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Parks & Recreation Commission Special Meeting

Special Meeting

Galt, CA · July 26, 2023

AgendaMinutes

Minutes

CITY OF GALT PARKS & RECREATION COMMISSION SPECIAL MEETING MINUTES CITY HALL COUNCIL CHAMBERS 380 CIVIC DRIVE, GALT CA 95632 JULY 26, 2023 AT 6:00 P.M. Chairperson: Ernie Cason Commission: Carrie Graham, John McNamara, Chris Smith, Erin Saldivar 1. CALL MEETING TO ORDER at 6:00 p.m. 2. ROLL CALL: a. Commissioners Present: Graham, McNamara, Saldivar and Cason b. Commissioners Absent: Smith 3. CHANGES TO THE ORDER OF AGENDA 4. PUBLIC COMMENT: Under Government Code Section 54954.3, members of the public may address the Parks and Recreation Commission on non-agenda items. The public comments section is for the Parks and Recreation Commission to receive comments; except for brief response to questions, no discussion or action may be taken on any item that is not listed on the agenda. Please limit comments to a maximum of five (5) minutes. Please fill out a speaker sheet located on the table inside the entrances to the council chambers and forward the completed speaker sheet to the commission secretary. Please state your name and city of residence prior to making your comments. 5. ACCEPTANCE OF MINUTES a. Minutes of the meeting of March 8, 2023 b. Commissioner Graham made a motion to accept the minutes of the March 8, 2023, Parks & Recreation Commission meeting. c. Commissioner McNamara made a second to the motion. d. Upon a roll call vote, all present approved acceptance of the minutes. 6. PRESENTATIONS 7. NEW BUSINESS a. Election – Chairperson i. Commissioner Cason nominated Commissioner Saldivar for Chairperson. ii. Commissioner Graham seconded the nomination. iii. Roll call vote of 4-0, Commissioner Saldivar was elected Chairperson. b. Election – Co-Chairperson i. Commissioner Graham nominated herself. ii. Commissioner Cason seconded the nomination. GALT PARKS AND RECREATION COMMISSION SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING Page 2 iii. Roll call vote of 4-0, Commissioner Graham was elected Chairperson. c. Simmerhorn Ranch Park i. Director Solis reviewed the conceptual design with the Commissioners and asked for feedback. Park will include two 50 foot grass soccer fields with a 70 foot field within them, two youth softball/baseball fields, 2-3 Pickle Ball courts, playground, shade area, restroom building and a 19 stall parking lot. ii. Commissioner Saldivar was concerned about parking. iii. Commissioner Graham recommended working with the school to see if we can use the vacant lot until they build. iv. Public Comment: a. Miguel Lourence, President of American Made Baseball, expressed his thoughts on the park use. d. SUBJECT: Field Priority Order RECOMMENDED ACTION: Recommend to Galt City Council to review and discuss the current field priority and provide direction to staff. i. Director Solis gave the presentation detailing each field, how each field is currently used and the current Field Priority: a. City Programs b. Galt Joint Union High School District MOU c. Galt Joint Union Elementary School District MOU d. Galt Youth Baseball MOU e. Youth Recreation Leagues f. Youth Competitive Leagues g. Private Rentals ii. Public Comment: a. Misty Springmeyer, President of Lickity Split expressed her thoughts on field priority b. Miguel Lourence, President of American Made Baseball expressed his thoughts on field priority c. Katie Scott, of Lickity Split expressed her thoughts on field priority d. Karrin Blevins, of County Line Youth Soccer expressed her thoughts on field priority e. Liz Garcia expressed her thoughts on field priority iii. Several recommendations were made that did not receive a majority vote. The final recommendation made was to keep the priority as listed 1 thru 6 on the presentation the same through March 2024, to be revisited after March 2024 to evaluate; leagues to meet 2 times per year 1) August for Fall and 2) December for Spring; and a member of City Council and a representative from Parks & Recreation will be at each of these meetings. iv. Commissioner Saldivar made a motion to recommend keeping the priority as listed 1 thru 6 on the presentation the same through March 2024, to be revisited after March 2024 to evaluate; leagues GALT PARKS AND RECREATION COMMISSION SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING Page 3 to meet 2 times per year 1) August for Fall and 2) December for Spring; and a member of the City Council and a representative from Parks & Recreation will be at each of these meetings. Commissioner McNamara made a second to the motion. Upon a roll-call vote the recommendation was approved 4-0. 8. OLD BUSINESS 9. UPCOMING COUNCIL AGENDA ITEMS a. Galt Market Trash Bag 10/3 10. UPCOMING EVENTS a. National Night Out – 8/1 b. Saturday Market – 8/5 c. Summer Movies in the Park – 8/11 Wakanda Forever d. Sounds of Summer Concert Series – 8/12 The Nick Elwood Band 11. STAFF COMMENTS a. Director Solis thanked the commissioners for their work for making a decision. 