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èÛÚÐ× ÍÖ ùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ ìÊÍÙÐÛÏÛÈÓÍÎ ø×ÙÐÛÊÓÎÕ ÈÔ× ïÍÎÈÔ ÍÖ òÛÎÇÛÊà ÛÉ ©îÛÈÓÍÎÛÐ úÐÍÍØ øÍÎÍÊ ïÍÎÈÔ¨ éÈÛÖÖ ê×ÌÍÊÈ ìÊÍÙÐÛÏÛÈÓÍÎ ùÓÈà ùÍÇÎÙÓÐ ê×ÕÇÐÛÊ ï××ÈÓÎÕ ïÓÎÇÈ×É ¦ ø×Ù×ÏÚ×Ê éÈÛÖÖ ê×ÌÍÊÈ ïÓÎÇÈ×É ùÍÇÎÙÓÐ òÍÓÎÈ ï××ÈÓÎÕ ùÛÐ×ÎØÛÊ éÈÛÖÖ ê×ÌÍÊÈ ê×ÆÓ×Å ÍÖ ûÙÙÍÇÎÈÉ ìÛÃÛÚÐ× ùÔ×ÙÑ ê×ÕÓÉÈ×ÊÉ ûì ê×ÌÍÊÈ ùÔ×ÙÑ ê×ÕÓÉÈ×Ê ùÔ×ÙÑ ê×ÕÓÉÈ×Ê ø×Æ×ÐÍÌÏ×ÎÈ óÏÌÛÙÈ ö×× ê×ÌÍÊÈ óÏÌÛÙÈ ö×× ê×ÌÍÊÈ ûÌÌÊÍÆÛÐ ÍÖ éÌÍÊÈ çÉ×Ê ûÕÊ××Ï×ÎÈÉ éÈÛÖÖ ê×ÌÍÊÈ çÉ×Ê ÛÕÊ××Ï×ÎÈÉ ÖÍÊ ùÍÎÕÊ×ÉÉ éÌÊÓÎÕÉ ìÛÊÑ çÉ×Ê ÛÕÊ××Ï×ÎÈÉ ÖÍÊ ñ×ÆÓÎ ïÍÊÛÎ ìÛÊÑ çÉ×Ê ÛÕÊ××Ï×ÎÈÉ ÖÍÊ ìÊÍÉÌ×ÙÈ ôÓÕÔ éÙÔÍÍÐ çÉ×Ê ÛÕÊ××Ï×ÎÈÉ ÖÍÊ å×ÉÈ æÛÐÐ×à ùÍÐÐ×Õ× ïÍÈÍÊ æ×ÔÓÙÐ× ïæ ê×ÉÍÐÇÈÓÍÎ ê×ÉÈÊÓÙÈÓÎÕ ìÛÊÑÓÎÕ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× éÈÛÖÖ Ê×ÌÍÊÈ ï×ÏÍ ÖÊÍÏ ö×ÔÊ ì××ÊÉ ïæ ê×ÉÍÐÇÈÓÍÎ èÊ×ÛÉÇÊ×滃 ê×ÌÍÊÈ ÖÍÊ ÈÔ× ïÍÎÈÔ ÷ÎØ×Ø îÍÆ×ÏÚ×Ê èÊ×ÛÉÇÊ×滃 ê×ÌÍÊÈ ÖÍÊ ÈÔ× ïÍÎÈÔ ÷ÎØ×Ø îÍÆ×ÏÚ×Ê öÓÎÛÎÙÓÛÐ ûØÆÓÉÍÊ é×ÊÆÓÙ×É ÖÍÊ Ê×ÖÇÎØÓÎÕ ÈÔ× ùÓÈÃªÉ é×ÊÓ×É õ×Î×ÊÛÐ íÚÐÓÕÛÈÓÍÎ úÍÎØ öû ûÕÊ××Ï×ÎÈ ûÇÈÔÍÊÓÂÛÈÓÍÎ öû ûÕÊ××Ï×ÎÈ øÍÙÇÏ×ÎÈ ê×ÉÍÐÇÈÓÍÎ ø×ÙÐÛÊÓÎÕ Û ìÇÚÐÓÙ îÇÓÉÛÎÙ× ÛÉ ÈÍ éÌ×ÙÓÖÓ×Ø ìÊÍÌ×ÊÈÓ×É ùÍÎÈÛÓÎÓÎÕ ôÛÂÛÊØÍÇÉ æ×Õ×ÈÛÈÓÍÎ å××ØÉ éÈÛÖÖ ê×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ ÷ÄÔÓÚÓÈ û ùÍÏÏ×ÎÙ×Ï×ÎÈ ê×ÌÍÊÈ ìÐÛÎÎÓÎÕ ÖÍÊ ïÇÉÈÛÊØ öÛÓÊ× éÈÛÖÖ Ê×ÌÍÊÈ AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, JANUARY 5, 2011 REGULAR MEETING –7:00 P.M. –CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on December 22, 2010) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1.Proclamation Declaring the Month of January 2011 as “National Blood Donor Month” Recommended action: Read and present proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2.City Council Regular Meeting Minutes –December 15, 2010 Recommended action: Approve minutes. 3.2011 Council Joint Meeting Calendar Recommended action: Approve Saratoga City Council joint meeting calendar for 2011. 4.Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: December 9, 2010 December 16, 2010 5.Development Impact Fee Report Recommended action: Staff recommends that the Council review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2010. 6.Approval of Sport User Agreements -2011 Recommended action: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks, West Valley College, and Prospect High School for organized sport use, and authorize the City Manager to execute the same. 7.Motor Vehicle (MV) Resolution Restricting Parking onForrest Hills Drive Recommended action: Move to adopt MV Resolution restricting parking on Forrest Hills Drive. 8.Treasurer’s Report for the Month Ended November 30, 2010 Recommended action: Review and accept the Treasurer’s Report for the month ended November 30, 2010. 9.Financial Advisor Services for refunding the City’s 2001 Series General Obligation Bond Recommended action: Review report and authorize the City Manager to enter into an agreement for professional financial advisor services between the City and Public Financial Management, LLC (PFM), for the refunding of the City’s 2001 Series General Obligation Bond. PUBLIC HEARINGS Members of the public may comment on any item for up to three minutes. Items requested for continuance are subject to Council’s approval at the Council meeting 10.Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) Recommended action: Conduct public hearing and adopt resolution. OLD BUSINESS None NEW BUSINESS 11.Planning for 2011 Mustard Faire Recommended action: Accept report and direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayorsand Managers Association West Valley Solid Waste Management Joint Powers Association Vice Mayor Chuck Page City School AdHoc Council FinanceCommittee Hakone Foundation Board Mayor/Vice Mayor Oath of Office Santa ClaraValley Water District Commission Saratoga MinisterialAssociation TEA AdHoc West Valley SanitationDistrict CouncilmemberJill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc VillageAdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Mayor/Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the Cityto make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on December 22, 2010,atthe City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us nd Signed this 22day of December 2010at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 1/5Regular Meeting –Joint meeting with Saratoga Chamber of Commerce 1/19 Cancelled 1/28Council Retreat 2/2Regular Meeting –Joint meeting with Planning Commission 2/16Regular Meeting –Joint meeting with Montalvo Arts 3/2Regular meeting –Joint meeting with Sheriff and County Fire 3/16Regular Meeting –Joint meeting (5:30 pm) with School Districts :Saratoga Union Elementary School District; Los Gatos-Saratoga Union High School District; Cupertino School District; Campbell School District Moreland School District; Fremont High School District; Sacred Heart; St. Andrews, and Campbell Union High School District 4/6Regular Meeting –Joint meeting with SASCC 4/20Regular Meeting –Joint meeting with Mt. Winery 5/4Regular Meeting –Joint meeting with Youth Commission 5/18 Regular Meeting –Joint meeting with Library Commission and Friends of the Library 6/1Regular meeting –Joint meeting (5:30 pm) with HOA presidents 6/15Regular meeting –Joint meeting with Parks and Recreation Commission/PEMTAC 7/6Regular Meeting 7/20Regular Meeting 8/3Regular Meeting 8/17Regular Meeting 9/7Regular Meeting –Joint meeting with West Valley Board of Trustees 9/21Regular Meeting –Joint meeting with Assemblymember Jim Beall 10/5Regular Meeting –Joint meeting with Traffic Safety Commission 10/19Regular Meeting –Joint meeting with Heritage Preservation Commission and Historical Foundation 11/2Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16Regular Meeting –Joint meeting with Hakone Foundation 12/6Council Reorganization 12/7Regular Meeting 12/21Regular Meeting SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5,2011 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan, City Clerk Dave Anderson SUBJECT:Proclamation Declaring the Month of January 2011as “National Blood Donor Month” RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: The attached proclamation declares the month of January 2011“National Blood Donor Month”. Mona Helmhold, Donor Recruitment Account Manager, will be attending the meeting to accept the proclamationon behalf of the American Red Cross. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A –Copy of proclamation CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF JANUARY2011 VOLUNTEER BLOOD DONOR MONTH WHEREAS ,donating blood is a potentially lifesaving gift that millions of Americans can give;and WHEREAS, there is a need to ensure an adequate blood supply andto stress the importance of giving the “Gift of Life” through the donation of blood; and WHEREAS , there is a need for additional healthy, regular volunteer donors to join the ranks of those who already give of themselves so generously; and WHEREAS , one blood donation may help save three lives;and WHEREAS, every day blood is needed in hospitals and emergency treatment facilities for patients with cancer and other diseases, for organ transplant recipients, and to help save the lives of accident victims; and WHEREAS, the need for blood is constant, especially during the winter months when blood is traditionally in short supply due to a reduction in donor turnout because of the holidays, busy travel schedules, inclement weather and illness, which can put blood inventory at a critical low; and WHEREAS , the American Red Cross Northern California Blood Services Region distributes 130,000 pints of blood per year to help save local patients, yet fewer than 100,000 pints of blood are collected in the region annually; and WHEREAS , some 38percent of the public is eligible to donate, yet fewer than 8percent of these individuals donate blood;and WHEREAS , there is a need for civic and service organizations and businesses to sponsor blood drives. NOW, THEREFORE ,I, Howard A. Miller,Mayor of the City of Saratoga, dohereby proclaim the month ofJanuary as “National Blood Donor Month” for Saratoga and urge all residentsto pay tribute to those among us who donate for others in need. I urge residentsin good health to donate regularly. I also urge all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. th WITNESS MYHAND AND THE SEAL OF THE CITY OF SARATOG Athis 5dayof January 2011. _________________________ Howard A. Miller, Mayor SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5,2011 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan,City Clerk Dave Anderson SUBJECT:City CouncilRegularMeetingMinutes–December 15,2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for theDecember 15,2010,City CouncilRegularMeeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in thepacket made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A –MinutesfromtheDecember 15,2010,City CouncilRegularMeeting. MINUTES SARATOGA REGULAR CITY COUNCILMEETING DECEMBER 15, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 6:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE –ANTICIPATED LITIGATION –Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) MAYOR’S REPORT ON CLOSED SESSION Mayor Miller stated there was no reportable information on Closed Session. Mayor Millercalled the Regular City Council meeting to order at 7:00 p.m.and asked members of Cub Scout Pack 508 to lead the Pledge of Allegiance. ROLL CALL : PRESENTCouncilmembers Manny Cappello, Jill Hunter, Emily Lo, Vice Mayor Chuck Page,and Mayor Howard Miller ABSENT:None ALSODaveAnderson, City Manager PRESENT:Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Livingstone, Community Development Director Michael Taylor, Facilities and Recreation Director Mary Furey, Administrative/Finance Director Brad Lind, Building Official Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of December 15, 2010 was properly posted on December 9, 2010. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Norm Koepernik addressed the Councilregardingthe 2011MustardFaireevent, which will be held on March 6, 2011,and asked Council to agendize this itemfor discussionon the next scheduled Council meeting. KarlinaOtt presented the City with a check from the AYSO for $16,642.00to cover the annual cost forthe use of the soccer fieldsby the AYSOSoccer organization. In addition, she thanked individual staff members that work with AYSO organizers for their continued support and assistance throughout the year. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Emily Lo noted it wasn’t too late to send a letter to Santa Claus and that th residents had until 5:00 p.m. on Friday, December 17to dropthe letters in the box labeled “Santa’s Mail”at the Saratoga Post Office. Vice Mayor Chuck Page congratulated the Saratoga High SchoolGirls Tennis Team for capaturingthe Northern California championship title.He also reminded everyone that the storm season is here and if residents are in need of sandbags, they could pick them up at the Saratoga Corporation Yard. He also invited residents to volunteer to fill sandbags as a volunteer project so the sand bagsare readily available when needed. Mayor Howard Miller noted there areupcoming vacancies on the Planning Commission, Heritage Preservation Commission, Library Commission, and the Traffic Safety Commission.Heinvited interested residents to pick up an application from the City Clerk’s office and submit it by 5:00 p.m. on February 25, 2011. In addition, hereminded everyone to check out the Saratoga Recreation Guide. He noted there are a few vacancies left for interested students to register for the “Camp Winter Wonderland”program that is available during the upcoming winterbreak. Councilmember Jill Hunter provided an update on the “Twenty by 2015” Tree Planting Program. She noted that on January 1, 2010, the Council pledged to plant 400 trees during 2010; a total of 792 trees have been plantedin the Saratoga communityfor the year 2010. CEREMONIAL ITEMS COMMENDATION FOR REBECCA ELLIOT –REGIONAL PUBLIC 1. AFFAIRS MANAGER FOR LEAGUE OF CALIFORNIACITIES STAFF RECOMMENDATION: Read and present commendation. Vice Mayor Page read and presented the commendation to Rebecca Elliot.Ms. Elliot was joined by her husband for the presentation. 2 COMMENDATION FOR SARATOGA CUB SCOUT PACK 508 2. STAFF RECOMMENDATION: Read and present commendation. Mayor Miller read and presented the commendation to members of Cub Scout Pack 508.The Pack was joined by several Cub Scout leaders for the presentation. COMMENDATION FOR CAPTAIN TERRY CALDERONE–SANTA 3. CLARA COUNTY SHERIFF’S OFFICE –WESTSIDE STATION STAFF RECOMMENDATION: Read and present commendation. Mayor and Council members presented the commendation to Captain Terry Calderone. Captain Calderone was joined by his wife and twoof their five children for the presentation. At 7:35 p.m.Mayor Miller declareda20 minute break and invited everyone to join the Council in the theater lobby for areception in honor of Captain Terry Calderone, who is retiring from the Santa Clara County Sheriff’s Office. Mayor Miller reconvened the Regular meeting at 7:55p.m. SPECIAL PRESENTATIONS None CONSENT CALENDAR CITY COUNCIL REGULARMEETING MINUTES –NOVEMBER 17, 2010 4. STAFF RECOMMENDATION: Approve minutes. APPROVE CITY COUNCIL REGULAR PAGE/CAPPELLO MOVED TO MEETING MINUTES –NOVEMBER 17, 2010. MOTION PASSED 5-0-0. CITY COUNCIL REORGANIZATION MEETING MINUTES –NOVEMBER 5. 30, 2010 STAFF RECOMMENDATION: Approve minutes. APPROVE CITY COUNCIL PAGE/CAPPELLO MOVEDTO REORGANIZATION MEETING MINUTES –NOVEMBER 30, 2010. MOTION PASSED 5-0-0. CITY COUNCIL REGULARMEETING MINUTES –DECEMBER 1, 2010 6. 3 STAFF RECOMMENDATION: Approve minutes. APPROVE CITY COUNCIL REGULAR PAGE/CAPPELLO MOVED TO MEETING MINUTES –DECEMBER 1, 2010. MOTION PASSED 5-0-0. REVIEW OF ACCOUNTS PAYABLE 7. STAFF RECOMMENDATION: The the City Council review and accept the check registers for the following accounts payable cycles: November 24, 2010 December 2, 2010 ACCEPT THE CHECK REGISTERS FOR PAGE/CAPPELLO MOVED TO THE FOLLOWING ACCOUNTS PAYABLE CYCLES: NOVEMBER 24, 2010 ANDDECEMBER 2, 2010. MOTION PASSED 5-0-0. RESOLUTION ADOPTING COUNCIL AGENCY ASSIGNMENTS AND 8. ADHOC COMMITTEE APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. Vice Mayor Page removed this itemfor discussion. Vice Mayor Page noted theTEA(Tax Equity Allocation) item is being addressed by the Saratoga Council as well as neighboring cities and recommended the TEA Adhoc be reinstated again as an Adhoc on the Council Agency Assignment list. Council members agreed to add the TEA Adhoc to the Council Agency and Committee Assignment list. Councilmember Hunter noted CouncilmemberLo expressed an interest in the Carlson House Restoration project and offered to give her assigned position on this Adhoc to Councilmember Lo. RESOLUTION NO. 10 –071 ADOPT COUNCIL AGENCY ASSIGNMENTS PAGE/CAPPELLO MOVED TO AND ADHOC COMMITTEE APPOINTMENTSRESOLUTION AS AMENDEDWITH THE FOLLOWING CHANGES:1) INCLUDE THE ADDITION OF THE TEA ADHOC TO BE REPRESENTED BY VICE MAYOR PAGE AND COUNCILMEMBER CAPPELLO,and2) REMOVE COUNCILMEMBER HUNTER FROM THE CARLSON HOUSE RESTORATION ADHOC AND ADD COUNCILMEMBER LO . MOTION PASSED 5-0-0. 2011HAZARDOUS VEGETATIONPROGRAM COMMENCEMENT 9. RESOLUTION 4 STAFF RECOMMENDATION: Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing. RESOLUTION NO. 10 –072 ADOPT RESOLUTION DECLARING PAGE/CAPPELLOMOVED TO HAZARDOUS VEGETATION(WEEDS) AS PUBLIC NUISANCE AND SETTING PUBLIC HEARING. MOTION PASSED 5-0-0. SECURITY DOOR LOCK PROJECT –AWARD OF CONTRACT WITH 10. STANLEY SECURITY STAFF RECOMMENDATION: Review report and 1.Move to declare Stanley Security Solutions, Inc. (Stanley) ofFremont to be the lowest responsible bidder on the project. 2.Move to accept bid and authorize the City Manager to enter into a construction contract with Stanley for phase one of the project in the amount of $25,190.49. 3.Move to accept bid and authorize the City Manager to enter into a construction contract with Stanley for the optional phase two of the project in the amount of $32,337.83. 4.Move to authorize staff to execute change orders to the contract up to $5,500. Hunter removed this item for clarification. HUNTER/PAGE MOVED TO: 1.DECLARE STANLEY SECURITY SOLUTIONS, INC.(STANLEY) OF FREMONT TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. 2.ACCEPT BID AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH STANLEY FOR PHASE ONE OF THE PROJECT IN THE AMOUNT OF $25,190.49. 3.ACCEPT BID AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH STANLEY FOR THE OPTIONAL PHASE TWO OF THE PROJECT IN THEAMOUNT OF $32,337.83. 4.MOVE TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $5,500. MOTION PASSED5-0-0. RECORDSMANAGEMENT PROGRAM: RESOLUTIONAUTHORIZING 11. FINAL DISPOSITION OFCERTAIN CITY RECORDS STAFF RECOMMENDATION: Adopt Resolution Authorizing Final Disposition of Certain City Records. RESOLUTION NO. 10 –073 TO ADOPT RESOLUTION AUTHORIZING PAGE/CAPPELLO MOVED FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 5- 0-0. 5 PARKING VIOLATION PENALTY SURCHARGE 12. STAFF RECOMMENDATION Adopt resolution approving a three-dollar increase for parking violations. RESOLUTION NO. 10 –074 ADOPT RESOLUTION APPROVING A PAGE/CAPPELLO MOVED TO THREE-DOLLAR INCREASE FOR PARKING VIOLATIONS. MOTION PASSED 5-0-0. COMMISSION QUALIFICATIONS AND EXPIRING TERMS 13. STAFF RECOMMENDATION: Acceptthe list of Commission qualifications and terms expiring in the 2011 calendar year. Councilmember Cappello removed this item for clarification. Councilmember Cappello noted an error in the staff report regarding the term expirationdate for CommissionerMitch Kane. He noted the term expiration date noted it was20011and it should be 2011. ACCEPT THE LIST OF COMMISSION CAPPELLO/PAGE MOVED TO QUALIFICATIONS AND TERMS EXPIRING IN THE2011 CALENDAR YEAR AS AMENDED: TERM EXPIRATION DATE FOR MITCH KANE SHOULD BE 2011. MOTION PASSED 5-0-0. PUBLIC HEARINGS PUBLIC HEARING AND ADOPTION OF (1) ORDINANCE ADOPTING AND 14. AMENDING 2010 CALIFORNIA BUILDING STANDARDS, RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, FIRE, AND GREEN BUILDING STANDARDS CODESWITH MODIFICATIONS FOR LOCAL CONDITIONS, AND (2) RESOLUTION REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. STAFF RECOMMENDATION: Staff recommends that the City Council: (1)Conduct a public hearing concerning the attached ordinance and resolution introduced at the City Council meeting of December 1, 2010; (2)Adopt the Ordinance Adopting and Amending 2010 California Building Standards, Residential Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes with Modifications for Local Conditions; and (3)Adopt Resolution Adopting Findings of Fact regarding the need to modify the California Building Code due to local conditions. City Attorney Richard Taylor presented the staff report. 6 Council thanked staff for all their efforts in preparing theamended 2010 Building Standard Code. Mayor Miller opened the Public Hearing for comment. No one requested to speak on this item. Mayor Miller closed the Public Hearing for comment. ORDINANCE NO. 282 RESOLUTION NO. 10 –075 PAGE/HUNTER MOVED TO: (1)ADOPT THE ORDINANCE ADOPTING AND AMENDING 2010 CALIFORNIA BUILDING STANDARDS, RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, FIRE, AND GREEN BUILDING STANDARDS CODES WITH MODIFICATIONS FOR LOCAL CONDITIONS; AND (2)ADOPT RESOLUTION ADOPTING FINDINGS OF FACT REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. MOTION PASSED 5-0-0. At 8:15 p.m. Mayor Miller invited the highschool students to join the Council onthe Dais. OLD BUSINESS None NEW BUSINESS STATUS OF JANUARY 19, 2011 COUNCIL MEETING 15. STAFF RECOMMENDATION: Consider cancelling the January 19, 2011, Council meeting to allow newly appointed Mayor, newly elected and newly appointed Council Members to attend the League of California Cities conference. City ClerkAnn Sullivan presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. CANCEL THE JANUARY 19, 2011COUNCIL PAGE/CAPPELLO MOVED TO MEETING TO ALLOW NEWLY APPOINTED MAYOR, NEWLY ELECTED AND NEWLY APPOINTED COUNCIL MEMBERS TO ATTEND THE LEAGUE OF CALIFORNIACITIES CONFERENCE. MOTION PASSED 5-0-0. 