2022/01/11 City Council Resolution 2022-006 RESOLUTION NO. 2022-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AN ACCESS AND IMPROVEMENT AGREEMENT WITH THE
ROHNERT PARK GIRLS AMATEUR SOFTBALL ASSOCIATION FOR
IMPROVEMENTS TO MAGNOLIA BASEBALL/SOFTBALL FIELDS AND FINDING
THE PROJECT CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF
CEQA
WHEREAS,the Magnolia Park baseball and softball fields located at 1401 Middlebrook
Way in Rohnert Park, California are owned and operated by the City of Rohnert Park for
recreational use; and
WHEREAS,the Rohnert Park Girls Amateur Softball Association(RPGASA), a non-
profit 501(c)(3) organization, whose purpose is to support competitive girls softball activities
that benefit the community of Rohnert Park, is a frequent user of the Magnolia Park baseball and
softball fields; and
WHEREAS, the RPGASA proposes to donate and install improvements to the Magnolia
Park baseball/softball fields (the "Project"); and
WHEREAS, plans, specifications, and an inspection schedule were compiled and
approved by the City Engineer and are attached hereto as Exhibit A, and incorporated herein by
this reference; and
WHEREAS, the City and the RPGASA desire to enter into an Access and Improvement
Agreement for the donation and installation of field improvements at Magnolia Park baseball and
softball fields, to more thoroughly define the terms and conditions of the construction and
dedication obligations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that, based on the evidence presented at the duly noticed public meeting of January 11,
2022, the City Council of the City of Rohnert Park finds that this action is categorically exempt
from the requirements of CEQA pursuant to Section 15302 (Replacement or Reconstruction)
and Section 15303 (New Construction or Conversion of Small Structures) of CEQA Guidelines,
in that the project involves construction of replacement of existing recreational facilities and
construction of new small structures, and none of the exceptions set forth in CEQA Guidelines
section 15300.2 apply to the Project.
BE IT FUTHER RESOLVED that it does hereby authorize and approve the Access and
Improvement Agreement with RPGASA, attached as Exhibit B, and incorporated by this
reference herein..
BE IT FURTHER RESOLVED that the plans, specifications, and inspection schedule
set forth in Exhibit A are hereby approved.
BE IT FUTHER RESOLVED that the City Council finds and determines that the
Project will advance the health and welfare of the residents of the City of Rohnert Park, and the
Project is in the best interests of the City.
BE IT FURTHER RESOLVED that encroachment permit fees, plan check fees,
grading permit fees, and inspection fees are hereby waived.
BE IT FUTHER RESOLVED that the City Council finds and determines that all work
on the Project will be performed by volunteers, and, therefore, pursuant to Chapter 1 of Part 7 of
Division 2 of the California Labor Code (commencing with Section 1720) does not apply to the
Project.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to 1) execute the Access and Improvement Agreement with the RPGASA for the
Magnolia Park baseball and softball fields, in substantially similar form to the agreement
attached hereto as Exhibit A subject to minor modifications approved by the City Manager in
consultation with the City Attorney, and 2) enter into any other agreements or take other actions
necessary to effectuate the purpose of the Access and Improvement Agreement
DULY AND REGULARLY ADOPTED this 11 th day of January, 2022.
CITY OF ROHNERT PARK
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ATTEST:
Sylvia Lopez Cu vas, City Clerk
Attachments: Exhibit A
Exhibit B
GIUDICE: Abe HOLLINGSWORTH-ADAMS: Abe STAFFORD: Ae LINARES: Au?, ELWARD: �
AYES: (5 ) NOES: ( g5 ) ABSENT: ( ) ABSTAIN: ( )
Resolution 2022-006
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1/4/2022
Softball Fields
Magnolia Park Improvement Plan
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Softball Field Improvement Scope
Remove the bases and the pitching mound from the field to maintain the fields by bringing the
slopes back to their original condition, with a raised infield and slope to the outfield to shed water away
from field of play (roughly 1% sloped).