12. COMMISSIONERS REPORTS/COMMENTS a. Commissioner Cason really appreciated everyone sitting here, knew that they had different ideas but came together and would love to see more of this in our traditional government and thanked each and every one of them. b. Commissioner Graham piggy backed on what Commissioner Cason said and thinks they did a role model demonstration to our public teams and knows that GYB is undergoing some leadership changes, do agree they need to come to the table great, diversity makes the world go around, have received great feedback on the fireworks this year, good feedback on new designs, have seen new trucks out and about and workers are very professional. c. Commissioner McNamara thanked fellow commissioners, this was a good exercise, we haven’t faced a bigger issue than this so far, good working with the commissioners, thank you to Leslie for getting them the information and keeping them apprised with date changes. d. Commissioner Smith absent. e. Commissioner Saldivar agreed, thought it was a very good show of how you come together and how to work things out and thanked Commissioner Cason for electing her chairperson. 13. ADJOURNMENT at 7:43 p.m. ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR: The agenda for this Parks and Recreation Commission meeting was posted in the following listed sites before 6:00 p.m. on the Friday preceding the meeting. 1. City Hall, 380 Civic Drive 2. U.S. Post Office, 600 N. Lincoln Way GALT PARKS AND RECREATION COMMISSION SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING Page 4 3. Galt Parks & Recreation Department, 610 Chabolla Avenue

Agenda

CITY OF GALT PARKS & RECREATION COMMISSION SPECIAL MEETING AGENDA CITY HALL COUNCIL CHAMBERS 380 CIVIC DRIVE, GALT CA 95632 JULY 26, 2023 AT 6:00 P.M. Chairperson: Ernie Cason Commission: Carrie Graham, John McNamara, Chris Smith, Erin Saldivar 1. CALL MEETING TO ORDER 2. ROLL CALL: a. Commissioners Present: b. Commissioners Absent: 3. CHANGES TO THE ORDER OF AGENDA 4. PUBLIC COMMENT: Under Government Code Section 54954.3, members of the public may address the Parks and Recreation Commission on non-agenda items. The public comments section is for the Parks and Recreation Commission to receive comments; except for brief response to questions, no discussion or action may be taken on any item that is not listed on the agenda. Please limit comments to a maximum of five (5) minutes. Please fill out a speaker sheet located on the table inside the entrances to the council chambers and forward the completed speaker sheet to the commission secretary. Please state your name and city of residence prior to making your comments. 5. ACCEPTANCE OF MINUTES a. Minutes of the meeting of March 8, 2023 6. PRESENTATIONS 7. NEW BUSINESS a. Election – Chairperson b. Election – Co-Chairperson c. Simmerhorn Ranch Park d. SUBJECT: Field Priority Order RECOMMENDED ACTION: Recommend to Galt City Council to review and discuss the current field priority and provide direction to staff. 8. OLD BUSINESS 9. UPCOMING COUNCIL AGENDA ITEMS GALT PARKS AND RECREATION COMMISSION SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING Page 2 10. UPCOMING EVENTS a. National Night Out – 8/1 b. Saturday Market – 8/5 c. Summer Movies in the Park – 8/11 Wakanda Forever d. Sounds of Summer Concert Series – 8/12 The Nick Elwood Band 11. STAFF COMMENTS 12. COMMISSIONERS REPORTS/COMMENTS a. Commissioner Cason b. Commissioner Graham c. Commissioner McNamara d. Commissioner Smith e. Commissioner Saldivar 13. ADJOURNMENT ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR: The agenda for this Parks and Recreation Commission meeting was posted in the following listed sites before 6:00 p.m. on the Friday preceding the meeting. 1. City Hall, 380 Civic Drive 2. U.S. Post Office, 600 N. Lincoln Way 3. Galt Parks & Recreation Department, 610 Chabolla Avenue Parks & Recreation Meeting Date: July 26, 2023 Commission Agenda Report FROM: ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR SUBJECT: FIELD PRIORITY ORDER RECOMMENDATION Review and discuss the current field priority and provide direction to staff. BACKGROUND In April, 1994, the City of Galt (COG) and the Galt Joint Union Elementary School District (GJUESD) entered into a Joint Use Agreement that allows each entity the ability to use each other’s facilities at no cost. Specifically, it allows the City to use “school building facilities” and “school playgrounds” for “community recreation and cultural arts activities”. It also provides that the City must “make available” to District “City recreation facilities which are suitable for [school] events, activities, or programs.” In scheduling the use of City facilities, City-sponsored events have first priority, but District sponsored events and programs must have second priority, and “any other events by other organizations or individuals shall have priority thereafter.” In 2013, COG and GJUESD signed a Site-Specific