7 ADHOC & AGENCY ASSIGNMENT REPORTS MayorHoward Miller–reported: KSAR–he attended the last meetingandnoted the KSARboardhasconcernsregarding the long term strategic vision for KSAR due to media changessuch as,the Internet and on-demand video,versus a televised station. He noted KSAR is also addressing the issue of working collaboratively with the Saratoga High School and West Valley College. The City allowed and approved a franchise fee that will go to KSAR to support public access television;however, the law prohibits KSAR from using the income from that feeto be used for operational expenses. They have a large capital budget and a very small operating budget, which has generated discussion on how to use the capital budget to provide the services that the station needs. West Valley Solid Waste Management Joint Powers Authority–he attendeda special meeting where the board discussed and approveda commercial rate increaseto offset commercial food scrap recycling costs. He added they will assessthisrate increase for the next 6 months to see if they will expand this program to additional businesses. He noted if there are any businesses in Saratoga that would like to get on this recycling program list they can still do so, which will help forecast the demand for the food scrap recycling program. He added anyone that does have commercial garbage serviceis already paying an additional small fee for this program. Vice Mayor Chuck Page–reported: Council Finance Committee–met today and theydiscussed the General Obligation Bond. He added this itemwill be discussedfurther at theJanuary 5, 2011Council meeting. West Valley SanitationDistrict–he noted they will be losing two of the sixboard members due to the term expiration of one member and the second member not getting re-elected in the November election; therefore, they will be acquiring two new board members. CouncilmemberJill Hunter –had nothing to report. Councilmember Manny Cappello–reported: Councilmember Cappello statedthat he,along withCity Manager Dave Andersonand two councilmembers from the City of Cupertinoattended the TEA (Tax Equity Allocation) meeting in Sacramentoon Tuesday. He noted they had a productivemeeting with legislative consultants from the Gonsalvesfirmandlegislative members of the Senateand Assemblyregarding the TEA issue. He added the TEA issue is on-going and that they plan tocontinue meetingwith legislative representatives regarding the TEA allocations. Councilmember Emily Lo–had nothing to report at this time. [2011 Council assignments determined at the December 15, 2010 Council Meeting.] CITY COUNCIL ITEMS th MayorMiller statedhe would like to agendizethe March 6Mustard Faire eventfor discussion on the January 5, 2011 Council meeting. CITY MANAGER’S REPORT 8 None ADJOURNMENT There being no additional business, Mayor Miller asked for a motion to adjournthe meeting. ADJOURN THE REGULAR COUNCIL MEETING PAGE/HUNTER MOVED TO AT 8:30 P.M. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 9 SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: January 5, 2011 DEPARTMENT: CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Debbie Bretschneider Deputy City Clerk SUBJECT: 2011Council Joint Meeting Calendar RECOMMENDED ACTION: Approve Saratoga City Council joint meeting calendar for 2011. REPORT SUMMARY: The Saratoga City Council meets the first and third Wednesdays of the month at7:00p.m. From 6:00 p.m. to 7:00p.m.theCouncil usually holdsa joint meeting with Saratoga stakeholder groups. FISCAL IMPACTS: During the course of the meeting, the Council and the Joint meeting agencies have a light dinner. Funding for this expenseis already accounted for the City’s budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: There will be no 2011 schedule for City Council joint meeting calendar. ALTERNATIVE ACTION(S): The Council maydecide to make adjustmentsto the joint meeting calendar. FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: -Proposed 2011 Joint Meeting Calendar Page 1of 1 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 1/5Regular Meeting –Joint meeting with Saratoga Chamber of Commerce 1/19 Cancelled 1/28Council Retreat 2/2Regular Meeting–Joint meeting with Planning Commission 2/16Regular Meeting–Joint meeting with MontalvoArts 3/2Regular meeting–Joint meeting with Sheriff and County Fire 3/16Regular Meeting–Joint meeting (5:30 pm) with School Districts :Saratoga Union Elementary School District; Los Gatos-Saratoga Union High School District; Cupertino School District; Campbell School District Moreland School District; Fremont High School District; Sacred Heart; St. Andrews, and Campbell Union High School District 4/6Regular Meeting–Joint meeting with SASCC 4/20Regular Meeting–Joint meeting with Mt. Winery 5/4Regular Meeting–Joint meeting with Youth Commission 5/18 Regular Meeting–Joint meeting with Library Commissionand Friends of the Library 6/1Regular meeting–Joint meeting (5:30 pm) with HOApresidents 6/15Regular meeting–Joint meeting with Parks and Recreation Commission/PEMTAC 7/6Regular Meeting 7/20Regular Meeting 8/3Regular Meeting 8/17Regular Meeting 9/7Regular Meeting–Joint meeting with West Valley Board of Trustees 9/21Regular Meeting–Joint meeting with Assemblymember Jim Beall 10/5Regular Meeting–Joint meeting with Traffic SafetyCommission 10/19Regular Meeting–Joint meeting with Heritage Preservation Commissionand Historical Foundation 11/2Regular Meeting–Joint meeting with Saratoga Ministerial Association 11/16Regular Meeting–Joint meeting with Hakone Foundation 12/6Council Reorganization 12/7Regular Meeting 12/21Regular Meeting SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5, 2011 DEPARTMENT:CITY MANAGER: Finance & Administrative ServicesDave Anderson PREPARED BY:DEPT. DIRECTOR: Mary FureyMary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: December 9, 2010 December 16, 2010 REPORT SUMMARY: Attached are the Check Registers for: Prior Check Register Ending Check Starting Ending Checks DateNo. Type of ChecksDateCheck No.Check No.Total ChecksAmountReleased Accounts Payable 12/09/1011672011675637191,841.9212/09/1012/02/10116719 Accounts Payable 12/16/1011675711683882793,552.0012/17/1012/09/10116756 The following is a list of Accounts Payable checks issued for more than $20,000: AP DateCheck No. Issued toFundDept.PurposeAmount Public Works 12/09/10116633Guerra ConstructionCIP Streets FundStorm Drain /Signal Impr96,885.00 Public Works 12/16/10116775Duran & VeneblesCIP Streets FundAustin/Fruitvale26,887.50 Public Works 12/16/10116788Guerra ConstructionCIP Streets FundJoe's Trail133,587.07 General 12/16/10116804KSARKSAR Trust FundTerminate Trust Fund125,331.98 Public Safety 12/16/10116811SCC Sheriff's Dept General FundMonthly Law Enforcement354,429.00 The following are Accounts Payable checks that were voided: AP DateCheck No. Issued toDescriptionAmount 12/08/10116671Accent GraphicsVoid - reissued(789.88) 12/16/10116694Interstate Battery SystemVoid - reissued(367.73) 12/08/10116701Pacific Gas & ElectricVoid - reissued(334.55) 12/08/10116710Sierra Display Inc.Void - reissued(1,350.14) The following is a list of cash reduction by fund: Fund #AP 12/9AP 12/16Total Fund Description 111General 43,311.54 469,096.52 512,408.06 211CDBG Administration - 212Saratoga Housing & Rehab. Pgm. - 231Village Lighting 1,114.27 73.00 1,187.27 232Azule Lighting - 233Sarahills Lighting - 241Arroyo de Saratoga Landscape 55.80 55.80 242Bonnet Way Landscape 145.24 145.24 243Carnelian Glen - 244Cunningham/Glasgow Landscape 33.64 33.64 245Fredericksburg Landscape 33.64 33.64 246Greenbriar Landscape 154.88 174.97 329.85 247Kerwin Ranch Landscape - 248Leutar Court Landscape 134.29 134.29 249Manor Drive Landscape - 251McCartysville Landscape 247.80 247.80 252Prides Crossing Landscape 505.26 1,438.81 1,944.07 Saratoga Legends Landscape - 253 254Sunland Park Landscape - 255Tricia Woods Landscape 111.24 111.24 271Beauchamps Landscape - 272Bellgrove Landscape 85.00 1,867.37 1,952.37 273Gateway Landscape 63.13 268.87 332.00 274Horseshoe Landscape/Lighting - 275Quito Lighting - 276Tollgate LLD 27.90 27.90 277Village Commercial Landscape - 311Library Bond Debt Service - 411CIP Street Projects 100,574.79 44,206.81 144,781.60 412CIP Parks Projects 1,306.47 207.73 1,514.20 413CIP Facility Projects - 414CIP Admin Projects 18,184.04 18,184.04 421Tree Fine Fund - 431Grant Fund - CIP Streets - 432Grant Fund - Parks & Trails 5,164.29 136,878.76 142,043.05 611Liability/Risk Mgt 409.15 315.00 724.15 612Workers' Comp 396.99 396.99 621Office Support Services Fund 3,870.65 1,443.00 5,313.65 622Information Technology 13,769.33 5,869.00 19,638.33 623Vehicle & Equipment Maint 769.85 769.85 624Building Maintenance 2,831.12 4,423.79 7,254.91 Vehicle & Equipment Replacement 631 - IT Equipment Replacement 632 498.00 498.00 Library Capital Improvement 711 - 712KSAR Trust Fund 125,331.98 125,331.98 TOTAL191,841.92 793,552.00 985,393.92 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5, 2011 DEPARTMENT:CITY MANAGER: Finance & AdministrativeServicesDave Anderson PREPARED BY:DIRECTOR: Mary FureyMary Furey SUBJECT: Development Impact FeeReport RECOMMENDED ACTION Staff recommendsthat the Council review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2010. BACKGROUND As set forth in California Government Code Section 66000-66025, known as the Mitigation Fee Act, agencies which impose a feeas a condition of approval for a development project are required to account for and report on the use of the fees within 180 days of fiscal year-end.Development impact fees are defined as a fee charged to compensate for demands on public resources resulting from the development of land and property and imposed as a condition of development approval.Saratoga has established two of these fees: the Park-In-Lieu Development Fee and the Road Impact Fee. REPORT SUMMARY As requiredunder AB1600 accounting guidelines, this report provides: 1.A brief description of the type of fee; 2.The amount of the fee; 3.Beginning and ending balancesof the fees; 4.Total fees collected and the interest earned,if applicable; 5.Identification of the public improvement the fees wereused for; 6.Identification and timeline of public improvements any unexpended fees will be used for; 7.Description and uses for transfers or loans of fees, if applicable. The legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Park-In-Lieu Development Fees The City of Saratoga requires either a dedication of land, or imposes aPark-In-Lieu fee of $20,700 on each new parcel as a condition of subdivision approval, to account for increased usage and additional park requirements brought on by increased development within the City. Five acres of parkland per 1,000 residents is the standard promulgated by the National Recreation and Parks Association and is a common metric utilized by other communities in California to measure adequacy of parkland. The 2007 Update to the Open Space and Conservation Element of the City’s General Plan recognized that additional parkland