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HomeMy WebLinkAboutAgenda Report - June 6, 2012 C-077 AGENDA ITEM Co, CITY OF LODI • COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution Approving the Mem randum of Understanding Between the Cit, of Lodi and the Boosters of Boys and Girls Sports (B.O.B.S.) MEETING DATE: June 6,2012 PREPARED BY: Parks, Recreationand Cultural Services Interim Director RECOMMENDED ACTION: Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the Boosters of Boys and Girls Sports (BOBS.). BACKGROUND INFORMATION: The BOBS is a nonprofit, community sports organization that has assisted the City in providing services to Lodi's young athletes since 1960. The services provided by the BOBS, and the roles and responsibilities of the BOBS and City, are outlined in a Memorandum of Understanding (MOU) that took effect in 1987 and has been revised several times. To better serve the BOBS and the Department, a single, updated MOU is needed. The attached MOU, which incorporates and better defines previous agreements between the parties, was developed through cordial discussions between Parks, Recreation and Cultural Services staff, the City Attorney and BOBS members. The BOBS Board of Directors unanimously voted in favor of the MOU on May 9, 2012. It will take effect upon the City Council's approval. FISCAL IMPACT: None. FUNDING AVAILABLE: Not applicable. Je Pecreation and Cultural Services Interim Director Attachments cc: City Attorney Eddie Long, BOBS President APPROVED:_ onraft t Sartlam, Manager June 6,2012 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI PARKS, RECREATION AND CULTURAL SERVICES AND THE BOOSTERS OF BOYSAND GIRLS SPORTS REGARDINGTHE PROVISION OF SERV1 ES TO THE CITY AND LODI COMMUNITY The following is a Memorandum of Understandingregardingthe relationship between the Boostersof Boys and Girls Sports, a 501(c)3 non-profit organization (to be referred to as: BOBS) and the City of Lodi Parks, Recreation and Cultural Services (to be referred to as: Department), a department of the City of Lodi a municipal corporation. This MOU supersedes the previous MOU titled "Department Policy Regarding Fees/Charges to B.O.B.S" dated March 22,1988. All prior agreements between the parties, whether they cover topics similar to or different from this agreement are hereby terminated by mutual agreement. It is the intent of this agreementto reflect all terms establishingthe party's relationship in this one document. The BOBS exist as a distinct non-profit organization whose goal is to offer programs and provide financial and material resourcesfor youth sports in Lodi. The Department and BOBS have had, and continue to have, a unique relationship enabling both entities to deliver cost effective and comprehensive youth sports programs in Lodi. The parties agree to following terms: BOBSwill provide its membersto the Departmentto conductvarious athletic programs throughout the year. All BOBS members services shall be voluntary and neither BOBS nor its members shall receive compensation for their services in their capacity as BOBS members. • The Directorof the Department shall be the authorized person to coordinate with the members of BOBS in their participation of the sports and recreation programs of the Department. The City will indemnify, defend and hold harmless BOBS members participating in the sports and recreation program of Department pursuantto this MOU, on the same terms and subjectto the same limits and exceptions as a City Employee (See for example GovernmentCode Section 995.2 and 825.). This paragraph shall not extend to concession stands operations which are required to be insured by BOBS as set forth below. The Citywill defend, indemnify and hold harmless BOBS, and its officers and directorsfrom any liability, up to a maximum of $250,000.00 by reason of injury to participants in BOBS directed, City sponsored sports and recreation programs, on the same terms and subject to the same limits and exceptions as a City Employee (See for example Government Code Section 995.2 and 825.) This paragraph shall not extend to concession stands operations which are required to be insured by BOBS asset forth below. BOBS has the right of first refusal to exclusively operate the food and beverage concession a t Salas Park, Kofu Park, Zupo Field and a t such other public places as may be permitted by the Director of the City's Parks, Recreation and Cultural Services Department. This right of first refusal shall not extend to nonathletic events. The net proceeds received from the sale of food, beverage and merchandise at these concession stands shall be used by BOBS solely to carry on the Department's recreational programs. BOBS shall account quarterly to the Parks and Recreation Commission for all concession operation income and expenses. Concession workers shall be BOBS employees for all purposes. BOBS agrees to maintain in full force during the time that they are operating food concession stands, a liability insurance policy in the minimum sum of $1,000,000.00 which shall name, by endorsement, the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as an additional insured and under which policythe insurer agrees to indemnifyand hold the BOBS and City of Lodi harmlessfrom and against all costs, expenses and liability arising out of or based upon any damages claimed by any person purchasing food from said concession stands. In addition to the additional