Joint Use of Facilities Agreement providing use of several school facilities to the COG and the City Council Chambers to the GJUESD. It gives District exclusive use, when school is in session, of Northeast Sports Park (McCaffrey) (and City has exclusive use when school is not in session). It also gives District exclusive use of Marengo Ranch Elementary School Athletic Fields when school is in session (and District second priority even when school is not in session). It also gives District, when school is in session, exclusive use of Greer Basin (and District second priority even when school is not in session). In 2001, the COG and the Galt Joint Union High School District (GJUHSD) entered into a similar agreement that allows each entity the ability to use each other’s facilities at no cost. For our purposes tonight, it gives District second priority (just behind the City’s first priority) to use City “recreation facilities”. Any “other organization” has priority thereafter. At the November 17, 2020 City Council meeting, the Galt City Council voted to adopt a resolution allowing the Galt Youth Baseball Organization to assume responsibility of the girls’ softball program for ages 6 to 14 and approving an Amended and Restated License TYPE OF ITEM: COMMISSION ACTION: Introduced Approved Denied Revised Moved By: Seconded By: Vote: AGENDA REPORT- FIELD PRIORITY ORDER Agreement Granting a License to Use Certain City Facilities to Galt Youth Baseball including use of the snack bar located at the Sports Complex. In December of 2020, the COG and Galt Youth Baseball (GYB) amended and restated an agreement that allowed GYB to operate the girls’ softball league, giving them the right to operate concessions at Harvey Park and Sports Complex and the use of Meadowview Park, Harvey Park, Sports Complex, McCaffrey Middle School and Community Park. DISCUSSION The Parks and Recreation Commission has been tasked to review the current sports field priority policies and provide a recommendation to the City Council. Generally, when school is not in session, the current policy priorities are as follows: 1. City Programs 2. GJUHSD and GJUESD Agreements 3. GYB Agreement 4. Youth recreation leagues 5. Youth competitive organizations 6. Private Rentals 1. City Programs include; but, are not limited to the following: • T-Ball • Adult Softball • Special Interest Classes 2. The COG Attorney has reviewed the GJUHSD, GJUESD and GYB agreements and has made the following conclusions with respect to the ball fields usage by District at City fields: Galt Joint Union High School District Agreement • City must make City “recreation facilities” available to District, for “school events, activities or programs” • For City facilities, City has first priority and District has second priority, and any other events by other organizations shall have priority thereafter Galt Joint Union Elementary School District Agreement • Northeast Sports Park (McCaffrey Middle School) o District has exclusive use of the facilities (except the tot lot and parking lot) “any time” school is in session (typically weekdays from 7am to 4pm) o City has exclusive use, when school is not in session. AGENDA REPORT- FIELD PRIORITY ORDER • Marengo Ranch Elementary School Athletic Fields o District has exclusive use of the fields “any time” school is in session (typically weekdays from 7am to 4pm) o City shall have first priority whenever District events are not in process, and District shall have second priority. • Greer Basin o District has exclusive use of the basin “any time” school is in session (typically weekdays from 7am to 4pm) o City shall have first priority whenever District events are not in process, and District shall have second priority. 3. GYB Agreement • Provide GYB a revocable license to GYB to use as follows: o Meadowview Park and Harvey Park from Feb. 1 to July 31 as follows:  Exclusive use of Meadowview and Harvey Park diamonds (Monday - Friday 4pm – 9pm, Saturday 8am – 9pm, and Sunday as needed or requested by GYB) o Community Park baseball diamond from April 1 to July 31st as follows:  Second priority usage mon-Friday 6:30-9pm (behind the high school district which has higher priority mon-Friday per its MOU with City)  Minimum of two Saturdays per month (8am-9pm) as designated by Parks and Recreation director  Sundays, as need or requested by GYB. • Sports Complex and McCaffery Middle School to use as follows: o As approved by the Parks and Recreation Director (but subject to higher priority with school districts per MOUs with GJUHSD and GJUESD) 4. Youth Recreation Leagues • A non-profit youth sports organization exclusively serving youth 19 years and younger. • Organization is comprised of at least five teams. • Coaches are primarily volunteers. • Organization does not make player cuts – all registrants play. • Each player must receive a minimum amount of mandated playing time except for reasons of injury, illness or discipline. AGENDA REPORT- FIELD PRIORITY ORDER • Games are typically played against other Galt teams. • Games are typically played inside of Galt city limits. • Program is held during the sport’s primary recreation season, defined as follows: • Baseball / Softball: February – July • Soccer: July – November • 80% of the organization’s players reside in the GJUHS boundaries. 