HomeMy WebLinkAbout8.1 Sports Field Use Policy Update ����������
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� '������� STAFF REPORT
�'�►���/ PARKS AND COMMUNITY SERVICES COMMISSION
DATE: November 14, 2016
T�: Honorable Chair and Commissioners
FROM: Andrew Freeman,Business Services Manager
SUBJECT: Sports Field Use Policy Update
IXECUTIVE SUMMARY:
The Commission will review the Sports Field Use Policy update. The update seeks to provide greater clariry
on user group access to City sport fields.
FINANCIAL IMPACT:
Financial impact will be minimal to negligible. Changes will be tracked for the initial cycle to review service
and operational impacts.
RECOMMENDATION:
Receive the Report.
DESCRIPTION:
Usage of the City's sport fields in FY 2015-2016 exceeded 16,100 hours. Over 85 percent of this field usage
was generated by two users promoting youth sports. Currendy, both user groups are accessing City fields
under Group 2 Dublin Sports League Organizations (Youth) category.
To sustain this level of youth access to Ciry fields Staff is recommending that the City enter into a
Metnorandum of Understanding (MOU) with Dublin Litde League and Dublin United Soccer League. With
an approved MOU, the City and Dublin Sports League Organizations will have an agreement on scheduled
reservation periods, field maintenance expectations, concession stand practices, insurance requirements,
tournament allowance per year, and safety for minors. The scheduled reservation periods in the MOUs will
open more opportuniries for other user groups to schedule field use. This opportuniry is the result of
requiring these specific groups to reserve space earlier and more accurately. Furthermore, adjustments to
field reservations, including cancellations, have been changed from 10 to 90 days to free up field inventory
earlier. The increased reservation and cancellation lead time creates additional capaciry for City fields to be
booked by emerging youth groups and other users.
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ITEM NO: 8.1
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These two groups will continue to be subject to adopted City field rates, rules, regulations and other pertinent
City policies governing field use. The MOUs will help establish the baseline of collaboration in supporting
youth services at City fields. Establishing future MOUs with additional youth sport organizations will be
measured on youth participation, sustained service demand, field usage fulfillment, payment history, local
based operarions (e.g., oversight of business and management within City limits) and other service impacts
such as concessions and maintenance. As an addendum to this communication the Department is submitting
MOU's for Dublin United Soccer League and Dublin Litde League for Commission review and City Council
approval.
Presendy, the MOUs are under review by Dublin Litde League and Dublin United Soccer League.
Administrative team members expect to hear from the groups shordy to advance the compleuon of the
MOUs.
Reservation rates will remain the same for Dublin Youth Sports Organizarions until new fees have been
adopted by City Council. Current Dublin Youth Based Sport Organization rates are $7.00 grass, $25.00
synthetic and$25.40 for lights.
In addirion to the MOUs the Administration seeks to clarify the components of the Sports Field L'se policy
by breaking it into four parts: policy, procedure, fees, and application. The policy section focuses on rules
governing field use such as inventory of fields, establishing eligible users groups and reservation privileges for
users. This section is subject to Ciry Council review and approval prior to any changes becoming effective.
The Administration is making the following category changes to help streamline procedural and application
processes for users. The left side of the table represents the current list of user group classifications. The
right side of the table represents the proposed user group classifications.
Current User Grou Classifications Pro osed User Grou Classifications
Group 1 - Public Agencies-Agencies serving the City Dublin Sports League Organizations - Organized
of Dublin including Alameda County, Dublin-San sports league groups: Youth Sport League
Ramon Services District, Dublin Unified School Organization at least 75% Dublin Residents.
District.
Resident - Individuals or businesses must reside or '
Gtoup 2 - Dublin Sports League Organizations- own property within the Dublin City limits.
Organized sports league groups: Youth Sport League
Organization at least 75% Dublin Residents. Adult Non-Profit Organizations - Organized nonprofit
Sports League Organization at least 51% Dublin groups with current 501 (c) 3 or 501 (c) 4 status. A
Residents. submitted and approved "Non-Profit Organization
Verification Form" must be on file.
Group 3 - Dublin Chamber of Commerce, Dublin
Charitable and Social Welfare Organization- Non-Resident - Individuals or businesses who do
Organized non-profit groups with current 501(c) 3 or not reside or own property within the Dublin City
501 (c) 4 IRS status, whose membership is open to limits.
the public and whose primary purpose is to serve the
Dublin community. The organization's membership Comrnercial - Individuals, or businesses- whose
must be at least 51% Dublin residents. An events have a fee or include the sales of goods or
organizational file must be completed on an annual services.
basis to receive the priority and fees of this
classification. Regional and National non-profit
groups that do not meet the 51% resident
membership requirement may submit a letter
addressed to the Parks & Community Services
De artment that demonstrates the direct communi
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benefit of the facility use. Such letter will require the
approval of the City Manager or their designee.
Group 4 - Individuals of Other Groups-Groups who
do not meet the criteria listed above and/or activities
such as games or practices, etc. a) Resident
(individuals must reside or own property within
Dublin City I.imits; Groups must have membership
made up of at least 51% Dublin residents; current
roster must be submitted with application) b) Non-
Resident.
Group 5 - Commercial Uses-Companies, groups or
individuals whose pracrices, clinics, camps or games
have an admission fee or include the sales of goods
or services, including those contracted by any field
lessees, regardless of classification; a) Resident
(organization or individual must be located within the
Dublin City Limits and have current City of Dublin
Business License. If there is no company facility,
person responsible for event must reside or own
property within the Dublin City Limits). b) Non-
Resident.
These changes will provide a better experience for users as field eligibility requirements are more concise.
The revised description of eligible users is expected to decrease the rental review process without
compromising quality leading to more planning and implementation time for users. The table below
represents the current (left side) and the proposed (right side) priority reservation windows for user groups.
Current Priori User Grou Reservation Pro osed Priori User Grou Reservation
Group 1 and 2 - Reservations accepted up to six Dublin Sports League Organizations- Youth
months in advance of requested dates of use. For Sports 75% Residents - Reservations accepted in
use from March 1 July 15, Dublin Litde League will advance of all other user groups.
have priority use of the baseball fields at Dublin
Sports Grounds, Emerald Glen Park and Fallon Resident - Reservarions accepted up to twelve (12)
Sports Park. For use from July 16-December 15, months in advance of requested dates of use.
Dublin United Soccer League will have priority for
use of the soccer field at Dublin Sports Grounds, Non-Profit Organizations - Reservations accepted
Emerald Glen Park and Fallon Sports Park. up to eleven (11) months in advance of requested
dates of use.
Group 3 and Group 4 (Resident) - Reservations
accepted four months in advance of requested dates Non-Resident - Reservations accepted ten (10)
of use. months in advance of requested dates of use.
Group 4 (Non-Resident) and Group 5 - Commercial - Reservations accepted up to nine (9)
Reservations accepted two months in advance of months in advance of requested dates of use.
requested dates of use.
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r1ll users under the proposed user group column will gain at least four additional months to reserve field
space. The final changes disallow users groups from subletting time to other groups, and the removal of
casual use. Casual use like all other field use requires insurance. As such these users will need to submit a
field application under one of the five available user categories.
The Sports Field Use Application and Sports Fields Use Procedures will be updated by Staff to match market
condirions and manage field use related to insurance requirements, rental information, cancellations and
payment schedules to maintain operational effectiveness. This flexibiliry will support the City's
competitiveness to maintain field access and keep fields usable. Policy and fee changes will require City
Council review and approval.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACH M ENTS:
1. Memorandum of Understanding for Dublin United Soccer League
2. Memorandum of Understanding for Dublin Litde League
3. Current Sports Field Use Policy
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ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
(Dublin United Soccer League)
This Memorandum of Understanding ("MOU") dated , is entered into by and
between the City of Dublin (the "City") and the Dublin United Soccer League, a California
nonprofit corporarion ("DUSL"). The City and DUSL are each individually referred to as a
"Party" and collecrively referred to as the"Parties."
RECITALS
WHEREAS, the Parties`vish to collaborate to promote healthy recreational acrivities for
youth in the City of Dublin; and
WHEREAS, during the 2015-16 fiscal year,usage of city sports fields exceed 16,100 hours,
with over eighty-five percent (85%) by Dublin sports leagues; and
WHEREAS, to facilitate such activities, City wishes to continue to pernut DUSL use to
certain City fields and facilities.
WHEREAS, the Parries now wish to enter into a memorandum of understanding to
bring clarity to their joint commitment and to set out in general terms the vaYious roles each
Party will play and procedures to be followed;and
NOW THEREFORE, the Parties hereby agree as follows:
Secrion 1. Pur�ose of this MOU. This MOU is intended to detail field reservarion
periods, field maintenance expectations, concession stand practices,insurance requirements,
timeliness to pay fees for approved use, tournament allowance per year, and safety for minors.
Section 2. Good Faith Efforts to Negotiate. The Paxries shall bargain in good faith on
any and all issues prior to electing to terminate this MOU as set forth in Secrion 7.
