutually interested in and concerned with
the provision of providing adequate facilities and services for community sports and
recreation; and
WHEREAS, PGSL has contributed time and financial support to the City for the
design and construction of the Aubrey Park Softball Facility; and
WHEREAS, within this facility, PGSL shall accept responsibility for providing
activities, programs, and services to benefit girls' softball play and the Poway
community, and for the administration thereof; and
WHEREAS, PGSL and the City shall share use of the facility, with PGSL
responsible for the supervision and general maintenance of the Aubrey Park Softball
Facility as described herein; and
WHEREAS, the City has granted PGSL a Conditional Use Permit (CUP 03-15)
for use of the Aubrey Park Softball Facility which requires the development of a
shared operation plan between the City and PGSL to optimize the use and scheduling
of the Aubrey Park Softball Facility, it follows that a Facility Use Agreement is needed.
NOW, THEREFORE, the City and PGSL agree as follows:
1. Description
The Aubrey Park Softball Facility (hereinafter referred to as "APSF"), located at
13544 Aubrey Street and within Aubrey Park, is a City of Poway park facility,
which at the time of the signing of this Agreement includes softball fields and
facilities; batting cages; concessions, storage, and restrooms building;
dumpsters and dumpster enclosure area, and a parking lot.
2. Administration
This Agreement shall be administered on behalf of the PGSL Board of
Directors by its President (hereinafter referred to as "President"), and on behalf
of the City of Poway by the City Manager or designee.
4 of 17 ATTACHMENT A March 5, 2019, Item #1-4
3. Term
This Agreement shall become effective commencing on the date this document
is fully executed by both Parties and shall be in force for a period of seven (7)
years. By written agreement of both Parties, it can be renewed up to two times
for a period of one (1) year, for a maximum of nine (9) years' total duration.
4. Previous Agreement
This Agreement supersedes the Facility Use Agreement Between the City of
Poway and the Poway Girls Softball League for Use of the Aubrey Park Softball
Facility, entered into on December 13, 2005 ("2005 Agreement"), which as of
the Effective Date, no longer has any force or effect.
5. Termination
This Agreement may be cancelled by either Party for any reason upon written
notification of not less than ninety (90) days' notice.
6. Use
A. The City of Poway agrees to grant without remuneration the nonexclusive
use of the APSF to PGSL as specified in this Agreement. PGSL shall not
enter into a joint use agreement with any organization for use of the
facilities without pre -approval from the Director of Community Services nor
shall these facilities be subleased by PGSL to any organization at any
time. The use of these facilities by any successor to PGSL must have the
prior approval of the City Council.
B. Use of the facility by PGSL is contingent upon compliance with all
conditions contained in CUP 03-15 or its successor(s), this Agreement,
and approved Facility Use Permits issued under conditions as described
herein.
7. Entry and Inspection
City retains the right to enter or inspect all areas of Aubrey Park, including the
concessions building, at any time.
8. Facilities
This Agreement includes the use of the following facilities located at Aubrey
Park:
A. Softball fields, including backstops and player -seating areas
B. Batting cages
C. Concessions and storage building
D. Restrooms
E. Parking lot
F. Dumpsters and dumpster enclosure area
G. Other softball -related equipment and facilities
9. Priority
As described in Sections 11 and 12 of this Agreement, PGSL has first access
to reserve park areas for softball activities. Other organizations to whom the
City may rent portions of the facility shall have lesser priority. As noted in
5 of 17 ATTACHMENT A March 5, 2019, Item # 0
Section 19 of this Agreement, City retains first priority of its facilities for City
use. All areas of the facility that are not specifically reserved are open to the
public during park open hours with the exception of the concessions/storage
building.
10. Possessory Interest
This Agreement may result in a taxable possessory interest and be subject to
the payment of property taxes. PGSL agrees to and shall pay before
delinquency any and all taxes and assessments of any kind assessed or levied
upon PGSL or the facilities listed herein by reason of this Agreement or of any
buildings, machines, or other improvements of any nature whatsoever erected,
installed or maintained by PGSL or by reason of the business or other activities
of PGSL upon or in connection with the facilities.
