HomeMy WebLinkAbout15. Adult Softball Extend
AGENDA MEMO
DATE:
November 9, 2010
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
By: Thad Phillips, Director of Community Services
SUBJECT: R ENEWAL OF OPERATING SERVICES AGREEMENT WITH MAJOR
LEAGUE SOFTBALL, INC. FOR ADULT SOFTBALL PROGRAM
RECOMMENDATION
That the City Council approve a five (5) year extension to the Operating Services
Agreement with Major League Softball, Inc. (MLS) for Adult Softball for the period of
December 13, 2010 to December 12, 2015, according to the terms and conditions of the
attached agreement.
DISCUSSION
MLS has provided adult softball services to the City of Downey for thirteen (13) years.
In an effort to provide an improved Adult Softball Program to the community the City
entered into a three (3) year Operating Agreement with MLS in December 1997. In
2000 and 2005, the City Council, approved five (5) year extensions with MLS. MLS
continues to provide exceptional service to the community.
This agreement allows MLS to provide our City-wide Adult Softball leagues; three (3)
sessions are eleven (11) weeks long and the winter session eight (8) weeks. Currently,
the adult softball program utilizes Rio San Gabriel Park Diamonds North and South and
Apollo Park Diamond #1 six (6) days a week, Monday – Friday and Sundays.
Columbus High School games are scheduled Monday – Friday and Sundays.
Approximately 2,200 adults participated in the summer 2010 league. Of those 2,200
participants, MLS estimates an average of 1,012 (46%) are either Downey residents or
work in the City of Downey as well as nonresidents participating on local Church and
Business sponsored teams. 111 teams are participating in the Fall League, seven (7)
coed beginner; twenty-eight (28) coed lower; twenty-six (26) coed lower one; seventeen
(17) coed middle; five (5) men’s beginner; fourteen (14) men’s lower; fourteen (14)
men’s middle. The team fee is $335 for a ten (10) week session and $305 for the eight
(8) week session.
Major League Softball, Inc. was founded twenty-four (24) years ago and presently
provides adult softball services to twenty-seven (27) cities. In addition to Dave
Johnson, President of MLS, there are three (3) full-time directors for field maintenance
services, scoring and umpiring operations as well as customer care. Services provided
by MLS in Downey include an onsite League Director, four (4) seasons of softball per
year, team registrations, daily field preparations, trained and certified scorekeepers and
umpires, awards, individual and team statistics, computerized scoring and a telephone
hotline. The MLS service also includes a full-service website where participants can
access registration information, game schedules and scores, field condition updates,
performance and League Leader statistics.
CITY OF DOWNEY, CALIFORNIA
MLS has done a professional job in the thirteen (13) years of operation in Downey.
Staff negotiated to increase the royalty fee to 26% from 23% of all team registration
fees. The estimated increase in revenue is $3,800 per year.
FINANCIAL IMPACT
In the proposed agreement the City of Downey would receive 26% of all team
registration fees. The City has received $99,000 in general revenue funds since July
2005.
OPERATING SERVICES AGREEMENT
MAJOR LEAGUE SOFTBALL
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THIS OPERATING SERVICES “Agreement” made this 9 day of November 2010, by
and between the CITY OF DOWNEY, a municipal corporation, hereinafter referred to as CITY,
and MAJOR LEAGUE SOFTBALL, INC., a California corporation hereinafter referred to as
PROVIDER.
WITNESSETH:
In consideration of this their mutual covenants and conditions, CITY exclusively retains
PROVIDER to organize and manager the Downey Adult Softball Program and to do the things
necessary to provide the services and to make payment to CITY, in accordance to the terms
contained herein.
I.DEFINITIONS
A.For the purpose of this Agreement, the following words and phrases are defined
and shall be constructed as hereinafter set out:
1.CITY: The City of Downey, acting by and through its City Council.
2.PROVIDER: The Individual or Corporation with whom CITY enters into
this Agreement and the person with whom the City Manager and/or Director of Community
Services or their representative deals regarding subject Agreement. All employees and agents of
the PROVIDER are subject to the terms of this Agreement.
3.STAFF: The City Manager, Director of Community Services, or their
authorized representative(s), acting as agents of CITY.
