HomeMy WebLinkAboutStaff Report 4.C 02/03/2014 AgeAftaa itevGt#4.0
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• 7858,
DATE: February 3,2014
TO: Honorable.Mayor and Members of the City Council through City Manager
FROM: Scott Brodhun,.Assistant City Manager
SUBJECT: Resolution Authorizing an Agreement with Petaluma American Little League for
Installation of Field Lighting on One Baseball Field in Lucchesi Park
RECOMMENDATION
It is recommended that the City Council approve the attached Resolution Authorizing an
Agreement with Petaluma American Little League for Installation of Field Lighting
Improvements on One (1) Baseball Field at Lucchesi Park.
BACKGROUND
Little League baseball is played in all 50 states and in 80 countries with nearly 200,000 teams
and will be celebrating its 75`h anniversary in 2014. Lucchesi Park has been the home of
Petaluma American Little League(PALL) since 1961 with approximately 300 youth ages 6 -12
participating in 2013.
Little League try-outs take place in early February followed:by^:practices until the regular season
begins:the first week in March. Each of the'24 PALL teams plays 20 games before the city
championships and all-star games in early July. PALL games are scheduled Monday through
Saturday with rained out or otherwise re-scheduled games often played on Sundays. Current
league scheduling consists of one:game each weeknight (start time of 5:00 p.m.); Saturday games
(8:00.a.m. —dusk); and, as needed, Sunday rescheduled games (10 a.m. —dusk). The number of
rescheduled games varies from season to season.
In April 2013,PALL.sought the advice-of Parks andRecreation staff relative to how they could
. propose to add lights,to.one of the three youth baseball fields in Lucchesi'Park. Since that time
PALL has been preparing the various project components required of such a proposal. In
September; the Recreation, Music and Parks Commission (RMPC) toured Lucchesi ball fields to
view the project site, and in the subsequent evening meeting were provided with a project
overview. At the+December 18, 2013 regular meeting of the RMPC, a formal proposal was
provided by staff'and PALL,;andthe.RMPC took action recommending that the City Council
approve the project.
Agenda Review: — J
City Attorne 01 �' Finance Director City Manabec —1% }
v � —
DISCUSSION
PALL is proposing to install four light..poles (2 x 60' and 2 x 70') with 18 total lights placed
around the perimeter of the field closest to Maria Drive. Please seethe lighting diagram
included as Attachment#2. PALL is also proposing to pay all costs of lighting components and
installation. The logistics of providing donated and volunteer work on a City property will be
coordinated with City staff, and are covered in the agreement between the City and PALL that is
also attached as Exhibit A to the Resolution. PALL hopes to begin:the installation in February,
and they anticipate a 2 week construction period. The salient points of the agreement are as
follows:
• PALL will provide all of the funding, supervision, labor;.materials and equipment_necessary
to install and/or have installed the Musco Light Structure Green lighting system.
• PALL will provide all of.the labor and equipment necessary for trenching and hole boring
where each of the Field Lights are installed. All work will be in accordance with all
applicable city and other standards and regulations.
• PALL will contract with licensed electrical contractors for the electrical work necessary for
the Field Lights to work: PALL is responsible for paying contractors for all work necessary
for installation of the Field Lights.
• PALL will cover all costs of the Musco Lighting system that is to be installed on the Major
League Field. Pursuant;to permits and/or use agreements governing PALL use of the Major
League Field, PALL will also'be responsible for providing and,replacing burnt or broken
light tbulbs and,:in coordination with the City, will fix electrical problems pertaining to the
Field Lights.
• The City will authorize PG&E to Upgrade power service necessary for the Installation.
• The City will trim or remove any and all trees and other foliage impeding the installation in
accordancewith applicable City policies and regulations. The;Citywill provide normal
landscaping maintenance;at the park.
• Once the'City determines that the Field Lights have been installed and are operating in
accordance with the agreement they will become City-owned improvements and the City will
pay the monthly lighting and utility bills for the field lights and risk of loss of the field lights
will pass to the City.
• A lighting curfew will beiinplenented. In accordancewith Little League® rules and
regulations, and pursuant to;permits and/or use agreements!governing PALL use of the Major
League Field, no new inning of play may begin after 10:00 p.m., and the agreement requires
that field lighting be extinguished within 15 minutes of the end of the last game.