5. Youth Competitive Organizations • A non-profit or for-profit youth sports organization exclusively serving youth 19 years and younger. • Organization is comprised of at least three teams. • Coaches may be licensed professionals and/or paid. • Organization may make player cuts • Games are typically played against non-Galt teams. • Games are typically played outside of Galt city limits. • 80% of the organization’s players reside in the GJUHS boundaries. 6. Private Rental • This includes any rental of any facility where the approved City fee is charged, typically weekend tournaments. FISCAL ANALYSIS: Except for staff time, there is no direct fiscal impact ALTERNATIVE: The Parks and Recreation Commission could recommend to City Council to support the current field priority list as listed above. ATTACHMENT(S): 1. GJUESD 1994 Agreement 2. GJUESD 2013 Site-Specific Agreement 3. GJUHSD 2001 Agreement 4. COG Youth Softball Program Staff Report 5. GYB 2020 Amended and Restated Agreement AMENDED & RESTATED AGREEMENT GRANTING A LICENSE TO USE CERTAIN CITY FACILITIES TO THE GALT YOUTH BASEBALL ORGANIZATION THIS AMENDED & RESTATED AGREEMENT GRANTING A LICENSE TO USE CERTAIN FACILITIES (" Agreement") is made on this I day of€ C 2020(" Effective Date"), by and between the CITY OF GALT( hereinafter" City"), a general law city formed under the laws of the State of California, and the GALT YOUTH BASEBALL ORGANIZATION( hereinafter" GYB"), a California nonprofit corporation formed under the laws of the State of California. RECITALS WHEREAS, the City owns and operates park and recreational facilities including baseball diamonds located at Meadowview Park, Harvey Park and Community Park for the use and benefits of the citizens of Galt; and WHEREAS, the City wishes to cooperate with nonprofit community organizations that request the use of community facilities to provide services for the benefit of the citizens of Galt; and WHEREAS, the City has entered into prior agreements with GYB for use of City facilities and fields; WHEREAS, GYB wishes to operate a youth baseball league in Galt for boys aged 5 to 14 years under the rules and regulations of the national Babe Ruth program; and WHEREAS, GYB further wishes to operate a youth softball league in Galt for girls aged 5 to 14 years under the rules and regulations of the national Babe Ruth program; and WHEREAS, GYB wishes to operate the youth baseball/ softball leagues on the diamonds located in Meadowview Park, Harvey Park, Sports Complex, McCaffery Middle School, and Community Park; and WHEREAS, a cooperative relationship between the City and GYB will benefit the citizens of Galt by insuring that a properly organized and managed youth baseball/softball leagues will exist in Galt and will have regular access to necessary facilities. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other valuable consideration, the parties agree as follows: 1. Purpose of Agreement: By this Agreement, City grants a fully revocable license to use certain City facilities as described in section 2 of this Agreement and to provide certain services as provided in section 5 of this Agreement, for the purpose of assisting in the operation of a youth baseball league in Galt, in exchange for GYB' s promise to organize and Page 1 of 9 82741. 01002\ 3344783 5. 1 manage the baseball league in cooperation with the City. This Agreement is not intended to incorporate GYB as a department of operation of the City. 2. Park Facilities to be Provided by City: The City shall grant GYB a revocable license to use the two baseball diamonds located in Meadowview Park, Harvey Park, Sports Complex, McCaffery Middle School, and Community Park( collectively, the " Premises") for the months and during the hours and days stated on the schedule attached and incorporated into this Agreement as Schedule" A." Except as otherwise noted in Schedule" A" GYB' s license to use the Premises is exclusive for the periods specified in Schedule " A." Agreement is not intended to provide GYB with exclusive use of any other facilities in Meadowview Park, Harvey Park, Community Park or any other facility owned and operated by the City, nor is it intended to grant exclusive use of the Premises during any period not specified in Schedule " A." Nothing in this Agreement shall be construed as a conveyance to GYB of any ownership or other interest in the Premises. 3. Term: The term of this Agreement shall commence as of the Effective Date and continue unless and until terminated by the City pursuant to section 12. 