HomeMy WebLinkAbout2006-327
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RESOLUTION NO. 2006-327
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAJOR
LEAGUE SOFTBALL, INC. FOR ADULT BASEBALL AND ADULT SOFTBALL
SERVICES FOR A THREE YEAR PERIOD OF SEPTEMBER 1, 2006 THROUGH
AUGUST 31, 2009.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of City of San Bernardino is hereby authorized and directed to
execute on behalf of said City, an agreement between the City and Major League Softball, Inc.
(MLS). MLS agrees to provide contractual services for functions directly related to adult
baseball and adult softball programming. A copy of said agreement is hereby attached hereto,
marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAJOR
LEAGUE SOFTBALL, INC. FOR ADULT BASEBALL AND ADULT SOFTBALL
SERVICES FOR A THREE YEAR PERIOD OF SEPTEMBER I, 2006 THROUGH
AUGUST 31, 2009.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a it. regular meeting thereof, held
on the 5th day of September
, 2006, by the following vote, to wit:
Council Members: AYES
NAYS ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
VACANT
DERRY
--1L-
KELLEY
x
JOHNSON
x
MC CAMMACK
x
Q~l h.~
"-
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this 1+A. day of September
~6(//
/ endy McCamrnack, Mayor Pro Tern
,/ City of San Bernardino
2006.
Approved as to Form:
James . Penman, City Attorney
.f~
2006-327
OPERATING SERVICES AGREEMENT
MAJOR LEAGUE SOFTBALL
This Operating Services "Agreement" made the 5th day of September
2006, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
referred to as CITY, and MAJOR LEAGUE SOFTBALL, INC., a California corporation
hereinafter referred to as PROVIDER.
WITNES SETH:
In consideration of their mutual covenants and conditions, CITY exclusively
retains PROVIDER to organize and manage the City of San Bernardino Parks, Recreation &
Community Services Department's Adult Softball and Adult Baseball Programs and to do the
things necessary to provide the services, and to make payment to CITY, in accordance to the
terms contained herein.
I. DEFINITIONS
A. For the purpose of this Agreement, the following words and phrases are defined
and shall be construed as hereinafter set out:
1. CITY: The City of San Bernardino, acting by and through the Director of
the Parks, Recreation and Community Services Department.
2. PROVIDER: The Individual or Corporation with whom CITY enters into
this Agreement, and the person with whom the Parks, Recreation & Community Services
Department Director or their representative deals regarding the subject Agreement. All
employees and agents of the PROVIDER are subject to the terms of this Agreement.
3. STAFF: The Parks, Recreation & Community Services Department
Director, or their authorized representative, acting as agents of CITY.
4. SCOPE OF SERVICES: The services to be provided by PROVIDER, and
the responsibilities of PROVIDER, shall be limited to the following functions:
A. Program AdministrationlRegistration
B. Officiating Services
C. Scorekeeping Services
D. Awards
E. Field Maintenance/Preparation
5. LEAGUE DIRECTOR: The individual assigned by PROVIDER to
provide daily supervision.
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2006-327
6. SOFTBALL FIELDS: The terms "softball fields" and "fields" as used in
this Agreement shall mean only the in-play areas of the subject ball fields, and specifically shall
not include any out-of-play areas, bleachers, buildings or structures of any kind, sidewalks,
streets, driveways, parking areas, playground or school yard areas.
II. FINANCIAL CONSIDERATIONS:
A. As part of the services to be provided hereunder, PROVIDER shall collect on behalf
of CITY all team registration fees for the adult baseball and softball programs. As consideration
for its services under this Agreement, PROVIDER shall be entitled to retain 80% of the gross
receipts from team registration and forfeit fees for adult softball teams and PROVIDER shall be
entitled to retain 85% of the gross receipts from team registration and forfeit fees for adult
baseball teams. PROVIDER shall pay to CITY the other 20% of the gross receipts from adult
softball team registration and forfeit fees and 15% of the gross receipts from adult baseball team
registration and forfeit fees. Gross receipts shall not include team payments for SCMAF
registration fees (Sect. IV B (7)) and PMBF fees (Sect. IV B (8)).
B. Payments of the City share of team registration and forfeit fees shall be made by
PROVIDER to CITY in accordance with the payment schedule provided in Section IV. B. 9
below. PROVIDER shall administer the registration system including, but not limited to
registrations, collecting of fees, providing a receipt and keeping of an accounting procedure
acceptable to CITY.
III. TERM
Term of this Agreement shall be for a period of three (3) years, beginning SePtember 1.
2006 and expiring August 31. 2009 unless earlier terminated in accordance with other provisions
of this Agreement.
IV. OPERATING RESPONSIBILITIES:
A. GENERAL
1. Emplovees: PROVIDER shall provide such employees or independent contractors
(collectively referred to as "employees") as may be required to render good service, to the
satisfaction of STAFF. Such persons shall be satisfactory to STAFF as to their personal conduct,
honesty, courtesy, health, personal appearance and willingness to cooperate with CITY
employees. In the event an employee is not satisfactory, as herein defined, STAFF may furnish a
written directive to PROVIDER to correct the cause of said dissatisfaction. If PROVIDER does
not correct said problem to the satisfaction of CITY within 30 days after said written directive is
received, STAFF may furnish a subsequent written notice to PROVIDER requiring that said
employee be excluded from providing further services to CITY.