The addition of lights on one of the three ball fields at Lucchesi will allow the league to reduce
or eliminate Sunday,games, push back the 8:00 a.m. Saturday start time to later in the day and
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schedule two games per night;rather than one as may be needed. The aggregate number of
games will not change. There;isa potential of approximately 60 dates between February and
July for night play on the newly lighted field.
It is important to note that the adjacent multi-use field in Lucchesi Park is lit by 32 lights on
eight 70' standards and hosts soccer and lacrosse practices and games nearly every night
throughout the year. The multi-use lights do not stay lit beyond 10:15 p.m.
Staff has evaluated the proposal from a variety of perspectives considering potential impacts and
provides the following analysis:
Location
The project site is within the 30 acre Lucchesi Community Park. To the south of the ball field is
the artificial surface; lighted,.multipurpose field that is in use 350 days per year and further south
is the Boys & Club facility. Lighting at the existing multipurpose site is generally activated up to
10:15 pm, 7 days per week. To.the west, between the project site and"McDowell is Lucchesi
Park and the Petaluma Community Center. Immediately to the east is the Loma Vista School.
Immediately to the north are Lynch Creek, and a healthy and old stand of Redwood trees, beyond
which is the Learning to Learn Pre-school, and then Professional Drive. The site is designed for
intensive and active park use, and is well suited for the project. An area map is included as
Attachment 3.
Lighting Design
The proposal from the lighting vendor is the Musco Light Structure Green lighting system. The
Field Lights will be installed on the Major League Field on or about the locations noted on
Attachment 2. The lighting:manufacturer, Musco Lighting, states on specifications that the
PALL system will have energy savings of more than 50% over a standard lighting system as well
as 50% less spill and glare than provided by the previous generation of field lighting. The lights
are uniquely shielded to direct lighting to the field of play, and to eliminate unnecessary light
spillage.
Noise
It is not anticipated that the project Will result in additional noise, nor are additional play dates
added to the schedule. Rather than a Monday— Friday ending time of approximately 7:30 - 8:00
p.m., there will be nights when play ends at approximately 9:30 or 10:00 p.m. As well, the
Lucchesi multipurpose field, immediately adjacent to this project site, is in use 350 days per
year, and is typically lit and active until 10:15 p.m.
Traffic
The aggregate number of games will not change, however there will be a second game added to
many Monday-Friday dates, and there will be a later start time on Saturdays and a decrease in
games on Sunday. The addition of a.second weeknight game will result in a busy transition
period between games as vehicles travel to and from the hallfield and parking areas. It is not
anticipated that the project will directly contribute to an increase in the number of teams or
players, as that type of growth is driven by a variety of other factors.
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Parks and Recreation staff,'in conjunction with Planning and Attorney staff members determined
that the project is appropriately reviewed within the Department of Parks and Recreation and by
the Recreation, Music and Parks Commission. As well, staff:considered the project under the
California Environmental Quality Act (CEQA), and determined that the project is categorically
exempt under section 15301 of the CEQA Guidelines, which exempts minor alterations of
existing public facilities, structures and mechanical equipment involving negligible or no
expansion of use beyond that existing at the time of the lead agency's determination.
In anticipation of the December 18, 2014 RMPC meeting to consider the project proposal, 77
meeting notices were sent to property owners and tenants within 500' of the project area. One
piece of written correspondence was received and is included as Attachment 4. There were no
public speakers at the meeting. The Recreation, Music and Parks Commission considered the
proposal and unanimously approved a motion recommending that the City Council support the
project.
FINANCIAL IMPACTS
Petaluma American Little League will pay all costs associated with acquisition and installation
of the lighting system. Pursuant to permits and/or use agreements.governing PALL use of the
Major League Field, PALL will provide maintenance of the lighting system. The City will
provide normal landscaping maintenance at the park. The City will assume the ongoing cost of
utilities for the lighting system, and such costs are difficult to estimate as they can vary based on
utility rates and the amount of use. Initial estimates indicate an estimated annual average cost of
approximately $1,000 to $1,500. After installation the lighting improvements will become City-
owned facilities. A well maintained and lighted field certainly has value to the City, not the least
of which is the enhanced opportunities that will be presented for hosting play that involves teams
traveling to Petaluma.