4.SCOPE OF SERVICES: The services to be provided by PROVIDER, and
the responsibilities of PROVIDER, shall be limited to the following functions:
a)Program Administration
b)Officiating Services
c)Scorekeeping Services
d)Awards
e)Field Maintenance/Preparation
5.LEAGUE DIRECTOR: The individual assigned by PROVIDER to
provide daily supervision
6.SOFTBALL FIELDS: The term “softball fields” and “fields” as used in
this Agreement shall mean only the in-play areas of the subject ball fields, and specifically shall
not include any out-of-play areas, bleachers, buildings or structures of any kind, sidewalks,
streets, driveways, parking areas, playground or school yard areas.
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II.FINANCIAL CONSIDERATIONS:
A.As part of the services to be provided hereunder, PROVIDER shall collect on
behalf of CITY all team registration fees. As consideration for its services under this
Agreement, PROVIDER shall be entitled to retain seventy-four percent (74%) of the gross
receipts from Team Registration and Forfeit Fees. PROVIDER shall pay to CITY the other
twenty-six percent (26%) of the gross receipts from Team Registration and Forfeit Fees.
B.Payments of the twenty-six (26%) share of Team Registration and Forfeit Fees
shall be made by PROVIDER to CITY in accordance with the payment schedule provided in
Section IV., B., 9 below. PROVIDER shall administer the registration system including, but not
limited to registrations, collecting of fees, providing a receipt and keeping of an accounting
procedure acceptable to CITY.
III.TERM
A.Term of this Agreement shall be for a period of five (5) years, beginning
December 13, 2010 and expiring December 12, 2015 unless earlier terminated in accordance
with other provisions of this Agreement.
IV.OPERATING RESPONSIBILITIES:
A.General:
1.Employees: PROVIDER shall provide such employees or independent
contractors (collectively referred to as “employees”) as may be required to render good service,
to the satisfaction of STAFF. Such persons shall be satisfactory to STAFF as to their personal
conduct, honestly, courtesy, health, personal appearance and willingness to cooperate with CITY
employees. In the event an employee is not satisfactory, as herein defined, STAFF, may furnish
a written directive to PROVIDER to correct the cause of said dissatisfaction. If PROVIDER
does not correct said problem to satisfaction of CITY within sixty (60) days after said written
directive is received, STAFF may furnish subsequent written notice to PROVIDER requiring
that said employee be excluded from providing further services to CITY.
2.Operation: PROVIDER shall provide general supervision of softball
fields including the enforcement of safety practices and regulations during periods the softball
fields are in use in connection with the operation of the City of Downey Adult Softball Program
(in accordance with published game schedules as submitted to and approved by CITY).
PROVIDER shall exercise the right to exclude persons from using the fields who do not abide by
established rules.
3.Conduct: PROVIDER shall at all times perform its services in a quiet and
orderly manner to the satisfaction of STAFF.
4.Disorderly Persons: PROVIDER shall use its reasonable efforts to prohibit
intoxicated persons, profane or indecent language, or boisterous or loud conduct in or about the
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softball fields and will call upon the aid of peace officers to assist in maintaining peaceful
conditions.
5.Permits and Licenses: PROVIDER shall be required to obtain at his sole
expense any and all permits or licenses that may be required in connection with PROVIDER’S
subject operation including, but not limited to tax permits, business licenses and health permits.
6.Signs and Advertisements: No signs of any kind shall be displayed unless
approved by STAFF, who may require removal or refurbishment of any sign previously
approved. PROVIDER shall not permit vendors to display wares unless written permission is
secured from STAFF and such permission shall be subject to revocation at any time.
7.Sponsorship: Notwithstanding that PROVIDER is providing to CITY the
operating services contemplated in this Agreement, it is acknowledged that the City of Downey
Adult Softball Program is sponsored by CITY, and that PROVIDER is not a sponsor or co-
sponsor of said Program.
B.Administration:
1.League Director: The LEAGUE DIRECTOR shall oversee the program on
a day-to-day basis. The LEAGUE DIRECTOR shall be an experienced umpire/scorekeeper who
will work to serve the needs of both CITY and program participants.
2.League Coordinator: The dates designated for the duration of each league,
registration procedures and the number of games offered will be determined by and within the
sole discretion of CITY. PROVIDER shall schedule Adult Softball League play according to
facility schedules as determined by and within the sole discretion of CITY.