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2006-327
2. Operation. PROVIDER shall provide general supervIsIOn of softball fields
including the enforcement of safety practices and regulations during periods the softball fields
are in use in connection with the operation of the City of San Bernardino Adult Softball and
Baseball Programs (in accordance with published game schedules as submitted to and approved
by CITY). PROVIDER shall exercise the right to exclude persons from using the fields who do
not abide by established rules.
3. Conduct. PROVIDER shall at all times perform its services in a quiet and orderly
manner to the satisfaction of STAFF.
4. Disorderlv Persons: PROVIDER shall use its reasonable efforts to prohibit
intoxicated persons, profane or indecent language, or boisterous or loud conduct in or about the
softball and baseball fields and will call upon the aid of peace officers to assist in maintaining
peaceful conditions.
5. Permits and Licenses: PROVIDER shall be required to obtain at his sole expense
any and all permits or licenses that may be required in connection with PROVIDER's subject
operation including, but not limited to tax permits, business licenses and health permits.
6. Signs and Advertisements: No signs of any kind shall be displayed by
PROVIDER unless approved by CITY, who may require removal or refurbishment of any sign
previously approved. PROVIDER shall not permit vendors to display wares unless written
permission is secured from CITY and such permission shall be subject to revocation at any time.
CITY may charge and collect fees for the display of signs advertising products and/or services.
7. Sponsorship: Notwithstanding that PROVIDER is providing to CITY the
operating services contemplated in this Agreement, it is acknowledged that the City of San
Bernardino Adult Softball and Baseball Programs are sponsored by CITY, and that PROVIDER
is not a sponsor or co-sponsor of said Programs.
B. ADMINISTRATION
1. League Director: The LEAGUE DIRECTOR shall oversee the program on a day-to-
day basis. The League Director shall be an experienced umpire/scorekeeper who will work to
serve the needs of both City and program participants.
2. League Coordination: The dates designated for and the duration of each league,
registration procedures and the number of games offered will be determined by and within the
sole discretion of CITY. PROVIDER shall schedule adult softball league play according to
facility schedules as determined by and within the sole discretion of CITY.
3. Marketing: PROVIDER shall at all times use its reasonable best efforts to provide for
the best possible program promotion, consistent with the marketing services generally offered by
persons engaged in providing services similar to those required of PROVIDER under this
Agreement. Services shall include, but may not be limited to, press releases, program flyers,
Page 3 of 10
2006-327
copy for the City Brochure, letters and forms, mailing lists a phone "hot line", and
internetlwebsite registration and promotion. All such marketing materials and forms must be
submitted to CITY by established deadline. CITY'S written approval shall be obtained before
such materials are distributed.
4. Pre-Season Services: PROVIDER shall arrange with STAFF mutually agreeable
dates, times, and a San Bernardino location for team registration. PROVIDER shall collect and
deposit league fees into a separate "San Bernardino Trust Account." PROVIDER shall be
responsible for team classification and league formation resulting in the most balanced and
equitable competition possible. PROVIDER shall be responsible for preparing, printing and
distributing of game schedules. Copies of game schedules shall be provided to CITY prior to the
start of each season. Changes to game schedules will be provided to CITY within three (3)
calendar days after their occurrence. Faxed copies and changes are preferred, although timely
website postings are also desirable.
5. Sign In Sheets: PROVIDER shall provide sign-in sheets with hold
harmless/release/assumption of risk provisions ("Release"), approved in advance by CITY in
writing and ensure that each player signs the Release. PROVIDER shall not permit any person
to play any game unless that person has signed the Release.
6. Manager's Meeting: PROVIDER shall organize and supervise each pre-season
manager's meeting. This meeting will include distribution of league rules. City facilities will be
made available for this purpose.
7. Southern California Municipal Athletic Federation (SCMAF): PROVIDER shall
complete all SCMAF team registration paperwork for those teams that choose to pay the
prevailing registration fee, as required by SCMAF, and pay such registration fees to SCMAF
within thirty (30) days of the first scheduled day of the season.
8. Player's Medical Benefit Fund: PROVIDER shall collect and deposit the optional
PMBF fee for each team that pays it.
9. Method of Payment: PROVIDER shall pay to CITY 15% of the gross receipts from
team registration and forfeit fees for Adult Baseball and 20% of gross receipts from team
registration and forfeit fees for Adult Softball, in accordance with the following schedule (with
each date specified being said date next following the start ofthe subject League):
Winter League
on or before April 15
Spring League
on or before July 15
Summer League
on or before October 15
Fall League
on or before January 15
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2006-327
PROVIDER shall transmit with payment, a Gross Receipts Report for the season which payment
is submitted. STAFF shall provide a form for this purpose, and the completed form shall include
a statement of the gross receipts by source of sales, and such other information as STAFF may
require. The payment/check shall be made payable to "City of San Bernardino". The payment
shall be addressed to:
City of San Bernardino
Parks, Recreation & Community Services Dept.