ATTACHMENTS
1. Resolution and Agreement
2. Lighting Diagram
3. Area Map
4. Correspondence
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ATTACHMENT#1
RESOLUTION AUTHORIZING AN AGREEMENT WITH PETALUMA AMERICAN
LITTLE LEAGUE FOR INSTALLATION OF LIGHTING IMPROVEMENTS ON ONE
BASEBALL FIELD AT LUCCHESI PARK
WHEREAS, Petaluma American Little League (PALL) is an organization supporting
baseball for approximately 300 children annually ranging in age from 6 to 12 years old; and,
WHEREAS, Lucchesi Park has been the home of PALL since 1961; and,
WHEREAS,the City currently issues PALL permit(s) and may in the future issue use
agreements to play baseball games at the three baseball fields located in Lucchesi Park; and,
WHEREAS, PALL Volunteers have performed numerous improvement projects at
Lucchesi Park and continue to perform annual, seasonal and daily field maintenance benefitting
PALL programs and other Lucchesi Park users; and,
WHEREAS, it benefits the City and PALL for PALL to install or have installed four
field lights at the American Little League Major League Field located in Lucchesi Park; and,
WHEREAS, PALL baseball game play will improve with the addition of field lights on
the Major League Field; and,
WHEREAS, Lucchesi Park is designed to be and is an active use community park
featuring a lighted, multi-purpose all-weather field immediately adjacent to the Lucchesi Little
League Fields and that is in use 350 days per year; and,
WHEREAS,the Recreation, Music and Parks Commission considered the PALL
proposal to install field lighting at a Regularly Scheduled meeting of the Commission, and
provided special notice of said meeting to property owners and tenants within 500' of the project
and has respectfully forwarded a recommendation to the City Council to approve the project;
and,
WHEREAS. Parks and Recreation staff, in conjunction with Planning and Attorney staff
members have considered the project under CEQA and it can be seen from the facts in the staff
report concerning the proposed lighting installation, which staff report is incorporated into and
made a part of this resolution by reference, that installation and operation of the proposed
lighting at the Major League Field will improve game times and make use of the Major League
Field for PALL games more convenient, but.will not increase lighting, noise, traffic or other
impacts on Lucchesi Park or surrounding areas, and thus will result in negligible or no expansion
in use of the ball fields at Lucchesi Park, and that accordingly the proposed lighting installation
project at the Major League Field is categorically exempt from CEQA in accordance with
Section 15301 of the CEQA Guidelines; and,
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WHEREAS,.PALL will be responsible for,funding;;supervising, and supplying the labor,
equipment and materials to install field lights at the Major League Field located in Lucchesi Park
in accordance with the Agreement which is attached to and made a part of this resolution as
Exhibit A; and,
WHEREAS, PALL will continue to use for PALL programs the ball fields at Lucchesi
Park, including the Major League Field, subject to permits and/or use agreements providing for
maintenance of the ball fields, times of use, and other particulars;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma,
as follows:
1. The above recitals are declared to be true and correct and are hereby incorporated into
this resolution as,findings;of the City Council.
2. The proposed installation of field lights at the Major League Field at Lucchesi Park is
categorically exempt from CEQA pursuant to section 15301 of the CEQA Guidelines
because the project involves minor alterations to existing:public facilities and entails
negligible or no expansion in use of the facilities.
3. The proposed agreement between the City and PALL governing installation of the
proposed field lights at the Major League Field at Lucchesi Park which is attached to
this resolution as Exhibit A is hereby approved, and the City Manager is authorized to
sign the.agreement on behalf of the City.
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EXHIBIT A
AGREEMENT
This Agreement ("Agreement") is made and entered into the day of February,
2014, by and between the City of Petaluma, a California municipal corporation and
charter city; hereinafter referred to as "City," and the Petaluma American Little League,
herein after referred to as "PALL,"a
BACKGROUND
1. PALL has conducted baseball programs at Lucchesi Park in the City since 1961
and PALL volunteers have performed numerous improvement projects at Lucchesi Park
and perform annual, seasonal and daily field maintenance:at Lucchesi Park.
2. The City currently'issues PALL permits and may in the future issue use
agreements to PALL to conduct baseball game programs at the three baseball fields
located in Lucchesi Park.
3. Lucchesi Park..is designed to be and is an active use community park featuring
lighted, multi-purpose all-weather fields in use 350 nights per year.
4. It benefits the City and PALL for PALL to install 4 (four),field lights ("Field Lights")
at the American Little League Major Field ("Major League Field") depicted in Exhibit B
and located in Lucchesi Park in accordance with this Agreement.