must be protected and established a goal of five acres of parkland per 1,000 acres. This amount of parkland allowsthe City to maintain its existing character as a small town community surrounded by rural and open space.The Park-In-LieuDevelopment Feeof $20,700 per subdivided parcel is calculated based upon the formula: (2.76 people per household) X (5 acres per 1,000 residences) X ($1.5 million per acre) The following table summarizes the activity for the Park-In-LieuDevelopment Feescollected and utilized as of June 30, 2010: Park-In-Lieu Development Fees Fiscal YearFiscal YearFiscal YearFiscal Year 2006/072007/082008/092009/10 Beginning balance$-$143,799$(70,577)$(29,177) Sources: Revenue - Park-In-Lieu Fees--41,40020,700 Transfer in - General Fund250,000--- Transfer in - Closed Park Project---275 Uses: CIP - West Valley Soccer Field106,201214,376-- Total available for future projects$143,799$(70,577)$(29,177)$(8,202) Park-In-LieuFee revenuereceived in FY 2009/10 wasapplied tothe outstanding balance of the West Valley College Soccer Field capital project. This project built anew soccer fieldon West Valley College landunder a joint use agreement which allows Saratoga youth sport organizations to use two of the college’s sport fields on Sundays, and also provides “Use Credits” to the City toward rent of West Valley College facilities for recreation programs at a reduced rate. The remaining Park-In-Lieu Feeoutstanding balance of $8,202 will be repaid from Park-In-Lieu fees received in FY 2010/11. Future impact fees will be applied to park improvement projects, as directed by Council under the Capital Improvement Project budget process. Road Impact Fees In May of 2008, the City Council authorized the establishment and collection of a Road Impact Fee (effectiveJuly 1, 2008)to offset the additional cost of street maintenance incurred as a result of damage to the city’s roadways caused by heavy construction vehicles on public roadsfrom new development. The fee is based on a 2006 study by CSG consultants, commissioned by the cities of Saratoga, Monte Sereno, Campbell, and Los Gatos, which determined the impact of construction vehicles on streets and roads, and an appropriate fee to mitigate the costs of damage or deterioration in pavement. CSG Consultants determined that a fee of $0.77 per $100 of building valuation was a fair assessment of the impact of construction related vehicles on Saratoga’s streets. Road Impact Fees are payable at the time building permits are issued for development. Road Impact Fee revenues are appropriated directly to the Capital Improvement Plan’s Street Improvement Fund, specifically into the Street Resurfacing and the Striping & Signage projects and used to pay for increased street resurfacing and maintenance costs. The following table summarizes the Road Impact Fees collected and utilized as of June30, 2010: Road Impact Development Fees Fiscal YearFiscal Year 2008/092009/10 Beginning balance$-$- Sources Revenues - Dev Road Impact Fee 298,846343,913 Uses: CIP - Street Resurfacing Project298,846343,913 Total available for future projects$-$- The above Road Impact Development Feeschedule does not include solid waste vehicle road impact fee revenues collected under the West Valley Solid Waste Management Authority (WVSWMA) contract with the City’s refuse contractor.AB1600reporting requirements only applyto fees in connection with the approval of a development project. FISCAL IMPACTS: AB1600 fees do not impact the General Fund. Revenues are remitted directly to Capital Project Funds and utilized for capital projects directly from these funds, within the current orfollowing budget year. City of Saratoga follows State requirements that development impact fees be used or appropriated to a specific project within 5 years for a specified purpose,or returned to the developer/payee. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be in compliance with California requirements. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: January 5, 2011 DEPARTMENT: CITY MANAGER: Public WorksDave Anderson PREPARED BY:DIRECTOR: John CherboneJohn Cherbone Public Works Director SUBJECT: Approval of Sport User Agreements -2011 RECOMMENDED ACTION: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga PonyLeague for the use of Saratoga City parks, West Valley College, and Prospect High School for organized sport use, and authorize the City Manager to execute the same. REPORT SUMMARY: Currently the City has executed user agreements with seven organized youth sport groups: American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Youth Soccer League (WVYSL), West Valley Lacrosse Club (WVLC), and Saratoga PonyLeague (SPL). The following is a summary of the user agreements the City manages: Sport UserUse Location AYSO Kevin Moran Park (practice only) Congress Springs Park Prospect High School West Valley College DYSL El Quito Park (practice only) Prospect High School West Valley College Kevin Moran Park (practice only) SLL Congress Springs Park QLL El Quito Park (practice only) Page 1of 3 Sport UserUse Location WVLC Prospect High School SPL Congress Springs Park (Los Altos-Mt. View sister club will share use of the pony field in 2011) WVYSL Prospect High School User agreements are necessary to manage sport use in the City by scheduling activities, controlling impacts to City parks, and recovering maintenance costs. The maintenance feescharged to the sports user groups that use City Parks are based on additional park maintenance required above the normal maintenance practices that would be employed, absent the impacts of a particular sport being played. Additionalmaintenance activities include, but are not limited to additional mowing, watering, fertilizing, seeding, aeration, clean-up, and pre and post field preparation. In addition, baseball and soccer each have different needs and place different demands on a park’s infrastructure, thus they have different maintenance fees. Each year these feesgo up or down based on the actual maintenance costs during the use period. Some fees charged this year were adjusted to keep pace with increases in costs. The facility use agreements between the City and Campbell Union High School District (Prospect High School) and the City and West Valley College stipulate a payment for hourly usage of their fields. The hourly rate of $35 is a pass through via the youth sports groups with whom the City has user agreements. An additional user agreement has been developed this year for Pony League’s sister club from Mt. View. Mt. View’s pony field will be under renovation during the 2011 season and asked Saratoga Pony for assistance with field time for their games. Currently Saratoga Pony is suffering from low membership, so sharing the expenses for 2011with another Pony team will be helpful to their club. Saratoga Pony will be responsible for the full cost of the expenses for 2011 and it will be their responsibility for collecting the appropriate proportional cost from the Mt. View club. FISCAL IMPACTS: Approximately $125,000in annual revenue and expense. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The User Agreements would not be approved and another mechanism for the use of City parks and outside venues by sport users would need to be developed. ALTERNATIVE ACTION(S): None. Page 2of 3 FOLLOW UP ACTION(S): The User Agreements will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us ATTACHMENTS: 1.User agreements for Congress Springs Park 2.User agreements for El Quito Park 3.User agreements for Kevin Moran Park 4.User agreements for Prospect High School 5.User agreements for West Valley College Page 3of 3 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGAAMERICAN YOUTH SOCCER , a municipal corporation (“City”), and ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement AYSO shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of August through December (“Soccer Season”). Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. Page 1 of 6 (b)Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c)Prepare fields for games including lining of fields. (d)Ensuring the safety of all AYSO activities including, but not limited to, preventing soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify the Public Works Director if a soccer ball exits the park onto Highway 85 during and AYSO practice or game. If it is determined that a ball is willfully kicked or thrown onto Highway 85 by any AYSO member during the Soccer Season, AYSO’s rights to use of the Park shall terminate for the remainder of the Soccer Season and, if the event occurs in the second half of the Soccer Season, for the following Soccer Season. (e)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (f)Ensuring the safety of all User Group activities. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City Page 2 of 6 employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Page 3 of 6 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Page 4 of 6 (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director Page 5 of 6 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: _______________________________ a municipal corporation American Youth Soccer Organization _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” Additional City Maintenance at Congress Springs Park – For AYSO Region 27 Soccer Pre-Season Tasks Fill low areas with sand 8 hours Fertilize fields 6 hours Thatch fields 16 hours Aeration of fields 12 hours Rolling and leveling of fields 32 hours Regular Season Tasks Aerate 6 hours Mow 2 times per week 40 hours De-thatch, thinning of turf 16 hours Spreading of soil penetrants, and repair of wet areas/worn areas in turf 24 hours Spot fertilizing of worn areas 12 hours Fertilization 6 hours Total Hours 178 hours @ $38.00/hr = $6,764 Administrative Costs: .10 x $6,764 = $676 Total Cost Labor: $7,440 Post Season Tasks/Materials - Top dressing of fields with sand $8,000 - Fertilizer $800 - Soil penetrants and turface $1,200 Total Post Season Tasks/Materials: $10,000.00 Total Cost Labor + Post Season Tasks/Materials: $17,440.00 - Re-soding of fields (if needed) +/- $2,000.00 (exact amount to be determined at end of season based on wear of turf) AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGALOS ALTOS-MT. VIEW PONY , a municipal corporation (“City”), and LEAGUE , is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Pony shall be entitled to the joint use of the Pony Field by Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a) Clean up of Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Pony practice or games. Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Pony member during the Baseball Season, Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10 Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Los Altos-Mt. View Pony _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 7 of 7 Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Los Altos-Mt View Pony League 2011 user group costs related to the use of the Pony League field at Congress Springs Park by the Los Altos-Mt. View Pony League shall be paid by Saratoga Pony League. Any cost sharing arrangements for use of the pony field shall be between LA-MV Pony League and Saratoga Pony League. AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGASARATOGA LITTLE LEAGUE , a municipal corporation (“City”), and BASEBALL, INC. (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Little League shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. All use of the minor league fields including the st AA field, Farm fields, and T-Ball fields must cease by June 1each season to allow for conversion to soccer. Each year, Little League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” Page 1 of 7 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. (b)Maintenance of electronic scoreboards. (c)Clean up of Little League related litter and debris on all baseball fields, dugouts, bleacher areas, playground area, bathrooms and parking areas after each game or practice and deposit of all garbage in the trash containers and recyclables in recycle bins. (d)Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. (e)Prepare fields for games including dragging and lining of infields. (f)Ensuring the safety of all Little League activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Little League practice or games. Little League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during a Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during the Baseball Season, Little League’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (g)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any objections to the condition of the turf fields. (h)Ensuring the safety of all User Group activities. (i)Locking of batting cages, storage areas, and storage area in Maintenance Yard. (j)Remove temporary fencing, banners, foul poles at the end of the Baseball Season. Page 2 of 7 (k)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4.Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(c), 3(d), 3(i), 6 and 7 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. Page 3 of 7 In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California labor code section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. Page 5 of 7 12. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 13. Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14. Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Saratoga Little League Baseball, Inc. _____________________ By:Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 7 of 7 ‘Exhibit A’ Additional City Maintenance Tasks at Congress Springs Park – For Saratoga Little League Pre-Season Tasks Field set up; bleachers, backstops, bases, and field layouts. 32 hours Field cut outs for AAA and Farm fields (similar set up as Major field) with addition of cinder clay and pitcher’s mounds. 40 hours Renovation of practice mounds, pitchers mounds, and batters boxes on all fields. 24 hours Scarify, top dressing, leveling of all infield cinder clay for Majors and AA fields. 16 hours Regular Season Tasks Reseeding of infields 8 hours Mowing 2 times per week 30 hours Fertilizing 2 times 12 hours Field prep and clean up (weekly) 30 hours End of Season Tasks Field Conversion and field removal. 81 hours Repair of holes and sod areas 9 hours Total Hours 282 hrs @ $38.00/hr = $10,716 Administrative Costs: .10 x $10,716 = $1,071 Total Cost Labor: $11,787 Materials - Cinder clay, pitchers mound clay $3,200 - Re-soding of fields +/- $7,000 (amount to be determined at end of season based on wear of turf) Total Material Costs: $10,200 Total Cost Labor + Materials: $21,987 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGASARATOGA PONY , a municipal corporation (“City”), and , is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Saratoga Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Saratoga Pony shall be entitled to the joint use of the Pony Field by Saratoga Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a) Clean up of Saratoga Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Saratoga Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Saratoga Pony practice or games. Saratoga Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Saratoga Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Saratoga Pony member during the Baseball Season, Saratoga Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Saratoga Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10 Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Saratoga Pony _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 7 of 7 Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Saratoga Pony League Pre-Season Tasks Replacement of cinder clay infield mix 6 hours Renovation of pitchers mound and practice mounds 4 hours Scarify, roll, clean up fields, leveling 12 hours Reseeding of infield turf and topdressing 6 hours Regular Season Tasks Fertilizing and reseeding of infield turf 4 hours Mowing 2 times per week 10 hours Field prep and clean up (weekly) 12 hours Misc. maintenance tasks (week spraying, edging) 10 hours of grass, spot watering, hole repair End of Season Tasks Repair of work turf with resoding 18 hours Aeration of field 3 hours Total Hours: 85 hours @ $38/hr = $3,230 Administrative Costs .10 x $3,230 = $323 Total Staff Costs: $3,553 Materials - Cinder clay and pitchers mound clay $920 - Sod for infield turf 650 (amount to be determined at end of season) Total Material Costs: $1,570 Total Cost Labor + Materials: $5,123 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGA , a municipal corporation (“City”), and De Anza Youth Soccer League (“User Group”), is made with reference to the following facts: A.City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a soccer field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . User Group shall inform City as to the starting and ending dates of its season or use period (See Usage Schedule “Exhibit B”). Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the soccer field the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all User Group activities. (c)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the soccer season, at which time User Group shall advise the City of any objections to the condition of the turf fields. During the soccer season User Group shall immediately notify the City of any objections to the condition of the turf fields. Page 1 of 6 (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Page 2 of 6 Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. Page 3 of 6 c.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All Page 4 of 6 correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 5 of 6 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation De Anza Youth Soccer League _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 EXHIBIT “A” DYSL SOCCER (El Quito Park) TASK: REGULAR SEASON CITY STAFF: AIRATE (Two times/yr @ 4hrs) 16 HRS SPIKE AIRATE (10 times/yr @ 4hrs) 40 HRS ADDITIONAL MOWING(12 times/yr @ 2hrs) 24 HRS OVERSEED FID 1X DURING SEASON 1 HRS 81 HRS @ $38/hr = $3,078 POST SEASON CORE AIRATE 4 HRS FERTILIZE 1 HRS 5 HRS @ $38/hr = $190 $3,268 ADMINISTRATIVE COSTS .10 X $3,268 = $327 TOTAL STAFF COSTS PER SEASON $3,595 FALL/SPRING SEASONS = $3,595 x 2 = $7,190 MATERIALS: TOP DRESS (Contract Work/Materials) $5,500 FERTILIZE (22-4-4) 20 Bags x $10.50 $210 SEED (200 Lbs) 200lbs x $1.00 $200 TOTAL MATERIALS $5,710 TOTAL PER YEAR (HOURS, CONTRACTS, MATERILAS, LABOR) = $12,900 RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGA , a municipal corporation (“City”), and Quito Little League (“User Group”), is made with reference to the following facts: A.City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a baseball/softball field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Quito Little League shall have the right to use the baseball/softball field pursuant to this Agreement during the months of January through June (“Baseball Season”).User Group shall inform City as to the starting and ending dates of its season or use period. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the baseball/softball field during the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all User Group activities. Page 1 of 6 (c)Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (d)No hard balls or outfield batting practice is allowed. (e)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park (baseball/softball field), User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities Page 3 of 6 performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is Page 4 of 6 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. Page 5 of 6 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Quito Little League _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” TASK: PRE-SEASON CITY STAFF Trim infield edges (258’ sq ft.) 4 hrs Pre-Season General Prep 3 hrs Including, Batter Box, Pitcher Mound Repair (fill, pack & level) Scarify & roll infield. REGULAR SEASON Roll infield 3x during season 2 hrs Clean Decomposed Granite off edges (weekly) 4 hrs TOTAL CITY HRS13hrs (@t $38.00/hr) $494 Administrative Costs: .10 x 494 $49 MATERIALS: Decomposed Granite/Clay Materials & Pitcher Mound & Home Plate Clay $125 TOTAL MATERIALS $125 TOTAL (HOURS, CONTRACTS, LABOR MAT’L) $668 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGADE ANZA YOUTH SOCCER , a municipal corporation (“City”), and LEAGUE, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement DYSL shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, DYSL shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season DYSL shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: Page 1 of 6 (a)Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all DYSL