Install additional structural base on the field to fill the holes utilizing a loam soil or similar
structural soil as approved by the Director of Public Works, and reuse the infield mix once a good base
is established.
Perform the same maintenance work as listed above on the bullpens as material allows.
Raise the bullpen fence by roughly 5ft with some sort of netting, as approved by the Director of
Public Works
Work with the utilities department to add a water source for spaying the infield down as needed
and located in the field. At no time shall the Softball League connect to the city water system.
Install a sunshade net over all of the bleachers for the spectators to provide shade during the
season. The Softball League would remove & store after the season ended.
All other components of the field shall remain undisturbed, and any damage incurred during
construction shall be the responsibility of the Softball League to correct to the approval of the Director
of Public Works.
All equipment on-site shall only be operated by individuals with the proper certifications and
training to safely handle the equipment.
Inspection Requirements
Inspections are required at the following intervals and are required to meet the city of Rohnert Park
Manual of Standards:
During construction set up
During base rock installation (after compaction)
At final course leveling
Resolution Exhibit B
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ACCESS AND IMPROVEMENT AGREEMENT
CITY OF ROHNERT PARK
ROHNERT PARK GIRLS AMATEUR SOFTBALL ASSOCIATION
THIS ACCESS AND IMPROVEMENT AGREEMENT (this “Agreement”) is entered
into this ___ day of ______, 2022, by and between the City of Rohnert Park, a municipal
corporation existing under the laws of California (the "City”), and the Rohnert Park Girls Amateur
Softball Association, a California non-profit corporation with a principal place of business in Rohnert
Park, California (the "Association"). City and Association are sometimes referred to herein, each as
a “party” and collectively, as the “Parties.”
WHEREAS, the City owns certain real property in Rohnert Park, located at 1401
Middlebrook Way (the “Property”); and
WHEREAS, the Property is improved with a regulation sized softball field diamond (the
“Access Area”) described and depicted with particularity on Exhibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, the Association has historically used the same for spring and summer youth
recreation purposes as a youth-oriented softball diamond and wishes to make improvements to the
field that would include grading of the field, adding protective netting in front of the bleachers, and
other improvements; and
WHEREAS, the Association proposes to make such improvements at its own cost and
expense and for the work to be performed by Association volunteers;
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and
promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereto agree as follows:
1. Softball Field Improvement. The City hereby authorizes the Association to enter the
Access Area to construct and install improvements to the softball field diamond, including grading
of the field, installation of protective netting in front of spectator bleachers, and other
improvements (collectively, the “Work”). The Association shall perform the Work or cause the
Work to be performed at its sole cost, expense, liability and in strict compliance with the terms and
conditions contained herein.
2. Plans and Permits. The Project shall be constructed in accordance with the plans as shown
in Exhibit D attached hereto and incorporated herein by this reference, and as required by the City
of Rohnert Park’s Manual of Standards. Association shall conduct the Work in full compliance
with the regulations, rules, and other requirements as may be directed by the City’s Director of
Public Works, including, but not limited to, the inspection schedule set forth in Exhibit “D.”
Permits and fees relating thereto are waived. Association shall submit a construction schedule to
Resolution Exhibit B
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the City’s Director of Community Services not less than fourteen (14) days’ written prior to the
proposed date of commencement of the Work. Within seven days, City’s Director of Community
Services shall review and either approve the construction schedule or provide written revisions to
Association. City’s Director of Community Services’ decision on the construction schedule shall
be final.
3. Construction Standards. All of the Work will be carried out and diligently completed by
Association in a first-class, workmanlike manner, and in strict compliance with approved plans,
applicable laws, and this Agreement. Association shall comply with any and all direction given by
the City’s Director of Public Works, or her designee. All work shall be completed by duly licensed
and insured contractors, which contractors shall be reasonably acceptable to City, as evidenced by
City’s written approval from the City Manager. Association shall require its contractors selected for
the Work to execute the Certificate regarding Workers Compensation in the form attached as Exhibit
B hereto and to provide City with certificates of insurance from its contractors evidencing that the insurance requirements of this Agreement are maintained by said contractors and require that the
contractors provide the City the same indemnity as required by Association under this Agreement.