547 N. Sierra Way
San Bernardino, California 92410
In the event PROVIDER fails to submit payment by the date due, interest at the maximum
amount allowed by law will be charged for each month, or fraction thereof, that the payment is
due. This charge is intended to compensate CITY for additional accounting and administrative
costs.
C. SERVICES
I. Officiating Services: PROVIDER shall recruit, provide, train, supervise and evaluate
softball and baseball umpires. PROVIDER shall schedule and assign the approved number of
SCMAF and C.I.F. certified umpires to all games.
2. Scorekeeping Services: PROVIDER shall recruit, provide, train, supervise and
evaluate all scorekeepers. PROVIDER shall schedule and assign league scorekeepers to all
games. PROVIDER shall provide computerized scoring of all league softball and baseball games
and generate and provide to teams reports at the conclusion of each game. CITY shall provide
one (1) 11O-volt electrical outlet at each field.
3. EQuipment: PROVIDER shall provide all essential game equipment, including, but
not necessarily limited to: one (I) new and one (1) good used SCMAF approved softball or
baseball for each game, certified home plate extensions on each field, and Hollywood Impact or
similar City approved quality bases for each field.
4. Field Maintenance: PROVIDER shall perform maintenance services in accordance
with PROVIDER'S written proposal titled "The MLS Standard Softball Diamond Maintenance
System (SBDMS), Attachment I". Each term and condition set forth in Attachment I shall apply
and are incorporated in this Agreement by reference. PROVIDER also agrees to complete any
and all of the renovations as may be negotiated during the course of this agreement in good faith
time and quality service/workmanship. Payments coming from 15% of Adult Baseball and 20%
of Adult Softball registration fees and forfeited game fees will be used to compensate all or part
of these field renovations as agreed upon by both parties.
5. Awards: PROVIDER shall provide individual awards for first and second place
teams. Awards shall consist of shirts, sweatshirts or similar items as approved by City.-Awards
shall also be provided for statistical leaders in up to three (3) categories in each league at the end
of each season.
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2006-327
V. SOFTBALL AND/OR BASEBALL FIELD IMPROVEMENTS:
A. PROVIDER may make additional softball and/or baseball field improvements subject
to prior written approval of CITY. In addition, CITY may, from time to time, make certain
improvements, which it deems to be advantageous or necessary for the protection of public
property.
VI. LIABILITY AND INSURANCE:
A. Hold Harmless:
1. CITY and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnities") shall have no liability to
PROVIDER or any other person for, and PROVIDER shall indemnify, defend, protect and hold
harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action,
proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature,
including reasonable attorney's fees and disbursements (collectively "Claims"), which
Indemnities may suffer or incur or to which Indemnities may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise to the extent occurring as a result of or allegedly caused by the
negligent, willful or unlawful acts or omissions of PROVIDER, its agents, officers, directors or
employees, committed in performing any of the PROVIDER'S obligations under this
Agreement.
2. If any action or proceeding is brought against Indemnities by reason of any of the
matters against which PROVIDER has agreed to indemnify Indemnities as provided above,
PROVIDER, upon notice from CITY, shall defend Indemnities at PROVIDER'S expense by
counsel acceptable to CITY, such acceptance not to be unreasonably withheld. Indemnities need
not have first paid for any of the matters to which Indemnities are entitled to indemnification in
order to be so indemnified. The provisions of this section shall survive the expiration or earlier
termination of the Agreement.
3. The provisions of this section do not apply to Claims to the extent occurring as a
result of the City's negligence or willful acts or omissions committed by the City in performing
any of the City's obligations under this Agreement.
B. Insurance: While not restricting or limiting the foregoing, during the term of this
Agreement, PROVIDER shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000, per occurrence combined single
limit, naming the City of San Bernardino, its departments, agencies, boards, commissions,
elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate
of insurance evidencing such coverage shall be provided to the Mayor or his designee, with the
added notation that the insurance policy shall not be terminated or materially altered without 10
days prior written notice to the City.
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2006-327
C. Worker's Compensation: PROVIDER shall at all times during the term of the
Agreement subscribe to and comply with the Worker's Compensation Laws of the State of
California and pay such premiums as may be required thereunder, and hold CITY harmless from
any and all liability arising from or under such act. Prior to any operations being performed
under this Agreement, and at such other times as may be requested, it shall furnish a copy of the
official certificate of receipt, showing payments herein above referred to.
D. Safetv: With respect to the services being furnished by PROVIDER under this
Agreement, PROVIDER shall correct safety deficiencies and violations of safety practices
immediately and shall cooperate fully with CITY in the investigation of accidents occurring on
the softball fields. In the event of injury to a patron or customer, PROVIDER shall ensure that
the injured person receives prompt and qualified medical attention, and as soon as possible
thereafter, it shall submit a "City Accident Report" form.