3.Marketing: PROVIDER shall at all times use its reasonable best efforts to
provide for the best possible program promotion, consistent with the marketing services
generally offered by persons engaged in providing services similar to those required to
PROVIDER under this Agreement. Services shall include, but may not be limited to, press
releases, program flyers, and copy for the City Brochure, letters and forms, mailing lists and a
phone “hotline”. All such marketing materials and forms must be submitted to CITY by
established deadline. CITY’S written approval shall be obtained before such materials are
distributed.
4.Pre-Season Services: PROVIDER shall arrange with STAFF mutually
agreeable dates, times and a Downey location for team registration. PROVIDER shall collect
and deposit league fees into a separate “Downey” checking account. PROVIDER shall be
responsible for team classifications and league formation resulting in the most balanced and
equitable competition possible. PROVIDER shall be responsible for preparing, printing and
distributing of game schedules. Copies of game schedules shall be provided to CITY prior to the
start of each season. Changes to game schedules will be provided to CITY within three (3) days
after their occurrence.
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5.Sign-In Sheets: PROVIDER shall provided sign-in sheets with hold
harmless/release/assumption of risk provisions (“Release”), as approved in advance by CITY in
writing and ensure that each player signs the Release. Any player failing or refusing to sign the
Release shall not be permitted to play by PROVIDER.
6.Manager’s Meeting: PROVIDER shall organize and supervise each pre-
season manager’s meeting. This meeting will include distribution of league rules.
7.Southern California Municipal Athletic Federation (SMAF): PROVIDER
shall complete all SCMAF team registration paperwork for those teams that choose to pay the
prevailing registration fee, as required by SCMAF, and pay such registration fees to SCMAF
within thirty (30) days of the first schedule day of the season.
8.Player’s Medical Benefit Fund (PMBF): PROVIDER shall collect and
deposit the optional PMBF fee for each team that pays it.
9.Method of Payment: PROVIDER shall pay to CITY twenty-six percent
(26%) of the gross receipts from Team Registration and Forfeit Fees with the following schedule
(with each date specified being said date next following the start of the subject League):
Winter League - on or before April 15
Spring League - on or before July 15
Summer League - on or before October 15
Fall League - on or before January 15
PROVIDER shall transmit with payment, a Gross Receipts Report for the seasons which
payment is submitted. STAFF shall provide a form for this purpose, and the completed form
shall include a statement of the gross receipts by source of sales, and such other information
STAFF may require. The payment shall be addressed to:
City of Downey
Attn: Stephanie Watkins
P.O. Box 7016
Downey, California 90241
In the event PROVIDER fails to submit payment by the due date, an additional ten percent
(10%) of the amount due will be charged for each month, or fraction thereof, that the payment is
due. This charge is intended to compensate CITY for additional accounting and administrative
costs.
10.Residency Statistics: PROVIDER shall provide the CITY with annual
residency statistics on or before December 31 each year. The statistics will include the total
number of players and the total percentage of Downey residents, nonresidents that work in
Downey, nonresidents participating on City of Downey Church or Business sponsored team
participating in the softball league.
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C.Services:
1.Officiating Services: PROVIDER shall recruit, train supervise and
evaluation softball umpires. PROVIDER shall schedule and assign the approved number of
SCMAF certified umpires to all games
2.Scorekeeping Services:PROVIDER shall recruit, train, supervise and
evaluate all scorekeepers. PROVIDER shall schedule and assign league scorekeepers to all
games. PROVIDER shall provide computerized scoring of all league softball games and
generate and provide to teams reports at the conclusion of each game. CITY shall provide one
(1) 110 volt electrical outlet at each softball field.
3.Equipment:PROVIDER shall provide all essential game equipment,
including, but not necessarily limited to: one (1) new and one (1) good used SCMAF approved
softball for each game, certified home plate extensions on each field, and Hollywood Impact or
similar CITY approved quality bases for each field.
4.Field Maintenance:PROVIDER shall perform maintenance services in
accordance with PROVIDER’S written proposal titled “MLS Standard Softball Diamond
Maintenance System” (Attachment 1). Each term and condition set forth in Attachment 1 shall
apply and are incorporated in this Agreement by reference.