4. Concessions: The City grants GYB the right to operate concessions at Harvey Park from the City owned building located at the park, during the months of January 1 St through St December 31 during the term of this Agreement. The City Grants GYB the right to operate concessions at the Sports Complex from the City owned building at the park, Monday through Friday and on agreed upon weekends ( weekend use must be approved in advance by the City) St St during the months of January 1 through December 31 during this Agreement. GYB shall be responsible for complying with all permitting or other requirements necessary to sell concessions. GYB is allowed to store all necessary supplies and equipment in the Harvey Park and Sports Complex concessions buildings during the term of this Agreement, at its own risk. Any and all equipment left after said dates shall not be the responsibility of the City. GYB shall return the concessions stand to the City in the same condition as it exists on the date of this Agreement. GYB shall be responsible for any repairs or maintenance necessary due to its use of the concessions stand. 5. The City shall maintain all parks and fields Services to be Provided by City: to City of Galt park standards, including such routine maintenance activities as mowing, edging, weeding, emptying of trash receptacles, and other work performed by City personnel at other City parks. 6. Services to be Provided by GYB: GYB shall accept responsibility for the following regarding use of the Facilities: a. The maintenance, replenishing of supplies, and security of restrooms located near the Premises during the time in which GYB is using the Premises. GYB shall specifically clean said restrooms on days Premises are in use by the GYB. City will provide restroom supplies to GYB as it deems reasonably necessary and GYB will be responsible for stocking the Premises when in use. Page 2 of 9 82741. 01002\ 33447835. 1 b. Keep the fields, dugouts, and sitting areas ( including bleachers) for the Premises clean of debris, c. Conditioning of the baseball/ softball fields on the Premises, such as dragging and striping the infields will be the responsibility of the GYB. Field prepping shall not take place earlier than three hours prior to game time. d. Any work performed by the City at the Premises or adjacent City property above the normal maintenance shall be charged to the Board at City' s reasonable costs. Normal maintenance is defined as mowing, edging, weeding, and other work performed by City park maintenance personnel at other City parks. The Board shall be solely responsible for ensuring the fields are in proper playing condition prior to the start of each game( s). e. No glass bottles shall be brought on site by coaches, players, spectators or sold at the concessions stand at Harvey Park. f. GYB shall provide a safe environment for players, coaches, umpires, spectators, and volunteers. All problems, possible hazardous situations and other suggestions to improve Premises should be brought to the Parks& Recreation Director' s attention immediately( in writing, signed and dated by a GYB official). The City will, in its sole discretion, act on the suggestions as its deems necessary or advisable. g. GYB shall not permit any vehicles to be driven on the Premises, except for the purpose of delivering supplies or equipment for concessions as may be necessary. GYB shall be responsible for any damage to the Premises as the result of any authorized or unauthorized vehicle use. h. No material shall be brought and/or left on the Facilities or other City property which may interfere with the City' s regular maintenance of the parks and grounds. i. During the GYB' s usage of the Premises, GYB shall control the behavior and conduct of spectators and players. The City reserves the right, in its sole discretion, to cancel this Agreement at any time because of inappropriate conduct or behavior by spectators, players or GYB members or employees. j. GYB shall be responsible for selection and control of all coaches, umpires and other officials. Any disagreements related to the coaches, umpires, or officials shall be handled by GYB. GYB shall comply with all applicable law in performance of this Agreement and in providing its youth baseball programs, including, but not limited to, obtaining and Page 3 of 9 82741. 01002\ 33447835. 1 maintaining fingerprinting of all employees and volunteers as may be required by law. k. GYB shall not allow or permit anyone to enter onto private properties adjacent to the Premises without the permission of the owner or occupant. This includes retrieving of baseballs. 1. City may provide GYB with keys to the Harvey Park and Sports Complex Concession Stands and the Premises. Any keys shall not be duplicated and only issued to GYB members. All keys shall be returned to the City upon termination or expiration of this Agreement. 