activities. (d)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time DYSL shall advise the City of any objections to the condition of the turf fields. During the Soccer Season DYSL shall immediately notify the City of any objections to the condition of the turf fields. (c)Ensuring the safety of all User Group activities. (e)Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d.User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: _______________________________ a municipal corporation De Anza Youth Soccer League _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” Additional City Maintenance at Kevin Moran Park - DYSL TASK: HOURS: AIRATE 20 HRS OVERSEED FLD 1X DURING SEASON 5 HRS Spike 5X DURING SEASON 20 HRS POST SEASON FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $38.00/hr = TOTAL LABOR: $1,862 Administrative Costs: .10 x $1,862 $186 TOP DRESS $6,000 MATERIALS: FERTILIZE Nitrex 22-4-4 $1,200 SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGAAMERICAN YOUTH SOCCER , a municipal corporation (“City”), and ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement AYSO shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: Page 1 of 6 (a)Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all AYSO activities. (c)Ensuring the safety of all User Group activities. (d)Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. Page 3 of 6 a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d.User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Page 4 of 6 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional Page 5 of 6 branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: _______________________________ a municipal corporation American Youth Soccer Organization _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” Additional City Maintenance at Kevin Moran Park - AYSO TASK: HOURS: AIRATE 20 HRS OVERSEED FLD 1X DURING SEASON 5 HRS Spike 5X DURING SEASON 20 HRS POST SEASON FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $38.00/hr = TOTAL LABOR: $1,862 Administrative Costs: .10 x $1,862 $186 TOP DRESS $6,000 MATERIALS: FERTILIZE Nitrex 22-4-4 $1,200 SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA AMERICAN between the , a municipal corporation (“City”), and YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ Dave Anderson, City Manager AMERICAN YOUTH SOCCER ORGANIZATION DATED: ___________________ By: ________________________________ Page 6 of 7 APPROVED AS TO FORM: DATED: ___________________ _____________________________________ Page 7 of 7 ÷ÄÔÓÚÓÈû úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÐÛÃÖÓ×ÐØ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÛÊÑÓÎÕ ûÊ×Û ìÐÛÃÖÓ×ÐØ Attachment “C” Service Charge for Use of Prospect High School Turf Fields AYSO The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) Administrative Costs: .10 x City Labor Costs = $TBD Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA DE ANZA between the , a municipal corporation (“City”), and YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ Dave Anderson, City Manager DE ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: Page 6 of 7 DATED: ___________________ _____________________________________ Page 7 of 7 ÷ÄÔÓÚÓÈû úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÐÛÃÖÓ×ÐØ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÛÊÑÓÎÕ ûÊ×Û ìÐÛÃÖÓ×ÐØ Attachment “C” Service Charge for Use of Prospect High School Turf Fields DYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) Administrative Costs: .10 x City Labor Costs = $TBD Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA WEST VALLEY between the , a municipal corporation (“City”), and LACROSSE CLUB, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ Dave Anderson, City Manager WEST VALLEY LACROSSE CLUB By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: Page 6 of 7 DATED: ___________________ _____________________________________ Page 7 of 7 ÷ÄÔÓÚÓÈû úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÐÛÃÖÓ×ÐØ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÛÊÑÓÎÕ ûÊ×Û ìÐÛÃÖÓ×ÐØ Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVLC The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) Administrative Costs: .10 x City Labor Costs = $TBD Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA WEST VALLEY between the , a municipal corporation (“City”), and YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ Dave Anderson, City Manager WEST VALLEY YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: Page 6 of 7 DATED: ___________________ _____________________________________ Page 7 of 7 ÷ÄÔÓÚÓÈû úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÐÛÃÖÓ×ÐØ úÛÉ×ÚÛÐÐ éÍÖÈÚÛÐÐ ìÛÊÑÓÎÕ ûÊ×Û ìÐÛÃÖÓ×ÐØ Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) Administrative Costs: .10 x City Labor Costs = $TBD Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT CITY (“Agreement”), dated , , by and between the OF SARATOGA De ANZA YOUTH SOCCER , a municipal corporation (“City”), and LEAGUE, (“User Group”), is made with reference to the following facts: A. The West Valley-Mission Community College District (“District”) is the owner of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6 2. Responsibilities of User Group . User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District trash containers located at the playing fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e)Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f)Prohibiting sale of food or liquids of any kind on College grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5. Playing Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the fields as determined by the Page 2 of 6 Public Works Director and/or his (her) City employee designee to ensure the long term health of . the fields 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of College for up to one week. nd 2 Penalty during season: No use of College for up to one month. rd 3 Penalty during season: No use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use College until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the College play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. Page 3 of 6 (a)Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Page 4 of 6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c)Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the College play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 12.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or Page 5 of 6 the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: _________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ Dave Anderson, City Manager De ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: DATED: ___________________ _____________________________________ Page 6 of 6 ÷ÄÔÓÚÓÈû ìÛÊÑÓÎÕ ûÊ×Û ìÐÛÃÖÓ×ÐØ îÍ ìÐÛÃÖÓ×ÐØ îÍ éÌÊÓÎÕÍÖ û×ÊÓÛÐìÔÍÈÍ Attachment “C” Service Charge for Use of West Valley College Grass Fields DYSL The rental service charge by West Valley College is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 25 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) Administrative Costs: .10 x (City Labor Costs) = $TBD Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod (Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total hours) Restroom Rental Costs: 6 months @ $160/month x (hours scheduled) = (total hours) Total Field Rental Cost = $TBD SARATOGA CITY COUNCIL January 5, 2011 MEETING DATE:AGENDA ITEM: Public WorksDave Anderson CITY MANAGER: DEPARTMENT: Kristin BorelJohn Cherbone DIRECTOR: PREPARED BY: Public Works Analyst SUBJECT:Motor Vehicle (MV) Resolution Restricting Parking Forrest Hills Drive RECOMMENDED ACTION: Move to adopt MV Resolution restricting parking on Forrest Hills Drive. REPORT SUMMARY: The City was contacted by parents from Saratoga Elementaryconcerned with pedestrian safety for children walking to schoolviaAlohaAvenueto Forrest HillsDrive. Theschool has a back entrance to the property on Forrest Hills which get congested with pedestriansand cars traveling on this cul-de-sac. The main concern was at the back gate where the ramp and curb area exits directly onto Forrest HillsDrive. Cars parking herefor pick up and drop offblock the sight of children entering and exiting the school grounds. The roadway is congested with cars parked along both sides of the street and a clear area is needed as children exit/enterthe school grounds and enter/exitthe roadway. The Traffic Safety Commission and Traffic Engineer reviewed this request at their November 4, 2010 meeting and determined that aNo Parking or Stopping restriction for twentyfeet on both sides of the ramp would enhance pedestrian safety along this corridor. In order to enforce the new No Parking restriction, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post the sign. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The MV Resolution would not be adopted and traffic conditions would continue as is. Page 1of 2 ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): The sign will be installed and the Sheriff’s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us ATTACHMENTS: 1.Memo from Fehr & Peers 2.Map 3.MV Resolution Page 2of 2 ï÷ïíêûîøçï øÛÈ× ø×Ù×ÏÚ×Ê èÍ òÍÔÎ ùÔ×ÊÚÍÎ× ìÇÚÐÓÙ åÍÊÑÉ øÓÊ×ÙÈÍÊ ùÓÈà ÍÖ éÛÊÛÈÍÕÛ öÊÍÏ öÊÛÎÂÓÉÑÛ ùÔÇÊÙÔ éÍÔÊÛÚ êÛÉÔÓØ éÇÚÒ×ÙÈ ê×ÆÓ×Å ÍÖ íÎéÈÊ××È ìÛÊÑÓÎÕ ÍÎ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× éÛÊÛÈÍÕÛ ùÛÐÓÖÍÊÎÓÛ ö×ÔÊ ì××ÊÉ ÔÛÉ ÙÍÏÌÐ×È×Ø ÛÎ ×ÆÛÐÇÛÈÓÍÎ ÍÖ ÈÊÛÖÖÓÙ ÙÍÎÙ×ÊÎÉ ÍÎ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× Î×ÛÊ éÛÊÛÈÍÕÛ ÷Ð×Ï×ÎÈÛÊà éÙÔÍÍÐ ÓÎ éÛÊÛÈÍÕÛ ùÛÐÓÖÍÊÎÓÛ û Ê×ÉÓØ×ÎÈ ÚÊÍÇÕÔÈÈÔÓÉ ÓÈ×Ï ÈÍ ÈÔ× ÛÈÈ×ÎÈÓÍÎ ÍÖ ÈÔ× éÛÊÛÈÍÕÛ èÊÛÖÖÓÙ éÛÖ×Èà ùÍÏÏÓÉÉÓÍÎ èéù ÛÈ ÈÔ× îÍÆ×ÏÚ×Ê Ï××ÈÓÎÕ ûÖÈ×Ê Ê×ÆÓ×Å ÍÖ ÈÔ× ÓÈ×Ï ÛÎØ ÓÎÌÇÈ ÖÊÍÏ ö×ÔÊ ì××ÊÉ ÈÔ× èéù Ê×ÙÍÏÏ×ÎØ×Ø ÌÊÍÔÓÚÓÈÓÎÕ ÌÛÊÑÓÎÕ ÛÈ ÈÔ× ×Ï×ÊÕ×ÎÙà Æ×ÔÓÙÐ× ÛÙÙ×ÉÉ ØÊÓÆ×ÅÛà ÖÊÍÏ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÈÍ éÛÊÛÈÍÕÛ ÷Ð×Ï×ÎÈÛÊà éÙÔÍÍÐ èÔÓÉ Ï×ÏÍÊÛÎØÇÏ ÛØØÊ×ÉÉ×É ÈÊÛÖÖÓÙ ÛÎØ ÌÛÊÑÓÎÕ ÙÍÎÙ×ÊÎÉ ÍÎ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ØÇÊÓÎÕ ÈÔ× ÉÙÔÍÍÐ½É Ì×ÛÑ Ì×ÊÓÍØÉ ÛÎØ ÍÇÊ Ê×ÙÍÏÏ×ÎØÛÈÓÍÎ ÖÍÊ ÌÛÊÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎ ÍÎ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÓÉ Û ÉÔÍÊÈ ÖÍÍÈ ÈÅÍÐÛÎ× ÙÇÐØ×ÉÛÙ ÉÈÊ××È ÐÍÙÛÈ×Ø ÉÍÇÈÔÅ×ÉÈ ÍÖ ÈÔ× éÛÊÛÈÍÕÛ ðÍÉ õÛÈÍÉ êÍÛØ éê ûÐÍÔÛ ûÆ×ÎÇ× ÓÎÈ×ÊÉ×ÙÈÓÍÎ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÌÊÍÆÓØ×É ÛÙÙ×ÉÉ ÈÍ Ê×ÉÓØ×ÎÈÓÛÐ ÌÊÍÌ×ÊÈÓ×É ÛÎØ ÈÔ× éÛÊÛÈÍÕÛ çÎÓÍÎ éÙÔÍÍÐ øÓÉÈÊÓÙÈ ÍÖÖÓÙ×É ûÚÍÇÈ Ö××È ÎÍÊÈÔ ÍÖ ÈÔ× öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ûÐÍÔÛ ûÆ×ÎÇ× ÓÎÈ×ÊÉ×ÙÈÓÍÎ ÓÉ ÈÔ× ×Ï×ÊÕ×ÎÙà Æ×ÔÓÙÐ×É ÛÙÙ×ÉÉ ØÊÓÆ×ÅÛà ÈÔÛÈ Ð×ÛØÉ ÈÍ ÈÔ× ÚÛÙÑ ÉÓØ× ÍÖ éÛÊÛÈÍÕÛ ÷Ð×Ï×ÎÈÛÊà éÙÔÍÍÐ èÔÓÉ ØÊÓÆ×ÅÛà ÓÉ ÇÉ×Ø ÛÉ ÛÎ ÛÐÈ×ÊÎÛÈÓÆ× ÉÙÔÍÍÐ Ì×Ø×ÉÈÊÓÛÎ ÛÎØ ÚÓÙÃÙÐ× ×ÎÈÊÛÎÙ× ×ÄÓÈ ÛÎØ ÛÉ Û ØÊÍÌÍÖÖ ÌÓÙÑÇÌ ÐÍÙÛÈÓÍÎ Úà ÉÈÇØ×ÎÈÉ ÛÎØ ÌÛÊ×ÎÈÉ øÇÊÓÎÕ ÈÔ× ÉÙÔÍÍÐ½É Ì×ÛÑ ØÊÍÌÍÖÖ ÛÎØ ÌÓÙÑÇÌ Ì×ÊÓÍØÉ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÓÉ ÇÉ×Ø ÓÎ ÚÍÈÔ ØÓÊ×ÙÈÓÍÎÉ Úà ÌÛÊ×ÎÈÉ ÈÊÛÆ×ÐÓÎÕ ÈÍ ÛÎØ ÖÊÍÏ ÈÔ× ÉÙÔÍÍÐ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÓÉ ÛÌÌÊÍÄÓÏÛÈ×Ðà Ö××È ÅÓØ×ÛÎØØÍ×ÉÎÍÈÔÛÆ×ÉÓØ×ÅÛÐÑÉÍÊÚÓÑ×ÐÛÎ×ÉÍÎ×ÓÈÔ×ÊÉÓØ×ÍÖÈÔ×ÊÍÛØÅÛÃùÇÊÊ×ÎÈÐÃÎÍ ÌÛÊÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ ×ÄÓÉÈ ÍÎ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× øÇÊÓÎÕ ÈÔ× Ì×ÛÑ ØÊÍÌÍÖÖ ÛÎØ ÌÓÙÑÇÌ Ì×ÊÓÍØÉ ÛÈ ÈÔ× ÉÙÔÍÍÐ ÌÛÊ×ÎÈÉ ÌÛÊÑ ÍÎ ÚÍÈÔ ÉÓØ×É ÍÖ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÓÎÙÐÇØÓÎÕ ÓÏÏ×ØÓÛÈ×Ðà ÛØÒÛÙ×ÎÈ ÈÍ ÛÎØ ÓÎ ÖÊÍÎÈ ÍÖ ÈÔ× ×Ï×ÊÕ×ÎÙà Æ×ÔÓÙÐ× ÛÙÙ×ÉÉ ØÊÓÆ×ÅÛà éÈÇØ×ÎÈÉ ÅÔÍ ÇÉ× ÈÔ× ×Ï×ÊÕ×ÎÙà Æ×ÔÓÙÐ× ÛÙÙ×ÉÉ ØÊÓÆ×ÅÛà Î××Ø ÈÍ ÅÛÐÑ ÈÔÊÍÇÕÔ ÛÎØ ÛÊÍÇÎØ ÈÔ× ÌÛÊÑ×Ø Æ×ÔÓÙÐ×É ÈÍ ÛÙÙ×ÉÉ öÍÊÊ×ÉÈ ôÓÐÐÉ øÊÓÆ× ÛÎØ ÈÊÛÆ×Ð ÈÍÅÛÊØÉ ûÐÍÔÛ ûÆ×ÎÇ× øÇ× ÈÍ ÈÔ× ÙÍÎÕ×ÉÈÓÍÎ ÛÊÍÇÎØ ÈÔ× ØÊÓÆ×ÅÛà ÈÔ× ÆÓÉÓÚÓÐÓÈà ÍÖ ÉÈÇØ×ÎÈÉ Úà ØÊÓÆ×ÊÉ ÓÉ ÚÐÍÙÑ×Ø Úà ÈÔ× ÌÛÊÑ×Ø Æ×ÔÓÙÐ×É èÍ ÓÏÌÊÍÆ× ÆÓÉÓÚÓÐÓÈà ÍÖ ÉÈÇØ×ÎÈÉ ÅÛÐÑÓÎÕ ÛÎØ ÚÓÙÃÙÐÓÎÕ ÛÈ ÈÔ× ×Ï×ÊÕ×ÎÙà Æ×ÔÓÙÐ× ÛÙÙ×ÉÉ ØÊÓÆ×ÅÛà Å× Ê×ÙÍÏÏ×ÎØ ÈÔÛÈ Û ÈÓÏ×ÐÓÏÓÈ×Ø ¼îÍ éÈÍÌÌÓÎÕ» Ê×ÉÈÊÓÙÈÓÍÎ Ú× ÓÏÌÐ×Ï×ÎÈ×Ø ÖÍÊ Ö××È ×ÛÉÈ ÛÎØ Å×ÉÈ ÍÖ ÈÔ× ×Ï×ÊÕ×ÎÙà Æ×ÔÓÙÐ× ÛÙÙ×ÉÉ ØÊÓÆ×ÅÛà ÛÎØ ÛÙÊÍÉÉ ÈÔ× ØÊÓÆ×ÅÛà ÓÈÉ×ÐÖ îÍ éÈÍÌÌÓÎÕ ÅÍÇÐØ Ú× ×ÎÖÍÊÙ×Ø ØÇÊÓÎÕ ÉÙÔÍÍÐ ÔÍÇÊÉ ÛÏ ÈÍ ÌÏ ÍÎ Å××ÑØÛÃÉ ÉÙÔÍÍÐ ÓÉ ÓÎ É×ÉÉÓÍÎ éÈÍÌÌÓÎÕ ÛÎØ ÌÛÊÑÓÎÕ ÍÎ ×ÓÈÔ×Ê ÉÓØ× ÍÖ ÈÔ× ØÊÓÆ×ÅÛà ÅÍÇÐØ Ú× Ì×ÊÏÓÈÈ×Ø ÛÈ ÛÐÐ ÍÈÔ×Ê ÈÓÏ×É Ú±®®»¬ Ø·´´ Ü®·ª» п®µ·²¹ 묮·½¬·±² Ò± п®µ·²¹ ±® ͬ±°°·²¹ èæðð ¿³ ó ìæðð °³ Ó±²¼¿§ ó Ú®·¼¿§ ɸ»² ½¸±±´ · ·² »·±² Í¿®¿¬±¹¿ Û´»³»²¬¿®§ Ò ðëðïððîððíððìðð Ú»»¬ RESOLUTION NO. MV-______ RESOLUTION IMPLEMENTING A NO PARKING OR STOPPING RESTRICTION ON FORREST HILLS DRIVE The City Council of the City of Saratoga hereby resolves as follows: I.Based upon an engineering and traffic study, the following parking restrictions shall be designated on Forrest Hills Drive in the location specified below: NAME OF LOCATIONRESTRICTION STREET Forrest Hills Starting 280 (two hundred No Parking or Stopping Driveand eighty) feet fromthe 8:00 A.M. –4:00 P.M, southwest corner of Forrest Monday-Friday, When Hills Drive where it school is in session intersects with Aloha Avenue and traveling west for 58 (fifty eight) feet. II.All prior resolutions and other enactments imposing a parking restriction at the location specifiedabove are hereby repealed to the extent of their inconsistency with the restriction specified above. III.This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 5th day of January, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Howard Miller, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: January 5, 2011 DEPARTMENT: CITY MANAGER: Finance & Administrative Services Dave Anderson PREPARED BY:DEPT HEAD: Ann Xu, AccountantMary Furey SUBJECT: Treasurer’s Report for the Month Ended November 30, 2010 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended November 30, 2010. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004 . Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from st the State Treasurer’s Office of Quarterly LAIF rates from the 1 Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of November 30, 2010, the City had $655,289 in cash deposit at Comerica bank, and $10,743,706 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of November 30, 2010 is $11,398,995 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank655,289$ Deposit with LAIF10,743,706$ Total Unrestricted Cash11,398,995$ The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash11,398,995$ Plus: Assets270,977 Less: Liabilities (984,135) Ending Fund Balance10,$ 685,837 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Increase/ Fund Balance (Decrease) Current Current Balance Fund Description7/1/10 Jul-Oct Revenue Expenditure Transfers 11/30/10 General Undesignated Unreserved Balance1,284,366 (3,423,067) 886,536 99,667 - (1,023,232) Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 1,300 Designated Fund Balances: Designated for Operations 2,889,077 - - - 106,000 2,995,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 (210,000) - - - 422,380 Designated for Environmental 563,182 (50,000) - - - 513,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve300,000 - - - (50,000) 250,000 Designated for Capital Project Reserve126,983 - (126,983) - Designated for CIP Matching Grant600,000 - - - (600,000) - Designated for Carryforward68,600 (68,600) - - - - Special Revenue Landscape/Lighting Districts440,391 (132,694) 16,762 12,584 - 311,875 CDBG Federal Grants(9,621) - - - - (9,621) SHARP Loan210,034 179 - - - 210,213 Capital Project Street Projects2,169,661 (50,807) (197,079) (58,479) 326,983 2,307,236 Park and Trail Projects653,881 81,776 (170,000) 2,454 150,000 713,203 Facility Improvement Projects525,256 182,193 (335,041) 13,913 400,000 758,495 Administrative Projects224,773 (34,943) - 882 - 188,948 Tree Fine Fund16,985 (3,150) - - 25,000 38,835 CIP Grant Fund - Street Repair(118,073) (389,845) - 274,066 - (781,983) CIP Grant Fund - Park & Trail(46,013) (104,040) - 3,425 - (153,478) Gas Tax Fund279,470 (33,243) 124,733 (106,000) (106,000) 370,961 Debt Service Library Bond 892,593 (681,150) - - - 211,443 Internal Service Fund Liability/Risk Management244,562 (200,158) 625 (42,474) (50,000) 37,503 Workers Compensation198,592 (6,011) - (23,601) (25,000) 191,182 Office Stores Fund26,830 2,974 695 2,933 - 27,566 Information Technology Services 213,940 60,657 - 9,739 - 264,858 Equipment Maintenance54,258 34,600 - 10,066 - 78,792 Building Maintenance202,570 132,154 - 34,741 - 299,983 Equipment Replacement236,229 25,000 - (25,000) (25,000) 261,229 Technology Replacement186,686 (8,808) - (25,000) (25,000) 177,877 Trust/Agency Library Fund351,360 532 - - - 351,891 KSAR - Community Access TV109,842 11,907 3,583 - - 125,332 Total City15,074,884 (4,864,543) 330,813 183,915 - 10,685,837 ATTACHMENT B FUND BALANCES BY CIP PROJECT Fund Increase/ Fund Balance (Decrease) Current Current Balance CIP Funds/Projects7/1/10 Jul-Oct Revenue Expenditure Transfers 11/30/10 Street Projects Traffic Safety168,497 (7,765) - - 160,733 Highway 9 Safety Project50,008 (2,444) 63,387 1,036 109,914 Annual Street Resurfacing Project529,434 (174,163) 29,350 (61,590) (65,000) 381,211 Sidewalks Annual Project87,092 - - - 87,092 Saratoga Sunnyvale Road Resurfacing99,011 65,000 (130,000) - 65,000 99,011 Traffic Signal @ Verde Vista Lane90,000 - - - 90,000 Fourth Street Bridge100,000 - - - 100,000 Quito Road Bridge Replacement Design9,730 - - - 9,730 Quito Road Bridge Construction214,470 - - - 214,470 Village Façade Program978 - - - 978 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair50,000 - - 31,994 18,006 Annual Storm Drain Upgrade53,883 (3,760) - - 50,122 Village Trees & Lights at Sidestreets25,336 (25,336) - - - Prospect Road Median51,663 (972) - - (50,000) 691 City Entrance Sign/Monument23,788 (18,788) - (18,788) (5,000) 18,788 Padero Erosion Mitigation- - - - 50,000 50,000 Monte Vista Storm Drain- 71,130 (75,000) - 75,000 71,130 Canyon View/Elva Drain- 50,000 (50,000) - 35,000 35,000 Village-Streetscape Impv 549,952 9,098 (34,817) (12,257) 221,983 758,473 Saratoga-Sunnyvale/Gateway Sidewalk4,107 (12,806) - 1,125 (9,824) Total Street Projects2,169,661 (50,807) (197,079) (58,479) 326,983 2,307,236 Parks & Trails Hakone Garden Koi Pond15,600 - - - 15,600 EL Quito Park Improvements27,571 - - - 27,571 Historical Park Landscape50,588 (48,947) - - 1,641 Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - - - 125,000 Saratoga Village Creek- 20,000 (20,000) - - - West Valley Soccer Field(8,201) - - - (8,201) Park/Trail Repairs23,762 - - - 23,762 Playground Safety Equipment- 50,000 (50,000) - 50,000 50,000 Blaney Plaza Improvements- 10,723 (25,000) 2,454 25,000 8,269 Ravenswood Playground Improvement- 75,000 (75,000) - 75,000 75,000 Tank Trail Repair26,731 (25,000) - - 1,731 Mid Pen O/S Land Purchase250,000 - - - 250,000 Total Parks & Trails653,881 81,776 (170,000) 2,454 150,000 713,203 Facility Improvements Facility Projects81,070 156,898 (160,020) - 160,000 237,948 Civic Center Improvement20 (20) - (20) - 20 Theater Improvement71,472 3,762 - 223 75,011 Senior Center Minor Building Improvement1,050 (1,050) - - - Senior Center Furniture & Fixture- (9,147) - 4,131 (13,278) Portable Building Gutters2,460 (2,460) - - - North Campus Improvements3,920 163,674 (175,000) 9,579 175,000 158,015 HVAC System Upgrade117,949 (117,016) - - 932 Corp Yard Solar Project93,250 - - - 93,250 Vehicle Structure Solar125,000 - - - 125,000 Library Improvement15,000 (3,158) - - 11,842 SPCC Furniture & Fixture4,065 (3,746) - - 318 Electric Charging Station- - - - 65,000 65,000 McWilliams House Improvement10,000 (5,565) - - 4,435 Total Facility Improvements525,256 182,173 (335,020) 13,913 400,000 758,495 Administrative Projects Financial System Upgrade3,534 - - - 3,534 Document Imaging Project85,183 - - - 85,183 CDD Document Imaging Project31,989 - - - 31,989 CMO Document Imaging Project8,887 (354) - - 8,533 Telecommunication System55,000 (34,589) - 882 19,529 IT Emergency Power Back40,180 - - - 40,180 Total Administrative Projects224,773 (34,943) - 882 - 188,948 Tree Fine Fund Tree Fine Fund16,985 (3,150) - - 25,000 38,835 CIP Fund - Street Repair CIP Grant Fund(118,073) (389,845) - 274,066 (781,983) CIP Fund - Park & Trail CIP Grant Fund(46,013) (104,040) - 3,425 (153,478) Gas Fund Gas Tax Fund279,470 (33,243) 124,733 (106,000) (106,000) 370,961 Total CIP Funds3,687,624 (352,079) (577,367) 130,261 795,983 3,442,217 ATTACHMENT C SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5, 2011 DEPARTMENT:CITY MANAGER: Finance & AdministrativeServicesDave Anderson PREPARED BY:DIRECTOR: Mary FureyMary Furey SUBJECT: Financial Advisor Services for refunding the City’s 2001 Series General Obligation Bond RECOMMENDED ACTION: Review report and authorize the City Manager to enter into an agreement for professional financial advisor services between the City and Public Financial Management, LLC (PFM), for the refunding of the City’s 2001 Series General Obligation Bond. REPORT