11. Times
A. The APSF will be available to PGSL to accommodate schedules as
established in Section 12 of this Agreement, which shall be in accordance
with the proposed schedule contained in CUP 03-15 or its successor(s).
B. PGSL will observe all established park hours and use rules. City will
provide PGSL with a copy of all rules affecting PGSL's use of the APSF.
C. PGSL participants and those associated with PGSL activities may not
arrive prior to 8:00 a.m. nor remain after sunset on any given day.
D. Use of motorized equipment and player warm-ups are not permitted prior
to 8:00 a.m. nor after sunset.
E. PGSL practices, events (such as opening day or closing day ceremonies
and tournaments), and games may not start earlier than 9:00 a.m. and
shall end no later than fifteen (15) minutes prior to sunset.
F. City is responsible for opening and closing restrooms and gates at Aubrey
Park.
12. Schedules
A. Prior to January 1 each year the City will provide the PGSL President with
an updated Old Poway Park Special Event Calendar, which PGSL shall
use to develop their annual use schedule. Should any PGSL opening day,
tournament, or closing day activities fall on the same dates as a City
special event, PGSL may be required to arrange and pay for shuttle
service from a location determined by City.
B. Schedules for use shall be established quarterly at the Poway Sports
Association (PSA) meeting by the PGSL President or designee.
C. Upon submission of its schedule at the quarterly PSA meeting, PGSL is
required to input their reservation requests in the City's facility reservation
software for approval by the youth and adult sports coordinator.
6 of 17 ATTACHMENT A March 5, 2019, Item # 1.4
D. At the discretion and direction of City staff, for any league activity that is
anticipated to draw attendance levels that will impact traffic, parking,
and/or noise levels of the surrounding residential area, such as opening
day, tournaments, and closing day, PGSL is required to deliver notices to
residents on Sycamore Avenue and York Street north of Aubrey at least
ten (10) days prior to the activity. PGSL must provide City with a copy of
this notice for approval in advance of distribution. Failure to provide
proper, approved notification to residents may result in facility use
restrictions.
E. PGSL shall post the permit and schedule on the public display board at
the facility.
13. Maintenance
A. Areas of City and PGSL maintenance responsibility are indicated in
Exhibit A attached to this agreement and detailed below.
B. PGSL is responsible for:
i. Landscape and irrigation maintenance of all sports fields in
accordance with Exhibit B attached to this Agreement; this
maintenance includes programming but not repair of the
controller dedicated exclusively to PGSL use area
ii. Attending annual maintenance clinic administered by City staff
iii. Maintenance and repair of softball equipment, including chain link
fencing and back stops (with the exclusion of the decorative
metalwork on the backstops), benches, infields, bleachers, bases,
mounds, home plate, scoreboards, outfield, and back stop
netting, etc. including batting cages
iv. Routine maintenance of all interior areas in the
concession/storage building, with the exception of the restrooms,
HVAC, concession/storage building plumbing up to but not
including fixtures, and electrical systems in accordance with
Exhibit C attached to this Agreement
V. Fire extinguisher supply, maintenance, and monthly inspection
vi. Notifying the City through the Maintenance Liaison within twenty-
four (24) hours of discovering graffiti at the APSF
vii. Removal of litter and trash to the dumpster on use days, including
emptying all trash cans throughout the PGSL use area and
ensuring that the dumpster enclosure area remains free of litter,
debris, and damage
viii. Ensuring that restrooms are clean, orderly, sanitary, and free of
litter on PGSL use days
ix. Restocking all City -supplied restroom supplies, including soap,
paper towels, toilet paper, trash bags, etc., during times of PGSL
use
X. Power wash of all concrete pads in the softball complex as
needed
7 of 17 ATTACHMENT A March 5, 2019, Item # [,�
C. City is responsible for:
i. Landscape, irrigation and trash removal of all non -sports field
facilities
ii. Playground maintenance
iii. Routine maintenance of all non -sports field related park
equipment
iv. All major facility maintenance, repairs and renovations except as
assigned to PGSL in this section; this includes outside areas of
the concession/storage building, foundation, roof, HVAC and
electrical, all restrooms including restroom plumbing, and
concession/storage building plumbing from the outside pipes to
and including the valves.