7. Improvements to Premises: The Parties understand that GYB desires to make improvements to the Premises. All such proposed improvements to the Premises shall require the prior written approval of the City, and shall become the exclusive property of the City upon completion. GYB shall have no right to compensation from the City for any such improvement. GYB shall have no right to possession and/ or use of the any such improvement during any time not specified in Schedule " A" of this Agreement. GYB shall obtain, at GYB' s sole cost, any and all permits, plans, licenses or other approvals necessary to perform improvements to the Premises. 8. Indemnification and GYB' s Duty to Hold City Harmless: To the fullest extent permitted by the laws of California, Sponsor shall indemnify, defend, protect and hold harmless the City, its officials, officers, employees and agents from and against any and all claims( including, without limitation, claims for bodily injury, death, nuisance or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses( including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or consultants' fees and costs) of every kind and nature whatsoever( each a" Claim" and collectively, " Claims") which may arise from or in any manner relate to: ( i) any violation of the obligations of GYB under this Agreement; ( ii) any use of the Premises or the concession stand at Harvey Park by GYB, its officials, officers, employees, members, representatives, agents, contractors, volunteers, invitees, and members of the public; and( iii) the negligent acts, omissions and/ or willful misconduct of GYB, its officials, officers, employees, members, representatives, agents, contractors, volunteers, or invitees associated with any use of the Premises or the concession stand at Harvey Park. GYB shall have a duty to defend City in all third party Claims arising from GYB' s use of the Premises with counsel reasonably acceptable to City. SGYB' s indemnification obligations pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement. 9. Release: All players, coaches, volunteers and umpires shall be required to sign a form approved by the City releasing the City for liability claims or damage claims for injury to persons, including agents, employees, or participants of the Board, or for any property damage from any cause related to GYB' s use of the Premises. Page 4 of 9 82741. 01002\ 33447835. 1 10. Notification to the City: In the event that any person is injured or dies participating in any aspect of the Galt Youth Baseball League Program, or any property or equipment, whether or not provided by the City pursuant to this Agreement, is damaged, lost, stolen or destroyed, GYB shall promptly( and no later than two calendar days) notify the City of the occurrence and shall file all necessary accident reports, including those required by law and those required by the relevant insurer. 11. Insurance: GYB agrees to purchase and maintain insurance in full force and effect throughout the Term of this Agreement, including any extension periods, as follow: a) Comprehensive General Liability: $ 1, 000, 000. 00 combined single limit per occurrence aggregate for bodily injury, personal injury and property damage. b) Automobile Liability: $ 1, 000, 000. 00 combined single limit per occurrence for bodily injury and property damage. Symbol 1 — All autos including non-owned and hired. Workers' Compensation and Employers' Liability Insurance as required c) by law: Workers' compensation statutory limits as required by the Labor Code of the State of California and Employers' Liability limits of at least $ 1, 000, 000. 00 per occurrence. Any policy or policies of insurance shall include a provision waiving the insurer' s right of subrogation against the City. All of the above policies shall contain an endorsement providing that written notice shall be given to the City at least thirty( 30) calendar days prior to termination, cancellation or reduction of coverage in the policy. The general liability and automobile liability policies shall contain a provision or endorsement naming the City, its officers, Directors, Agents, and employees as" Additional Insureds" under the insurance policies as respects liability arising out of the performance of any obligation under the contract, and providing that such insurance is primary insurance as respects the interests of the Additional Insureds, and that any other insurance maintained by the Additional Insureds excess and not contributing insurance with the insurance required hereunder. This provision or endorsement shall not apply to liability arising out of the preparation and maintenance of the Premises by the City Department of Parks and Recreation pursuant to section 5 of this Agreement. GYB shall procure and maintain for the duration of the term of this Agreement insurance against claims for injury to persons or damage to property which may arise from or in connection with the operations of GYB, its agents, representatives and employees, of the operations of GYB as provided for in this Agreement. Insurance is to be placed with insurers with a" Best' s rating of not less than A: VII." GYB shall furnish the City with Certificates of Insurance and with original endorsement effecting coverage required by this Agreement. The Certificates and endorsements for each Page 5 of 9 82741. 