VII. DEFAULT AND CANCELLATION:
In the event PROVIDER defaults in the performance of any of the terms or conditions of
the Agreement, or fails to conform to the rules and regulations or any of the directions or
instructions that may be properly made by CITY in the exercise of its powers, or fails, neglects,
or refuses to pay the CITY'S monies or any part thereof within thirty (30) days after the same
shall become due, or becomes unable through personal incapacity to fulfill his obligations under
the Agreement or defaults in the performance of any of the other terms or provisions therein
required, CITY shall have the following options without further notice or authorization from
PROVIDER, and its choice of any option shall in no way waive its rights to select any other
option at any time:
A. If the PROVIDER does not cure said default thirty (30) days after written notice of
default (forthwith for a default involving sanitary safety conditions) or make reasonable progress
to cure said default, CITY may terminate the Agreement, assume the operation, and exclude
PROVIDER and/or
B. CITY may retain any of PROVIDER'S money on deposit in the "San Bernardino
Trust Account" and any of PROVIDER'S property on the softball and/or baseball fields and
apply same to the payment of any and all claims which may be due CITY, and/or
C. CITY may recover at law any and all claims which may be due CITY; and/or
D. CITY may perform such work as it deems necessary to cure said default and charge
PROVIDER for the full cost of labor and materials expended, plus thirty percent (30%) of said
cost for administrative overhead. STAFF may exercise this option immediately in the event of a
default involving cleanliness provisions or safety provisions of the Agreement. STAFF may
exercise this option within ten (10) days after giving PROVIDER written notice of default
involving maintenance provisions of this Agreement.
E. In the event of abandonment or other inability of PROVIDER to conduct the services
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2006-327
required herein, CITY shall have the right to take immediate possession of all operations.
The acceptance of all or part of a payment by CITY for any period after a default shall
not be deemed a waiver of any of these options, nor a waiver of the default or any subsequent
default of the same or any other terms, covenant and condition. Any waiver by CITY of a default
on the part of the PROVIDER shall not be construed as, or constitute a waiver of, any
subsequent default of the same or any other term, covenant and condition.
In the event CITY defaults in the performance of any of the terms or conditions of the
Agreement, and if a written notice of such default is issued to CITY by PROVIDER by
registered mail, and if CITY does not cure said default within thirty (30) days of receipt of said
notice as evidenced by return receipt of registered mail, then PROVIDER may immediately
terminate the Agreement and recover at law any and all claims which may be due. However, if
PROVIDER fails to notify CITY of its default within sixty (60) days after learning of its
occurrence, then it has automatically waived any all of its rights occurring hereunder.
VIII. ASSIGNMENT. BANKRUPTCY:
A. PROVIDER shall not transfer, assign or in any manner convey any of the rights
or privileges therein granted without the written consent of CITY. Neither the Agreement nor the
rights therein granted shall be assignable or transferable by any process or proceedings in any
court, or by attachment, execution, proceedings in insolvency or bankruptcy either voluntary or
involuntary, or receivership proceedings. In the event of insolvency or bankruptcy, either
voluntary or involuntary, CITY, at its option, may terminate and cancel this Agreement, in which
event all rights of PROVIDER herein shall cease immediately and possession of the softball
and/or baseball fields shall be delivered to CITY.
IX. BUSINESS RECORDS:
A. PROVIDER shall be required to maintain a method of accounting of all receipts in
connection with the performance of its services hereunder, which shall correctly and accurately
reflect the gross receipts received by PROVIDER relating to this Agreement. The method of
accounting, including bank accounts established for operations under this Agreement, shall be
separate from the accounting system used for any other business operation of PROVIDER. Such
method shall include the keeping of the following documents:
1. Any accounting records that CITY in its sole discretion deems necessary
for proper reporting of receipts.
2. A log showing the number of teams registered in each league. This log is
to be considered an accounting record.
B. All such documents, books and accounting records shall be open for inspection and
reinspection at any reasonable time during the terms of the Agreement and for a reasonable
period, not to exceed one year, thereafter. In addition, CITY may, from time to time, conduct an
audit and re-audit of the books and business conducted by PROVIDER, and observe the
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operation of the business so that accuracy of the above records can be confirmed. If the report of
gross receipts made by PROVIDER to CITY shall be found to be less than the amount of gross
receipts disclosed by such audit and observation, PROVIDER shall pay CITY within thirty (30)
days after billing any additional amounts disclosed by such audit. If discrepancy exceeds two
(2%) and no reasonable explanation is given for such discrepancy, PROVIDER shall also pay the
cost of the audit. The PROVIDER understands that an annual audit by the CITY may be
conducted and PROVIDER agrees to cooperate fully with the CITY during each audit. All
information obtained in connection with CITY'S inspections of records or audits shall be
received and maintained in confidence and shall not be disclosed to anyone not directly
connected with the official business of CITY, to the extent permitted by law.