Section 3. Terms. The negotiations hereunder shall be based on the following general
principles and responsibilities:
A. Use of City facilities, fields or park property
1. DUSL will have exclusive access to the city facilities and fields from March 1 -July 15 per
season subject to the condirions of this MOU and the City's adopted Sports Fields Use
Policy (the"Field Use Policy") available at htt�://www.dublin.ca.�ov/,_359/S�orts-Fields-
Coutts
2. DUSL will have exclusive use of certain City facilities and fields (the "City Facilities and
Fields"), listed in the attached Exhibit A,but only after securing a permit for purposes of
scheduling the city facilities.
3. CITY has the right to schedule the City Facilities and Fields on dates not secuzed by DUSL.
4. DUSL shall not to sublet City Facilities and Fields without obtaining prior written
permission from the CITY.
5. DUSL shall not use any City Facilities and Fields for any use other than those prescribed in
the Field Use Policy,unless obtaining the prior written consent of CITY.
6. Subject to City appYOVaI DUSL may place a storage container at City Faciliries and Fields for
the purpose of storing of field maintenance equipment. The City at its discretion may
charge a fee for the use of this space. These containers need to be properly maintained and
remain graffiti free.
7. Subject to City Approval DUSL may rent park concession stands at City Facilities and Fields
so long as a DUSL representative has Servsafe Food Safety Managex Training and
Certification on file with the City at the time of the booking Yequest and their agency meets
all Health Departrnent requirements, as set forth in the Sports Field Use Policy.
8. Onsite event vendors of any kind need to be approved in advance of any rental and all
proper papenvork need to be on file with the City 30 days prior to the rental date, as set
foYth in the SpoYts Field Use Policy.
9. Subject to City AppYOVaI DUSL may place goal posts on City fields. The placement of such
goal posts may be subject to a City fee. DUSL is responsible for the proper storage of goal
posts and the xeplacement of nets.
10. Any use of permanent or semi-permanent banner/flags/sponsorship signs may be put up
each morning and must be taken down each day throughout the approved permitted use of :
City facilities and fields.
11. Neither vendors nor teams are allowed to sell items without prior approval and proper
paperwoxk on file with the City 30 days prior to the actual event date, as set forth in the
Sports Field Use Policy.
12. Additional fees may apply for changes outside of the original approved use permit and are
sepaxate and apart from any agreed upon rental fee for use of any one of the City Facilities
and Fields.
13. DUSL shall conform to all of the City's rules, policies and Yegulations for the use of City
Facilities and Fields.
14. DUSL shall not hire employees or volunteers who will have supervisory or disciplinary
authority over minors who have been convicted of any offense identified in Califoxnia
Public Resources Code Section 5164. DUSL shall fully indemnify, defend and hold
harmless Ciry from all claims, demands, causes of action, or liabilities resulting from any
such hiring. DUSL shall notify City immediately in writing of any violarion of this provision
upon discovery.
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15. DUSL shall also not employ any person, paid or unpaid, who is permitted to provide
services requiring contact with children or providing food concessionaire services or othex
licensed concessionaire services in that area,unless DUSL has complied with the TB testing
requirements set forth in Section 5163 of the CalifoYnia Public Resouxces Code.
16. DUSL, shall follow the pxocedures specified in Exhibit B entitled, `Bmployee/Volunteer
Clearance Verification and Compliance with the Child Abuse and Neglect RepoYting Act"
attached heteto.
B. Rental Fees
1. DUSL will pay a 10%of xental fees at the time of booking(contract issued) and the
balance due 60 days (two full months prior to the booking month). For example: All rental fees
associated with bookings from March 1-March 30 must be paid in full by January 1 st. City Faciliries
and Fields must be released 90 days in advance for a full refund. Changes (cancellations is
considered a change) of any type with 90 days of the booking forfeits all fees and in some cases will
create a balance due. Overbookings are discouraged. Staff will compare Yequests with last year's
rental schedule. Additional fields being held will need to be explained.
2. Picnic area adjacent to field(s) that may be impacted during a rental must be reserved
by DUSL,in advance, as a part of the original reservation.
3. Rental fees can only be changed upon mutual written agreement by DUSL and
CITY.
C. Scheduling
1. The PaYries agree that early scheduling is beneficial to the City and all involved
paxties. DUSL will have the opportunity to submit xental needs by November 1 each year for
the following year (with DUSL prioriry being July 16t"-December 15th).
2. DUSL may schedule up to four soccer tournaments per year. Tournaments
consist of multiple field use (at least two (2) fields)) plus more than 4 hours of use. Tournament
events cannot exceed three (3) days. Tournaments in excess of the conditions described must
receive approval from the Director of Parks and Community Services and may be subject to
addirional fees.
3. City will require DUSL to pay janitorial/attendant costs when 50% or more of
the park fields have games or practices at one specific time for more than four (4) hours on any
given day and/or when 75 people oY more will be on site. Upon approval of such an event(s)
the City will invoice DUSL of the required fees for usage.
4. DUSL will supply CITY with field and/or facility usage schedules as a part of the
permitting ox Yeservation process by November 1 each year for the following year.
5. City Facilities and Field usage requests may be approved oY denied at the CITY's
discretion.
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D. Condition and Maintenance of Property
1. CITY agrees to maintain the City Facilities and Fields based on available annual
funding approved by City Council for park maintenance standards,which presendy includes,but not
limited to:mowing once per week,genexal maintenance,and annual prepping of City Facilities and
Fields. Park maintenance standaxds will be adjusted as needed by the Ciry to match the subsidy
approved by Ciry Council.
2. CITY agrees to assist DUSL, whenever possible, with any unique, one-time, or
specialized maintenance as needed.
3. DUSL will be responsible for all game day and seasonal field preparation and will
follow all of the rules and regulations set forth by CIT'Y for performing maintenance on Ciry
Facilities and Fields by any outside agency staff or volunteer.
4. CITY will allow DUSL the right to store required materials and tools in specific,
assigned areas or containers for the purposes of field or facility maintenance deemed appropriate to
perform such activities.
5. DUSL stores equipment and materials at their own risk.
6. DUSL will provide parking attendants to reduce traffic issues during high impact
park usage and/or tournaments. High unpact is defined as the use of multiple fields (i.e., at least
two fields) and/or participation of 75 people at the site.
Secrion 4. Indemnificarion.
DUSL shall defend,indemnify and hold harmless City,its officers, agents and employees
("City Indemnitees") from and against any and all claims, demands, causes of action, or liabilities
incurred by City Indemnitees arising,in whole or in part, direcdy or indirectly, from DUSL's acts
or omissions under the Agreement or any act or omission of DUSL's officers, agents,
emploYees, contractoxs, or persons entering City property under this Agreement with the
express or implied permission or invitation of DUSL, except as may arise from the gross
negligence or willful misconduct of City Indemnitees. In any acrion or claim against CITY in
which DUSL is defending CITY, CITY shall have the right to approve legal counsel providing
CITY's defense and such approval shall not be unreasonably withheld.
DUSL further agrees to release CIT'Y from any and all claims for any damages,including
property damage,injury or death occurring or arising out of use of Parties'use of the property,
except as may be caused by the CITY's gross negligence or willful misconduct.
Section 5. Counter�arts. This MOU may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one instrument.
Section 6. Insurance. DUSL shall, at its sole cost and expense, and foY the full term .
of this Agreement, obtain, maintain and provide CITI'with proof of at least all of the minimum
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insurance requirements as described in this MOU, Exhibit C, priox to commencing any
operarions or occupying any space under this Agreement.
Section 7. Term. The provisions of this MOU shall continue from the effecrive date
of this MOU unless terminated by either paYty by providing six (6) months'written notice of
its intent to discontinue the terms of the MOU as set forth in this document. If DUSL provides
written notice of its intent to terminate, it shall vacate any and all City Facilities and Fields on or
before the date of termination. Upon termination, DUSL shall return keys (if any) to the CITY,
remove all property owned by DUSL from City property and return all facilities in as good
condirion as when received.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding,
effecrive as of the date first written above.
CIT'Y OF DUBLIN
By:
James M. Rodems, Director of Parks and Community Services
Date:
DUBLIN UNITED SOCCER LEAGUE
By:
,Board President
Date:
114.1001 2721517.1
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EXHIBIT A
CITY FACILITIES AND FIELDS
Game Facilities and Fields
1. Dublin SpoYts Grounds, located at 6700 Dublin BoulevaYd
2. Emerald Glen Park,located at 4201 Central Parkway
3. Fallon Sports Park, located at 4605 Lockhart Stteet
4. Ted Fairfield Park,located at 3400 Antone Way
Practice Facilities and Fields
1. Kolb Paxk, located at 8020 Bristol Road
2. Passatempo Park, located at 3200 Palermo Way
3. Positano Hills Park,located at 2301 Valentano Dxive
4. Schaefer Ranch Park, located at 9595 Dublin Boulevard
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EXHIBIT B
EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE
WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT
If DUSL provides services involving minors, and as a CITY-approved method of complying
with the provisions contained in this MOU, DUSL shall conduct a cxirninal backgYOUnd check
through the database of the California Department of Jusrice and an FBI criininal database or ,:
equivalent national database as approved in writing by DUSL's liability insurance provider„ on
each of its employees and volunteeYS who have supervisory or disciplinary authority over ,
minors.