V. Opening and closing of the restrooms Saturdays and Sundays
year-round
vi. Providing all restroom supplies, including soap, paper towels,
toilet paper, trash bags, etc.
vii. Year-round weekly janitorial service of the park restrooms
viii. Year-round dumpster trash removal
ix. Maintenance and repair of the decorative metal work on the
backstops
X. Rekeying of concession/storage building locks upon request of
PGSL, with PGSL reimbursing the City for the cost
A. Graffiti removal
D. City staff and PGSL shall each conduct monthly inspections of Aubrey
Park facilities year round and identify repairs and maintenance required. A
standardized inspection form developed by City shall be completed to
document each inspection, and shall be shared with the other Party.
Documentation of inspections and maintenance scheduled by either party
shall be made available upon request. The repairs shall be made within a
reasonable time frame agreed upon by both parties, taking into
consideration any safety or program impacts of the condition to be
repaired. The Party responsible for maintaining the item as specified in the
above conditions shall be required to make and pay for repairs.
E. City retains the right to close the facility without notice should City
determine that an unsafe or hazardous condition exists, or conditions that
could lead to potential damage, and keep the facility closed until the
condition has been repaired to City standards and timelines.
F. Requests by PGSL for new services or new facilities and equipment must
be made in writing to the City Agreement Liaison by January 1 each year
to be considered for funding by the City in the following fiscal year's
budget.
G. Should PGSL require access to the facility prior to 7:30 a.m. for the
purpose of allowing contractors to enter and perform work that has been
8 of 17 ATTACHMENT A March 5, 2019, Item # 1.4
approved by the City, PGSL shall notify the City Maintenance Liaison no
less than three (3) business days in advance.
H. City shall notify PGSL at least 1 day in advance of planned HVAC
maintenance and within 3 days after any unplanned HVAC maintenance.
I. PGSL will submit all repair requests to the City's Maintenance Liaison as
defined in Section 20 below. Urgent requests shall be reported by phone
to the City's Maintenance Operations Division and also submitted to the
Maintenance Liaison.
14. Security
A. PGSL shall secure or remove all portable PGSL property on a daily basis
when their activity is completed.
B. PGSL shall report all vandalism to the City of Poway Maintenance Liaison.
15. Alcohol
At no time is alcohol consumption permitted at the APSF by anyone affiliated
with PGSL (participants, volunteers, spectators, etc.) during PGSL scheduled
use.
16. Utilities
City is responsible for all water, sewer, gas, electrical utilities, and waste
management costs at the APSF. PGSL is responsible for ensuring HVAC is not
being used outside of scheduled facility use time. Violations may result in the
City invoking control over HVAC scheduling.
17. Supervision and Equipment
A. PGSL shall provide the sufficient staffing for supervision of the participants
and volunteers of all PGSL activities and shall, at its expense, provide
expendable equipment and supplies related to PGSL use. PGSL shall
provide additional restroom supplies during times that an approved Sport
Use Permit is on file at such quantity to accommodate the anticipated level
of additional participants and spectators. The buildings, grounds, and
equipment, which are the property of the City of Poway, shall be cared for
in a diligent manner by PGSL during scheduled use, with PGSL
responsible for payment of any damages resulting from use by PGSL.
Similarly, if equipment and/or supplies are damaged by anyone during
periods when the City is responsible for the activities, the City shall pay for
damages.
B. PGSL shall provide adult supervision when PGSL member youth are
present during scheduled activities. Unattended minors associated with
PGSL activities are not permitted.
C. All PGSL equipment must be removed from the APSF or placed in a
locked storage facility on a daily basis.
9 of 17 ATTACHMENT A March 5, 2019, Item # 1.4
D. PGSL is responsible for the setup and storage of all equipment used for
PGSL operations and programming.