X. REGULATIONS. INSPECTION AND DIRECTIVES:
A. Citv Rules: PROVIDER and its employees shall at all times abide by all Rules and
Regulations heretofore adopted or that may hereafter be adopted by CITY and cooperate fully
with CITY employees in the performance of their duties.
B. Laws and Ordinances: PROVIDER shall conduct its business in accordance with all
the laws, ordinances, rules and regulations applicable to such business as set forth by the City,
County, State and Federal government.
C. Permissions: Any permission required by the Agreement shall be secured in writing
by PROVIDER from CITY and any errors or omissions there from shall not relieve PROVIDER
of its obligations to faithfully perform the conditions therein, and without regard to any other
basis prohibited by law. PROVIDER shall immediately comply with any written request or order
submitted to it by CITY or STAFF.
D. Right of Inspection: CITY and STAFF, their authorized representatives, agents and
employees shall have the right to enter upon the subject softball and baseball fields at any and all
reasonable times for the purpose of inspection and observation of PROVIDER'S operations.
During these inspections, they shall have the right to utilize photographic devices and other
instruments for recording conditions and events taking place upon the subject ball fields. Said
inspections may be made by persons identified to PROVIDER as City employees, or may be
made by independent contractors engaged by CITY.
E. Standard of Performance: PROVIDER represents and warrants that it has the
qualifications and experience necessary to properly perform the services required under this
Agreement in a thorough, competent and professional manner. PROVIDER shall at all times
faithfully, competently and to the best of its ability, experience and talent perform all services
described herein. In meeting its obligations under this Agreement, PROVIDER shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
services similar to those required of PROVIDER under this Agreement.
F. Nondiscrimination: PROVIDER shall not discriminate, in any way, against any
person on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the performance of
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2006-327
this Agreement and shall comply with the provisions of the State Fair Employment Practices
Act; the Federal Civil Rights Act of 1964, and all amendments; all administrative rules and
regulations issued pursuant to such acts.
G. Severability: In case anyone or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and the remainder of the
provisions of this Agreement shall continue in full force without impairment.
H. Integration: This Agreement constitutes the entire Agreement of the parties
concerning the subject matter hereof and all prior agreements or understandings, oral or written,
are hereby merged herein. This Agreement shall not be amended in any way except by a writing
expressly purporting to be such an amendment, signed and acknowledged by both parties hereto.
XI. AGREEMENT IN DUPLICATE:
This Agreement is executed in duplicate, each copy of which shall be deemed as an
original. \
IN WITNESS WHEREOF, CITY and PROVIDER have executed the same, the day and
year hereinabove written.
MAJOR LEAGUE SOFTBALL, INC.
By: ~
Title: ~~
Dated:_lIh Jo~
I f
Title: Mayor Pro Tern
Dated: .4r 7, :tOOCi:>
Attest:
By: Q-v....Ju.J.. h. ~,
'--
Title: City Clerk
Dated: ~ g I :L(j(}("
Approved as to Form:
D
l- 0tJ"
Page 10 of 10
2006-327
MAJOR LEAGUE SOFTBALL
IV
BALL FIELD
MAINTENANCE SERVICES
Rcf()n? during and after each ~Dftball season, I'vlLS
\vill provide the f~)llo\\'-ing services:
The MLS Standard Ball Diamond
Maintenance System (SBDMS)
The ['vlLS Field J\ilainlcnanl..:e Division i~ managed by
MLS's LJireelor of rvlainknanee Operations (hereafter
"DFM') The DFM has integrated his own innovative
idea..:; along with proven mallltenunce techniques to
create a ctllllprchcn~i\-T llHlill(i;.'11:I11CC system th~\!
renders ball I'icld conditions that have proven (",th
safe ~llld l'njo:v'able j(~r program participants.
The most rCl11arkJble benefit of the MLS SLll1d,ml
I)all Diou11ol1d \1ainten'lllee System (SIlDVlSI is tlllll
it aff(lrds prngram adrninistrators the opportunity' to
resume le;'lgue pL1Y immediately' arter ltlclcl1lellt
wcather. The SDD\lS elllnina!es the l1eed to watt
multiple days for ball helds to dry a!'ter a heavy ralll:
this feature has signifIcantly reduced lhcnumbcr or
rain~d-olll game..:, and th~ resulting reschedulIng
burden. \ilLS warrant, tllllt the SBDMS will enable it
to ~C'hedll!c and \"~ull1plct.c tl.)ur (4) :-;oHball scasnn" \"'('r
YC:lr, rcgardll's:, or the illlloLlnt oj' rdinl;ll I.
By their very natun:, every s(lrtball field has a UI11QUl'
set of cOlldi.tiollS that requires special attention.
Therefore, the Majur League Softball SBDMS
consl;;t-:; of two
d i s till l~ l
components'
Perlodi\,.' Hcpair
Services and the
1 n [' i e I d
r r (' a tine II t
Progr<ltll.