5.Awards:PROVIDER shall provided individual awards for first and second
place teams. Awards shall consist of shirts, sweatshirts or similar items as approved by CITY.
Awards shall also be provided for statistical leaders in up to three (3) categories in each league at
the end of each season.
V.SOFTBALL FIELD IMPROVEMENTS:
A.PROVIDER may make additional softball field improvements subject to prior
written approval of CITY. In addition, CITY may, from time to time, make certain
improvements which it deems to be advantageous or necessary for the protection of public
property.
VI.LIABILITY AND INSURANCE:
A.Hold Harmless:
1.CITY and its respective elected and appointed boards, officials, officers,
agents employees and volunteer (individually and collectively, “Indemnitees”) shall have no
liability to PROVIDER or any other person for, and PROVIDER shall indemnify, defend, protect
and hold harmless Indemnitees from and against, any and all liabilities, claims actions, causes of
action, proceedings, suits, damages, judgments, liens. Levies, costs and expenses of whatever
nature, including reasonable attorney’s fees and disbursements (collectively “Claims”), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or
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arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise to the extent occurring as a result of or allegedly caused by the
negligent, willful or unlawful acts or omissions of PROVIDER, its agents, officers, directors or
employees, committed in performing any of the services under this Agreement.
2.If any action or proceeding is brought against Indemnitees by reason of
any of the matters against which PROVIDER has agreed to indemnify Indemnitees as provided
above, PROVIDER, upon notice from CITY, shall defend Indemnitees at PROVIDER’S expense
by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. Indemnitees
need not have first paid for any of the matters to which Indemnitees are entitled to
indemnification in order to be so indemnified. The provisions of this section shall survive the
expiration or earlier termination of the Agreement.
3.The provisions of this section do not apply to Claims to the extent
occurring as a result of the CITY’S negligence or willful acts or omissions.
B.Public Liability and Property Damage: PROVIDER shall file with CITY two (2)
copies of a certificate of combined single limit public liability and property damage insurance in
the amount of $1,000,000.00 and which meets the following requirements:
1.Insurance is to be placed with an insurance carrier licensed to do business
in the State of California, with an A.M. Best Rating of no less than A-: VII.
2.No “Deductible” clause larger than $250.00 per claim is permitted.
3.Provides coverage for “all operations of the insured pursuant to the
Operating Services Agreement”, and contains a description of the work performed by the
insured.
4.All signatures must be handwritten on any policy, certificate or
endorsement; rubber stamp signatures are not acceptable.
5.The City of Downey shall be provided an endorsement to PROVIDER’S
Liability Insurance, naming the City and Downey Unified School District as additional insured
as respects to all operations of the insured with such coverage to be primary to “CITY’S
coverage (but only in the event of PROVIDER’S sole negligence).
6.Said endorsement per Item “4” above shall contain a cancellation clause,
reading in substance as the following notice
“It is agreed that this policy shall not be canceled, nor the amounts of
coverage provided herein reduced, without thirty (30) days prior notice of such cancellation or
reduction to CITY.”
7.No policy shall be acceptable unless first approved by the City Attorney.
All policies, certificates and endorsements shall be sent in duplicate to the City Clerk’s Office,
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P.O. Box 7016, Downey, California 90241. The Agreement shall not be executed by CITY until
said insurance is received and approved.
C.Worker’s Compensation: PROVIDER shall at all times during the term of the
Agreement subscribe to and comply with Worker’s Compensation Laws of the State of
California and pay such premiums as may be required hereunder, and hold CITY harmless from
any and all liability arising from or under such act. Prior to any operations beginning performed
under this Agreement, and at such other times as may be requested, it shall be furnished a copy
of the official certificate of receipt, showing payments herein above referred to.
D.Safety:With respect to the services being furnished by PROVIDER under this
Agreement, PROVIDER shall correct safety deficiencies and violations of safety practices
immediately and shall cooperate fully with CITY in the investigation of accidents occurring on
the softball fields. In the event of injury to a patron or customer, PROVIDER shall ensure that
the injured person receives prompt and qualified medical attention, and as soon as possible
thereafter, it shall submit a “City Accident Report” form.