DUSL shall also comply with the provisions of the Child Abuse and Neglect Reporting Act,
California Penal Code SECTION 11164 et. .req. Additionally, DUSL certifies the following:
1. Any and all personnel employed or retained by DUSL in conducting the operations of
DUSL's program shall be qualified to perform the duties assigned to them by DUSL. DUSL
agrees that DUSL shall not at any time allow its employees or volunteers to be in any
position with supervisory or disciplinary authority over minors,if they have been convicted
of any offense identified in California Public Resources Code SECTION 5164.
CITY and DUSL understand that results of background checks on minors may be
confidenrial under state law. Therefore, all employees oY volunteers must be at least 18 years
of age if they are to be in a position having supervisory or disciplinary authority over any
minor.
If DUSL intends to have employees or volunteers under the age of 18 providing services
under this MOU,DUSL shall maintain and make available to CITY,if requested,guidelines,
procedures or policies that safeguard and ensure that no employees or volunteers under the
age of 18 will be providing services under this MOU that are unsupervised and further
DUSL shall ensure that none of its employees or volunteers under 18 years of age have any
supervisory or disciplinaYy authority over any minor, as such term is used in California Public
Resources Code SECTION 5164.
2. DUSL shall be responsible for ensuring that no person who has supervisory or disciplinary
authority over minors,who is paid or unpaid by DUSL, shall be permitted to provide
services unless appropriate background checks,including fingerprints, have been performed
prior to the beginning of services under this MOU, and the person meets the standards set
forth above. If requested by CITY, and to the extent allowed by law, DUSL shall prompdy
provide documentation listing each person that has provided or is providing services
hereunder involving supervision or disciplinary authority over minors, and certifying that
DUSL has conducted the proper background check on such person ox persons, and each of
the named persons is legally permitted to perform the services described in this MOU.
Regardless of whether such documentation is requested or delivered by DUSL, DUSL shall
be solely responsible for compliance with the provisions of this SECTION.
3. That no person paid or unpaid by DUSL shall be permitted to provide services requiring
contact with children or providing food concessionaire services or other licensed
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concessionaire services in that area,unless DUSL has complied with the TB testing
requirements set forth in SECTION 5163 of the California Public Resources Code,verifying
that the person or persons has provided evidence/verification of a negative TB skin test
reading less than two (2) years old (if newly hired) or within four (4) years (if current
employee) of the date of execution of this MOU and every four (4) years thereafter,if the
term of this MOU exceeds four (4) yeaYS.
For persons with a�ositive TB skin test readin�, a physician's medical clearance must be
obtained prior to services being provided as specified above. DUSL shall keep on file each
"Cerrificate" of clearance for the persons described above, and shall also make available a
copy of each Certificate to CITY,if requested and allowed by law. "Certificate" means a
document signed by a licensed examining physician and surgeon or a notice from a public
health agency or unit of the tuberculosis association which indicates freedom from acrive
tuberculosis.
4. DUSL understands that if services are rendered on a school site, theYe may be addirional
requirements that may apply including without limitation,requirements undeY the California
Educarion Code. DUSL, acknowledges that it is DL`SL's sole responsibility to comply with
all applicable laws,regulations and licensing requirements in DUSL's provision of services
hexeunder.
I, DUSL by signing below verify that I have read and agree to the above:
Signature/Tide Date
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EXHIBIT C
INSURANCE REQUIREMENTS
Before beginning any work under this Agreement, DUSL, at its own cost and expense, shall
procure "occurrence coverage" insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work hereunder by the
DUSL and its agents, representatives, employees, and subcontractors. DUSL shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms
of insurance satisfactory in all respects to the City. DUSL shall maintain the insurance policies
required by this section throughout the term of this Agreement. DUSL shall not allow any
subcontractor to commence work on any subcontract until DUSL has obtained all insurance
required herein for the subcontractor(s)and provided evidence thereof to City. Verification of
the required insurance shall be submitted and made part of this'Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits shall
be available to City as an additional insured. Furthermore,the requirements for coverage and
limits shall be (1)the minimum coverage and limits specified in this Agreement; or(2)the
broader coverage and maximum limits of coverage of any insurance policy or proceeds available
to the named insured; whichever is greater. The additional insured coverage under DUSL's
policy shall be"primary and non-contributory" and will not seek contribution from City's
insurance or self-insurance and shall be at least as broad as CG 20 O1 04 l2. In the event DUSL
fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase
the coverage required and the cost will be paid by DUSL. Failure to exercise this right shall not
constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement
providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty(30)
days' prior written notice to City of such cancellation, change, or lapse.
I. Minimum Scope and Limit of Insurance
There shall be na endorsements reducing the scope of coverage required below unless :
approved by the City's Risk ManageY.
Type of Insurance Minimum Limit
1. Commercial General and Automobile Liability $1,000,000 per
Insurance occurrence fox :
bodily injury,
DUSL, at its own cost and expense, shall maintain personal injury and
commercial general and automobile liability insurance for property damage or
the term of this MOU in an amount not less than ONE $2,000,000 annual
MILLION DOLLARS ($1,000,000) per occurrence, aggregate.
combined single limit coverage for risks associated with the
work contemplated by this MOU. If a Commercial General
Liability Insurance or an Automobile Liability form or other
form with a eneral a e ate limit is used, either the eneral
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aggregate limit shall apply separately to the work to be
performed under this MOU or the geneYal aggregate limit
shall be at least twice the required occurrence limit. Such
coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property
resulting from activities contemplated under this MOU,
including the use of owned and non-owned automobiles.
Comxnercial general coverage shall be at least as broad as
Insurance Services Office Commercial General Liability
occurrence from CG 0001. Automobile coverage shall be at
least as broad as Insurance Services Office Automobile
Liabili form CA 0001 Code 1 "an auto" .
2. Abuse and Molestation Coverage Not less than
$100,000 each
Including coverages for any loss sustained or cost of occurrence
defense of a claim of abuse and molestation arising from
the negligent hiring, training, retenrion or supervision of
any employees ox volunteers.
3. Workers' Compensation and Employer Liability $1,000,000
DUSL, at its sole cost and expense maintain Statutory
Workers' Compensarion Insurance and Employer's Liability
Insurance for any all pexsons employed dixectly or indirecdy
by DUSL. The Statutory Workers' Compensation Insurance
Employer's Liability Insurance shall be provided with limits
not less than ONE MILLION DOLLARs ($1,000,000) per
accident. In the alternarive, DUSL may rely on a self-
insuYance program to meet those requirements,but only if
the program of self-insurance program meets the standards
of the Labor Code shallbe solely in the discrerion of the
Contract Administratot. The insurer,if insurance is
provided,or DUSL,if a program of self-insurance is
provided,shall waive all rights of subrogation against the
City and its officers, officials, employees, and volunteers foz
loss arising from work performed under this MOU. An
endorsement shall state that coverage shall not be canceled
except after thirty (30) days'prior written notice by certified
mail, return receipt Yequested, has been given to the City.
DUSL shall notify Ciry within 14 days of notification from
DUSL's insuter if such coverage is suspended,voided, oY
reduced in coverage or in limits.
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II. Other Insurance Requirements
1. Additional Requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insuted with respect to each of the following: liability arising out of
activities perfoxmed by oY on behalf of DUSL, including the insured's general
supervision of DUSL: products and completed operations of DUSL,premises
owned, occupied, oY used by DUSL, and automobiles owned,leased, or used
by DUSL. The coverage shall contain no speciallimitations on the scope of
protection afforded to Ciry or its officers, employees, agents or volunteers.
b. The insurance shall cover on an occuYxence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insuxance or self-insurance maintained by the City shall be called upon to
conttibute to a loss under the coverage.
d. Any failure of DUSL to comply with reporting provisions of the policy shall
not affect coverage provided to City and its officers, employees, agents, and
volunteers.
e. An endorsement shall state that coverage shall not be canceled except after '
thixty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the City. DUSL shall notify City within 14 days of
notification from DUSL's insurer if such coveYage is suspended,voided or ;
reduced in coverage oY in limits.
f. All insurance required is to be placed�vith insurers having a Bests' rating of
no less than A:VIL
g. Prior to beginning any work under this MOU, DUSL shall furnish City with
certificates of insurance and with otiginal endoYSements effecting covexage
requiYed hexein. The certificates and endorsements for each insuYance policy
ate to be signed by a person authorized by that insurer to bind coverage on its
behalf. The City reserves the right to require complete, certified copies of all
required insurance policies and endorsements. Failure to exercise this right
shall not constitute a waiveY of right to exercise later.
h. DUSL agrees to include with all subcontractors in their subcontract the same
requirements and pYOVisions of this MOU including the Indemnification and
Insutance requirements to the extent they apply to the scope of the
Subcontactors hired by DUSL agree to be bound to DUSL and the City in
the same manner and to the same extent as DUSL is bound to the City under
the MOU documents. Subcontractor further agrees to include these same
ll
provisions with any Sub-subcontractor. A copy of the Ownet Contract
Document Indemnity and Insutance provisions will be furnished to the
Subcontractor upon request. The Genexal contractor shall require all
subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any
woxk and will provide pxoof of compliance to the City.
i. The City may approve a variation in the foYegoing insurance requirements,
upon a determination that the coverages, scope, limits and fotms of such
insurance are eithet not commercially available, or that the City's interest are
otherwise fully protected.
j. All self-insured Yetentions (SIR) and/or deducribles must be disclosed to the
City for approval and shall not reduce the limits of liabiliry. Policies
concerning any self-insuxed retention pYOVision and/or deductible may be
satisfied by either the named insured ox the City.
k. In the event that any coverage required by this section is reduced,limited or
materially affected in any other manner, DUSL shall provide written norice to
City at DUSL's earliest possible opportunity and in no case later than five
days after DUSL is notified of the change in coverage.