Periodic Field Repair Services
T(l the e,\.t\:nl that adult :>tyflL...,dl play' imp:ll.:ls IIw fields
;dlnclkd [l.)r It'ague lise, the t't1Ilcl\\'ing rep<lir st'r\iil.:~~ \-"\,ill
be perfnlllled n!1 t:ach fidd prl\:;r;lmmed for adult softball'
I)
Survey thc tractiol1 (infield) area each scason to
C\dlu:lte the c\l:-;tin~ gr;H.k ~\Ild dccidl.~ which
cquipment ~\Ild grading lllctbod should be
employed to bring the inticld(s) to the proper
gr:ldc, Sce Paragraph /l3 belo\.v for ~pcci1ic
ddail-:, n:garding grading eyuipment ,md method",
21
-\ttcr<';UI'vcYll1f', the tTilction area of c:1Ch I1lficld.
obTain ,llld pr\)vltk whalen:r amount of traction
111atcri~'11 C'.\l1gcl1\:f l:'\", dcc()lllpo~cd gra1l1tc,
;:tc..) IS IlC('CSS~II"y tu build up the II1ficld(sl that
have sulYcl"L'd significant makri~li Jisplau.:mt:nl
ir:lddillOnalll\ICliull material IS l1c'-'<.kd 10 creal::
d In'cl cn\d~:, II muq hc ck<lrly ul1tkrsttwd thaI
the SBD\'IS !r:ll'tlun m;!tenal rt:plac~l11enl
t::aturl' is 11Illitcd h> rcpbClng only' thu~c tlu;lIltitics
of m,Hcn;ll that lli.l\''': lX'C1l l()st or displaced due to
;Hlult :,;ohhall u:;e, The SBDi\tS will nl)t lIlcludc
I\..'placcmcnt t)t tr:lcttOIl material when .:;uch
1l1,-11cri,d It,,,,, or dl:;placcl1lcnt IS causcd b)' \\cather
illl"J:or ;llhll'li-.: us;,;':" -;uch d';; tm';;l'bnll. ynulh
"ldHl(lll. ,-;\..l(~:~:l, ."-'clwi.'! prngral11ll1lllg ur ~lIlY (it::!d
I,:';;l'-; (lthel" (han Jdl1ll ,,\\nh~1l1
1)
On three (.1) OCt;;l:,-](lll.;; per ycar. gradc (he tracriull
iJrca of cach tnfi,,Jd uSing ,1 :;k Ip loadcl' <.ll1d
"(jannon'" gG1ding box. Iracti'')1l material ,,\'ill be
mid,::,'d \\"hcre lll'CCS:-;,lry during the gr~\ding pr(\ccss,
Tr~lctJl)n mall'I'i..1l rurch:Jsc~ \,vill he pr(lrat-.;d
-;tlt.:h that ,\vlLS \,vill pay rur I Lh;lit.111 m~lttTi:d 0111y
W Ihe (he e\ll'llt Dflhi..' SjJ[):vl~ maleri<ll
r~pLl(:C:jn~lli k~l1llrc: ddlned in Paragraph .2 ~lbovc
;111d IlK Cit):wil1 pay f(lr tlh,' rwrtJon of each
trdctioll Ill,llenal pure hast' that i~ llccdcd duc t(1
llt)lhhlult 'iottballlhc<' and(l1~ \\-cather. Tt) eJ1:'-llrC
nplillwl ,Jrain~lg.:. saki;: and playability UIl '-''-1(11
mEek1 ~lll(lc..lIl.~d 1111- adult soJtballlcague I)Lty,
\lLS <,lr"ll~_dy recollllllcIH.!" lh~lt cdch 111IJcld
J''; j:J-.:~~r l~~\ ckd tlll Olle II) \lC~:aSII'Jl 1'h.'1" ). e.lr. i'vlLS
will invtlict.' the City the sum (lrj5()(J.(J() reI
11lfi(:1~1 aftcr rcndcrlllg b~t.:r lcvclillE! ,,:t.::rVICC,S.
2006-327
THE MAJOR LEAGUE
ALTERNATIVE
'II
On ,1 <.;,e,ISl1n;J! basi:;;, <.;llfvey 1l1~ out field ()lldded)
arca tn ddcnllll1l' \\hich :1IT;1:-. arc worn \)1
dillllag.:J till': In adult :-,()fthall LISe. \Vll(;11
n..::ccssary, ohtaln Jnd p((lvid;: \I.'h..lt('vcr type
of sod that is currently llsed '-IS outfield turr(I.L:.
bcrllluJa. p(;rcnnial rye. clc.) ['\ilLS will supply
enough sud [0 r.:omrletcl)' fill those areas v,'hil.:h
:1J"e hC~I\.ily llllpal'ted by sulHxdlleagLlt;' pl"y. t'....ILS
will use ]lmpl;'!" ';'Jd ..:filling t.,:lllliplll~IH 11.1 n:rno\,(;
dalll~lgl'd, \V'Jr1l \\r d!",-',l"I.:'-\ sod ,11ld rcpli1<.:c
It with new. hC'dlthy kngth:'i, Dllril1~ thcpLl1ll'l1g
pr()c~ss. \lLS will add JIl f1(:(C':-.<.;ary
:llllcndlllcnls {n;;c:pc 10 In: mutually agn:ed uron
h:m;ccll thL' i.Lpllj'ppllak ('ity st;ltfmcfllhcr(~) :111l1
the DFV1) to Ctl"urc prnpcr m;:ndillg :lJld growth.