VII.SECURITY PROVISIONS:
Prior to collecting any registration fees under this Agreement, PROVIDER shall furnish
to CITY a certificate evidencing the existence of a Commercial Crime Prevention and Employee
Dishonestly insurance policy insuring PROVIDER in an amount of not less than $25,000 (with a
$250.00 deductible) per occurrence. CITY shall be named as loss payee, and shall be granted the
right to file and process claims under said policy. PROVIDER shall not collect any registrations
fees hereunder until CITY has approved said certificate of insurance.
VIII.TERMINATION OF AGREEMENT/DEFAULT:
:
A.Grounds for Termination CITY may, by written notice to PROVIDER, terminate
the whole or any part of this Agreement at any time either for cause or for the City’s convenience
and without cause by giving written notice to PROVIDER of such termination, and specifying
the effective date thereof, at least ninety (90) days before the effective date of such termination.
PROVIDER may only terminate this Agreement for cause upon giving the City not less than
ninety (90) calendar days written notice.
Upon termination, PROVIDER shall within fifteen (15) calendar days following
termination pay the CITY for all services rendered up to the date of termination, in accordance
with the payment provisions of this Agreement
B.Default: In the event PROVIDER defaults in the performance of any of the terms
or conditions of the Agreement, or fails to conform to the rules and regulations or any of the
directions or instructions that may be properly made by CITY in the exercise of its powers, or
fails neglects, or refuses to pay the CITY’S monies or any part thereof within thirty (30) days
after the same shall become due, or becomes unable though personal incapacity to fulfill his
obligations under the Agreement or defaults in the performance of any of the other terms or
provisions therein required, CITY shall have the following options without further notice or
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authorization from PROVIDER, and its choice of any option shall in no way waive its rights to
select any other option at any time:
A.If the PROVIDER does not cure said default thirty (30) days after written notice
of default (forthwith for a default involving sanitary safety conditions) or make reasonable
progress to cure said default, CITY may terminate the Agreement, assume the operation, and
excluded the PROVDER, and/or;
B.CITY may retain any PROVIDER’S money on deposit in the “Downey Trust
Account” and any of PROVIDER’S property on the softball fields and apply same to the
payment of any and all claims which may be due CITY, and/or;
C.CITY may recover at law any and all claims which may be due CITY, and/or;
D.CITY may perform such work as it deems necessary to cure said default and
charge PROVIDER for the full cost of labor and materials expended, plus thirty percent (30%) of
said cost for administrative overhead. Staff may exercise this option immediately in the event of
a default involving cleanliness provisions of the Agreement. STAFF may exercise this option
within ten (10) days after giving PROVIDER written notice of a default involving maintenance
provisions of this Agreement.
E.In the event of abandonment or other inability of PROVIDER to conduct the
services required herein CITY shall have the right to take immediate possession of all operations.
The acceptance of all or part of a payment by CITY for any period of after a default shall
not be deemed as a waiver of any of these options, nor a waiver of the default or any subsequent
default of the same or any other terms, covenant and conditions. Any waiver by CITY of a
default on the part of the PROVIDER shall not be construed as, or constitute a waiver of, any
subsequent default of the same or any other term, covenant and condition.
In the even CITY defaults in the performance of any of the terms or conditions of the
Agreement, and if a written notice of such default is issued to CITY by PROVIDER by
registered mail, and if CITY does not cure said default within thirty (30) days of receipt of said
notice as evidenced by return receipt of registered mail, then PROVIDER may immediately
terminate the Agreement and recover at law any an all claims which may be due. However, if
PROVIDER fails to notify CITY of its default within sixty (60) days after learning of its
occurrence, then it has automatically waived any and all rights occurring hereunder.
VIII.ASSIGNMENT, BANKRUPTCY:
A.PROVIDER shall not transfer, assign or in any manner convey any of the rights
or privileges therein granted without the written consent of CITY. Neither the Agreement nor
the rights therein granted shall be assignable or transferable by any process or proceedings in any
court, or by attachment, execution, proceedings in insolvency or bankruptcy, either voluntary or
involuntary, or receivership proceedings. In the event of insolvency or bankruptcy, either
voluntary or involuntary, CITY, at its option, may terminate and cancel this Agreement, in which
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event all rights of PROVIDER herein shall cease immediately and possession of softball fields
shall be delivered to CITY.