01002\ 33447835. 1 insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements are to be received and approved by the City before commencement of the 2019 Galt Youth Baseball League. 12. Termination: The City may terminate this Agreement, for any reason, upon thirty( 30) calendar days' written notice from the City to GYB. Additionally, the City may terminate this Agreement for Cause. " Cause" is defined as a violation of this Agreement or a violation of any City, State, or Federal law. If the City finds that it has cause to terminate this Agreement, the City shall provide notice of such violation to GYB. GYB shall have ten( 10) business days from the date of receiving such notice to cure the violation. If GYB cannot completely cure the violation within 10 business days, and no imminent health and safety issue is presented by the failure of GYB to completely cure the violation, the City' s Parks and Recreation Director( the " Director") may allow GYB to instead, within ten( 10) business days from the date of receiving the notice of violation, present a written proposal specifying how GYB will correct the violation and the timeframe in which it intends to do so. The Director may negotiate the terms of the written proposal with GYB, but in no event will the Director approve a proposal if the delayed time for cure presents an imminent health or safety issue. If GYB does not cure the violation, or submit a written proposal for curing the violation according to the terms set forth in this section 12, within ten business( 10) days of receiving written notice from the City or does not cure the violation in accordance with the timeframe presented in GYB' s written proposal, the City shall send a notice of termination to GYB. 14. Participant Fees: GYB shall pay to the City the applicable youth field usage annual per player fee set by the City in the Master Fee Schedule, as that fee may be amended from time to time. 13. Miscellaneous Provisions: a) Cumulative Remedies: The remedies of the City shall be cumulative to the extent permitted by law, and may be exercised partially, concurrently or separately. The exercise of one remedy shall not be deemed to preclude the exercise of any other remedy. b) No Waiver of Rights:No failure on the part of the City to exercise any remedy or right, or delay in the exercise of any remedy or right shall operate as a waiver. A single or partial exercise by the City of any remedy or right shall not preclude any other further exercise of that remedy or right, or the exercise of other rights or remedies. No forbearance by the City to exercise any rights or privileges under this agreement shall be constructed as a waiver, but all rights and privileges shall continue in effect as if no forbearance occurred. c) Applicable Law; Venue: This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in the County of Sacramento, if in state court, or in the federal court nearest to the City, if in federal court. d) Attorneys' Fees: If any legal action to enforce or interpret any provision of this Agreement, including an action for declaratory relief, is brought to enforce or Page 6 of 9 82741. 01002\ 33447835. 1 interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees from the other party. These fees, which may be set by the Court in the same action or in separate action brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled under this Agreement. This provision applies to the entire Agreement. Severability: e) If any provision of this Agreement or the application of any of its provisions to any party or circumstances is held invalid or unenforceable, the remainder of this Agreement and the application of the provisions to other parties or circumstances shall remain valid and in full force and effect. f) Assignment: The Organization may not assign any of its rights or obligations provided by this Agreement to any person or entity. g) Authority to Sign: Each party warrants that the person executing this Agreement on behalf of the respective party is fully authorized by that party to do so. This Agreement may not be assigned without prior written approval of all parties. Any unauthorized assignment shall be void. This Agreement supersedes all previous oral or written communication and contain the entire agreement of the parties to this Agreement and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. SIGNATURE PAGE FOLLOWS» Page 7 of 9 82741. 01002\ 33447835. 1 IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names. CONTRACTOR/ CONSULTANT: Must be signed by two officers of the GALT YOUTH BASEBALL corporation, one of which is the Financial ORGANIZATION Officer) Date: 1 a- 3_0Tax ID No.: K0 8_ d O LE d Signature) Signature) f` D vzS Print Name) teo 4joi( Print ame) Title) Vice Title) CITY OF GALT, a municipal corporation: ter- o-renzo Hines Jr. ib ger Date: ATTEST: ORIGINAL APPROVED AS TO FORM: 10- Ve_ 4. 