Agenda - 10-25-2012 - 2 - Laserfiche WebLink

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3 The payment for this license is proposed to be $3,000 annuallythroughout the term of the agreement, payable in advance. HYAA would not issue sublicenses for use of either facility, and doing so would constitute a breach of contract.(Note: HYAA’s proposal was for a payment of $1,000, and HYAA continuesto express preference for that amount). The proposed Agreement is a one-year termbeginning March 1, 2013, and is renewable by the County and HYAAfor a same or longer term.To help HYAA with certaintyabout field availability, renewal discussions would begin in summer 2013. Either party may terminate the Agreement at any time by written 60-days notice – except that termination during a paid season would not take effect until the end of the contracted playing season. HYAAwouldclear the fields of trash and debris into a County-supplied solid waste container,and would drag the fields after each use with HYAA equipment. The County would provide ground maintenance, including restrooms, fencing, bases, pitching mounds and rubbers, and dugouts. The proposal would have the County ensure all fields were freshly dragged, lined and painted at least 30 minutes prior to each day’s start time. HYAA would then be responsible for “between-game” and “end-of-day” field preparation and maintenance. If rain or other circumstances preclude thisarrangement, HYAA would line the field on these days. County staff would retain final decisions on field usage in the event of rain or inclement weather, but would do so in consultation with HYAA. Decisions about field cancellations would be in a manner timely for both parties. HYAA would obtain general liability insurance of $1,000,000 or moreand endorse the County as an additional insured. An HYAA representative shall meet annually with the County Manager or his/her designee to review the Agreement, discuss compliance and special events or modifications. Provisions are also made for any possible damage beyond normal “wear and tear” to be evaluated at the end of the season. While the proposed License Agreement represents a compromise worked on by HYAA and County staff, there are still a number of issues that are important to acknowledge. These issues, plus potential costs and benefits from the proposed Agreement, are addressed in the attached staff memorandum. In summary, these issues are: The proposed license fee payment of $3,000 compares to $49,613 if fees were charged based on hours of usage, or $350 compared to actual hours of billed use in 2010-11. Increased costs for materials, equipment and facility repairs and seasonal staff are difficult to accurately assess, but staff estimatesindicate the County may incur new costs of $13,782in conjunction with the agreement. The County could operate concessions during HYAA usage, but staffing costs appear to substantially exceedrevenues. Having a third-party non-profit provider mayresolve this issue and provide the County with up to $1,755 in additional revenue to offset costs. Some costs would be incurred in the current fiscal year and are unbudgeted. The potential for precedents may exist via this agreement, and staff recommends an evaluation mechanism or template be created before any new such agreements are considered. The usage by HYAA will result in ball fields being in use again for youth baseball and softball, meeting a number of County goals for recreation and public health.