IX.BUSINESS RECORDS:
A.PROVIDER shall be required to maintain a method of accounting of all receipts
in connection with the performance of its services hereunder which shall correctly and accurately
reflect the gross receipts received by PROVIDER relating to this Agreement. The method of
accounting, including bank accounts established for operations under this Agreement, shall be
separate from the accounting system used for any other business operation of PROVIDER. Such
method shall include the keeping of the following documents:
1.Any accounting records that CITY in its sole discretion deems necessary
for proper reporting of receipts.
2.A log showing the number of teams registered in each league. This log to
be considered an accounting record.
B.All such documents, books and accounting records shall be open for inspection
and reinspection at any reasonable time during the terms of the Agreement and for a reasonable
period, not to exceed one (1) year, thereafter. In addition, CITY may, from time to time, conduct
an audit and re-audit of the books and business conducted by PROVIDER, and observe the
operation of the business so that accuracy of the above records can be confirmed. If the report of
gross receipts made by PROVIDER to CTIY shall be found to be less than the amount of gross
receipts disclosed by such audit and observation, PROVIDER shall pay CITY within thirty (30)
days after billing any additional amounts disclosed by such audit. If discrepancy exceeds two
percent (2%) and no reasonable explanation is giving for such discrepancy, PROVIDER shall
also pay the cost of the audit. All information obtained in connection with CITY’S inspection of
records or audits shall be received and maintained in confidence and shall not be disclosed to
anyone not directly connected with the official business of CITY, to the extent permitted by law.
X.REGULATIONS, INSPECTION AND DIRECTIVES:
A.City Rules: PROVIDER and its employees shall at all times abide by all Rules
and Regulations heretofore adopted or that may hereafter be adopted by CITY and cooperate
fully with CITY employees in the performance of their duties.
B.Law and Ordinances:PROVIDER shall conduct its business in accordance with
all the laws, ordinances, rules and regulations applicable to such business as set forth by the City,
County, State and Federal government.
C.Permissions:Any permissions required by the Agreement shall be secured in
writing by PROVIDER from CITY and any errors or omissions therefrom shall not relieve
PROVIDER of its obligations to faithfully perform the conditions therein, and without regard to
any other basis prohibited by law. PROVIDER shall immediately comply with any written
request or order submitted to it by CITY or STAFF.
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D.Right of Inspection:CITY and STAFF, there authorized representatives, agents
and employees shall have the right to enter upon the subject softball fields at any and all
reasonable times for the purpose of inspection and observation of PROVIDER’S operations.
During these inspections, they shall have the right to utilize photographic devices and other
instruments for recording conditions and events taking place upon the subject softball fields.
Said inspections may be made by persons identified to PROVIDER as City employees, or may
be made by independent contractors engaged by CITY.
E.Standard of Performance:PROVIDER represents and warrants that it has the
qualifications and experience necessary to properly perform the services required under this
Agreement in a thorough, competent and professional manner. PROVIDER shall at all times
faithfully, competently and to the best of its ability, experience and talent perform all services
described herein. In meetings its obligations under this Agreement, PROVIDER shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing
services similar to those required of PROVIDER under this Agreement.
F.Nondiscrimination:PROVIDER shall not discriminate, in any way, against any
person on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the performance of
this Agreement and shall comply with the provisions of the State Fair Employment Practices
Act; the Federal Civil Rights Act of 1964, and all amendments; all administrative rules and
regulations issued pursuant to such acts.
G.Unauthorized Aliens:PROVIDER hereby promises and agrees to comply with all
of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. Sections 110, et
seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should PROVIDER so employ such unauthorized aliens for the performance of work
and/or services covered by this Agreement, and should any liability or sanctions be imposed
against CITY for such use of unauthorized aliens, PROVIDER hereby agrees to and shall
reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all
costs, including attorneys’ fees, incurred by CITY in connection therewith.
H.Severability:In case anyone or more of the provisions contained in this
Agreement for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and the
remainder of the provisions of this Agreement shall continue in full force without impairment.