111 Tina Hubert, ity Clerk Kimbeerlood, Interim City Attorney ORIGINAL APPROVED AS TO CONTENT: Armando Solis, Parks& Recreation Director Page 8 of 9 8274 I. 01002\ 33447835. 1 IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names. CONTRACTOR/ CONSULTANT: Must be signed by two officers of the GALT YOUTH BASEBALL corporation, one of which is the Financial ORGANIZATION Officer) Date: 1 a- ' Tax ID No.: KO g—0 L. F Signature) Signature) 31\ 41A o Print Name) s aUr Print Vice Prgiebrf pYJ( ame)) Title) Title) CITY OF GALT, a municipal corporation: Lorenzo Hines Jr., City Manager Date: ATTEST: ORIGINAL APPROVED AS TO FORM: Tina Hubert, City Clerk Kimberly Hood, Interim City Attorney ORIGINAL APPROVED AS TO CONTENT: Armando Solis, Parks& Recreation Director Page 8 of 9 82741. 01002\ 33447835. 1 SCHEDULE " A" Hours and days of utilization by the Galt Youth Baseball Organization at Meadowview and Harvey Park are as follows from February 1' to July 31' of each calendar year. Monday through Friday 4: 00 p.m. till 9: 00 p.m. Saturdays 8: 00 a.m. to 9: 00 p.m. Sundays— as needed or requested by the Galt Youth Baseball Organization. Hours and days of utilization by the Galt Youth Baseball Organization at Community Park are as S' follows from April l to July 31' of each calendar year. * Monday through Friday schedule are subject to date and times requested by the Galt Joint Union High School District as part of the MOU it holds with the City, which has priority over GYB. Monday through Friday 6: 30 p. m. till 9: 00 p.m. Minimum of Two ( 2) Saturdays per month designated by the Parks and Recreation Director from 8: 00 a.m. to 9: 00 p. m. Sundays— as needed or requested by the Galt Youth Baseball Organization. Page 9 of 9 82741. 01002\ 33447835. 1 RESOLUTION NO. 2020- 89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GALT, CALIFORNIA, ALLOWING THE GALT YOUTH BASEBALL ORGANIZATION TO ASSUME RESPONSIBILITY OF THE GIRLS' SOFTBALL PROGRAM AGES 6- 14 AND APPROVING AN AMENDED AND RESTATED LICENSE AGREEMENT GRANTING A LICENSE TO USE CERTAIN CITY FACILITIES TO GALT YOUTH BASEBALL INCLUDING USE OF THE SNACK BAR LOCATED AT THE SPORTS COMPLEX WHEREAS, in 1995, the City of Galt entered into an agreement with the Galt Youth Baseball Organization GYB) to assume the responsibility of the boys' baseball program for youth ages 9 to 18 years old from the Galt Parks and Recreation Department( GP& R), including the use of City parks and facilities; and WHEREAS, in 2017, GYB added boys' baseball for ages 5 to 8 years old. This caused the numbers of interested participants in the GP& R program to plummet and resulted in the eventual elimination of the City boys' 5 to 8 year old baseball programs. The GP& R continued to offer girls' softball programs for ages 4— 14 and boys' ages 4& 5; and WHEREAS, on September 20, 2020, GP& R received a letter from GYB requesting to add girls' softball ages 6 14 to their organization starting in the 2021 season. This would include the use of City facilities to facilitate games and practices for the girls and the use of the snack bar located at the Sports Complex. GYB would pay the City an annual per player participant fee, estimated at 300 participants annually, which will be used to offset GP& R electricity costs to run the Sports Complex snack bar at an estimated cost of$ 800 per year; and WHEREAS, traditionally in other jurisdictions, youth baseball and softball programs for these age groups are run by non-profit groups such as GYB has done over the past 25 years with their boys' programs; and WHEREAS, elimination of the girls' softball ages 6— 14 programs would reduce FY 2020- 21 player registration fee revenue by approximately$ 27, 000. However, associated expenditures are estimated to be reduced by 30,240, resulting in a net savings of$ 3, 240 to the GP& R FY 2020- 21 budget. The City will also increase revenue through the player participant fee paid by GYB in the estimated amount of$ 3, 300. If this GYB request is approved, budget appropriation revisions will be refined and implemented in the mid-year budget process. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Galt, California, hereby authorizes the City Manager to enter into an amended and restated license agreement, as set forth in Exhibit A, incorporated herein by reference, with the Galt Youth Baseball Organization to assume the responsibilities of the girls' softball program for ages 6 to 14 years and use of the Galt Sport Complex snack bar pursuant to the terms outlined in the license agreement. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Galt, California, this 17th day of November, 2020, upon a motion by Council Member Lozano, seconded by Council Member Lampson, by the following vote, to wit: AYES: Council Members: Lozano, Farmer, Campion, Lampson, Sandhu NOES: Council Members: ABSTAIN: Council Members: i ABSENT: Council Members: MAYOR, Cityof Galt ATTEST: , City Clerk, City of Galt

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