E. PGSL storage is limited to designated areas at APSF and does not
include storage at other facilities where PGSL may practice or play.
F. City is responsible for the setup and storage of all equipment used for City
operations and programming.
18. Facility Modification
Requests by PGSL to provide additional facilities, equipment, or permanent
improvements on the APSF grounds shall be submitted to the Director of
Community Services and may occur only upon the approval of the City Council.
It is further agreed that the City may provide additional facilities, equipment,
and permanent improvements to the APSF upon notification to the Board of
Directors of PGSL. In addition, it is agreed that the City and PGSL may jointly
provide such items with the approval of their respective administrators, the City
Council, and the PGSL Board of Directors.
19. Policies and Procedures
Policies and procedures for the purpose of administering changes in schedules,
maintenance, security, use of equipment, coordination of events, parking, and
other related matters of mutual interest to both parties will be developed jointly
by the City and PGSL, with City use retaining priority.
20. Communication
To ensure consistency and timeliness, all communications must go through one
point of contact (per topic or overall) as designated by each Party.
For the City, those contacts are as follows:
City Maintenance Liaison
Landscape, irrigation, maintenance and repairs of all sports fields (as defined in
new agreement) and associated equipment, including chain link fencing and
back stops (with the exclusion of the decorative metalwork on the backstops),
benches, infields, bleachers, bases, mounds, home plate, scoreboards,
outfield, and back stop netting, etc. including batting cages, as well as any
maintenance or repair issues associated with the concession/storage building
or restrooms.
City Agreement Liaison
Terms of agreement, projects, non -sports fields/facilities (as defined in new
agreement) issues, problems or repairs.
For PGSL, the contact is as follows:
10 of 17 ATTACHMENT A March 5, 2019, Item # 1,q
21. Parking
A. At no time does PGSL have exclusive use of the Aubrey Park parking lot.
The City and PGSL agree to cooperate in solving parking concerns that
result from concurrent City/PGSL events, with City events retaining
priority.
B. PGSL is required to inform league participants not to park on local
residential streets including Sycamore Avenue and York Street north of
Aubrey. At the discretion and direction of City staff, for any league activity
that is anticipated to draw attendance levels that will impact traffic or
parking in the surrounding residential area, such as opening day,
tournaments, and closing day, PGSL is required to post signage directing
attendees to park in designated areas. PGSL must provide City with a
copy of the signage for approval in advance of posting. Failure to post
proper, approved signage may result in facility use restrictions. Depending
on the anticipated impact on traffic and parking in the surrounding
residential areas due to a league activity, the City may require PGSL to
develop and administer a City -approved parking plan which could include
offsite shuttle services.
C. Parking of private vehicles is permitted in designated parking spaces only.
Parking of turf -type vehicles or construction equipment is temporarily
permitted in undesignated spaces insofar as its placement is directly
related to PGSL activities.
22. Access
Access to Aubrey Park property, including the baseball fields and
restroom/snack shack, is limited to the Park's main entrance on Aubrey Street
or the pedestrian walkway off Midland Road. There will be no private vehicle or
pedestrian access from Sycamore Avenue for the purpose of participating in
PGSL activities.
23. Limitation of Use at Other Facilities
PGSL may not utilize Old Poway Park for league play. This includes player
warm-up, practice and game play. Nothing in this section is intended to limit
use of City Facilities by individual league members for non-league activities.
24. Events and Permits
Any event days outside of normal operations (meetings, practices, softball
games, or the annual tournament) are subject to standard City requirements
including bounce house permits, event permit fees, and insurance
requirements. Any vendors must meet all City requirements, including a City of
Poway business certificate and a County of San Diego Health Permit, if
applicable. The operator of the concession must hold and display a County
Health Permit during all operating hours. Any use of amplified sound at Aubrey
Park requires a City of Poway Temporary Use Permit as specified in the CUP.
11 of 17 ATTACHMENT A March 5, 2019, Item # I A
25. Administrative Review and Amendment
A. The Director of Community Services or designee and the President of the
PGSL Board of Directors shall meet periodically to review and coordinate
matters of mutual concern in the administration of the Agreement. The
provisions of this Agreement may be amended or modified only by mutual
consent and written agreement approved by the City Council and the
PGSL Executive Board of Directors.