L In addition to any other remedies City may have if DUSL fails to provide or
maintain any insurance policies or policy endorsements to the extent and
within the time herein required,City may,at its sole oprion exercise any of the
following Yemedies,which are alternatives to other remedies City may have
and are not the exclusive remedy for DUSL's bxeach:
• Obtain such insurance and deduct and retain the amount of the
premiuxns for such insurance fxom any sums due under the MOU;
• OrderDUSL to stop wotk under this MOU or withhold any payment
that becomes due to DUSL heYeunder, or both stop work and
withhold any payment,until DUSL demonstrates compliance with the
requirements hereof; and/ot
• Terminate this MOU.
272292G.2
12
ATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
(Dublin Little League)
This Memorandum of Understanding ("MOU") dated ,is entered into by and
between the City of Dublin (the"City") and the Dublin Little League, a California nonpxofit
corporation ("DLL"). The City and DLL are each individually referred to as a"Party" and
collecrively referred to as the "Parties."
RECITALS
WHEREAS, the Parties wish to collaborate to promote healthy recreational activities for
youth in the City of Dublin; and
WHEREAS, during the 2015-16 fiscal year,usage of city sports fields exceed 16,100 hours,
with over eighty-five percent (85%) by Dublin sports leagues; and
WHEREAS, to facilitate such acriviries, City wishes to continue to permit DLL use to
certain City fields and facilities.
WHEREAS, the Parties now wish to enter into a memorandum of understanding to
bring clarity to their joint commitment and to set out in general terms the various roles each
Party will play and procedures to be followed; and
NOW THEREFORE, the Parties hereby agree as follows:
Section 1. Pur�ose of this MOU. This MOU is intended to detail field reservarion
periods, field maintenance expectations, concession stand practices,insurance requirements,
timeliness to pay fees for appxoved use, tournament allowance per year, and safety for minoYS.
Section 2. Good Faith Efforts to Negotiate.The Parties shall bargain in good faith on
any and all issues prior to electing to terminate this MOU as set forth in Section 7.
- Section 3. Terms. The negotiations hereunder shall be based on the following general
principles and xesponsibilities: '
A. Use of City facilities, fields or park properry
1. DLL will have exclusive access to the city facilities and fields from March 1 -July 15 per
season subject to the conditions of this MOU and the City's adopted Sports Fields Use
Policy (the"Field Use Policy") available at htt�•//w�vw dublin ca gov/35)/St�orts-Fields-
Courts
2. DLL will have exclusive use of certain City facilities and fields (the "City Facilities and
Fields"),listed in the attached Exhibit A,but only after securing a permit for purposes of
scheduling the city facilities.
3. CITI'has the right to schedule the City Facilities and Fields on dates not secured by DLL.
4. DLL shall not to sublet City Facilities and Fields without obtauung prior written permission
from the CITI'.
5. DLL shall not use any City Faciliries and Fields for any use other than those prescribed in
the Field Use Policy,unless obtainiiig the prior written consent of CITY.
6. Subject to City approval DLL may place a storage container at City Faciliries and Fields for
the purpose of storing of field maintenance equipment. The City at its discretion may
charge a fee for the use of this space. These containers need to be properly maintained and
remain graffiti free.
7. Subject to City Approval DLL may rent park concession stands at City Facilities and Fields
so long as a DLL representative has Servsafe Food Safety Manager Ttaining and
Certificarion on file with the Ciry at the time of the booking request and their agency meets
all Health Department requirements, as set forth in the Sports Field Use Policy.
8. Onsite event vendors of any kind need to'be approved in advance of any xental and all '
proper paperwoxk need to be on file with the City 30 days prior to the rental date, as set
forth in the Spotts Field Use Policy.
9. DLL at its sole cost and expense,keep and maintain the batting cages at Emerald Glen and
Fallon location in the same condirion as received,except for ordinary wear and teax,while in
use by DLL.
10. Any use of permanent or semi-permanentbanner/flags/sponsorship signs may be put up
each morning and must be taken down each day throughout the approved permitted use of
City facilities and fields.
11. Neither vendors nor teams axe allowed to sell items without prior approval and proper
paperwork on file with the City 30 days prior to the actual event date, as set forth in the
Sports Field Use Policy.
12. Addlttonal fees may apply fot changes outside of the original approved use permit and are
separate and apart from any agreed upon rental fee for use of any one of the City Facilities
and Fields.
13. DLL shall conform to all of the City's rules, policies and regulations for the use of City
Facilities and Fields.
14. DLL shall not hire employees or volunteers who will have supervisoxy or disciplinary
authority over minors who have been convicted of any offense identified in California
Public Resources Code Section 5164. DLL shall fully indemnify,defend and hold harmless
City from all claims,demands,causes of action,or liabilities resulting from any such hiring.
DLL shall notify City immediately in writing of any violation of this provision upon
discovery.
2
15. DLL shall also not employ any person,paid or unpaid,who is permitted to provide services
requiring contact with children or providing food concessionaire services or other licensed
concessionaire services in that area, unless DLL has complied with the TB testing
requirements set forth in Secrion 5163 of the California Public Resources Code.
16. DLL, shall follow the procedures specified in Exhibit B entided, "Employee/Volunteex
Cleatance Verification and Compliance with the Child Abuse and Neglect Reporting Act"
attached hereto.
B. Rental Fees
1. DLL will pay a 10% of rental fees at the time of booking (contract issued) and the
balance due 60 days (two full months pxior to the booking month). For example: All rental fees
associated with bookings fxom March 1-March 30 must be paid in full by January 1 st. City Facilities
and Fields must be released 90 days in advance for a full refund. Changes (cancellarions is
considered a change) of any type with 90 days of the booking forfeits all fees and in some cases will
create a balance due. Overbookings are discouraged. Staff will compare requests with last year's
rental schedule. Addirional fields being held will need to be explained.
2. Picnic area adjacent to field(s)that may be impacted during a rental must be reserved
by DLL,in advance, as a part of the original reservation.
3. Rental fees can only be changed upon mutual written agreement by DLL and CITY.
C. Scheduling
1. The Patties agree that early scheduling is beneficial to the City and all involved
paYties. DLL will have the opportunity to submit rental needs by November 1 each yeax fox the
following year. (March 1 to December 15 with the DLL priority being March 1 -July 15).
2. DLL may schedule up to four baseball tournaments per year. Tournaments
consist of multiple field use (at least two (2) fields)) plus more than 4 hours of use. Tournament
events cannot exceed three (3) days. Tournaments in excess of the conditions described must
receive appYOVaI from the Ditector of Paxks and Community Services and may be subject to
additional fees.
3. City will require DLL to pay janitorial/attendant costs when 50% or more of the
park fields have games or practices at one specific time for more than four (4) hours on any
given day and/or when 75 people or more will be on site. Upon approval of such an event(s)
the City will invoice DLL of the required fees for usage.
4. DLL will supply CITY with field and/or facility usage schedules as a part of the
permitting or reservation process by November 1 each year for the following year.
5. City Faciliries and Field usage requests may be approved or denied at the CITY's
discretion.
3
D. Condition and Maintenance of Property
1. CITY agxees to maintain the City Facilities and Fields based on available annual
funding approved by City Council for park maintenance standards,which presendy includes,but not
limited to:mowing once per week,genexal maintenance,and annual prepping of City Facilities and
Fields. Park maintenance standards will be adjusted as needed by the City to match the subsidy
approved by City Council.
2. CITY agrees to assist DLL, whenever possible, with any unique, one-time, or
specialized maintenance as needed.
3. DLL will be responsible foY all game day and seasonal field prepararion and will
follow all of the rules and Yegulations set forth by CITY for performing maintenance on City
Facilities and Fields by any outside agency staff or volunteer.
4. CITY will allow DLL the right to store required materials and tools in specific,
assigned areas or containers for the purposes of field or facility maintenance deemed appropriate to
perform such activities.