I.Integration: This Agreement constitutes the entire Agreement of the parties
concerning the subject matter hereof and all prior agreements or understandings, oral or written,
are hereby merged herein. This Agreement shall not be amended in any way except by writing
expressly purporting to be such an amendment, signed and acknowledged by both parties hereto.
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ATTACHMENT 1
BALL FIELD MAINTENANCE SERVICES
Before, during and after each softball season MLS will provide the following services:
The MLS Standard Ball Diamond Maintenance System (SBDMS)
The MLS Field Maintenance Division is managed by MLS's Director of Maintenance Operations
(hereafter "DFM") and his staff. The DFM has integrated his own innovative techniques along
with proven maintenance procedures to create a comprehensive maintenance system that renders
ball field conditions that have proven both safe and enjoyable for program participants.
The Major League Softball SBDMS consists of two distinct elements: Periodic Field Repair
Services and the Infield Treatment Program.
Periodic Field Repair Services
To the extent that adult softball play impacts the fields allocated for league use, the following
repair services will be performed on each field programmed for adult softball:
1.Survey the traction (infield) area each season to evaluate the existing grade and decide
which equipment and grading method should be employed to bring the infield(s) to the
proper grade. See Paragraph #3 below for specific details regarding grading equipment
and methods.
2.After surveying the traction area of each infield, obtain and provide whatever amount of
traction material ("Angel Mix", decomposed granite, etc.) is necessary to buildup the
infield(s) that have suffered significant material displacement if additional traction
material is needed to create a level grade. It must be clearly understood that the SBDMS
traction material replacement feature is limited to replacing only those quantities of
material that have been lost or displaced due to adult softball use. The SBDMS will not
include replacement of traction material when such material loss or displacement is
caused by weather and/or athletic uses such as baseball, youth softball, soccer, school
programming or any field uses other than adult softball.
3.On three (3) occasions per year, grade the traction area of each infield using a skip loader
and "Gannon" grading box. Traction material will be added where necessary during the
grading process. Traction material purchases will be prorated such that MLS will pay for
traction material only to the extent of the SBDMS material replacement feature defined in
Paragraph 2 above and the City will pay for the portion of each traction material purchase
that is needed due to non-adult softball uses and/or weather. To ensure optimal drainage,
safety and playability on each infield allocated for adult softball league play, MLS
strongly recommends that each infield is laser leveled on one (1) occasion per year. Upon
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approval from the City for laser leveling services MLS will invoice the City the sum of
$500.00 per infield after rendering laser leveling services.
4.On a seasonal basis, survey the outfield (sodded) area to determine which areas are worn
or damaged due to adult softball use. It must be clearly understood that this SBDMS sod
replacement feature is limited to damage or wear that is specifically caused by adult
softball use only. Worn or damaged areas of a softball outfield that have been caused by
other activities or athletic uses such as soccer, rugby or football will not be considered
part of the outfield area that will be repaired by the SBDMS.
5.When necessary, obtain and provide whatever type of sod that is currently used as
outfield turf (i.e. bermuda, perennial rye, etc.) MLS will supply enough sod to completely
fill those areas which are heavily impacted by softball league play. MLS will use proper
sod cutting equipment to remove damaged, worn or diseased sod and replace it with
healthy 3' by I' lengths. During the planting process, MLS will add all necessary
amendments (recipe to be mutually agreed upon between the appropriate City staff
member(s) and the DFM) to ensure proper mending and growth.
6.Measure the distances from home plate, between base anchors, and to the pitcher's plate
(rubber) to ensure that they fall within the specifications set forth in the SCMAF rule
book. At this time, all base anchors, home plates and pitchers' plates will be thoroughly
checked for excessive wear or defects; and a written status report will be submitted to the
appropriate city staff member(s).
7.Using a light meter, MLS will test the candle foot power (lux) for each infield and
outfield. In the event that an existing candle foot reading does not comply with the State
of California's minimum standard for ball field use, a written diagram illustrating the
location and quantity of each reading will be provided to the appropriate city staff
member(s).
8.When necessary, the perimeter border edge (the line where infield traction material meets
outfield turf) will receive special attention to eliminate any berm or ridge that develops
from frequent use. MLS will dethatch, scalp and water blast the perimeter edge such that
it will remain free of infield mix buildup. It must be clearly understood that this infield
perimeter border edge repair feature is limited to repair of damage caused by adult
softball use only. The SBDMS will not provide repair of perimeter border edges when
such repairs are caused by weather and/or athletic uses such as baseball, youth softball,
soccer, school programming or any field uses other than adult softball.
