REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE BLOOMINGTON RECREATION AND PARK DISTRICT
AND RECORD OF ACTION
January 23, 2024
FROM
TREVOR LEJA, Assistant Executive Officer, Department of Public Works - Special Districts
SUBJECT
Title
Revenue Memorandum of Understanding with the Bloomington Little League for Use of Kessler Park and Waiver of Certain Fees
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the Bloomington Recreation and Park District:
1. Approve a revenue Memorandum of Understanding, including a non-standard term, with the Bloomington Little League, authorized pursuant to Ordinance No. SD 23-06, that specifies the roles and responsibilities, including participant and rental fee agreement, of the respective parties towards the use of Kessler Park for the betterment of the Bloomington community through youth sports, effective January 23, 2024 through December 31, 2026, with the option to extend the term by an additional two years.
2. Find that the waiver of certain Bloomington Recreation and Park District use and rental fees for usage of facilities at Kessler Park serves a public purpose by facilitating public events and activities relating to youth baseball and softball for the community.
3. Direct the Director of Public Works to waive certain use and rental fees as set forth in the revenue Memorandum of Understanding referenced in Recommendation No. 1.
4. Accept the donation of a new scoreboard from the Bloomington Little League with an average estimated value of $15,000.
(Presenter: David Doublet, Assistant Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Memorandum of Understanding (MOU) between the Bloomington Little League (BLL) and the Bloomington Recreation and Park District (BRPD), which outlines the roles, responsibilities, and rental fees for usage of facilities at Kessler Park (Park), is estimated to generate the following revenue for BRPD to offset the financial impact from the fee waivers identified in the MOU:
|
Calendar Year |
Estimated Number of Participants (Children) |
Fee per Participant |
Estimated Revenue Amount |
|
Initial Term: |
|
|
|
|
2024 |
400 |
$0 |
$0 |
|
2025 |
400 |
$2 |
$800 |
|
2026 |
400 |
$4 |
$1,600 |
|
Additional Years: |
|
|
|
|
2027 |
400 |
$6 |
$2,400 |
|
2028 |
400 |
$7 |
$2,800 |
|
|
|
Total |
$7,600 |
The scoreboard donated by the BLL to the BRPD, with an average estimated value of $15,000, will be available for use in future sporting events. All costs for installation and future ongoing maintenance will be funded by BRPD.
Sufficient appropriation and revenue are included in the District’s 2023-24 Capital Improvement Program budget and will be included in future recommended budgets as needed.
BACKGROUND INFORMATION
The Park, located at 18401 Jurupa Avenue in Bloomington, is a community park of BRPD. The Park contains four baseball diamonds, two of which are designed for little league play, youth baseball games, and practices. The Park was originally constructed in 2006, and two additional fields were subsequently added in 2016. BLL currently uses the baseball diamonds, as well as the snack bar and batting cages, to provide events and activities relating to youth baseball and softball for the community.
Ordinance No. SD 23-06 authorizes a youth sporting organization using amenities and/or fields on a repetitive basis to enter into a separate fee agreement specific to the youth organization’s usage. Approval of this item will formalize the rights and privileges related to access, equipment, maintenance, priority of use, fees, insurance, and the term of the agreement, between BRPD and BLL to continue providing recreational opportunities at the Park for the betterment of the Bloomington community through youth sports. BLL will not be charged a per participant fee for the first year to allow the league to adjust programming to accommodate its increased costs. Certain other fees for use of the snack bar, batting cage, and all fall season use shall also be waived. Either party may terminate the MOU, at any time and without cause, with at least 30 days’ written notice to the other party.
The MOU also includes a term that differs from the standard County contract. The non-standard term is as follows:
1. Both BLL and BRPD are required to mutually indemnify the other against any and all claims, actions, losses, damages, and/or liability arising out of this MOU for any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the other on account of any claim except where such indemnification is prohibited by law.
• The County standard contract requires contracting parties to indemnify, defend, and hold County and BRPD harmless from third party claims arising out of the acts, errors, or omissions of any person. The County standard contract also does not include any mutual indemnification to a contractor, vendor, or other contracting party.
• Potential Impact: By agreeing to indemnify BLL, BRPD could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the BRPD, time limited, or expense limited could be brought against BLL without such limitations and BRPD would be responsible to defend and reimburse BLL for costs, expenses, and damages, which could exceed the total MOU amount.
The Department of Public Works - Special Districts recommends approval of the MOU, including the non-standard term, in order to formalize the specific roles and responsibilities with BLL, including participant and rental fees, of the respective parties toward the betterment of the Bloomington community through youth sports.
The BLL has requested BRPD to accept the donation of a new scoreboard for one of the ballfields at the Park. Accepting this donation will allow BLL and BRPD to use the scoreboard in future sporting events at the Park. BLL will supply the scoreboard and BRPD agrees to coordinate with BLL on the installation location. BRPD will install the scoreboard at no cost to BLL. BRPD will take ownership after installation and will be responsible for the cost of installation, future maintenance and associated ongoing costs.
PROCUREMENT
BRPD can receive this donation pursuant to County Policy 06-01 and 06-01 SP.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on January 18, 2024; Risk Management (Greg Ustaszewski, Staff Analyst, 386-9008) on December 14, 2023; Finance (Tom Forster, Administrative Analyst, 387-4635) on December 14, 2023; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on December 18, 2023.