named insured endorsement on BOBS' policy of insurance, said insurance policy shall be endorsed to include language that translates to: Such insurance as is afforded by the endorsementfor the Additional Insured shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. A duplicate or certificateof said insurance policy containing the above -stated required endorsements shall be delivered to the City Risk Manager after the issuance of said policy, with satisfactory evidence that the carrier is required to give the City of Lodi a t least 30 days prior notice of the cancellation or reduction in coverage of the policy during the effective period of this Agreement. Ifthere has been no such deliverywithin 48 hours priorto the expiration date of the policy, this Agreement shall be null and void. • BOBS will not be charged for use of department sports facilities and equipment for regularly scheduled programsor activities with the exception of the Grape Bowl. • Any facility requested outside the direct control of the Department (i.e.: Lodi Unified School District, State, and County facilities) maybe requested through the Department but are not guaranteed for use at no cost to the BOBS. • BOBS will be given office space within the Recreation Division in order to facilitate the provision of services to the mutual clientele of both the Department and BOBS. This will include a dedicated phone line, key/code access and use of meeting facilities to the extent it does not conflict with other department uses. • A Department employee will be assigned as a Liaison to the BOBS. This position answersto the Department and functions only as a conduit for communication and cooperation between the Department and BOBS. The Liaison shall not perform tasks a t the direction of BOBS or associated with development and delivery of BOBS programs. • The Departmentwill assess an administrative fee to all BOBS program registrations in order to compensate the Departmentfor overhead costs (administrative time, marketing, registration of clients, etc.) related to BOBS programs. BOBS wilI receive registration proceeds minus the administrative fee. BOBS will account quarterly to the Parks and Recreation Commission regardingthe income and expenses of its program revenues. When the BOBS host or co -host any major functions and/or special events on City Property (tournaments, dinners, etc.), the BOBS and the Departmentwill meet prior to these events and determine if any fees and/or charges will be necessaryto cover additional costs brought on by these events. Additional charges will be agreed upon prior to the scheduling of these events. • Priorto the beginning of each fiscal year (July 15`), the BOBS and the Departmentwill meet to discuss and determine any major capital outlay projects for the coming fiscal year. All projects will be supervised by the Parks Superintendent and the Parks Project Coordinator. The Project Coordinator will establish a projecttimeline and scope to which the projectwill strictly adhere. • The BOBS will not perform any projects or maintenanceto City real property or fixtures (excepting concession fixtures) without the written approval of the Directorof Parks, Recreation and Cultural services and/or the Parks Superintendent. • The BOBS will provide a representative member of the BOBS Executive Board to be present a t all Parks and Recreation Commission meetings which generallyoccur the first Tuesday of every month. • Any fee changes to programs from either the BOBS or the Department are to be discussed and agreed upon 60 days priorto the proposed implementation at which time there will be written notification of any changes. • BOBS members must pass fingerprint clearance to have supervisory or disciplinary authority over minors. • Either party can choose to terminate this agreementwith 12 months notice. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first hereinabovewritten. ATTEST: City Clerk Approved as to Form D. Stephen Schwabauer City Attorney CITY OF LODI LOA Mayor : a,-* I&Y_1►`I_17 GIRLS SPORTS Hereinabove called "BOBS" RESOLUTION NO. 2012-74 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND THE BOOSTERS OF BOYS AND GIRLS SPORTS (BOBS) ------------------------------------------------------------------ -------------------------------------------------------------------- WHEREAS, the Boosters of Boys and Girls Sports (BOBS) is a non-profit community sports organization that has assisted the City in providing services to Lodi's young athletes since 1960; and WHEREAS, the services provided by the BOBS, and the roles and responsibilities of the BOBS and City, are outlined in a Memorandum of Understanding that took effect in 1987 and has been revised several times; and WHEREAS, to better serve the BOBS and the Department, a single, updated Memorandum of Understanding was developed through cordial discussions between Parks, Recreation and Cultural Services staff, the City Attorney, and BOBS members; and WHEREAS, the new agreement was approved by the BOBS Executive Board on May 9, 2012. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Memorandum of Understanding between the City of Lodi and the Boosters of Boys and Girls Sports (BOBS). Dated: June 6, 2012 hereby certify that Resolution No. 2012-74 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 6, 2012, by the following vote: AYES: COUNCIL MEMBERS —Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NDI JOHL City Clerk 2012-74