MLS will evaluate the existing conditions on each softball field allocated for adult softball
program each year during the term of the contract. If the existing conditions on each softball
field do not meet industry standards then MLS will prepare a written estimate of proposed
renovation services with MLS's customary charges for such services. In such situations, the City
agrees to either accept MLS's proposal and pay MLS to renovate said softball fields or the City
will bear the responsibility for bringing said fields up to industry standards for safety and
playability.
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Periodic Repair Services are provided to ensure that all playing surfaces are kept available for
use. It is mutually understood that the City has its own, separate parks maintenance staff and/or
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parks maintenance program. The SBDMS is a parks maintenance program and is
designed to alleviate the City’s park maintenance responsibilities.
Infield Treatment Program
After necessary Periodic Repair Services have been completed, each softball field will be ready
for the opening day of the season. Beginning on opening day, MLS's Field Maintenance staff
will perform an Infield Treatment on each field scheduled for league play.
The Infield Treatment Program takes into account that specific locations (referred to as “high-
impact areas”) on each softball diamond endure heavy use and thus require special attention.
High-impact areas such as batter’s boxes, catcher’s and umpire’s places behind home plate, the
pitcher’s mound, the base paths, and the sliding areas around the base anchors will receive
additional watering and scarifying on a daily basis; and traction material will be added when
needed. A Daily Infield Treatment consists of the following steps that are performed on each
day a field is scheduled for league play:
1.Large quantities of displaced material from high-impact areas will be back-filled using
the front scoop of a John Deere 1200 ball field conditioner.
2.The entire traction area will be watered, with additional quantities applied to high-impact
areas.
3.As needed, the entire traction area will be scarified using a variety of depth settings,
depending on the existing condition of the field. MLS staff uses scarifiers that come as
standard attachments on John Deere 1200 ball field conditioners. The JD 1200 scarifier is
54 inches wide and can be set to depths ranging from one to six inches. Extra care will be
exercised when scarifying next to perimeter edges, base anchors, home plates, pitcher's
plates, backstops and chain link fencing. (Experience has shown that this process renders
a consistent infield texture that significantly reduces the number of injuries related to bad
bounces and sliding on hard or unlevel surfaces.)
4.The JD 1200 grading/leveling attachment and a "screen" drag will then be employed to
evenly distribute traction material over the entire traction area surface of the infield
leaving a smooth surface.
5.Finally, the field shall be lined as prescribed by the SCMAF rule book. Using a batter's
box template and string, MLS staff will set down the batter's boxes, foul lines, coaches'
boxes, first base running line, and on-deck circles. Appropriate city staff member(s) will
be consulted, so that MLS will use only field marking materials that have been approved
by the City's Parks Maintenance Division.
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, it does not include
While the SBDMS is quite comprehensive the following landscape and
parks maintenance tasks: seeding, aeration, fertilization, mowing, watering of outfield areas,
irrigation system repair, or infield mix replacement that becomes necessary due to weather or
uses other than adult softball.
City Responsibilities
The City agrees to maintain in safe condition all park fixtures such as: poles, light fixtures, light
bulbs, bleachers/seating apparatus, playground equipment, chain link fencing (including but not
limited to "dugout", "backstop", "out of play" and "outfield/home run" fences), base anchors,
home plates and pitcher's rubbers. MLS will not be held responsible to defend or indemnify the
City against any claims for personal injury, death or property damage that in any way arise from
or relate to (i) the condition of said park fixtures, or (ii) the design and/or construction of park
facilities allocated by the City for adult softball play, regardless of whether such claims involve
program participants, program spectators or members of the general public.
Unless MLS fails to notify the city about deficiencies relating to home plates, pitcher’s rubbers,
and base anchors the City agrees to defend and indemnify MLS against all claims and liabilities
arising out of or in any way relating to (i) the condition of the aforesaid park fixtures or, (ii) the
design and/or construction of park facilities allocated by the City for adult softball play,
regardless of whether such claims involve program participants, program spectators or members
of the general public.
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