B. PGSL is required to provide detailed financial reports to City on an annual
basis. Said reports shall be sent to the City Agreement Liaison and
include expenditures, revenues and projected cash flow, and be presented
in a format that is satisfactory to the City. The reports shall be due on the
20th of the month that follows PGSL's budget cycle. PGSL shall allow the
City to inspect its financial reports, upon the City's request, including
income and expense statements, bank records, audits, and a balance
sheet including but not limited to any documentation the City deems
necessary.
C. An annual review to determine the impact of this Agreement to the City's
budget shall take place prior to the City's budget review process to enable
both parties to consider costs of operation and maintenance and to
propose the necessary budget adjustments for the new fiscal year.
26. Indemnification
A. PGSL shall hold harmless, defend, and indemnify City, members of the
City Council, and its officers, employees, and agents from any and all
losses, demands, damages (including costs and attorney's fees), or
causes of action related to any injury to property or person or any other
claim which is alleged to have arisen from PGSL use of the facilities
subject to this Agreement.
B. The City shall hold harmless, defend, and indemnify PGSL, members of
its governing board, and its officers, employees, and agents from any and
all losses, demands, damages (including costs and attorney's fees), or
causes of action related to any injury to property or person or any other
claim which is alleged to have arisen from City's use of the facilities
subject to this Agreement.
C. PGSL further recognizes the inherent risks of damage to, or loss of, any
property associated with the use of the storage, arising from any cause
whatsoever including, but not limited to: fire, theft, vandalism, water
damage, mysterious disappearance, rodents, acts of god, or the active or
passive acts or omission or negligence of the City. PGSL acknowledges
and expressly assumes such risks and agrees to use the storage at its
sole risk, excepting only loss, injury, damage or costs that arise out of the
City's intentional wrongful acts or violations of law.
D. PGSL further hereby assumes all risk of any injury and damage to its
members, personnel and property that occurs in the course of, or in
12 of 17 ATTACHMENT A March 5, 2019, Item # (.q
connection with, the activities authorized by this Agreement, specifically
including PGSL's use of the APSF. It is hereby agreed that the City is not
to be liable for injury or damage which may be sustained by PGSL unless
caused by the City's willful misconduct.
27. Insurance
During the term of this Agreement, PGSL shall obtain and maintain in full force
and effect the following insurance coverage:
A. Liability Insurance: PGSL shall carry property damage and public liability
insurance by an insurer acceptable to the City that covers the areas and
activities set forth in this Agreement under their insurance program, which
shall have limits of up to $1,000,000 each occurrence with an annual
limitation of $2,000,000. PGSL shall add the City, its respective elected
officials, officers, employees, agents and representatives as an additional
insured to its policies and provide the City an endorsement to that effect.
B. Workers' Compensation Insurance: In connection with the performance of
this Agreement by PGSL, PGSL shall provide full workers' compensation
insurance for its employees or contract employees as required by the
Workers' Compensation Act. The City shall have workers' compensation
insurance for its employees or contract employees of the City.
C. Certification of Insurance: PGSL shall deliver to the City certificates of
insurance which shall provide that no cancellation, major change in
coverage, or non -renewal will be made during the term of this Agreement,
without thirty (30) days written notice to the City prior to the effective date
of such cancellation, change in coverage, or non -renewal.
28. Conditional Use Permit
This Agreement supplements but does not supercede any Conditional Use
Permit granted to PGSL by the City for use of the APSF.
29. Partial Invalidity
If any provision of this Agreement or the application thereof to any person or
circumstances shall to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such provision to person or circumstances
other than those as to which it is invalid or unenforceable, shall not be affected
thereby and each provision of this Agreement shall be valid and be enforced to
the fullest extent by law.