SUMMARY: On March 7, 2000, Measure N was approved by the voters of Saratoga to finance the improvement, renovation and expansion of the Saratoga Community Librarythrough the use of General Obligation (GO) Bonds. GO Bonds are tax-exempt debt obligations, secured by the City’s power and statutory authority to levy ad valorem taxes on real and personal propertylocated within city boundaries at any rate necessary tocollect and pay for principal and interest due. In 2001, the City of Saratoga issued $15,000,000 of voter-approved General Obligation (GO) Bonds. The bonds were issued at competitive interest rates at the time;however,with historic lows currently in place,and with the City’s bonds rated very high (Aaa/AAA by Moody’s and S&P), savings could be maximized. Under the current conditions, a bondrefunding is expected to save Saratoga taxpayers between $1 and $2 million over the next twenty years. OnAugust 1, 2010,the bonds becamesubject to redemption. Under the bond’s redemption terms, the bonds redemption price includes a 1% premium in addition to the principal and interest accrued to the date of redemption from August 1, 2010 through July 31, 2011. As of August 1, 2011, the 1% premium is eliminated. However, with the low rates in place currently, it may still be more financially advantageousto issue a refunding as soon as feasible, without delayingto August 1, 2011. To this end,staff requested the City obtain bond financing experts for both the timing determination and services required to proceed with bond refunding activities. A Financial Advisor Services‘Request for Proposals’ (RFP) was issued on October 25, 2010. The selected Finance Advisor will provide professional services and advice related to proceeding with the structuring and implementing of the bond refunding, acting as the project lead, and supportingthe City’s financial staffand associated financial consultants in completing the refunding transaction. Seven Financial Advisor consulting firms submitted extensive proposals, which were reviewed by staff and the Council’s Finance Committee. The firms were evaluated on qualifications detailed in their proposal, including: Proposal approach and understanding of the City’s refunding needs Quality and completeness of the proposal Qualifications of the firm and project staff Project lead’s experience with refunding General Obligation Bonds Cost of proposed servicesand expenses All of the submitting firms were highly qualifiedwith expert professional staff,requiring several evaluations of the proposals to come to a decision. The selected firm, Public Financial Management Inc. (PFM), was ultimately selected based on: the Project Manager’s extensive level of experience in General Obligation Bond refunding;clarity that PFM will act as the lead in the refunding activitieswith City staff in the support role;that the firm has a large public finance presence with comprehensive services, including a core service of advising on bond financings;the consultant price was very competitivewith a cap on expenses;and the firm’s San Francisco office was more local to Saratoga than the other highest- ranked proposals. FISCAL IMPACTS: The GO Bond does not impact the General Fund. All GO Bond activities(i.e. property tax levy revenues and principal and interest payments) are accounted for separately in a Debt Service Fund which the City maintains specifically for administering this debt transaction. In addition, thefees and expenses associated with the cost of refunding the bond are 1) contingent upon the issuance of the bond, and 2) paid directly out of the bond issuance funding. For financial advisory services in connection with the City’s refunding transactions, PFM proposed a flat fee of $30,000 which is contingent upon the successful issuance of the bonds. In addition, they are to be reimbursed for expenses for travel, postage, telephone, copying, meals, outside graphic fees, etc. related to the bond issuance, up to a cap of $1,500. PFM does not charge for normal secretarial support, word processing, or computer charges. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The GO Bonds would not be refunded, and City taxpayers would not realize a savings resulting from the decrease in interest rates paid out on the bonds. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Manager to enter into agreement with PFM. 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´·³·¬¿¬·±² ±² ¬¸» ½±°» ±º ¬¸» °®±¬»½¬·±² ¿ºº±®¼»¼ ¬± ¬¸» Ý·¬§ô ·¬ ±ºº·½»®ô ±ºº·½·¿´ô »³°´±§»» ±® ª±´«²¬»»®ò Ѭ¸»® ײ«®¿²½» Ю±ª··±² ½òò ̸» °±´·½·» ¿®» ¬± ½±²¬¿·²ô ±® ¾» »²¼±®»¼ ¬± ½±²¬¿·²ô ¬¸» º±´´±©·²¹ °®±ª··±²æ ïòß²§ º¿·´«®» ¬± ½±³°´§ ©·¬¸ ®»°±®¬·²¹ °®±ª··±² ±º ¬¸» °±´·½·» ¸¿´´ ²±¬ ¿ºº»½¬ ½±ª»®¿¹» °®±ª·¼»¼ ¬± ¬¸» Ý·¬§ô ·¬ ±ºº·½»®ô ±ºº·½·¿´ô »³°´±§»» ±® ª±´«²¬»»®ò îò̸» ݱ²«´¬¿²¬ ·²«®¿²½» ¸¿´´ ¿°°´§ »°¿®¿¬»´§ ¬± »¿½¸ ·²«®»¼ ¿¹¿·²¬ ©¸±³ ½´¿·³ · ³¿¼» ±® «·¬ · ¾®±«¹¸¬ô »¨½»°¬ ©·¬¸ ®»°»½¬ ¬± ¬¸» ´·³·¬ ±º ¬¸» ·²«®»®ù ´·¿¾·´·¬§ò íò ݱª»®¿¹» ¸¿´´ ²±¬ ¾» «°»²¼»¼ô ª±·¼»¼ô ½¿²½»´»¼ ¾§ »·¬¸»® °¿®¬§ô ®»¼«½»¼ ·² ½±ª»®¿¹» ±® ·² ´·³·¬ »¨½»°¬ ¿º¬»® ¬¸·®¬§ øíð÷ ¼¿§ù °®·±® ©®·¬¬»² ²±¬·½» ¾§ ½»®¬·º·»¼ ³¿·´ô ®»¬«®² ®»½»·°¬ ®»¯«»¬»¼ô ¸¿ ¾»»² ¹·ª»² ¬± ¬¸» Ý·¬§ò ß½½»°¬¿¾·´·¬§ ±º ײ«®»®ò ¼ò ײ«®¿²½» · ¬± ¾» °´¿½»¼ ©·¬¸ ·²«®»® ©·¬¸ ¿ Þ»¬ù ®¿¬·²¹ ±º ²± ´» ¬¸¿² ßæ Ê×× Ý·¬§ ±º Í¿®¿¬±¹¿ п¹» ïç ±º ïç ͬ¿²¼¿®¼ ݱ²«´¬¿²¬ ݱ²¬®¿½¬ SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5, 2011 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan, City Clerk Dave Anderson SUBJECT:Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation(Weeds) RECOMMENDED ACTION: Conduct public hearing and adopt resolution. REPORT SUMMARY: The attached resolution represents the second step in Saratoga’s Hazardous Vegetation Abatement Program administered by the Office of the County Agricultural Commissioner. The Commissioner has sent owners of the parcels requiring weed abatement a noticeinforming them that the weeds must be abated, either by the owners orif not doneby the owners in a timely manner, thenby the County. The notices also informed them that they may present objections at theJanuary 5, 2011public hearingscheduled before the City Council. A representative from the Office of the County Agricultural Commissioner will be attending the meeting to answer any questions Councilmembers may have on this proposed resolution as to the specific properties involved. FISCAL IMPACTS: None to the City. County recovers its costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the County will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Upon adoptionof the proposed resolution and pursuant to City Code Section 7-15.060, the County will send one additional notice to the owners of the properties to abate the hazardous vegetation nuisance on their property or demonstrate at apublic hearing before the City Council on March 16, 2011why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter, at the property owner’s expense. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed written notice to owners of specified property containing hazardous vegetation (weeds) requiring abatement,and posting of the agenda. Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A –Resolution Attachment B–Exhibit A –Commencement Report RESOLUTION NO. 11- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION WHEREAS , the Saratoga City Council has declared hazardous vegetation to be a public nuisance by Resolution No. 10-072adopted December 15, 2010; and WHEREAS , the Office of the County Agricultural Commissioner subsequently gave notice to all property owners of specific properties he had identified as containing hazardous vegetation (weeds) described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the Office of the City Clerk, and of the County Agricultural Commissioner; and WHEREAS, said notice informed the owners of the properties specified in Exhibit A attached hereto that the City Council would hold a public hearing on January 5, 2011to consider any protests or objections to the declaration of a nuisance on pre-specified properties so as to require the owners of these properties to remove the hazardous vegetation or be subject to a subsequent order for abatement authorizing the County Agricultural Commissioner to perform the abatement; WHEREAS , a public hearing on said notice was held on January 5, 2011; and WHEREAS , final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOWTHEREFOREBE IT RESOLVED, ,that the hazardous vegetation (weeds) on the specified properties listed on Exhibit A attached hereto is declared to be a nuisance and the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance as determined in general by resolution dated December 15, 2010, and as to specified properties as determined by this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED , that the noticespecified in the preceding paragraph shall require that owners of the properties identified in Exhibit A to abate the hazardous vegetative nuisance or demonstrate at a public hearing before the City Council on March 16, 2011why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter at the property owner’s expense. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a th regular meeting held on the 5day of January 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: Ann Sullivan City Clerk SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 5, 2011 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Barbara Powell Assistant City Manager SUBJECT:Planning for2011Mustard Faire RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: th meeting, the City Council received a request from Norman Koepernik to discuss At its December 15 planning for the 2011 Mustard Faire at a future Council meeting. The issue has been agendized in order to facilitate this discussion. A total of $4,000 has been included in the FY 2010/11 budget for Mustard Faire-related expenses. This includes the following City-related expenses: Rental of Warner Hutton House:$517.50 Banner Display in Blaney Plaza (2 weeks)$600.00 $100.00 Event Permit Fee $1,217.50 The net amount for use by Mustard Faire organizers would be $2782.50. FISCAL IMPACTS: A total of $4,000 would be allocated from the Community Building Events account in the FY 2010/11 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Undertake Council direction. Page 1of 2 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None Page 2of 2