5. PALL supports baseball for children ranging in age from 6 to 12 years old. PALL
leagues play baseball on three baseball fields in Lucchesi Park. PALL baseball game
play will improve with the addition of field lights on the Major League.Field in Lucchesi
Park.
6. PALL will be responsible for funding, supervising, and supplying the labor,
materials and equipment t install field light improvement.(the"'Improvements") on the
Major League Field located' Lucchesi Park in accordance with this Agreement.
7. The City Council on the third day of February, 2014 by Resolution No.
N.C.S. determined that installation of the Improvements is categorically
exempt from the California Environmental Quality Act ("CEQA") as a minor-alteration of
existing public facilities with negligible or no-expansion in'use and authorized execution
of this Agreement on behalf of the City in accordance with the City Charter, the City
Municipal Code and/or other applicable law;
NOW, THEREFORE, City and PALL, for the consideration hereinafter described,
mutually.agree-as follows:
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1. PROJECT DESCRIPTION
PALL will install and/or have installed the Musco Light Structure Green lighting system
described in Exhibit A which is attached to and made.a part of this Agreement in
accordance with all requirements of this Agreement. The Improvements will be installed
on the Major League Field on or about the locations noted on Exhibit B, which is
attachedto and made apart of this Agreement.
2. PALL 's SCOPE OF WORK
A. PALL will employ'Mike Brown Electric Co. License #306767 or any other licensed
electrical contractor reasonably acceptable to City for the electrical work necessary for
proper installation of the Improvements so that the Improvements function as intended
and in accordance with all applicable warranties. PALL will be solely responsible for
compensating the electrical contractor and any other service providers performing work
on the Improvements for compensation.
B. PALL will provide alldaborand equipment necessary to trench the area around
where the Improvements are to be installed. PALL may use volunteer labor for such
trenching.
C. PALL will be responsible for the hole boring necessary for the base installation of
the Improvements. PALL.may use volunteer labor for hole•boring.
D. PALL will be solely responsible for the cost of the Musco Lighting system that is
to be installed on the Major League Field as part of the Improvements.
3. CITY'S SCOPE.OF WORK
A. The City will authorize the upgrade of any electrical meters necessary for proper
installation and operation of the Improvements prior to installation of the Improvements.
B. The City will authorize PG&E and/or a qualified contractor to upgrade power
service'necessary`forproper installation and operation of the Improvements prior to
installation,of the Improvements.
C. The City will trim or remove any and all trees and other foliage impeding the
Installation in accordance with applicable City policies.
D. The City will provide normal landscaping maintenance at the Lucchesi ball fields,
including the Major League Field.
4. OWNERSHIP OF IMPROVEMENTS AND COST OF MONTHLY UTILITY
CHARGES
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Once the City determines that the Improvements havebeen installed and are operating
in accordance with:this Agreement, the Improvements Will become City-owned
improvements and the City will pay the monthly lighting and utility bill for the
Improvements and risk of loss of the Improvements will pass to the City.
5. USE OF THE IMPROVEMENTS
PALL's use of the Improvements will be subject to applicable permits and/or use
agreements issued by the-City. The City will issue PALL;permits and/or use
agreements for use of City facilities, including the Improvements, in accordance with
applicable City regulations'governing such permits and/or use agreements, and such
permits and/or use agreements will not be unreasonably withheld. Such permits and/or
use agreements will provide:that PALL will adhere to Little League®regulations with
respect to night games,and will not begin a new inning after 10'00 p.m., and will
extinguish lights within 15 minutes of the end of the last game.
6. TERM
The term of this Agreement ("Term") commences upon execution by authorized
representatives of both parties and will expire upon the City determining that the
improvements have been installed and are operating in accordance with this
Agreement, unless terminated sooner in accordance with provision 20, except that
provision 12 will survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR
PALL and City agree that PALL, and any contractors or volunteers of PALL performing
work on the Improvements are not employees or agents of the City. Persons employed
or utilized by PALL for the Installation will not be employees or agents of the City.
8. PERSONS EMPLOYED BY PALL, BACKGROUND CHECKS
Each person or entity engaged in the installation of the Improvements including, but not
limited to, PALL's employees, volunteers, contractors, subcontractors, and
subcontractor employees must be a United States citizen or have a legal right to work in
the United States. All contractors must verify citizenship or legal right to work in the
United States and retain an 1-9 form for all persons or entities engaged in the
installation and maintenance of the Field Lights. No person involved in the installation of
the Improvements may have been convicted of a felony or a crime relating to theft,
violence, sexual misconduct, or a violation of the California Health and Safety Code.