5. DLL stores equipment and materials at their own risk.
' 6. DLL will pYOVide parking attendants to reduce tsaffic issues during high unpact park
usage and/ot tournaments. High impact is defined as the use of multiple fields (i.e., at least two
fields) and/or participarion of 75 people at the site. `
Section 4. Indemnification.
DLL shall defend,indemnify and hold harmless City,its officers, agents and employees
("City Indemnitees") from and against any and all claims, demands, causes of action, or liabiliries
incurred by City Indemnitees arising,in whole or in part, direcdy or indirectly, from DLL's acts
ot omissions under the Agxeement or any act or omission of DLL's officers, agents, employees,
contractors, or persons entering City pYOperty under this Agreement with the expYess or implied
permtssion or invitation of DLL, except as may arise from the gross negligence or willful
mtsconduct of City Indemnitees. In any action or claim against CITY in which DLL is
defending CITY, CITY shall have the right to approve legal counsel pYOViding CITY's defense
and such approval shall not be unreasonably withheld.
DLL further agrees to release CITY from any and all claims for any damages,including
property damage, injury oY death occutring oY arising out of use of Parties' use of the pYOperty,
except as may be caused by the CITY's gross negligence or willful misconduct.
Section 5. Counter�arts. This MOU may be executed in mulriple counterparts, each
of which shall be an original and all of which together shall constitute one instrument.
Section 6. Insurance. DLL shall, at its sole cost and expense, and for the full term of
this Agreement, obtain, maintain and provide CITY with proof of at least all of the minimum
4
insurance requirements as described in this MOU, Exhibit C, prior to commencing any
operations or occupying any space under this Agteement.
Section 7. Term. The pYOVisions of this MOU shall continue from the effective date
of this MOU unless terminated by either party by pxoviding six (6) months'written notice of
its intent to discontinue the terms of the MOU as set forth in this document If DLL provides
written norice of its intent to terminate,it shall vacate any and all City Facilities and Fields on or
befote the date of termination. Upon terminarion, DLL shall return keys (if any) to the CITY,
remove all propexty owned by DLL from City property and return all facilities in as good
condition as when received.
IN WITNESS WHEREOF, the PaYties have executed this Memorandum of Undexstanding,
effective as of the date first written above.
CIT'Y OF DUBLIN
By:
James M. Rodems, Director of Parks and Community Services
Date:
DUBLIN LITTLE LEAGUE
By:
,Board President
Date:
114.1001 2721517.1
5
EXHIBIT A
CITY FACILITIES AND FIELDS
Game Facilities and Fields
1. Dublin Sports Grounds, located at 6700 Dublin Boulevard
2. Emerald Glen Park,located at 4201 Central Parkway '
3. Fallon Sports Park,located at 4605 Lockhaxt Stteet
4. Ted Fairfield Park,located at 3400 Antone Way
Practice Facilities and Fields
1. Kolb Park, located at 8020 Bristol Road
2. Passatempo Park, located at 3200 PaleYmo Way
3. Positano Hills Paxk,located at 2301 Valentano DYive
4. Schaefer Ranch Patk,located at 9595 Dublin Boulevard
6
EXHIBIT B
EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE
WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT
If DLL provides services involving minors, and as a CITY-approved method of complying with
the provisions contained in this MOU, DLL shall conduct a criininal background check through
the database of the California Department of Justice and an FBI criininal database or equivalent ,
national database as approved in writing by DLL's liability insurance providex, on each of its
employees and volunteers who have supervisory or disciplinaxy authority over minors.
DLL shall also comply with the provisions of the Child Abuse and Neglect Repoxting Act,
California Penal Code SECTION 11164 et. .req. Additionally, DLL cerrifies the following:
1. Any and all personnel employed or retained by DLL in conducting the opeYations of DLL's
program shall be qualified to perform the duties assigned to them by DLL. DLL agrees that
DLL shall not at any time allow its employees or volunteers to be in any position with
supervisoty or disciplinary authority over minors,if they have been convicted of any offense
idenrified in California Public Resources Code SECTION 5164.
CITY and DLL understand that results of background checks on minors may be '
confidential under state law. Therefore, all employees or volunteexs must be at least 18 years
of age if they are to be in a position having supervisory or disciplinary authoxiry over any
minor.
If DLL intends to have employees or volunteers under the age of 18 providing services
under this MOU,DLL shall maintain and make available to CITY,if requested,guidelines,
procedures ot policies that safeguard and ensure that no employees ox volunteers undex the
age of 18 will be providing services under this MOU that are unsupervised and further DLL
shall ensure that none of its employees or volunteers under 18 years of age have any
supervisory or disciplinary authority over any minor, as such term is used in California Public
Resources Code SECTION 5164.
2. DLL shall be responsible for ensuring that no person who has supervisory or disciplinary
authority over minors,who is paid or unpaid by DLL, shall be permitted to provide services
unless appropriate backgYOUnd checks,including fingeYptints, have been performed prior to
the beginning of services under this MOU, and the person meets the standards set foYth
above. If requested by CITY, and to the extent allowed by law,DLL shall prompdy provide
documentation listing each person that has provided or is providing services hereunder
involving supervision or disciplinary authority over minors, and cerrifying that DLL has
conducted the proper background check on such person or persons, and each of the named
persons is legally permitted to perform the services described in this MOU. Regardless of
whether such documentation is requested or delivered by DLL, DLL shall be solely
responsible for compliance with the provisions of this SECTION.
3. That no person paid or unpaid by DLL shall be permitted to pYOVide services requiring
contact with children or providing food concessionaire services or other licensed
concessionaire services in that area,unless DLL has complied with the TB testing
7
requirements set forth in SECTION 5163 of the Califotnia Public Resources Code,verifying
that the person or persons has provided evidence/veYification of a negative TB skin test
Yeading less than two (2) yeaYS old (if newly hired) or within four (4) years (if cuYrent
employee) of the date of execurion of this MOU and every four (4) years thexeafter,if the
term of this MOU exceeds four (4) years.
For�ersons with a�ositive TB skin test readin�, a physician's medical clearance must be
obtained prior to services being pxovided as specified above. DLL shall keep on file each
"Certificate" of clearance for the persons described above, and shall also make available a
copy of each Cerrificate to CITY, if requested and allowed by law. "Ceruficate" means a
document signed by a licensed examining physician and surgeon or a notice from a public
health agency or unit of the tuberculosis association which indicates freedom from active
tuberculosis.
4. DLL understands that if services are xendered on a school site, theYe may be additional
requ'trements that may apply including without limitation,requicements under the California
Education Code. DLL, acknowledges that it is DLL's sole responsibility to comply with all
applicable laws, regulations and licensing requirements in DLL's provision of services
hereunder.
I, DLL by signing below verify that I have read and agree to the above:
Signature/Tide Date
8
EXHIBIT C
INSURANCE REQUIREMENTS
Before beginning any work under this Agreement, DLL, at its own cost and expense, shall
procure "occurrence coverage" insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work hereunder by the
DLL and its agents,representatives, employees, and subcontractors. DLL shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms
of insurance satisfactory in all respects to the City. DLL shall maintain the insurance policies
required by this section throughout the term of this Agreement. DLL shall not allow any
subcontractor to commence work on any subcontract until DLL has obtained all insurance
required herein for the subcontractor(s) and provided evidence thereof to City. Verification of
the required insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits shall
be available to City as an additional insured. Furthermore,the requirements for coverage and
limits shall be(1)the minimum coverage and limits specified in this Agreement; or(2)the
broader coverage and maximum limits of coverage of any insurance policy or proceeds available
to the named insured; whichever is greater. The additional insured coverage under DLL's policy
shall be"primary and non-contributory"and will not seek contribution from City's insurance or
self-insurance and shall be at least as broad as CG 20 Ol 04 12. 'In the event DLL fails to ,
maintain coverage as required by this Agreement, City at its sole discretion may purchase the
coverage required and the cost will be paid by DLL. Failure"to exercise this right shall not
constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement
providing that it shall not be cancelled, changed,or allowed to lapse without at least thirty(30)
days' prior written notice to City of such cancellation, change, or lapse.
I. Minimum Scope and Limit of Insurance
There shall be no endorsements Yeducing the scope of coverage required below unless
approved by the City's Risk Manager.
Type of Insurance Minimurn Limit
1. Cornmercial General and Automobile Liability $1,000,000 per
Insurance occurrence fox
bodily injury,
DLL, at its own cost and expense, shall maintain commercial personal injury and
general and automobile liability insurance foY the texm of property damage or
this MOU in an amount not less than ONE MILLION $2,000,000 annual
DOLLARS ($1,000,000) per occurrence, combined single aggregate.
limit covexage for risks associated with the work
contemplated by this MOU. If a Commercial General
Liability Insurance or an Automobile Liability form or other
form with a eneral a re ate limit is used, eitheY the eneral
9
aggregate limit shall apply separately to the woxk to be
performed undeY this MOU or the general aggregate limit
shall be at least twice the required occurrence limit. Such
covetage shall include but shall not be limited to, protection
against claixns arising from bodily and personal injury,
including death resulting thexefrom, and damage to property
resulting from activities contemplated under this MOU,
including the use of owned and non-owned automobiles.