It tl1lbf hI..' ckarl\' UlldCI'-,tood tl1<1t this SGO\IS
sod rcplal.;c1llcnt f~atllrc IS limited to damage or
\-vcar that i~ "pcclfically causcd by miLdt ~()Hb<lll
us~ only. \VOI11 or d:1J11:1g:cd an::j':> of:\ soltbilll
(ll1ttield ur pc.:rirnt.'li:r honkr Ih<ll h~I\'L' bec11 C~l11Sl'd
by otller :n..:llvilies or i1lhlelic ll"-'t:'i ':>\1\.:1\ <Ie; Ylltl1h
sntthall. hasch,'dl. :';()Ci.:l'[', rUbh~" 0[' fflotb,l!l
\\-111 Ill't be cPllsldercll p:\rt dfrlk' (lutfi(:ld ared that
will k' rl:r:lircd hy rile SnD\-lS
:=;)
\Ie;;l;..un: the dlstallcL";: fnllll hllllll' phtl', hel\Vl'(.t1
hdSC ;l1lClllIr:-;, :lnd 10 tIle: pitcher.... plate truhh,:l'l tn
cl1:-:urc thelt the\' fill within ~hL' spccifil.:atinn..;, set
I\Htn in the SCi\.--t.\F ruk bo()k. .\t Ihis time. ,Ill
b,ISC ~'l1("lwrs, home plal..;s anJ pitchers' pbt~s \..-dl
bc thoroughly chi..'ckcd fN c"l:..:ssivr: wcm or
dcfcct~: and a wriUell SLttllS rL'p~)rt Illil)' bL'
'illblnitt~d In 1 he ;,lppn1pri:\k L'ily Slil!'r l1lt'nlbl,;'rt...),
(,j
ll'.1IIg.1 ltght Il1l.'t-.:r, 1\.'1 LS \yJ11 tc:,;t th~ c;-ll1dlc filM
J'\\\h~r (lux) for c;lL'h Intlcld ::1I1d ',Huhdll. III the
C\'cm th;\t all C\lstln,l-! ,:andk )()\J1' rcadin.~ d()~s n\).
comply \\ i.h thl.: Sbk {)i'C~lIir~lt'l1ia\ lllllltlll1lJ11
'it,md<lHI 1'01' bedl field lh(,:, <l \o\Tilli.:ll dIagram
i1ltlo.;lr;ltmg Ilk IUL.':tliUI1 :md l[\l~tn{HY (\f~<tch
reddillg will he plW. Ided to 11I1.:' <tppropri,lL: I.:il\
"tlff rnCl11IH.:r(,,).
7)
When llL'Ci...:-"~tr".', the pL.'ril11l.'kr bnrd:.:r ellg\.' (thl'
Illle \..l\(.:rl.~ IJlJi('ld lr:lc\!(111 tl1.I\,:rla) !llCl~t" (Julri,~ld
1urn \\i11 n':Cl.:l\'t: '-;]h:I.';:1I :lt1i:.'1lIi"1l In c1i1ll111dtC ~111~
herm ,'1' ndgc Ill,1t ck:\-cl(lp,- t'rilill frcquent t\~i..'.
:>
l'vlLS will delhdlch, sl"idp :l1ld \\';lkr bbl'jl the
pcril11d..::t- ..::dgl' such thilt it will r~lllilin free nf
illfi,.::ld 1111_'< bulluup. It ll1ust lx c!cenly LlIH,icrst(l\.)d
that thi-; infl.:ld pcrimct.:r bord.:r repair
k~~ltlll'e i:> 1111lif.:d In rcpairofdamag:c caused hy
adult s{)tlbal\ us,,: only. The SBD\lS will not
pl\lvid-.: rq",)~\lr ()fperinK1-.:r border cdges \-vhen
such repilir:-i ~1]'L l:illlsed hy \,\eatl1o:r <lnd.'or alh1etil.