30. Governing Law, Venue and Attorneys' Fees
This Agreement shall be governed by, and construed in accordance with, the
laws of the State of California. Each party to this Agreement consents to
personal jurisdiction in San Diego County, California. Any action to enforce or
interpret the terms or conditions of this Agreement shall be brought in the
Superior Court in San Diego County, Central Division, unless the parties
mutually agree to submit their dispute to arbitration. PGSL hereby waives any
right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing
13 of 17 ATTACHMENT A March 5, 2019, Item #l,`}
party in any such action or proceeding shall be entitled to recover all of its
reasonable litigation expenses, including its expert fees, attorneys' fees, courts
costs, arbitration costs, and any other fees.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date
first set above written.
City of Poway
Tina M. White, City Manager
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Alan Fenstermacher, City Attorney
Poway Girls Softball League
Richard Sotelo. President
14 of 17 ATTACHMENT A March 5, 2019, Item # I -q
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Exhibit B: Field Maintenance Standards
PGSL is to maintain all Fields renovated or constructed by City in a safe, clean,
and well-maintained condition. If PGSL does not have qualified personnel to perform
all required field maintenance, they shall hire qualified personnel. Any contractor must
be approved by City. Any product can only be applied by personnel holding the
required certification.
PGSL is required to attend an annual maintenance clinic administered by City
staff to ensure fields are managed to City standards.
Daily Routine:
a. Pick up trash on grounds.
b. Remove any safety hazards.
Weekly Routine:
a. Mowing: Mow all fields and ensure a uniform cut.
b. Irrigation:
i. Set watering cycles to achieve moisture at a 6 -inch depth;
ii. Check and repair irrigation, clocks, heads, valves and coverage.
C. Examine Turf for Pests and Disease. Any controls to be used must be
City approved and applied by a City -approved contractor.
d. Weed Controls:
i. Edge un-mowable areas once a month.
ii. Apply City -approved herbicides as required.
e. Fencing Check for needed repairs and repair as required.
f. Dugouts, Sidewalks and Bleachers — trash cans emptied daily.
Monthly Routine:
a. Verify high use of compacted area as required, always before fertilizing.
b. Low spots in the turf will be corrected by an application of a sand mix
and top -dressed. Holes in turf will be filled and sodded or seeded as
detected.
Quarterly Routine:
Fertilization Program — apply City -approved fertilizer to cool season grasses at
an N -P -K ratio of approximately 2-1-1 or 3-1-2. Warm season grasses require an
approximate ratio of 4-1-11.
Annual Routine:
a. Infield Maintenance: Apply additional brick dust to infields at a rate of 20
yards per field as needed.
b. Turf Maintenance: Overseed and top -dress all bare or sparse turf areas.
C. Ballfield Infield and Warning Tracks: All surface irregularities (high and
low spots) will be checked and corrected in both the infield and warning
tracks.
16 of 17 ATTACHMENT A March 5, 2019, Item # �.�
Exhibit C: Building Maintenance Standards
PGSL shall maintain all interior areas of the concession/storage building (not
including the restrooms) in a safe, clean, and well-maintained condition. If PGSL does
not have qualified personnel to perform any required maintenance, they shall hire
qualified personnel. All contractors must be preapproved by City before performing
work.
Building maintenance to be performed by PGSL at their expense includes, but
is not limited to, floors, walls, counters, interior and exterior doors and windows,
plumbing fixtures (not including restrooms), drains, appliances, interior light fixtures,
bulbs, and ballasts, as necessary. PGSL shall ensure that all equipment and
appliances are installed, positioned and functioning properly and appropriately.
City shall, at its own expense, be responsible for the maintenance and repair of
the following items, with the exception of damage due to PGSL activity: roof,
foundation, all restrooms, heating and air conditioning, plumbing (not including
plumbing fixtures within the concession/storage building), and interior and exterior
electrical facilities with the exception of interior lighting fixtures, bulbs, and ballasts.
Cleaning of the facility shall be performed by PGSL on a regular basis. PGSL
shall maintain at all times an "A" rating for cleanliness and sanitary condition, if
applicable, and as determined by the appropriate health enforcement authority in San
Diego County.
17 of 17 ATTACHMENT A March 5, 2019, Item # 1,