Commercial general coveYage shall be at least as bYOad as
Insurance Services Office Commercial General Liability
occurrence from CG 0001. Automobile coveYage shall be at
least as bxoad as Insurance Services Office Automobile
Liabili foxm CA 0001 Code 1 "an auto" .
2. Abuse and Molestation Coverage Not less than
$100,000 each
Including coverages for any loss sustained or cost of occurrence
defense of a claim of abuse and molestation arising from
the negligent hiring, training, retenrion or supervision of
any employees or volunteers.
3. Workers' Compensation and Employer Liability $1,000,000
DLL, at its sole cost and expense maintain Statutory
Workexs' Compensarion Insurance and Employex's Liabiliry
Insurance for any all persons employed directly or indirectly
by DLL. The Statutory Workers' Compensation Insurance
Employer's Liability Insurance shall be provided with limits
not less than ONE MILLION DOLI.ARs ($1,000,000) per
accident. In the alternarive, DLL may Yely on a self-
insurance pYOgram to meet those requirements,but only if
the program of self-insurance program meets the standards
of the Labor Code shall be solely in the discretion of the
Contract Administrator: The insurer,if insurance is
provided,'or DLL,if a progYam of self-insurance is
provided;shall waive all rights of subrogation against the
Ciry and its officers, officials, employees, and volunteers foY
loss arising from work performed undex this MOU. An
endorsement shall state that coverage shall not be canceled
except after thirty (30) days'prior written notice by cextified
mail,return receipt xequested, has been given to the City.
DLL shall notify City within 14 days of norificarion from
DLL's insureY if such coverage is suspended,voided, or
reduced in covexage or in limits.
10
II. Other Insurance Requirements
1. Addirional Requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insured with respect to each of the following: liability axising out of
acriviries performed by or on behalf of DLL, including the insured's general
supervision of DLL: products and completed operations of DLL,premises
owned, occupied, or used by DLL, and automobiles owned,leased, oY used
by DLL. The coverage shall contain no special limitations on the scope of
protection afforded to Ciry or its officers, employees, agents or volunteeYS.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of DLL to comply�vith reporting provisions of the policy shall
not affect coverage provided to City and its officers, employees, agents, and
volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thitty (30) days' pYior written notice by certified mail,return receipt requested,
has been given to the City. DLL shall notify City within 14 days of
norificarion from DLL's insurer if such coverage is suspended,voided or
reduced in coverage or in limits.
f. All insurance required is to be placed�vith insurers having a Bests' rating of
� no less than A:VIL �
g. Prior to beginning any work under this MOU, DLL shall furnish City with
cextificates of insutance and with original endorsements effecting coverage
required hexein. The cerrificates and endorsements for each insurance policy
ate to be signed by a peYSOn authorized by that insurer to bind coverage on its
behalf. The Ciry reserves the right to require complete, certified copies of all
required insurance policies and endorsements. Failure to exercise this right
shall not constitute a waiver of right to exercise later.
h. DLL agrees to include with all subcontractors in theix subcontract the same
requirements and provisions of this MOU including the Indemnification and
Insutance requirements to the extent they apply to the scope of the
Subcontactors hired by DLL agree to be bound to DLL and the City in the
same manner and to the same extent as DLL is bound to the City undeY the
MOU documents. Subcontractor further agrees to include these same
11
provisions with any Sub-subcontractor. A copy of the Ownex Contract
Document Indemnity and InsuYance provisions will be furnished to the
Subcontractor upon request. The General contractor shall require all
subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
i. The City may approve a variarion in the foregoing insurance requirements,
upon a determination that the coverages, scope,limits and forms of such
insurance are either not commercially available, or that the City's interest are
otherwise fully protected.
j. All self-insured Yetentions (SIR) and/or deductibles must be disclosed to the
City for approval and shall not reduce the limits of liability. Policies
concerning any self-insured retention provision and/or deductible may be
satisfied by either the named insured or the City.
k. In the event that any coverage required by this section is Yeduced, limited or
materially affected in any other manner,DLL shall provide written norice to '
City at DLL's eaYliest possible opportunity and in no case later than five days
after DLL is notified of the change in coverage.
1. In addition to any other remedies City may have if DLL fails to provide ox
maintain any insurance policies or policy endorsements to the extent and
within the time herein reqtured, City may, atits sole oprion exercise any of the
following remedies,which are altetnatives to other remedies City may have
and are not the exclusive remedy foY DLL's breach:
• Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the MOU;
• Order DLL to stop work under this MOU or withhold any payment
that becomes due to DLL hereunder, or both stop work and withhold
any payment,unril DLL demonstrates compliance with the
requirements hereof; and/or
• Terminate this MOU.
2722926.1
12
ATTACHMENT 3
. . I
G������DU�'d City of Dublin ;
i9' �`"�� �az . .
��' � S orts Fields Use Polic
��� ��/ p Y
The City of Dublin has several sports fields available for use by the community on a permit basis. The Sports Field Use
Policy establishes rules, regulations, procedures and fees governing use of City sports fields. Fields available for rental
are at the following park locations.
Dublin Sports Grounds, located on Dubiin Boulevard at Civic Plaza, includes: �
• Five Baseball Fields(one lighted 90'and four 60'diamonds)
• Six soccer fields(two lighted)
• Two lighted softball fields
Emerald Glen Park, located on Tassajara Road between Central Parkway and Gleason Drive,includes:
• Four soccer fields
• Three baseball fields(one 80'and two 60' diamonds)
• One cricket field j
Fallon Sports Park,located on Lockhart Street between Central Parkway and Gleason Drive,includes: �.
• Two 60' baseball fields
• Two lighted softball fields �
• Two lighted synthetic turf soccer/lacrosse fields �
Ted Fairfield Park, located at North Dublin Ranch Drive and Antone Way,includes:
i.
• One 60'baseball field f
• One soccer field `
Definition of Use I
Organized Use—meeting any of the following conditions: (A) league games, practices,tournaments,ciinics,instruction,
special events; or other uses where a fee is charged for participation, (B) a rental application with more than three ;
dates of use requested,(C)a rental application with more than one field requested.
Casual Use—meeting the following conditions:three dates or less requested and only one field requested.
Classification of Users I
Group 1. Publit Agencies (Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon Services
i
District, Dublin Unified School District,etc.) �
i
Group 2. Dublin Sports League Organizations (Organized sports league groups with current IRS non-profit status, i
whose membership is open to the public. The organization's membership must be as listed below: ;
a) Youth Sports League Organizations—at least 75%Dubfin residents. ;
b) Adult Sports League Organizations—at least 51 i6 Dublin residents.
Group 3. Dublin Chamber of Commerce, Dublin Charita6le and Soclal Welfare Organlzations (Organized non-profit '
groups with current 501(c)(3) or 501(c)(4) IRS status, whose membership is open to the public and whose ,,
primary purpose is to serve the Dublin community. The organization's membership must be at least 51%
Dublin residents. An organizational file must be completed on an annual basis to receive the priority and fees �'I
of this classification. Regional and National non-profit groups that do not meet the 51%resident membership
requirement may submit a letter addressed to the Parks & Community Services Department that ',
demonstrates the direct community benefit of the facility use. Such letters will require the approval of the
City Manager or their designee.) '
Group 4. IndJviduals or Other Groups(Groups who do not meet the criteria listed above and/or activities such as games
or practices,etc.)
aJ Resident (Individuals must reside or own property withJn Dublin City limits; Groups must have
membership made up of atleast 51%Dublin residents;current roster must be submitted with applicationJ
b) Non-Resident
ADOPTED MARCN 6,2012 SPORTS FIELD USE POLICY Page 1 of 5
,I
_ _ --_- _ _ __ _. _ _
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Group 5. Commercial Uses (Companies,groups or individuals whose practices,ciinics, camps or games have an '�,
admission fee or include the sales of goods or services,including those contracted by any field lessees, I
regardless of classification) i'
a) Resident(Organization or individual must be located within the Dublin City Limits and have current City of '�
Dublin Business License. !f there is no company facility, person responsible for event must reside or own I
property within the Dublin City Limits) '
bJ Non-Resident �
Priority of User Groups
The Cit reserves the righi to reschedule use to accommodate Dublin Sports League Organizations requiring specified
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use�elds(cricket,90'baseball,synthetfc turf).
Group 1 and Group 2 - Reservations accepted up to six months in advance of requested dates of use. For use from �!�
March 1-July 15, Dublin Little League will have priority for use of the baseball fields at Dublin Sports Grounds, Emerald
Glen Park and Fallon Sports Park. For use from July 16-December 15, Dublin United Soccer League will have priority for ''i
use of the soccer fields at Dublin Sports Grounds, Emerald Glen Park and Fallon Sports Park. i
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Group 3 and Group 4(Resident)-Reservations accepted four months in advance of requested dates of use. 'j
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Group 4(Non-Resident)and Group S-Reservations accepted two months in advance of requested dates of use. ;�
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How to Make a Reservation ;!
P/ease note thai the City requires the applicant, not another party, to complete all transactions and provide the ;�
insurance required for the rental. ii,;
1. To reserve a sports field, a Sports Field Rental Application must be submitted for approval a minimum of ten ;�
business days prior to the rental date. Submitting an application fewer than ten business days prior to the rental �;
date will only be accepted with Department approval. In each case, an administrative fee of $5 per rental will I;
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app�y. '�'
Applications for organized use must include compiete schedules including dates, times and fields requested for I�
practices and games. Approval takes three to five business days;notification of application status will be e-mailed. i�
2. Applications must be submitted in person at the Parks and Community Services Department Office at the Dublin ��
Civic Center, 100 Civic Plaza, Dublin. Applications are accepted between the hours of 8:00 A.M. and 5:00 P.M, �!
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Monday through Friday, holidays excepted. �
3. In order to receive a resident rate, the applicant (i.e. the person responsible for the activity, payment of fees and I
provision of insurance) must live or own property within Dublin's City Limits. Verification of residence address wili
be required(valid California driver's license or current utility bill).
,. „
tion Form
on file or
Or anization Verifica ,
t have an Ii
4. Groups applying under the Group 2 or 3 classification mus g
submit one with the following: 1) Bylaws, and 2) Current I.R.S. Tax Exemption Letter. Groups claiming Dublin I
residency must provide a current membership roster(Group 2a-75%of inembership must reside in Dublin,Group 'j
2b-51%of inembership must reside in Dublin). Applications will not be accepted without these items. �
5. The City reserves the right to book additional events before or after an applicant's confirmed rental time. �i
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Hours of Rental Use i
1. The City's sports fields are available for rental from 8:00 A.M. to 10:00 P.M. Turf fields are available March 1 '
through December 15;synthetic turf fields are available year round. '
2. A minimum of one hour will be required per field rental application. �
3. Hours of use must include the amount of time needed for the event, including setup and cleanup. j
4. The field must be vacated by the time specified on the approved Sports Field Rental Application, �
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Payment Schedule INITIAL: '
1. For casual use: �
a) A security deposit and insurance are not required for casual use of City fields.
b) Rental fees are payable at the time the Sports Field Rental Application is submitted. �
ADOPTED MARCH 6,2012
SPORTS F/ELD USE POl.ICY Page 2 of 5 ;
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2. For organized use: Ii
a) At the time the application is submitted,a$250 refundable security deposit is required.
b) Final payment of rental fees must be made no later than 30 days after receipt of an approved rental i
contract/confirmation. Payments not received by this deadline may result in cancellation of the rental and I
forfeiture of ihe deposlt. If the application is received less than 30 days prior to the first date of the rental, I
then payment is due immediately upon receipt of a rental contract/confirmation. i
c) Security deposits will be returned by mail within 30 days of the last date of the rental providing there are no i�
violations of the Sports Field Use Policy, the rental hours exceeded, excessive cleaning required, or damages �
to the facility. !
3. Payments may be made by Visa, MasterCard, Discover,American Express, check, or cash. Make checks payable to �
City of Dublin. Checks and credit cards must be drawn on the account of the person or organization listed as the !
applicant. �
Cancellations,Changes and Refunds
INITIAL: �'�
1. No refund or credit will be issued for a cancellation or reduction of pre-booked hours within ten business days of
the rental date.
2, If submitted less than ten business days prior to the rental date,there will be an administrative per booking fee of �
$5 on each request to shift scheduled booking hours to a new scheduled time within the same day without any
reductions. A $5 fee will also apply for each subsequent request to shift the booking. A change of date is �i
considered a cancellation. �
3. Adding hours fewer than ten business days prior to the rental will only be accepted with Department approval. In i
each case,an administrative fee of$5 will apply for each addition.
4. In the event the field is not available due to rain or wet field conditions, a credit will be issued if the office is ��,
notified in writing within four business days after the scheduled date of use.
5. All credits expire one year after the date of issue and can only be used for field or field light rentals.
6. Credits are not issued for unused hours.
7. Occasionally it may be necessary to reschedule, relocate or cancel a request previously approved. In this event,
the group or individua�will be given as much advance notice as possible.
General Rental Information '
1. A responsible adult from the rental group must supervise the premises for proper use during all rental hours.
2. Groups of minors must be supervised by two adults for each twenty minors at all times while using the field(s). !
3. It is prohibited to paste, tack, glue or post any sign, placard, advertisement or inscription or erect any sign in the
park(per City Ordinance)without prior permission from the Parks and Community Services Director,or designee. ,
4. Smoking is prohibited within 100 feet of Children's Play Areas, Sports Fields, Sport Courts, Snack Bars and Picnic
Areas.
5. Parking is permitted in painted parking stalls only. Vehicles parked illegally will be cited.
6. Facility Use Permits cannot be transferred,assigned or sublet.
7. The consumption,serving and/or selling of alcoholic beverages is not permitted in the parks.
8. No use is permitted on turf fields if the rain indicator light is on. (Rain indicator lights are located at the Dublin
Sports Grounds restroom building near Soccer Field #4; Emerald Glen Park restroom building near the basketball
courts, and Fallon Sports Park on the baseball and softball outfield fences.There are no rain indicator lights at Ted
Fairfield Park.) Leagues are responsible for assuring that their teams observe this rule. Synthetic turf soccer fields
are all weather play.
9. Softballs must be rated "Restricted Flight."
10. Spectators are not permitted in dugouts or playing fields during event play.
11. Hitting or kicking balls into any fence or against any building is prohibited.
12. Bases,equipment and field preparation (drag,water,lines,etc.)are not provided.
13. Fields scheduled after dusk will require rental of field lights. All rentals must end by 10:00 p.m.
14. Fields are to be used for appropriate sports use. Events must be suitable and compatible to the field selected.
15. The 60'baseball diamonds are designated for youth use only.
16. Lining or marking of the field is not allowed without prior written approval from the City.
17. No equipment storage is allowed at park sites without prior written approval from the Parks and Community
Services Director.
' 18. Programs that duplicate in any form programs offered by the Parks and Community Services Department may be
denied.
ADOPTED MARCH 6,2012 SPORTS F/ELD USE POLICY Page 3 of 5
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19. Requests for exception to the Sports Field Use Policy must be submitted in writing to the City Manager, or '
designee, no later than 30 days prior to the date of use requested. Approvat or denial of the request will be issued '
in writing. '
Synthetic Turf Fields at Fallon Sports Park �NITIAL: �
1. An approved rental permit is required to use the synthetic turf fields. j
2. Food and beverages, inciuding gum, seeds, nuts, candy or sports drinks are prohibited. Water only. Glass bottles �
or containers are prohibited, �
3. Any cleats that are used must be rubber;no metal spikes. �I
4. Chairs, umbrellas, tents, flags and other outdoor furniture are not allowed on the field. Spectator seating is only i
allowed in designated areas off of the field. �
5. No driving in of stakes. i
6. Lining or marking of the field is not allowed without prior written approval from the City. ,
7. Smoking and tobacco products are prohibited. '
8. Dogs or pets of any kind are prohibited on the synthetic turf.
9. Barbecues are prohibited.
10. Bikes, roller blades,skateboards,strollers,motorized vehicles or high-heeled shoes are prohibited.
Insurance Requirements INITIAL:
All applicants for organized use shall provide the City of Dublin with a valid Certificate of Liability including the
endorsement page written through carriers acceptable to the City of Dublin. Such certificate shall provide eodily Injury �
and Property Damage Liability protection in the amount of$1,000,000 per occurrence.The applicant must be specified �
as the insured. The Certificate shall name the City of Dublin as an "additional insured"in conformance with the hold �
harmless agreement as outlined in the Sports Field Use Application and must specify that the applicant's insurance shall i,
be primary to any insurance carried by the City.The certificate shall be properly executed with the original signature of ;
the authorizing insurance agent. The Certificate is due at the time final payment is made. Note:Please contact your !