Any violation of this provision shall constitute a default subject to termination of this
Agreement.
9. STANDARD OF PERFORMANCE
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A. PALL will install the Improvements and/or have them installed in.the manner and
according to the standards observed by a competent practitioner in the
geographical area and will prepare all work products required by this Agreement
in accordance with those standards. PALL will comply with all federal, state and
local laws and regulations applicable to the installation of the Improvements.
PALL's failure to comply with any law(s) or regulation(s) applicable to the
installation of the Improvements shall constitute a default subject to termination
of this Agreement in accordance with section 20 of this Agreement.
B. PALL shall assign only competent personnel to installation the Improvements
pursuant to this agreement.
10. INSPECTION
City may conduct periodic inspections of the PALL's installation efforts and of the
Improvements to be installed. PALL will be responsible for any damage to
Lucchesi Park'or'any other public or private property caused by PALL or PALL's
officials, officers, employees, agents, volunteers or contractors during the
installation of the'Improvements, and shall repair or replace any such damage to
Lucchesi Park or other public or private property Lathe reasonable satisfaction of,
and at no cost to, the City until the City determines, that the installation of the
Improvements is complete in accordance with this Agreement. If the City finds
that repairs or changes are required in connection with this Agreement, which, in
the reasonable opinion of the City are rendered necessary as the result of
damage resulting from the installation of the Improvements, then PALL shall,
within five (5) days:of receipt of notice from the City correct all defects therein,
and make good on all damages. If PALL fails to correct any such damage at
PALL's expense, the City may affect such repair as necessary, and require PALL
to pay for the cost of such repair within 14 days of presentation of a demand for
payment from City. The City may also treat any failure to pay any such amount
on demand as a default subject to termination in accordance with section 18 of
this Agreement.
11. OTHER GOVERNMENTAL REGULATIONS
PALL, shall ensure that, the installation of the Improvements is performed in
accordance with all applicable rules and regulations.
12. INDEMNITY
A. To the maximum extent permitted by law, PALL shall, at its own expense,
indemnify, defend with counsel acceptable to the City, (which acceptance will not
be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all
liability, loss, damage, claims, suits, actions, .arbitration proceedings,
administrative proceedings, regulatory proceedings, civil penalties and fines,
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expenses and costs (including, without limitation; claims expenses, attorney's
fees and costs and fees of litigation) (collectively, "Liability") of every nature,
whether actual, alleged or threatened; arising out of or in connection with the
installation of the Improvements, or the failure of PALL or any of its officials,
officers, employees, agents, contractors or volunteers to comply with any of the
terms of this Agreement, regardless of any fault or alleged fault of the
Indemnitees.
B. PALL's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of PALL's inability to evaluate Liability, or because
PALL evaluates Liability and determines that it or any of its contractors or
volunteers is not or may not be liable. PALL must respond within 30 calendar
days to any tender for defense and indemnity by the City, unless the time for
responding is extended by an authorized representative of the City in writing. If
PALL fails to accept tender of defense and indemnity within 30 calendar days, in
addition to any other remedies authorized by law, so much of the money due or
that may become due to PALL under this Agreement as shall reasonably be
considered necessary by the City, may be retained by the City until disposition
has been made of the matter subject to tender, or until PALL accepts the tender,
whichever occurs'first.
C. PALL waives any and all rights to express or implied indemnity against the
Indemnitees concerning'any Liability of PALL arising out of or in connection with
the Installation or failure to comply with any of the terms of this Agreement .
D. Notwithstanding the foregoing, to the extent this Agreement is a "construction
contract" as defined by California Civil Code §2783, as may be amended from
time to time, PALL's duty to indemnify under this provision shall not apply when
to do so would be prohibited by California Civil Code §2782, as may be amended
from time to time.
E. Notwithstanding the foregoing, to the extent that the installation includes design
professional services subject to Cal. Civil Code 2782?8, as amended from time
to time, PALL's duty to indemnify shall only be to the maximum extent permitted
by Civil Code § 2782.8.