Association shall indemnify, defend (with counsel reasonably approved by City) and hold harmless
City and its respective officers, employees, agents, and volunteers from any claims, actions, losses,
damages, and/or liability arising out of Association’s failure to fulfill its obligations set forth in this
Section 3. Association’s indemnity obligation shall survive completion of the Work and the
expiration or earlier termination of this Agreement and shall not be limited by the existence or
availability of insurance.
4. Cost of Construction. All costs of construction shall be the sole responsibility of Association.
The Association shall conduct any construction program in such a manner that no mechanic’s liens
or materialman’s liens shall be asserted, or purportedly asserted, against the Property, the Access
Area, or any improvements thereon. If any such lien shall be asserted, Association shall indemnity
and defend City (with counsel reasonably approved by City) against such lien. Association’s
indemnity obligation shall survive completion of the Work and the expiration or earlier termination
of this Agreement and shall not be limited by the existence or availability of insurance.
5. Acceptance of Improvements. If the Work is properly completed and delivered to City in
accordance with this Agreement, the City Manager shall be authorized to accept the Work. Upon
Association’s delivery of the Work and acceptance thereof by the City Manager, this Agreement
shall terminate except for those obligations of Association that survive the termination of this
Agreement.
6. Indemnification. To the fullest extent permitted by law, the Association shall indemnify,
hold harmless and defend City, its officers, agents, employees and volunteers, from and against
any and all liability, loss, damage, claims, and expenses including reasonable costs and attorney's fees arising out of or resulting from Association’s activities in performance of this
Agreement. If any term or portion of this section is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, said section shall be interpreted to allow the
broadest indemnity permitted by law. The indemnity provision of this section shall survive the
expiration or earlier termination of this Agreement.
7. Volunteer Waiver of Liability. Association shall be responsible to secure a signed City
of Rohnert Park Waiver of Liability and Indemnification Agreement, attached hereto as Exhibit C
Resolution Exhibit B
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and incorporated by this reference, from each volunteer. The signed waivers shall be delivered
to City prior to the commencement of any of the Work.
8. Insurance Requirements. Association shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder by the Association, its
agents, representatives, or volunteers.
Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and
completed operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If the Association maintains broader coverage
and/or higher limits than the minimums shown above, the City requires and shall be entitled to
the broader coverage and/or higher limits maintained by the Association. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall
be available to the City.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations
performed by or on behalf of the Association including materials, parts, or equipment
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant’s insurance (at least as broad as
ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 forms if later revisions used).
For any claims related to this agreement, the Association’s insurance coverage shall be
primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 the Softball’s
insurance and shall not contribute with it.
Association hereby grants to City a waiver of any right to subrogation which any insurer of
said Association may acquire against the City by virtue of the payment of any loss under such
insurance. Association agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
9. Notices. All notices, demands, and required or necessary communications shall be in writing
and delivered to the following addresses or such other addresses as the Parties may designate by
written notice:
City’s Notice Address: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-1180
ATTN: City Manager
Resolution Exhibit B
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Association’s Notice Address: Rohnert Park Girls Amateur Softball Association
5400 Eunice Street
PO Box 2723
Rohnert Park, CA 94928
ATTN: Mike Munson, CEO
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other party or any other person, shall be in writing and either served personally,
sent by United States mail, postage prepaid, first-class mail, certified or registered, return receipt
requested, or by nationally recognized overnight courier to the other party at the address listed in
above in this Section. Either party may change its address by notifying the other parties in writing
of the change of address. Notices shall be deemed delivered and effective upon the earlier of (i)
actual receipt if personally delivered on a business day; otherwise on the next business day, or (ii)
the date of delivery or refusal of the addressee to accept delivery if delivered on a business day, otherwise on the next business day, if such notice is sent by United States mail, postage prepaid,
first-class mail, certified or registered, return receipt requested, or by nationally recognized overnight
courier.
10. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or
obligation assumed by the Parties under this Agreement.
11. Duration and Termination of Agreement: This Agreement shall remain in effect until
the Work is completed and accepted by the City, but in no event later than one (1) year from the
date first written above.
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Resolution Exhibit B
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IN WITNESS WHEREOF, City and Rohnert Park Girls Amateur Softball Association have
executed this Agreement as of the Effective Date.
Dated:
Dated:
CITY OF ROHNERT PARK, a California
municipal corporation
By:
Darrin Jenkins City Manager
Per Resolution No. 22___-____ adopted by
the Rohnert Park City Council at its meeting
of ______________.
Rohnert Park Girls Amateur Softball
Association
By:
Name:
Title:
ATTEST:
Name:
City Clerk
APPROVED AS TO FORM:
Name:
City Attorney
Resolution Exhibit B
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EXHIBIT A
Description and Depiction of Access Area
1401 Middlebrook Way- Two softball fields near intersection of Manchester Ave and Madison Ave
Resolution Exhibit B
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EXHIBIT B
CERTIFICATE REGARDING WORKERS’ COMPENSATION
Labor Code Section 3700
“Every employer except the state shall secure the payment of compensation in one or more of the
following ways:
(A) By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this state.
(B) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of employers, which
may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability
to self-insure and to pay any compensation that may become due to his or her employees.”
I am aware of the provisions of Section 3700 of the Labor Code which require every employee to be
insured against liability for workers’ compensation or to undertake self-insurance in accordance with
the provisions of the code, and I will comply with such provisions before commencing the performance
of the work of this contract.
Contractor:
By:
Its:
In accordance with Article 5 (commencing at Section 1860), Chapter 1, Part 7, Division 2 of the Labor
Code, the above certificate must be signed and filed with the awarding body prior to performing any
work under the contract.
Resolution Exhibit B
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EXHIBIT C
City of Rohnert Park Waiver of Liability and Indemnification Agreement
I am a participant in the Rohnert Park Girls Amateur Softball Association Field Improvement
Project. As a condition of being allowed to participate in this Activity, I agree to the following:
I am fully aware there are special dangers and risks inherent in this activity, including, but not
limited to, exposure to sharp objects, tools, chemicals, insect and animal bites, trip and fall
hazards which could result in serious physical injury, death or other harmful consequences that
may arise or result directly or indirectly to me from my participation in this activity. I assume
any expenses and liabilities I incur in the event of any accident, illness or other incapacity.
I understand and agree that neither the City of Rohnert Park nor any of its officers, agents,
volunteers or employees shall be held responsible or made the subject of any claim for damages
or liability arising from bodily injury, property damage or loss of any sort to me, arising out of or
related to my participation in the Rohnert Park Girls Amateur Softball Association Field
Improvement Project, whether the result of the negligence acts or omission of the City of
Rohnert Park.
I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO
INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES (THE CITY OF
ROHNERT PARK, ITS EMPLOYEES, AGENTS, VOLUNTEERS, INDEPENDENT
CONTRACTORS, OFFICERS, ASSIGNS AND SUCCESSORS) FROM ALL LIABILITY,
CLAIMS, DEMANDS, LOSSES OR DAMAGES, SUSTAINED BY ME, CAUSED OR
ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE, AND FURTHER AGREE THAT IF, DESPITE THIS
RELEASE, I, OR ANYONE ON MY BEHALF MAKES A CLAIM AGAINST ANY OF THE
RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS
EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEYS’ FEES,
LOSS, LIABILITY OR DAMAGE, OR ANY OTHER COST THAT MAY OCCUR AS THE
RESULT OF SUCH A CLAIM.
<<name, date and signature fields>>
Resolution Exhibit B
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EXHIBIT D
Plans, Specifications, and Inspection Schedule
1/4/2022
Softball Fields
Magnolia Park Improvement Plan
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