insurance provider to chetk if your homeowner's policy may be extended to cover your facllity rentaL �
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INITIAL: �
Security Deposit �
A$250.00 Security Deposit is due when the application is submitted. The Security Deposit is refundable provided there �
are no violations of the Sports Field Use Policy,the rental hours exceeded, excessive cleaning required, or damages to I
the facility. !i
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ADOPTED MARCH 6,2012 SPORTS FIELD USE POLICY Poge 4 of 5
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Rental Fees INITIAL•
Effective Effective Effective
07/2012 07/2013 07/2014 '
GROUP 1-PUBLIC AGENCIES AND GROUP 2A- j
DUBUN YOUTH SPORTS LEAGUES �
Turf Field per Hour $6.30 $6.60 $7.00 �
Synthetic Turf Field per hour $21.00 $23.00 $25.00
24.40 $24.80 $25.40 �
Lighting Charge per hour $ '
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GROUP 28-DUBLIN ADULT SPORTS LEAGUES AND �:
GROUP 3-DUB11N CHAMBER OF COMMERCE AND i
DUBLIN-BASED I�
CHARITABLE AND SOCIAL WEtFARE ORGANIZATIONS
Turf Field per Hour $14.85 $15.70 $16.80 �
Synthetic Turf Field per hour $43.00 $46.00 $50,00 ;,
Field Lighting Charge per hour $25.00 $26.00 $27.20
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GROUP 4-!ND►VIDUALS/OTHER GROUPS �
TurF Field per hour(Dubiin Resident) $18.90 $19.80 $21.00
Turf Field per hour(Non-Resident) $23.00 $24.00 $25.20 I
Synthetic Turf Field per hour(Dublin Resident) $53.75 $57.50 $62.50 I
Synthetic Turf Field per hour(Non-Resident) $90.00 $96.30 $104.70 I
Field Lighting Charge per hour(Dublin Resident) $32.60 $33.20 $34.00 i
Field Lighting Charge per hour(Non-Resident) $39.10 $39.80 $40.80 i
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GROUP 5-COMMERCIAL USES 'I
Turf Field per hour(Dublin Resident) $30.40 $31.80 $33.60 �
Turf Field per hour(Non-Resident) $36.60 $38.20 $40.30
Synthetic Turf Field per hour(Dublin Resident) $86.00 $92.00 $100.00 i,
Synthetic Turf Field per hour(Non-Resident) $144.00 $185,00 $250,00 �'
Field Lighting Charge per hour(Dublin Resident) $52.00 $53.00 $54.40 '�,
Field Lighting Charge per hour(Non-Resident) $62.30 $63.60 $65.30
Tournaments '
1. Tournaments wili be charged a Facility Attendant fee of$15 per hour per park in addition to the rental fees.
2. All tournaments must provide a tournament director or designee who shall remain onsite at each location
throughout the duration of the tournament.The rental applicant or tournament director will meet with a City ,
Representative at least 30 days prior to the tournament to discuss logistics of the tournament. Based on the
size of the tournament,the rental group may be required to rent outdoor toilet facilities and/or be charged for
extra litter pick-up or added staffing.
: The City of Dublin reserves the right to deny the use of City Sports Fields to any person or group if such use is deemed '
to be contrary to the best interest of the City, the facillty, and/or Dublin residents. Applicants should thoroughiy
review the Facility Use Policy to become familiar with all rental fees,policies and procedures.
ADOPTED MARCH 6,2012 SPORTS FIELD USE POLICY Page 5 of 5
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Sports Fields Rental Application
i9� •—� fi ,82 City of Dublin- Parks and Community Services Department
�� 1� 100 Civic Plaza, Dublin, California 94568
��1 �� (925) 556-4500
APPLICANT INFORMATION
Last Name: First Name:
Organization(if applicable):
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Address• _City: Zip Code:
Best Contact Number(s)During the Day:
E-Mail:
Have you rented one of our facilities before? Yes No (please circle)
CLASSIFICATION OF APPLICANT
❑ Group 1-Public Agencies
❑ Group 2a-Dublin Youth Sports League Organizations* ❑ Group 2b-Dublin Adult Sports League Organizations*
❑ Group 3-Dublin Chamber of Commerce,Dublin Charitable and Social Welfare Organizations* i
❑ Group 4a-Resident Individuals or Other Groups** ❑ Group 4b-Non-Resident fndividuals or Other Groups �
❑ Group Sa-Resident Commercial Uses** ❑ Group 5b-Non-Resident Commercial Uses �
*Must submit the organization's roster(must be 75%Dublin resident for youth leagues and 51�Dublin resident for adult leagues
and non-profit organizations),bylaws and current IRS tax exemption letter(must be 501c3 or 501c4)at the time of application.
**Proof of residency required at the time of application(valid California Driver's License/ID or current utility bill).
RENTAL FUNCTION INFORMATION
Use Type: ❑ Organized Use
(A) League games,pracfices,tournaments,clinics,instruction,special events,or a fee is charged for participation.
(B} Rental application with more than three dates of use requested.
(C) Rental applications with more than one field requested.
❑ Casual_Use_=Rental application with three dates or less requested and only one field requested_____________________
Function Type: OPractice ❑Game ❑Tournament(Attendant Fee Required) OFundraiser ❑Other: I
Type of Sport or Event:
--------------------•---------.._..---------------------------•---------------............-----------..._...._....---••-------.....---------------
Facility: ❑ Dublin Sports Grounds ❑ Fallon Sports Park ❑ Emerald Glen Park ❑ Ted Fairfield Park i
Turf Type: ❑ Grass ❑ Synthetic(Fallon Sports Park only)
Field Type: ❑Soccer Field ❑Baseball Field ❑Softball Field ❑Cricket Field Number/Letter:
Rental Date: Day: Start Time:_: am/pm End Time:_: am/pm Lights? Yes / No ';
;
Rental Date: Day: Start Time:_: am/pm End Time:_ am/pm Lights? Yes / No i
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Rental Date: Day: Start Time:_: am/pm End Time:_: am/pm Lights? Yes / No i
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Will the function be open to the public?❑ Yes ❑ No I
Will an admission fee be charged? 0 Yes* ❑ No *Purpose of fee? ;
------------------------- ------------------------------------------------------------------------------------------------------------------------
The undersigned, hereby agrees to be responsible for any damage to the facility occurring during and by this use, and agrees to be �
responsible for the conduct of all persons attending this function. Applicant further agrees to be responsible for any accident or injury �
occurring to anyone during and by this use,and agree that the City of Dublin,its officers and employees,shall not be responsible for any �
such injury or loss,except as arises from the sole willful act,omission or sole negligence of the City of Dublin,its officers or employees.
The undersigned has received a copy of the Sports Field Use Policy and agrees to comply with the rules and regulations listed therein. ;I
Signature of Applicant Organization(if applicable) Date I,I
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Sports Fields Rental Application-continued Rental#
APPLICANT INFORMATION
Last Name: First Name:
Organization (if applicable):
_ _ - - -
RENTAL FUNCTION INFORMATION
Facility: ❑ Dublin Sports Grounds ❑ Fallon Sports Park ❑ Emerald Glen Park 0 Ted Fairfield Park
Turf Type: ❑ Grass 0 Synthetic(Fallon Sports Park only) '�
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Fleld Type: ❑ Soccer Field ❑ Baseba�l Field ❑ Softball Field Field Number or Letter: I
Rental Date: Day: Start Time:_ am/pm End Time:_ am/pm Lights? Yes / No
i
Rental Date: Day: Start Time:_ amJpm End Time:_ am/pm Lights? Yes / No �
i
Rental Date: Day: Start Time:� am/pm End Time:_ am/pm Lights? Yes / No �
Rental Date: Day: Start Time:_ am/pm End Time:_ am/pm Lights? Yes / No �
Rental Date: Day: Start Time:_ am/pm End Time:_ am/pm Lights? Yes / No I
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Rental Date: Day: Start Time:_ am/pm End 7ime:_ am/pm Lights? Yes / No �
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Sports Fields Rental Application-continued Rental#
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RESERVATION STATUS-FOR OFFICE USE ONLY j
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O APPROVED O DENIED i
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Recreation Supervisor Date �
O APPLICATION
O SECURITY DEPOSIT/CARD
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O CALENDAR
O BOOKED ON COMPUTER '
O APPROVALLETTER
O INSURANCE CERTIFICATE RECEIVED
O CITY ISSUED INSURANCE CERTIFICATE
O CLEAN-UP SLIP
O STAFF SCHEDULED
O COPY OF APPROVED APPLICATION TO GYMNASIUM CLIPBOARD
O CONFIRMATION LETTER
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PAYMENT INFORMATION-FOR OFFICE USE ONLY �
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O SECURITY DEPOSIT !
DATE: CASH: CHECK#: RECEIPT NUMBER: STAFF INITIAL:
i
� FINAL PAYMENT
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RENTAL FEE: x $ _$ i
NUMBER OF HOURSHOURLY RENTAL FEE FINAL PAYMENT AMOUNT
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DATE: CASH: CHECK#: RECEIPT NUMBER: STAFF INITIAL:
O CITY ISSUED INSURANCE CERTIFICATE
DATE: CASH: CHECK#: RECEIPT NUMBER: STAFF INITIAL:
REFUND STATUS-FOR OFFICE USE ONLY
CLEANUP STATUS: O SATISFACTORY O UNSATISFACTORY
ADDITIONAL CHARGES:
O ADDITIONAL HOURS OF USE( HOURS @$ PER HOUR) $ TOTAL
O ADDITIONAL CLEANUP REQUIRED $ TOTAL
O DAMAGE TO FACIUTY OR EQUIPMENT $ TOTAL
DEPOSIT: O REFUNDABLE AMOUNT REFUNDED:$ DATE CLAIM FORM TO FINANCE:
O PARTIALLY REFUNDABLE AMOUNT REFUNDED:$ DATE CLAIM FORM TO FINANCE:
O FORFEITED BALANCE DUE IF ANY:$ DATE LETTER SENT TO APPLICANT: