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Item 1.4 - Approval of Facility Use PGSL Agmt for use of Aubrey ParkG`,�Y OF Wq y s�'�" w me ��� 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 Ki w Ka -- k >� k ,i � v � v, n 1 Et . n� n v k v�� w Ka -- k >� k ,i � v 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,