13. INSURANCE
Attached to and made a part of this Agreement as Exhibit "C" are the Insurance
Requirements that PALL must satisfy before commencing installation of the
Improvements. Failure to maintain the kinds and amounts of insurance and/or to
provide proof of insurance as required pursuant to Exhibit C and this provision shall
constitute a default subject to termination in accordance with section 18 of this
Agreement.
14. NON-DISCRIMINATION
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During the performance of this Agreement, PALL will not discriminate against any
employee of PALL or applicant for employment because of race, religion, creed, color,
national origin, age, physical or mental handicap or disability, medical condition, marital
status, sex, or sexual. orientation. PALL will take affirmative action to ensure that
employees are treated during employment without regard to their race, religion, creed,
color, national origin, age, physical or mental handicap or disability, medical condition,
marital status, sex, or sexual orientation.
15. AMERICANS WITH DISABILITIES ACT
The installation of the Improvements must be performed in accordance with all
applicable provisions of the Americans with Disabilities Act:of 1990 ("ADA") and any
other applicable state,or federal,law or regulation governing access of persons.
regarding the performance.of the Services. Meetings, hearings, conferences, classes,
and other activities carried out in the installation of the.lrriprovements must occur in
accessible locations, and auxiliary aides must be provided, upon request, to participants
with disabilities. PALL must comply with any directives of the City as may be required
for purposes of applicable accessibility requirements, and must notify the City as soon
as possible concerning anyaspect;of the Improvements that PALL reasonably believes
may require improvements to satisfy applicable access requirements.
16. LICENSES AND PERMITS
A. BUSINESS LICENSE. To the extent the requirements of Chapter 11 of the
Petaluma Municipal Code apply, PALL and any contractors subject to the
requirements of Chapter 11 of the Petaluma Municipal Code must acquire at their
sole expense a business license from the City in accordance with that chapter.
Such licenses must be kept valid throughout the Agreement Term.
B. OTHER LICENSES AND PERMITS. PALL represents and warrants to City that
PALL and its employees, agents, volunteers and any contractors have all.
licenses, permits, qualifications, and approvals of whatsoever nature that are
legally required to practice in their respective professions. PALL expressly
represents and warrants to City that PALL and its employees, agents, volunteers
and any contractors shall, at their sole cost and expense, keep in effect at all
times,during the Installation any licenses, permits, and approvals that are legally
required.,
17. OWNERSHIP OF WORK PRODUCTS AND TREATMENT OF DOCUMENTS
All plans, specifications, reports, 'designs and other documents prepared by PALL
pursuant to this Agreement shall be and remain:the property of the City. Except as may
be otherwise required by law, PALL will disclose no data, plans, specifications, reports
or other documents pertaining to the Installation without the prior written consent of the
City. PALL shall fully cooperate with the City concerning fulfillment of any legal
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obligations of the City.concerning information prepared or maintained by PALL pursuant
to this Agreement, including, but not limited to, obligations of the City pursuant to the
California Public Records Act and other applicable law:
18. ALTERNATIVE DISPUTE RESOLUTION
Should,anydispute arise.between.the City and PALL.that'cannot be resolved through
good faith negotiations, the parties may resolve=the dispute through the use of any
alternative dispute resolution process on which the parties mayagree.
19. AMENDMENT
This Agreement may be amended only by a written instrument executed by authorized
representatives of both parties.
20. DEFAULT
It shall constitute a, default under this Agreement if,any of the events described below
occurs. However, a.non defaulting party may,( but need not),.grantto the defaulting party a
reasonable time within which to cure the default, and if so, must specify such time in a notice
of default and opportunity to cure provided to the defaulting party. if the defaulting party,
upon receipt of such notice and opportunity to cure, promptly commences and completes
such cure within the time specified or any extension granted by the non-defaulting party to
the reasonable satisfaction of'the non-defaulting party, then such default will be deemed
cured.
A Either party liquidates its business, becomes insolvent, makes an assignment for the
benefit of creditors or has-filed against it petition of bankruptcy, bill in equity, or
other proceeding(s) for the appointment of a receive or other custodian for its
property, or it p roceedings for reorganization or composition with creditors under any
law are instituted by oragainst.PALL or if any levy saleor execution of any kind
is made upon or of the any property of PALL.
B. Either party fails to perform any of its obligations in accordance with this Agreement
21. TERMINATION AND.REMEDIES
A. City may terminate this Agreement for convenience by.giving at least 90 days'
written notice to PALL specifying the termination effective date. 'Upon receipt of
such notice, PALL shall cease the Installation. In case of such termination for
convenience, City shall pay PALL for all monies PALL expended in accordance
with this Agreement through the'termination effective date. City may condition
payment of such compensation upon PALL delivering to City any and all
materials or property'provided to or prepared by PALL, and any and all materials
or property provided to or prepared by City for PALL; in connection with this
Agreement.
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B. If PALL materially breaches ahy term Ofthis.Agreement, in addition to any other
remedies the City may-have at !ewer equity, the City may:
1. Terminate the Agreement by notice to PALL specifying the termination
effective date;
2. Retain, and/or recover from PALL at no additional cost to the City, the plans,
specification, drawings, reports and other design°documents and work
products prepared by PALL, whether or not completed, and any and all
materials or property provided to or prepared or installed by PALL orrby any
person or entity performing work installing the,Improvements under PALL's
supervision or direction, and any and all materials or property provided to or
prepared by City for PALL, in connection with this Agreement;
3. At the City's sole expense the City may complete the unfinished
Improvements or have the unfinished Improvements completed, and/or;
C. If City is in breach of any provision of this Agreement, PALL shall have all rights
and remedies afforded to if by this Agreement or law or equity.
22. BINDING EFFECT AND ASSIGNMENT PROHIBITION
This Agreement is binding upon City, PALL, and their successors. No assignment or
transfer in whole or in part of this Agreement shall be made without the prior written
consent of the City.
23. REPRESENTATIVES
A. City representative for purposes of this Agreement will be the City Manager or his
or her'designee. PALL's representative for purposes of this'.Agreement will be its
President. The parties' designated representative will be the primary contact
person regarding the performance of the Installation. PALL shall not substitute or
replace primary representative without approval of the.City.
B. Notices:
Any written notice to PALL shall be sent to:
PALL President
229 Maria Drive
Petaluma, 'CA 94954
Any written notice to City shall be sent to:
City Clerk
City of Petaluma
11 English Street
• Petaluma, California, 94952
24. INTEGRATION AND AMENDMENT
This Agreement represents the entire and integrated agreement between City and PALL
and supersedes all prior negotiations, representations or agreements, whether written
or oral. If a discrepancy, disagreement, ambiguity, inconsistency or difference in
interpretation of terms arises as to terms or provisions of this Agreement and any
Exhibit(s) attached to this Agreement, this Agreement shall control and shall be deemed
to reflect the intent of the Parties with respect to the subject"matter hereof.
25. CONFLICT OF INTEREST PROHIBITION
A. City and PALL will comply with the requirements of the City's Conflict of Interest
Code adopted pursuant to the provisions of California Government Code Section
87300 and following, the Political Reform Act (California Government Code
Section 81000 and following), the regulations promulgated by the Fair Political
Practices Commission (Title 2, Section 18110 and following of the California
Code of Regulations), California Government Code Section 1090 and following,
and any other ethics laws applicable to the performance of the Services and/or
this Agreement.. Contractor may be required to file with the City Clerk a
completed Form 700 before commencing performance of the Services unless the
City Clerk determines that completion of a Form 700 is not required, pursuant to
the City's Conflict of Interest Code. Form 700 forms are available from the City
Clerk.
B. PALL may not employ any City official, officer or employee in the performance of
the.Services in violation of any applicable rule or law, nor may any official, officer
or employee of the City have any financial interest in this agreement that would
violate California Government Code Section 1090 and following. PALL warrants
that it did not participate in any manner in the forming of this Agreement in
violation of Government Code Section 1090. PALL understands that, if this
Agreement is made in violation of Government Code Section 1090 and following,
the entire Agreement is void.
C. Any violation by the Contractor of the requirements of this section will constitute a
default subject to termination pursuant to section 20 of this Agreement, and the City
reserves all its rights and remedies at law and equity concerning any such
violations.
26. APPLICABLE LAW AND VENUE
The laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and the interpretation of this Agreement. Any
action or proceeding that is initiated or undertaken to enforce or-interpret any provision,
performance, obligation or covenant set forth in this Agreement shall be brought in a
state court in Sonoma County.
27, RECOVERY OF ATTORNEY'S FEES
If a party to this Agreement brings any action, including an action for declaratory relief,
to enforce or interpret any term of this Agreement, the prevailing party will be entitled to
reasonable attorneys' fees in addition to any other relief to which that party may be
entitled. The court may set such fees in the same action or in a separate action brought
for that purpose.