LI"C:..',lldl ;1:" h,hL'b,dL ~ul,th ':i\)nlxdl, ...tlL'C~r.s(;h{\ol
pi osr,1l11l11 1111:; I'll' <l1l." ti(.ld US(;:;" !ltb,:'r thiHl adult
~'wtth:,IL
N()TI~:t\'n.s \vill ('\illuMe the L~xi~ting condition:; on
each suJihall l"ic]d alhxilk'd I<Jr adult h;aguL.' lbc prior
to C0I11111CnCL'1l1Cnt 0[' a contract. IV the existing
l:ol1ditions Oil c~lch sonb,lll field do rwt lll~et II1du,-;try
st~ltlLiJrds then ~vll.S \vill prepare a written estimate of
proposed renovation si...'rviccs wilh i\1LS's ~'ustomj-lry
chargc~ Il')r ~llCh sCr\i(c~. In such sitlliltlollS, the City
agrees to eithcr an:L'pl \ILS\ prupusal <111\.1 ray \lLS
to renovate sald ~nfth:dl fickls ()r the City \Nlll hL',lT
!h~' lTSpUIlSlbilil}' f\lr hrlnging c;aid fidds up to
Illdll~lry s1.lIld:nd" !<n s:lkl) illld plaYilbi]it.y,
Pcri(,di\.' Repair S":"1"vic'cs arc provided to ensure that
<Ill playing surlacc:--. are ~ert ;\vadahlc f()r program
llse, It i" 11l111Uall}' undcrslood \11:11 the City h:ls its
own, s~per:Jle parks lll:lintenan~'e ::-:1 a IT an(Lor parks
rnallltcn::1llC(' program. The ~1~J)\1S j" not a parks
rl1<.l]!11CnmlCl' pn1grarn and is nol illll'lH.h:d tn alleviate
tl1<-: Clt.V':-; p~lrk ll1Jlllicn::\lH..'C rcsponsibll1l1CS.
Infield Treatment Program
\ltcr 11L'U'-;silry PCrJodic Repatr Ser\']Ci.:S have heen
compleh.xL (',1\:11 .;.nftball fick] will h(~ ready ttJr the
llpenillg day of ':~\Lh ""C~lsun. Beginning Ol1 opening
day. \1l.S's held .\LlIlltcllallcc staff "ill perform all
Inlll'ld Trl';\frnCllt \111 ,-',lell li\.'ld schedul\..'d t(lr kilgllC
pla\
1"l1l' 111fiL'Id T1L'all11l'l!l Pn1!:;nttll L\kes illltl {[\."C\.lUlll
lhat spel'lrtC Ilk'altOl1:; (reltTred to as "high-impact
~\rCi.ls''') 011 (,'iH.::h -;(I;'tha]l dIamond clldurc heavy llse
2006-327
MAJOR LEAGUE SOFTBALL
and thus require special aUention. I-ligh-impact areas
such as batter"s boxes. catcher's and umpire's places
behind home plate. thc pitcher's mound, the base
paths. and the sliding arcas aronnd the hase anchors
will receive additional watering and searirying on a
daily basis. A Daily Intield Treatment consists of the
following steps that are performed each day that a
fidd is scheduled f~:)r kagtlc play:
\') Large quantities of displaced material frnlll
high-impacf area:) \.vilJ be bm:k-fllJeo using the
frollt ~CO(lp OLl .lnhn D(;cr~ 1200 ball field
L:unditiullcr anu/or a 11lndsL:apc: rake.
2) The entire traction area \\.ill be watered, with
additional quantities applied to high-impact
areas.
3) .'\S needed, the cntir~ traction area \-vill be scarifIed
llsing a variety of depth settings, depending on the
existing <.:onJition or [hi.: ficld.t\'lLS staff llSL'S
sl.:ariJicrs that come as standard i.ltta<:hn1L'nts on
John Dct.:n: 1200 hall field conditiollers. Th......ID
1200 scaritiLT is 54 inches wide and can be ~l:t to
depths ranging from one to six inches. Lxtra l2arc
will he cxercised whell scarifying Ilcxt to
perimeter edges. hase anchors. home plates.
pitcher's plates. backstops and chain link fencing.
(E.xpcricncc has sho\\'n that this process rcnders a
l.."onsistcnt infield texture thaI significantly
r....,duces the.: number or injuries rclatcd 10 bmJ
bounces and sliding on hard or unlcvcl Sllrt~ICCS.)
4) The Jl) 1200 grading/leveling attachment and a
"sen:en" drag will then be employed to evenly
distrihute tradinn material over the entire traction
area sllrt~ICC of till..' infield leaving a smooth
sllrt~1Cc.
5) Finally, the tield shall be lincd as prescribcd
by the SCMAF rule book. Using a ballcr's bU,1(
1L'l11plHt~ and string. r\:lLS staff will set dU\.vll thl..'
battc:r's boxes, fOLlllil1e~, co.Khl's' boxc~, fir~t
base 11.I1111i11g line. auLl on-deck cirdcs.
-\flprorrlutc city statfmcrnhcr(s) will be
consultcJ, so that \1LS \vill use only field l1l~ll'kil1g
materials that have been approved by' the C'ity.
While the S!3DMS iN comprehensive, it docs not
include the following landscape and parks
maintenance tasks: seedll1g, aeration, fertilization.
mowillL!:, border ed~in!! or trinlt11ing, walerin!! or
...... ..... ..... .....
oullicld areas, irrigation system repair. or Infield mix
replacement that becomes necessary due to weather
or uses other than adult softball. However, tbe MI.S
Ficld Maintcnance Division is capable or providing
maintenance services well beyond the s~opc of the
Standard Ball Dimnond Maintenance System. If such
maintenance services arc desired. MLS is \vilIing to
nl'gotiale a separate contract to provide addition:d
maintenance services.
'\