28. SEVERABILITY
If a court of competent jurisdiction finds or rules that any provision of this Agreement is
invalid, void, or unenforceable, the provisions of this Agreement not so adjudged will
remain in full force and effect. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect:the validity of any other provision of this Agreement.
29. WAIVER.
In the event of a breach or default under this Agreement by any party, the failure by the
non-breaching or defaulting party to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any part
of such provision.
30. NO THIRD PARTY BENEFICIARIES.
The Parties do not intend to create, and nothing in this Agreement shall be construed to
create any benefit or right in any third party.
31. COUNTERPARTS.
This Agreement may be executed by facsimile or in one or more counterparts each of
which shall be deemed an original but all of which together shall constitute one and the
same instrument.
IN WITNESS HEREOF, the parties have caused their authorized representative to
execute this Agreement on this day of February , 2014.
l l
•
City PALL
By: By:
John C. Brown, City Manager Fred Hilliard, President
ATTEST:
BY:
Thomas Perry, Vice President
By:
Eric Danly, City Attorney
By:
Claire Cooper, City Clerk
• BY:
Robert,Mota, Treasurer
• BY:
Todd&Bugbee, Secretary
EXHIBIT C
INSURANCE REQUIREMENTS
EXHIBIT B-I
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved,by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements;and shall specifically bind the insurance carrier.
Consultant shall,procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connections with, the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors.
A. Minimum Scope of Insurance
Coverage shall be afleast.as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code-1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's.Liability Insurance.
4. Such other insurance coverages and limits as may be required by the City.
B. Minimum.LiniitsrofInsurance
Consultant shall maintain limits no less than:
1. General Liability: $,1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the-general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily.Injury by Accident -$1,000,000 each accident.
Bodily Injury by Disease- $1 000,000 policylimit.
Bodily Injury by Disease -$1,000,000,each employee.
4. Such other insurance coverages and limits as may be required by the City.
.C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of,the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects, the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations,claim administration and defense expenses.
Exhibit B-1
INSURANCE REQUIREMENTS(City)
(609323)April 20i0
`(111
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following'provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or'on,behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles"owned,leased, hired or borrowed by the Consultant. The coverage
shall contain no special,limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. My insurance or self-insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant'siinsurance and shall not contribute with it.
3. Any failure to comply with reporting or other;provisions of the policies including
breaches of;warranties shall not affect coverage provided to the City, its officers,
officials, employees,agents or volunteers.
4. The Consultant'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.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled'd by either party, reduced in
coverage or in limits except after thirty (30) days'>prior written notice by certified
mail, return receipt requested,has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors orothers involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:V-II.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting,coverage-required
bythis,clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage onfits behalf All endorsements are;to be received and approved by the
City before the Services commence.
Exhibit B-1
INSURANCE REQUIREMENTS(City)
(609321)Aprl 2010
lc\
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ATTACHMENT#4
Phoenix; Don
From: nvanwest @comcast.net
Sent: Friday, December 13, 2013 322 PM
To: Phoenix; Don
Subject Field lighting an Lucchesi Park
Dear Mr. Phoenix,
We are writing to object to the proposal by the Petaluma American-Little League to have lights
installed in order to illuminate the baseball field at Lucchesi Park fornight games.
We agree that it is important for-children to have a ball field and park. However, during the baseball
season the games are played from early morning to early evening.-Spring and summer days are long,
therefore, it doesn't even get dark until at least 9PM. I fail to see the need for lights during this time of
the year.
We live near the park and ball field and are already negatively impacted by the night lighting on
the soccer field in the fail and winter. Having lights on the ball field during the summer, would cause
us more dismay.
Currently, the neighborhood is already affected by lighting of the soccer fields, noise from the
crowds, announcements on the loud speaker, whistles, traffic, and parking problems during the
evening and day games. Often, the lights and noise-continues to occur well after 10 PM. We are
already concerned about the'noise and traffic from the ball field for the day games, We are opposed
to extending this into the evening hours when we would like to entertain or relax in our backyard or
inside our home with, darkness, peace and quiet.
Thank you,
Paul and Nancy Van West
1626 Flanigan Way
Petaluma, CA 94954
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